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S 3107Health Insurance

Insurance - Accident and Sickness Insurance Policies

This bill prohibits health insurers from discriminating based on race, gender, weight, identity, or health conditions like pregnancy.

Held for study
Population
Affected
72
Introduced Mar 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends Rhode Island insurance laws to prohibit discrimination in health benefit plans. It explicitly lists protected categories including race, ethnicity, religion, national origin, sex, sexual orientation, gender identity, pregnancy, age, disability, height, and weight. The bill mandates that insurance companies cannot categorically exclude coverage for gender-affirming care or reproductive health care. It also requires insurers to provide specific notices to enrollees regarding their non-discrimination rights and instructions on how to file grievances. The law applies to various healthcare entities, including hospital service corporations and health maintenance organizations.

For younger readers

This new rule tells health insurance companies that they must treat everyone fairly. Health insurance helps pay for doctors and medicine. The rule says these companies cannot say "no" to helping someone just because of who they are, like their skin color, religion, if they are a boy or girl, or how much they weigh. It also says companies cannot refuse to pay for medicines that help people change their gender or for care related to having a baby. The companies must also tell people how to complain if they feel they are being treated unfairly.

Who & Where It Applies

Impacted groups
Health Insurance CompaniesTransgender IndividualsPregnant WomenPeople with DisabilitiesHealthcare Professionals
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Codifies explicit protections for gender-affirming care and reproductive health, ensuring that marginalized communities have guaranteed access to essential medical services without categorical exclusions.
  • Expands anti-discrimination protections to include weight and height, helping to dismantle systemic fatphobia and bias within the medical insurance industry that often denies care based on body size.
  • Mandates that benefit designs must provide coverage in the most integrated setting appropriate for individuals with disabilities, preventing practices that force people into institutionalization or segregation.
  • Allows insurers to continue denying coverage based on "medical necessity" and "reasonable medical management," which are subjective terms often used by corporations to deny care to trans and disabled individuals.
  • Relying on a grievance-based enforcement model places the burden of policing the insurance industry on the victims of discrimination rather than establishing a proactive state oversight body.
  • Does not appear to eliminate cost-sharing (deductibles and copays) for these services, meaning that while coverage is technically mandated, it may remain financially inaccessible to low-income populations.
For Conservatives
  • Explicitly includes "religion" as a protected class, which ensures that individuals cannot be denied insurance enrollment or benefits based on their religious beliefs or affiliation.
  • Retains the "medical necessity" standard, ensuring that insurance companies are not forced to pay for elective procedures that do not meet established medical criteria.
  • Protects healthcare professionals from discrimination by insurance entities, ensuring doctors and providers are not dropped from networks based on their beliefs or identity.
  • Mandates coverage for gender transition procedures and abortion-related services, forcing private companies and premium-payers to subsidize practices that violate their moral or religious convictions.
  • Prohibits insurers from factoring in height and weight for coverage decisions, which disrupts risk assessment models and will likely drive up premiums for all policyholders to subsidize high-risk individuals.
  • Imposes heavy regulatory burdens on businesses by requiring new compliance notices, grievance procedures, and benefit redesigns, interfering with the free market operation of the insurance industry.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 300 additions · 32 deletions

It is enacted by the General Assembly as follows:

SECTION 1. Section 27-18-25 of the General Laws in Chapter 27-18 entitled "Accident and Sickness Insurance Policies" is hereby amended to read as follows: 27-18-25. Unfair discrimination prohibited. Notwithstanding any provision of any policy of insurance, certificate, or service contract issued in this state, whenever the insurance policy, certificate, or service contract provides for reimbursement for any services that may be legally performed by any person licensed under the provisions of chapters 29, 30, 35.1, and 37 of title 5, reimbursement under the insurance policy, certificate, or service contract shall be based upon a determination of medical necessity and shall not be denied because of race, color, or creed, nor shall any insurer make or permit any unfair discrimination against particular individuals or persons licensed under chapters 29, 30, 35.1, and 37 of title 5.

(a) For the purposes of this section:

(1) “Health-benefit plan” or “health plan” means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, and includes individual and group plans.

(2) “Healthcare entity” means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.

(3) “Pregnancy, childbirth, or related medical conditions” includes, but is not limited to, childbirth, abortion, miscarriage, fertility, contraception, and lactation.

