Sec. 12. (a) If the department believes that a claim review agent or claim review consultant has violated this chapter, the department shall notify the claim review agent or claim review consultant of the alleged violation.
(b) The claim review agent or claim review consultant shall respond to a notice given under subsection (a) within thirty (30) days after receiving the notice.
(c) If the department:
(1) believes that a claim review agent or claim review consultant has violated this chapter; and
(2) is not satisfied, based on the response given by the claim review agent or claim review consultant under subsection (b), that the violation has been corrected;
the department shall order the claim review agent or claim review consultant under IC 4-21.5-3-6 to cease all claims review activities in Indiana.
(d) If the department determines that a claim review agent or claim review consultant has violated this chapter, the department:
(1) shall order the claim review agent or claim review consultant to cease and desist from engaging in the violation; and
(2) may do either or both of the following:
(A) Order the claim review agent or claim review consultant to pay a civil penalty of not more than five thousand dollars ($5,000) if the claim review agent or claim review consultant has committed violations with a frequency that indicates a general business practice.
(B) Suspend or revoke the certificate of registration of the claim review agent or claim review consultant.
(e) An order issued or a ruling made by the department under this section is subject to review under IC 4-21.5.
As added by P.L.128-1992, SEC.2. Amended by P.L.260-1995, SEC.9.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 16. Medical Claims Review
27-8-16-0.5. Applicability of Chapter
27-8-16-1. "Claim Review Agent" Defined
27-8-16-1.5. "Claim Review Consultant" Defined
27-8-16-2. "Department" Defined
27-8-16-4. "Medical Claims Review" Defined
27-8-16-5. Certificate of Registration; Issuance to Agent
27-8-16-5.2. Certificate of Registration; Application; Requirements; Application Fee
27-8-16-6. Certificate of Registration; Renewal; Transfer; Notice of Change in Information
27-8-16-7. Minimum Claim Review Agent Requirements
27-8-16-9. Provider's Statement; Documentation of Review Agent Capability
27-8-16-9.5. Claim Determinations Based on Data Base Information
27-8-16-10. Fraudulent or Misleading Information; Penalties
27-8-16-11. Prohibited Bases for Compensation of Claim Review Agents and Consultants