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Gov. Ivey signs bill protecting physician-patient communication

The law bans contractual clauses that prevent physicians from discussing treatment costs, lower-cost alternatives, and other care options.

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The Medical Association of the State of Alabama on Thursday applauded Gov. Kay Ivey’s signature on Senate Bill 43, which they called landmark legislation that protects the doctor-patient relationship by banning so-called “gag clauses” in contracts between physicians and health insurers or healthcare facilities.

“Sponsored by Sen. Tim Melson, this new law ensures physicians can freely share important information with their patients about the cost of treatments, lower-cost alternatives and the full range of available options – without interference or fear of retaliation. The legislation prohibits health insurers and healthcare facilities from penalizing physicians for having open, honest conversations with their patients about medical care,” the association shared.

“Trust is at the very heart of the doctor-patient relationship,” said Dr. Mark LeQuire, president of the Medical Association. “This bill ensures that nothing gets in the way of physicians being fully transparent with their patients. No insurance contract or facility policy should ever silence a doctor who is trying to help their patient make an informed decision. We deeply appreciate Senator Melson’s leadership on this important issue.”

The new law, which goes into effect Oct. 1, makes it clear that any contract clause limiting a physician’s ability to share cost, efficacy or treatment comparison information is legally unenforceable.

The Medical Association says they have long advocated for policies that support open communication between physicians and patients, which is essential to quality care, cost transparency and patient trust.

The Alabama Political Reporter is a daily political news site devoted to Alabama politics. We provide accurate, reliable coverage of policy, elections and government.

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