- (a) When a complaint is received by the Department of Insurance (Department) against a limited health service organization (respondent) or producer (respondent), the respondent shall be notified of the complaint. The Department in its notification shall specify the date when a report is to be received from the respondent, which shall be no later than 21 days after notification is sent to the respondent. A failure to reply by the date specified may be followed by a collect telephone call or collect telegram. Repeated instances of failing to reply by the date specified may result in further regulatory action.
(b) Contents of response or report.
- (1) Each respondent shall supply adequate documentation which explains all actions taken or not taken and which were the basis for the complaint.
- (2) Documents necessary to support the respondent's position and information requested by the Department, shall be furnished with the respondent's reply.
- (3) The respondent's reply shall be duplicate, but duplicate copies of supporting documents shall not be required.
- (4) The respondent's reply shall include the name, telephone number and address of the individual assigned to the complaint.
- (5) The Department shall respect the confidentiality of medical reports and other documents which by law are confidential. Any other information furnished by a respondent shall be marked "confidential" if the respondent does not wish it to be released to the complainant.
(c) Follow-up conclusion. Upon receipt of the respondent's report, the investigating deputy shall evaluate the material submitted; and
- (1) advise the complainant of the action taken and disposition of his complaint;
- (2) pursue further investigation with respondent or complainant; or
- (3) refer the investigation report to the appropriate unit within the Department of Insurance for further regulatory action.
(from Ch. 73, par. 1503-3)
(Source: P.A. 86-600.)