(b) An individual may not be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(c) No healthcare entity may, in offering, providing, or administering a health plan:

(1) Deny, cancel, delay, limit, or refuse to issue or renew a health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(2) Have or implement marketing practices or benefit designs that discriminate on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(3) Deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, to an individual on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(4) Have or implement a categorical coverage exclusion or limitation for any health services related to gender transition or other gender-affirming health care, or reproductive health care;

(5) Otherwise deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, for specific health services related to gender transition or other gender-affirming health care services and reproductive health care services if such denial, limitation, or restriction results in discrimination against a member of protected class, as described in subsection (b); or

(6) Have or implement benefit designs that do not provide or administer health insurance coverage in the most integrated setting appropriate to the needs of qualified individuals with disabilities, including practices that result in the serious risk of institutionalization or segregation.

(d) Nothing in this section requires coverage of any health service where the healthcare entity has a legitimate, nondiscriminatory reason for denying or limiting coverage of the health service or determining that such health service fails to meet applicable coverage requirements, including reasonable medical management techniques such as medical necessity requirements. Such coverage denial or limitation must not be based on unlawful animus or bias, or constitute a pretext for discrimination.

(e) The enumeration of specific forms of discrimination in subsection (c) of this section does not limit the general applicability of the prohibition in subsection (b) of this section.

(f) No healthcare entity may discriminate with respect to participation under a health- benefit plan or coverage against any healthcare professional who is acting within the scope of that healthcare professional’s license or certification under applicable state law, on the basis of that healthcare professional’s actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(g) A healthcare entity shall provide the following information in a notice to enrollees of a health-benefit plan regarding the nondiscrimination requirements of this section:

(1) A statement that the health-benefit plan does not discriminate on the basis of any characteristic protected under applicable state law, including this section;

(2) Instructions on how an enrollee may file a grievance regarding discrimination;

(3) The healthcare entity’s internet website where an enrollee may file a grievance, if available; and

(4) The healthcare entity’s telephone number that an enrollee may use to file a grievance regarding discrimination.

(h) A healthcare entity or health-benefit plan found to have violated any provision of this section shall be subject to the penalty and enforcement provisions of chapters 14 and 14.5 of title 42, and the regulations promulgated thereunder.

SECTION 2. Section 27-19-75 of the General Laws in Chapter 27-19 entitled "Nonprofit Hospital Service Corporations" is hereby amended to read as follows: 27-19-75. Unfair discrimination prohibited. Notwithstanding any provision of any policy of insurance, certificate, or service contract issued in this state, whenever the insurance policy, certificate, or service contract provides for reimbursement for any services that may be legally performed by any person licensed under the provisions of chapters 29, 30, 35 [repealed], and 37 of title 5, reimbursement under the insurance policy, certificate, or service contract shall be based upon a determination of medical necessity and shall not be denied because of race, color, or creed, nor shall any insurer make or permit any unfair discrimination against particular individuals or persons licensed under chapters 29, 30, 35 [repealed], and 37 of title 5.

(a) For the purposes of this section:

(1) “Health-benefit plan” or “health plan” means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, and includes individual and group plans.

(2) “Healthcare entity” means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.

(3) “Pregnancy, childbirth, or related medical conditions” includes, but is not limited to, childbirth, abortion, miscarriage, fertility, contraception, and lactation.

(b) An individual may not be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(c) No healthcare entity may, in offering, providing, or administering a health plan:

(1) Deny, cancel, delay, limit, or refuse to issue or renew a health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(2) Have or implement marketing practices or benefit designs that discriminate on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(3) Deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, to an individual on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(4) Have or implement a categorical coverage exclusion or limitation for any health services related to gender transition or other gender-affirming health care, or reproductive health care;

(5) Otherwise deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, for specific health services related to gender transition or other gender-affirming health care services and reproductive health care services if such denial, limitation, or restriction results in discrimination against a member of protected class, as described in subsection (b); or

(6) Have or implement benefit designs that do not provide or administer health insurance coverage in the most integrated setting appropriate to the needs of qualified individuals with disabilities, including practices that result in the serious risk of institutionalization or segregation.

