Member and health care provider grievances

Sec. 2.6. (a) If a: (1) member is aggrieved by an act of the association; or (2) health care provider is aggrieved by an act of the association with respect to reimbursement to the provider under an association policy; the member or health care provider shall, not more than ninety (90) days after the act occurs, appeal to the board of directors for review of the act. (b) If: (1) within thirty (30) days after an appeal is filed under subsection (a), the board of directors has not acted on the appeal; or (2) a member or health care provider is aggrieved by a final action or decision of the board of directors; the member or health care provider may appeal to the commissioner. (c) An appeal to the commissioner under subsection (b) must be filed less than thirty (30) days after the: (1) expiration of the thirty (30) day period specified in subsection (b)(1); or (2) action or decision specified in subsection (b)(2). (d) The commissioner shall, not more than forty-five (45) days after an appeal is filed under subsection (c), take a final action or issue an order regarding the appeal. (e) A final action or order of the commissioner on an appeal filed under this section is subject to judicial review. (f) If a member or health care provider sues the association, the court shall not award to the member or health care provider: (1) attorney's fees or costs; or (2) punitive damages.