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Inadequate Legal Protection State regulation of MCOs in the form of Any Willing Provider laws (AWP) provides little protection for NPs.
There is also reason to believe that any willing provider laws were not actively enforced during the time period studied by the authors because of a court order in 1997 blocking Arkansas' broad-based any willing provider law, passed in 1995 (Crowley 2003; McLean and Richards 2003; Bleed 2004a).
Texas' request of the federal government presents a potential quandary for President Trump's administration: While he has signed legislation aimed at keeping tax dollars away from groups that perform abortions, federal law currently lets patients on Medicaid - the joint federal-state program for children, the disabled and the very poor - choose between "any willing provider."
Department of Health & Human Services, which oversees Medicaid, have said these "at-will contract provisions do not allow you to bypass the statutory requirement that any willing provider can provide these services," Huberfeld said.
CDR: You also mentioned the any willing provider provision, which was included in the proposed CMS rule on Medicare Part D.
It has paved the way for major changes in chronic care management, with GP-led clinical commissioning groups (CCGs) enabling patients to be referred to 'any willing provider'.
The new Health and Social Care Bill will also see the NHS being opened up to "any willing provider," raising fears over the privatisation of the NHS.
It also recommends that the concept of any willing provider in healthcare will remain, although companies will not be able to compete on price.
The current coalition plans would scrap primary care trusts and strategic health authorities and give GP groups control of around pounds 80 billion worth of NHS spending, with a remit to commission treatment and services from "any willing provider" - including private companies.
Unite/CPHVA professional officer Gavin Fergie states: 'There is a difference between "any willing provider" and any suitable provider, and in England Unite has come out against proposals to allow "any willing providers" of health services.'
"In future, in England, it will be possible for NHS services to be delivered by 'any willing provider'.
The Labour leader will say that this is nowhere more true than in the case of the NHS, where Health Secretary Andrew Lansley plans to hand almost 80% of the English health budget to GPs to commission treatment and services from "any willing provider" - including private firms.