33-20E-11.1. Commissioner’s authority to request data for arbitration; penalty.

The Commissioner may request from a provider or facility requesting arbitration such data as the Commissioner deems necessary to determine whether the insurer’s payment to such provider or facility was in compliance with Code Section 33-20E-4 or 33-20E-5. The Commissioner shall not be required to make such determination prior to referring the dispute to a resolution organization for arbitration. If such provider or facility fails to submit such data within 60 days of such request, the Commissioner may fine such provider or facility up to $2,000.00 for each and every violation of the Commissioner’s request for data or if such provider or facility knew or reasonably should have known that it was in violation of the Commissioner’s request for data, the monetary penalty provided for in this Code section may be increased to an amount up to $5,000.00 for each and every act in violation.