... Nealy decided to choose his own HMO. ... On April 2,1992, by the direction of the HMO, Nealy went to a plan participating doctor to get a referral for his treatment by his regular cardiologist. The HMO doctor refused to see him, because Nealy did not receive his membership card. The next day he returned with his HMO enrollment form and was still turned away. For three weeks he tried to contact his HMO about not receiving his card. ... On April 9, 1992, The HMO doctor finally decided to meet with Nealy. In the examination room, the doctor admitted that he did not know the regulations and guidelines of HMO referrals.
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