(d) Nothing in this section requires coverage of any health service where the healthcare entity has a legitimate, nondiscriminatory reason for denying or limiting coverage of the health service or determining that such health service fails to meet applicable coverage requirements, including reasonable medical management techniques such as medical necessity requirements. Such coverage denial or limitation must not be based on unlawful animus or bias, or constitute a pretext for discrimination.

(e) The enumeration of specific forms of discrimination in subsection (c) of this section does not limit the general applicability of the prohibition in subsection (b) of this section.

(f) No healthcare entity may discriminate with respect to participation under a health- benefit plan or coverage against any healthcare professional who is acting within the scope of that healthcare professional’s license or certification under applicable state law, on the basis of that healthcare professional’s actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(g) A healthcare entity shall provide the following information in a notice to enrollees of a health-benefit plan regarding the nondiscrimination requirements of this section:

(1) A statement that the health-benefit plan does not discriminate on the basis of any characteristic protected under applicable state law, including this section;

(2) Instructions on how an enrollee may file a grievance regarding discrimination;

(3) The healthcare entity’s internet website where an enrollee may file a grievance, if available; and

(4) The healthcare entity’s telephone number that an enrollee may use to file a grievance regarding discrimination.

(h) A healthcare entity or health-benefit plan found to have violated any provision of this section shall be subject to the penalty and enforcement provisions of chapters 14 and 14.5 of title 42, and the regulations promulgated thereunder.

SECTION 3. Section 27-20-71 of the General Laws in Chapter 27-20 entitled "Nonprofit Medical Service Corporations" is hereby amended to read as follows: 27-20-71. Unfair discrimination prohibited. Notwithstanding any provision of any policy of insurance, certificate, or service contract issued in this state, whenever the insurance policy, certificate, or service contract provides for reimbursement for any services that may be legally performed by any person licensed under the provisions of chapters 29, 30, 35 [repealed], and 37 of title 5, reimbursement under the insurance policy, certificate, or service contract shall be based upon a determination of medical necessity and shall not be denied because of race, color, or creed, nor shall any insurer make or permit any unfair discrimination against particular individuals or persons licensed under chapters 29, 30, 35 [repealed], and 37 of title 5.

(a) For the purposes of this section:

(1) “Health-benefit plan” or “health plan” means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, and includes individual and group plans.

(2) “Healthcare entity” means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.

(3) “Pregnancy, childbirth, or related medical conditions” includes, but is not limited to, childbirth, abortion, miscarriage, fertility, contraception, and lactation.

(b) An individual may not be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(c) No healthcare entity may, in offering, providing, or administering a health plan:

(1) Deny, cancel, delay, limit, or refuse to issue or renew a health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(2) Have or implement marketing practices or benefit designs that discriminate on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(3) Deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, to an individual on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(4) Have or implement a categorical coverage exclusion or limitation for any health services related to gender transition or other gender-affirming health care, or reproductive health care;

(5) Otherwise deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, for specific health services related to gender transition or other gender-affirming health care services and reproductive health care services if such denial, limitation, or restriction results in discrimination against a member of protected class, as described in subsection (b); or

(6) Have or implement benefit designs that do not provide or administer health insurance coverage in the most integrated setting appropriate to the needs of qualified individuals with disabilities, including practices that result in the serious risk of institutionalization or segregation.

(d) Nothing in this section requires coverage of any health service where the healthcare entity has a legitimate, nondiscriminatory reason for denying or limiting coverage of the health service or determining that such health service fails to meet applicable coverage requirements, including reasonable medical management techniques such as medical necessity requirements. Such coverage denial or limitation must not be based on unlawful animus or bias, or constitute a pretext for discrimination.

(e) The enumeration of specific forms of discrimination in subsection (c) of this section does not limit the general applicability of the prohibition in subsection (b) of this section.

(f) No healthcare entity may discriminate with respect to participation under a health- benefit plan or coverage against any healthcare professional who is acting within the scope of that healthcare professional’s license or certification under applicable state law, on the basis of that healthcare professional’s actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(g) A healthcare entity shall provide the following information in a notice to enrollees of a health-benefit plan regarding the nondiscrimination requirements of this section:

(1) A statement that the health-benefit plan does not discriminate on the basis of any characteristic protected under applicable state law, including this section;

(2) Instructions on how an enrollee may file a grievance regarding discrimination;

(3) The healthcare entity’s internet website where an enrollee may file a grievance, if available; and

(4) The healthcare entity’s telephone number that an enrollee may use to file a grievance regarding discrimination.

