SECTION 42.308. Procedure for Responding to a Request for Dispute Review

(a) The respondent may file a response with the administrator of the Medical Cost Evaluation Division no later than 30 days after receiving the request. A copy of the response shall be sent simultaneously to the requestor.

(b) The response shall include, but shall not be limited to, the items set out in subsection (c) of §42.307 of this title (relating to Procedure for Requesting Dispute Review).

(c) The board may request additional information, and may compel production of documents, if necessary.

(d) If the respondent is a health care provider who is responsible for the review fee, as provided in §42.309 of this title (relating to Payment for the Review), he or she shall tender the fee to the board when filing the response. If such provider fails or refuses to tender the fee, the board will notify the carrier to tender the fee or withdraw the request.

Source Note: The provisions of this §42.308 adopted to be effective February 17, 1989, 14 TexReg 694.