Section 1285.275  Failing to Furnish Information

a)         In cases alleging a violation of Section 22(A)(38) of the Act, evidence will be present that:

1)         A written request for information was received by the physician (as evidenced by receipt of a subpoena or certified or registered letter);

2)         The written request was signed by the Chief Medical Coordinator or Deputy Medical Coordinator;

3)         The request for information was accompanied by a notice that sanctions are provided by Section 23(A)(38) of the Act for a failure to provide the information and that the recipient may request a hearing to determine the legality of the request;

4)         The recipient was allowed at least 10 days to provide the information or request a hearing; and

5)         The recipient failed to provide the information that was within his or her possession or control.

b)         In the event that the recipient requests a hearing to determine the legality of the request for information, a hearing will be held by the Disciplinary Board or a hearing officer pursuant to 68 Ill. Adm. Code 1110, limited to the issue of whether the recipient has a valid basis for refusing to comply with the request.

(Source:  Amended at 29 Ill. Reg. 18823, effective November 4, 2005)