§ 23-17.12-8.1 - Variance of statutory requirements. [Repealed effective July 1, 2011.].
SECTION 23-17.12-8.1
§ 23-17.12-8.1 Variance of statutoryrequirements. [Repealed effective July 1, 2011.]. – (a) The department is authorized to issue a statutory variance from one or moreof the specific requirements of this chapter to a review agent where itdetermines that such variance is necessary to permit the review agent toevaluate and address practitioner billing and practice patterns when the reviewagent believes in good faith that such patterns evidence the existence of fraudor abuse. Any variance issued by the department pursuant to this section shallbe limited in application to those services billed directly by thepractitioner. Prior to issuing a statutory variance the department shallprovide notice and a public hearing to ensure necessary patient and health careprovider protections in the process. Statutory variances shall be issued for aperiod not to exceed one year and may be subject to such terms and conditionsdeemed necessary by the department.
(b) On or before January 15th of each year, the departmentshall issue a report to the general assembly summarizing any review agentactivity as a result of a waiver granted under the provisions of this section.