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MEDICAL SERVICE AGREEMENT
ARTICLE F Relations Between Physicians and Members
Section F-1 Physician-Patient Relationship Physicians will maintain the professional and privileged relationship of physician and patient with Members, without intervention in any manner by Health Plan or its agents or employees, and Physicians will be solely responsible for all medical advice to and treatment of Members and for performance of all Medical Services, in accord with accepted professional standards and practices generally prevailing among physicians practicing in the Service Area. Section F-2. Termination of Untenable Relationships Health Plan and Medical Group recognize that the physician patient relationship is a personal relationship and involves a professional responsibility, and that circumstances may arise under which relations between particular Members and particular Physicians may become unsatisfactory. In such cases Medical Group will use its best efforts to provide Physicians who may develop a satisfactory physician-patient relationship with such Members. If Medical Group is unable to do so, then Health Plan, upon written request from Medical Group, will use its best efforts to terminate the membership of any such Member as promptly as reasonably possible. The parties recognize, however, that termination of such membership may, in some circumstances, be impossible or impractical, in which event Medical Group will refer the Member to outside physicians. Medical Group will be responsible for payment of such physicians' charges as may result from the rendering of Medical Services by such outside physicians. Section F-3. Refusal of Members to Follow Medical Advice for Conscientious or Other Personal Reasons
Health Plan and Medical Group recognize that
a Member, for conscientious or other personal reasons, may refuse to
follow
or undergo a procedure or course of treatment recommended by the
Attending
Physician in cases in which the Attending Physician believes that no
professionally
acceptable alternative to such recommended procedure or course of
treatment
exists. Health Plan will endeavor, insofar as practical, to
provide
in Membership Contracts that a Member's refusal, under such
circumstances,
to follow medical advice will relieve Medical Group and the Attending
Physician
from any further responsibility to provide care to the Member for the
condition
under treatment. However, Medical Group will furnish Medical
Services
in all cases in which an alternative professionally acceptable
procedure
or course of treatment exists which is acceptable to the Member, and
Medical
Group will not take the position that there are no professionally
acceptable
alternatives to the recommended course of treatment until after the
Attending
Physician has consulted with at least two physicians designated by
Medical
Group management. The Attending Physician may adopt such
course of
action as his or her professional judgment dictates, including, where
time
and surrounding circumstances permit, referral of the Member to other
physicians,
as provided in Section F-2 above. Nothing contained in this
Agreement
or in any Membership Contract will be construed to require Medical
Group
or any Physician to recommend or carry out any procedure or course of
treatment
which Medical Group or such Physician deems professionally
unacceptable.
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