§ 56-1-106 — Requests for information regarding complaints - Time limits - Exceptions - Penalties

(a) (1) Notwithstanding any other provision of law or rule to the contrary, if the department makes a request for information from an entity or individual licensed under this title, or required to be licensed under this title, concerning a complaint filed against the entity or individual, and the request requires a response, the entity or individual must respond to the request within a reasonable time. (2) (A) As used in this section, "reasonable time" means a period of time not to exceed thirty (30) days from the date the request is received by the entity or individual. (B) For the purposes of this section, the response by the entity or individual shall constitute a response if it acknowledges the inquiry from the department and sets forth a time frame to address the substantive issues in the inquiry. (b) This section does not apply to or preempt any other law that requires or allows the commissioner to require an individual or entity to respond to a request from the department within a period of time less than thirty (30) days. (c) The commissioner may levy a civil penalty in the amount of one hundred dollars ($100) per day upon any entity or individual that fails to respond within a reasonable time. (d) This section does not rescind or preempt any due process rights of entities regulated pursuant to this title. (e) This section does not apply to entities subject to regulation by the department that participate in the TennCare program under Title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), or any successor to the TennCare program.

Legislative History

Acts 2004, ch. 496, § 1.