Tenn. Comp. R. & Regs. 0800-02-20-.14 - PENALTIES

(1) Failure by an employer or insurer to pre-pay the evaluation fee shall allow the physician to charge the employer a $100.00 late fee in addition to the evaluation fee. If the evaluation fee and/or late fee remains unpaid fifteen (15) calendar days following the date of the evaluation, an additional $250.00 penalty is authorized. If any portion of a fee or penalty remains unpaid after an additional thirty (30) calendar day period, an additional $500.00 penalty is authorized, and again for each additional thirty (30) calendar day period, or portion thereof, that it remains unpaid until all fees and/or penalties are fully paid.

(2) If an employer or insurer fails to pay the cancellation fee of $300.00 within fifteen (15) calendar days of the Program Coordinator's written request for the fee, an additional $250.00 penalty is authorized. If any portion of a fee or penalty remains unpaid after an additional thirty (30) calendar day period, an additional $500.00 penalty against the employer is authorized, and again for each additional thirty (30) calendar day period, or portion thereof, that it remains unpaid until all fees and/or penalties are fully paid.

(3) MIR Registry physician fails to refund any unearned evaluation fee within fifteen calendar days of the Program Coordinator's written request for the refund, an additional $250 penalty is authorized. If any portion of the refund or penalty remains unpaid after an additional thirty (30) calendar day period an additional $500.00 penalty against the MIR Registry physician is authorized. If any portion of the unearned fee or penalty remains unpaid after an additional thirty (30) calendar day period, an additional $500.00 penalty is authorized, and again for each additional thirty (30) calendar day period, or portion thereof, that it remains unpaid until all fees and/or penalties are fully paid.

(4) If any party engages in unauthorized communications with the MIR physician, then the Administrator is authorized to assess a penalty of $50.00 up to $5,000.00 per violation, as determined by the Administrator.

(5) Notwithstanding any other provision in these Rules to the contrary, and in addition to any other penalty provided for in these Rules and the Act, failure by any party to comply with these Rules in a manner for which no penalty has specifically been set forth herein may subject that party to civil penalties of $50.00 up to $5,000.00 per violation, as determined by the Administrator.

(6) Any party assessed a monetary penalty by the Bureau may request a contested case hearing in accordance with the Penalty Program Rules of the Bureau, 0800-02-13, by submitting a request for such hearing within fifteen (15) days of issuance of the notice of violation and assessment of civil penalties hereunder.

Notes

Tenn. Comp. R. & Regs. 0800-02-20-.14

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. Repeal and new rule 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, 50-6-118, 50-6-204, 50-6-205, 50-6-233.