Section 27-8-16-12 - Violations; claims review agent; notice; cease and desist orders; penalties; revocation or suspension of registration; review(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.