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General Laws

Section 12. Any dispute or controversy arising between a medical service corporation and any participating physician, participating chiropractor, or any other participating provider of health services licensed under the laws of the commonwealth, or any subscriber, or any person whose subscription certificate has been canceled or to whom such corporation has refused to issue such certificate may within thirty days after such dispute or controversy arises be submitted by any person aggrieved to a board serving in the division of insurance and consisting of the commissioner or a person designated by him, the chairman of the board of registration and discipline in medicine or any person designated by him, and the attorney general or a person designated by him, for its decision with respect thereto. All decisions and orders of the board or of the commissioner made under any provision of this chapter may be revised as justice and equity may require upon a petition in equity filed, within ten days after the promulgation of such decision or order in the superior court within and for the county of Suffolk by any party aggrieved by such decision or order. If the board fails to resolve a dispute or controversy not involving a medical service corporation’s methods of compensating such participating physician or provider within one year, any such participating physician or other participating provider of health services and any such subscriber or person may commence an action against such medical service corporation with respect to such dispute or controversy by filing a complaint in the superior court for the county in which he resides, which action may be maintained as a class action, subject to the provisions of rule twenty-three of the Massachusetts rules of civil procedure and shall be assigned by the court for a speedy completion of the pleadings, pretrial discovery, and hearing on the merits.

Any dispute or controversy arising between a medical service corporation and any participating psychiatrist, psychologist or social worker licensed under the laws of the commonwealth, or any subscriber, which is submitted by any aggrieved person to a board established pursuant to the provisions of this section shall be heard by such board in such a manner as to protect the privacy of all patient information which is the subject of such dispute or controversy or which comes to the attention of the board in its review. In furtherance of the protection of such privacy a board may and is hereby authorized to exclude the public during its hearing and deliberation of such cases.

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