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.

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Terms Used In Indiana Code 27-8-16-12

  • claim review agent: means any entity performing medical claims review on behalf of an insurance company, a health maintenance organization, or another benefit program providing payment, reimbursement, or indemnification for health care costs to an enrollee. See Indiana Code 27-8-16-1
  • claim review consultant: means a person who:

    Indiana Code 27-8-16-1.5

  • department: refers to the department of insurance. See Indiana Code 27-8-16-2
     (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.