Ill. Admin. Code tit. 68 § 1285.275

Current through Register Vol. 48, No. 24, June 14, 2024

Section 1285.275 - Failing to Furnish Information

a) In cases alleging a violation of Section 22(A)(38) of the Act, evidence will be present that:

1) A written request for information was received by the physician (as evidenced by receipt of a subpoena or certified or registered letter);

2) The written request was signed by the Chief Medical Coordinator or Deputy Medical Coordinator;

3) The request for information was accompanied by a notice that sanctions are provided by Section 23(A)(38) of the Act for a failure to provide the information and that the recipient may request a hearing to determine the legality of the request;

4) The recipient was allowed at least 10 days to provide the information or request a hearing; and

5) The recipient failed to provide the information that was within his or her possession or control.

b) In the event that the recipient requests a hearing to determine the legality of the request for information, a hearing will be held by the Disciplinary Board or a hearing officer pursuant to 68 Ill. Adm. Code 1110, limited to the issue of whether the recipient has a valid basis for refusing to comply with the request.

Ill. Admin. Code tit. 68, § 1285.275

Amended at 29 Ill. Reg. 18823, effective November 4, 2005