10.48.01.04

.04 Conditions for Participation.

A. To be reimbursed by the Program, the provider shall:

(1) Accept payment by the Program as payment in full for the services rendered to an eligible child and make no additional charge to any person for covered services;

(2) Agree that if the Program denies payment or requests repayment on the basis that an otherwise covered service was not medically necessary, the provider may not seek payment for that service from the child or child's parent or guardian;

(3) Provide services without regard to race, creed, color, sex, national origin, marital status, or physical or mental handicap;

(4) Maintain records for a minimum of 5 years which are sufficient in detail to support the invoices submitted for payment and make these records available, upon request, to the Department or its designee;

(5) Examine or treat any child to determine the nature and extent of any injury as a result of abuse or neglect to the child if the child is brought to the provider:

(a) In accordance with a court order;

(b) By a police officer who states that the police officer believes the child is an abused child; or

(c) By a representative of a local department of social services who states that the representative believes the child is an abused or neglected child.

B. The provider may not require the consent of the child's parent, guardian, or custodian as a condition of examination or emergency medical treatment.

C. Immunity from Civil Liability.

(1) A physician who examines or treats a child under this chapter is immune from any civil liability that may result from the failure to obtain consent from the child's parents, guardian, or custodian for the examination or treatment of the child.

(2) The immunity extends to any:

(a) Health care institution with which the physician is affiliated, or to which the child is brought; and

(b) Individual working under the control or supervision of the physician or under the control or supervision of the health care institution.