                                 CODE OF VIRGINIA

ENFORCEMENT (§ 38.2-3445.05)

A. If the Commission has cause to believe that any health care provider has
engaged in a pattern of potential violations of &#xA7; 38.2-3445.01 with no
corrective action, the Commission may submit information to the Board of
Medicine or the Commissioner of Health for action. Prior to such submission, the
Commission may provide the provider with an opportunity to cure the alleged
violations or provide an explanation as to why the actions in question were not
violations of &#xA7; 38.2-3445.01.

B. If any health care provider has engaged in a pattern of potential violations
of &#xA7; 38.2-3445.01 with no corrective action, the Board of Medicine or the
Commissioner of Health may levy a fine or cost recovery upon the health care
provider and take other action as permitted under the authority of the Board of
Medicine or Commissioner of Health. Upon completion of its review of any
potential violation submitted by the Commission or initiated directly by an
enrollee, the Board of Medicine or Commissioner of Health shall notify the
Commission of the results of the review, including whether the violation was
substantiated and any enforcement action taken as a result of a finding of a
substantiated violation.

C. If a carrier has engaged in a pattern of substantiated violations of any
provision of &#xA7; 38.2-3445.01, the Commission may levy a fine or apply
remedies authorized pursuant to Chapter 2 (&#xA7; 38.2-200 et seq.).

D. No carrier or provider shall initiate arbitration pursuant to &#xA7;
38.2-3445.02 with such frequency as to indicate a general business practice.

HISTORY: 2020, cc. 1080, 1081.