Sec. 17. (a) If the department believes that a utilization review agent has violated this chapter, the department shall notify the utilization review agent of the alleged violation.

     (b) The utilization review agent 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 utilization review agent has violated this chapter; and

(2) is not satisfied, based on the response given by the utilization review agent under subsection (b), that the violation has been corrected;

the department shall order the utilization review agent under IC 4-21.5-3-6 to cease all utilization review activities in Indiana.

     (d) If the department determines that a utilization review agent has violated this chapter, the department:

(1) shall order the utilization review agent to cease and desist from engaging in the violation; and

(2) may do either or both of the following:

(A) Order the utilization review agent to pay a civil penalty of not more than five thousand dollars ($5,000) if the utilization review agent has committed violations with a frequency that indicates a general business practice.

(B) Suspend or revoke the certificate of registration of the utilization review agent.

     (e) Any order issued or 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.1.