Rule 120-2-111-.12 - Violations by Independent Review Organizations(1) If the Department believes that any person conducting independent review is in violation of the Act, or these Rules, the Department shall notify the independent review organization of the alleged violation and may compel the production of any and all documents or other information as necessary to determine whether or not such violation has taken place.(2) The Department may initiate appropriate proceedings in accordance with the Act and these Rules.(3) The Department shall be the party bringing any action pursuant to these Rules.(4) If the independent Hearing Officer determines that the independent review organization has violated or is violating any provision of the Act or these Rules, the Hearing Officer may: (a) impose sanctions with regard to the assignment of review requests to the independent review organization;(b) require the independent review organization to cease and desist from the action(s) found to be in violation of the Act or these Rules; and/or(c) revoke or suspend the certification of an independent review organization.(5) The commission of fraudulent or deceptive acts or omissions in obtaining, attempting to obtain, or use of certification or designation as an Independent Review Organization is a violation of Chapter 20A of Title 33 of the Official Code of Georgia Annotated.Ga. Comp. R. & Regs. R. 120-2-111-.12
O.C.G.A. §§ 33-2-9, 33-20A-41.
Original Rule entitled "Violations by Independent Review Organizations" adopted. F. Sept. 20, 2023; eff. August 1, 2023, as specified by the Agency.