(h) A healthcare entity or health-benefit plan found to have violated any provision of this section shall be subject to the penalty and enforcement provisions of chapters 14 and 14.5 of title 42, and the regulations promulgated thereunder.

SECTION 4. Section 27-41-88 of the General Laws in Chapter 27-41 entitled "Health Maintenance Organizations" is hereby amended to read as follows: 27-41-88. Unfair discrimination prohibited. Notwithstanding any provision of any policy of insurance, certificate, or service contract issued in this state, whenever the insurance policy, certificate, or service contract provides for reimbursement for any services that may be legally performed by any person licensed under the provisions of chapters 29, 30, 35, and 37 of title 5, reimbursement under the insurance policy, certificate, or service contract shall be based upon a determination of medical necessity and shall not be denied because of race, color, or creed, nor shall any insurer make or permit any unfair discrimination against particular individuals or persons licensed under chapters 29, 30, 35, and 37 of title 5.

(a) For the purposes of this section:

(1) “Health-benefit plan” or “health plan” means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, and includes individual and group plans.

(2) “Healthcare entity” means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services.

(3) “Pregnancy, childbirth, or related medical conditions” includes, but is not limited to, childbirth, abortion, miscarriage, fertility, contraception, and lactation.

(b) An individual may not be excluded from participation in, be denied benefits of, or otherwise be subject to discrimination under any health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(c) No healthcare entity may, in offering, providing, or administering a health plan:

(1) Deny, cancel, delay, limit, or refuse to issue or renew a health-benefit plan on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(2) Have or implement marketing practices or benefit designs that discriminate on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(3) Deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, to an individual on the basis of actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof;

(4) Have or implement a categorical coverage exclusion or limitation for any health services related to gender transition or other gender-affirming health care, or reproductive health care;

(5) Otherwise deny or limit coverage, deny or limit coverage of a claim, or impose additional cost sharing or other limitations or restrictions on coverage, for specific health services related to gender transition or other gender-affirming health care services and reproductive health care services if such denial, limitation, or restriction results in discrimination against a member of protected class, as described in subsection (b); or

(6) Have or implement benefit designs that do not provide or administer health insurance coverage in the most integrated setting appropriate to the needs of qualified individuals with disabilities, including practices that result in the serious risk of institutionalization or segregation.

(d) Nothing in this section requires coverage of any health service where the healthcare entity has a legitimate, nondiscriminatory reason for denying or limiting coverage of the health service or determining that such health service fails to meet applicable coverage requirements, including reasonable medical management techniques such as medical necessity requirements. Such coverage denial or limitation must not be based on unlawful animus or bias, or constitute a pretext for discrimination.

(e) The enumeration of specific forms of discrimination in subsection (c) of this section does not limit the general applicability of the prohibition in subsection (b) of this section.

(f) No healthcare entity may discriminate with respect to participation under a health- benefit plan or coverage against any healthcare professional who is acting within the scope of that healthcare professional’s license or certification under applicable state law, on the basis of that healthcare professional’s actual or perceived: race; ethnicity; color; religion; national origin, including language; sex, including sex characteristics, sexual orientation, gender identity, gender expression, and pregnancy, childbirth, or related medical conditions; age; disability; height; weight; or any combination thereof.

(g) A healthcare entity shall provide the following information in a notice to enrollees of a health-benefit plan regarding the nondiscrimination requirements of this section:

(1) A statement that the health-benefit plan does not discriminate on the basis of any characteristic protected under applicable state law, including this section;

(2) Instructions on how an enrollee may file a grievance regarding discrimination;

(3) The healthcare entity’s internet website where an enrollee may file a grievance, if available; and

(4) The healthcare entity’s telephone number that an enrollee may use to file a grievance regarding discrimination.

(h) A healthcare entity or health-benefit plan found to have violated any provision of this section shall be subject to the penalty and enforcement provisions of chapters 14 and 14.5 of title 42, and the regulations promulgated thereunder.

SECTION 5. This act shall take effect upon passage.