- (a) Pursuant to the Insurance Code §4202.002(c)(2)(B), upon the request of the department, an independent review organization must surrender the organization's certificate of registration while the organization is under investigation or as part of an agreed order.
- (b) For the purposes of this section, the term "investigation" is defined as the filing of a Notice of Hearing or a Notice of Violation with the State Office of Administrative Hearings by the department or TDI-DWC against an independent review organization where such notice seeks revocation of the certificate of registration of the independent review organization.
- (c) A certificate of registration that is surrendered under this section is temporarily suspended while the investigation is pending.
- (d) Independent reviews shall not be assigned to an independent review organization during a surrender of the independent review organization's certificate of registration.
- (e) Surrender of an independent review organization's certificate of registration does not negate the requirement in §12.208(h) of this chapter (relating to Confidentiality) that an independent review organization retain information generated and obtained by the independent review organization in the course of a review for at least four years or the obligation to complete all independent reviews assigned to the independent review organization prior to the surrender of the certificate of registration.
(f) Notwithstanding §12.4(b) of this chapter (relating to Applicability), this section only applies to an independent review organization that:
- (1) is licensed on or after December 26, 2010; or
- (2) has its certificate of registration renewed in this state on or after December 26, 2010.
Source Note:The provisions of this §12.303 adopted to be effective December 26, 2010, 35 TexReg 11281.