Florida Regulations 69L-24.024

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§ 69L-24.024 Medical Penalties.

(1) Penalty for Willful Refusal to Provide Medical Records or to Discuss Medical Condition. The Division, pursuant to Chapter 69L-7, F.A.C., shall assess a penalty against a health care provider who willfully refuses to provide medical records or to discuss the medical condition of the injured employee, after a reasonable request is made by the Division, employer, carrier or

attorney for either of them for such medical records or to discuss the medical condition of the injured employee.

(2)(a) Failure to Timely Compensate a Certified Expert Medical Advisor. The Division shall assess a penalty which shall not exceed $500 against any carrier, self-insurer or servicing agent that fails to timely compensate a certified expert medical advisor for services rendered, pursuant to Section 440.13(9), Florida Statutes. In accordance with Section 440.13(9)(f), Florida Statutes, the Division establishes the following penalty schedule, with $500 being the maximum penalty for each failure to timely compensate such advisor.

(b) Payment by the carrier, self-insurer or servicing agent to a certified expert medical advisor is deemed timely when such payment is made within 45 calendar days after the date the carrier, self-insurer or servicing agent receives the expert medical advisor's bill for services rendered.

1. One through five calendar days of untimeliness in payment will result in a penalty of $200;

2. Six through ten calendar days of untimeliness in payment will result in a penalty of $400;

3. Over 10 calendar days of untimeliness in payment will result in a penalty of $500.

(3) Failure of Health Care Provider To Refund Overpayment Within 30 Days After Notification. The Division, pursuant to Chapter 69L-7, F.A.C., shall assess a penalty against any health care provider who fails to refund an overpayment made by the carrier, self-insurer or servicing agent within 30 days after receipt of written notification with substantiation of the overpayment by either the carrier, self-insurer, servicing agent or the Division of Workers� Compensation.

Specific Authority 440.13(11)(a), 440.20(8)(c), 440.591 FS. Law Implemented 440.13(9)(f), (11) FS. History-New 8-29-94, 5-14-95, Formerly 38F-24.024, 4L-24.024.