Section 0800-02-20-.13 - REMOVAL OF A PHYSICIAN FROM THE REGISTRY(1) The Administrator may remove a physician from the MIR Registry. In doing so, the Administrator shall first notify the physician in writing that he or she is at risk of being removed from the MIR Registry. The Administrator may remove a physician from the MIR Registry permanently or temporarily based upon any of the following grounds:(a) Misrepresentation on the "Application for Appointment to the MIR Registry" as determined by the Administrator;(b) Failure to timely report a conflict of interest in a case assignment, as determined by the Administrator;(c) Refusal or substantial failure to comply with the provisions of these Rules, including, but not limited to, failure to determine impairment ratings correctly using the AMA GuidesTM, as determined by the Administrator;(d) Failure to maintain the requirements of the Rules, as determined by the Administrator; or(e) Any other reason for the good of the Registry as determined solely and exclusively by the Administrator.(2) Written complaints regarding any MIR Registry physician shall be submitted to the Program Coordinator. Upon receipt of a complaint regarding a MIR Registry physician, the Administrator shall send written notice of the complaint (or in cases arising under Rule 0800-02-20-.13(1), notice and grounds for possible removal) to such physician, stating the grounds, and notifying the physician that he or she is at risk of being removed from the MIR Registry. (a) The physician shall have thirty (30) calendar days from the date the Notice of Complaint in which to respond in writing to the complaint(s), and may submit any responsive supporting documentation to the Program Coordinator for consideration. Failure of the physician to submit a timely response to the Notice of Complaint may result in removal of the physician from the MIR Registry.(b) The Administrator, in consultation with the Medical Director and Program Coordinator, shall consider the complaint(s) and any response(s) from the physician in reaching a decision as to whether the physician shall be removed from the MIR Registry.(c) Upon reaching a determination on the complaint(s), the Administrator shall issue a written Notice of Determination and set forth the basis for the decision in such Notice. The determination set forth shall become final fifteen (15) calendar days after issuance of the Notice of Determination, unless a timely request for reconsideration is received.(d) A MIR Registry physician may seek reconsideration of an adverse decision from the Administrator by submitting a request for reconsideration stating the grounds for such reconsideration to the Program Coordinator within fifteen (15) calendar days of the issuance of the Notice of Determination. The Administrator may affirm, modify or reverse the initial determination upon reconsideration of the initial decision. The Administrator shall issue a Notice of Determination upon Reconsideration which shall be the final decision. If the Administrator does not act on the request for reconsideration within twenty (20) calendar days, then the request shall be deemed to have been denied, which shall be the final decision.(3) A physician who has been removed from the MIR Registry by the Administrator may apply for reinstatement one year after the date of removal by submitting a written request to the Program Coordinator.(4) In lieu of removing a physician from the MIR Registry, the Administrator, at his or her sole discretion, may move the physician to inactive status pending the fulfillment of additional AMA GuidesTM training or other administrative requirements, as designated in writing to the physician. MIR Registry physicians moved to inactive status shall remain on the MIR Registry, but may not:(a) Be placed on the 100-mile list of qualified physicians for a given dispute;(b) Perform MIR evaluations; or(c) Have recourse through reconsideration of the Administrator's decision to move the physician to inactive status.Tenn. Comp. R. & Regs. 0800-02-20-.13
Public necessity rule filed June 15, 2005; effective through November 27, 2005. Public necessity rule filed November 16, 2005; effective through April 30, 2006. Original rule filed January 30, 2006; effective April 15, 2006. Amendment filed March 25, 2013; effective June 23, 2013. Amendment filed December 26, 2013; effective March 26, 2014. Amendments filed June 10, 2016; effective September 8, 2016. Amendments filed December 5, 2023; effective 3/4/2024.Authority: T.C.A. §§ 50-6-102, 50-6-204, 50-6-205, and 50-6-233.