(a) The division shall conduct Compliance Audits of the workers’ compensation records of system participants and their agents for compliance with the Act and division rules.
(b) The division may conduct a compliance audit at the offices of a system participant or at any location the division deems appropriate. During a compliance audit, the division may, at its discretion, utilize persons in addition to division staff to provide additional expertise.
(c) The division shall provide reasonable notice in advance of a compliance audit. That notice shall:
(1) be in writing;
(2) be sent at least 10 days before the compliance audit is to be performed;
(3) specify the information that must be made available;
(4) list the name and telephone number of the audit coordinator; and
(5) specify the date, time, location, and conditions of the compliance audit.
(d) The system participant being audited (auditee) shall designate a general contact person and a contact person at each relevant location to coordinate the compliance audit. That contact person shall:
(1) provide reasonable access to requested personnel and information;
(2) respond to reasonable needs of auditors on-site or to inquiries by auditors; and
(3) be familiar with the system participant’s procedures and recordkeeping systems related to the scope of the compliance audit.
(e) System participants (which may include those who are not being audited but whose records are necessary to conduct an audit of another system participant), upon request, shall make available for review claim files and other workers’ compensation records in the format and manner specified by the division.
(f) Initial findings of the compliance audit will be provided in writing to the auditee.
(g) The auditee may prepare and file with the division a management response to the initial findings. The response may include proposed corrective actions. If such a response is provided, the division shall review the response and shall adjust its findings if deemed appropriate.
(h) Final compliance audit reports may be published on the division’s Internet website and shall be redacted to not include any confidential claim file information.
(i) The division, should it deem it appropriate or upon request of a licensing or certification authority, shall provide the appropriate licensing or certification authority with a copy of all final compliance audit reports (redacted in accordance with subsection (h) of this section) and the auditee’s response to the final compliance audit report, if any.
(j) To the extent permitted by the Act and division rules, the division shall submit a bill to the auditee for the actual expenses associated with the compliance audit, including audit staff time, additional expertise, travel and per diem expenses, and copying costs.
(k) The auditee shall submit payment by check, made payable to the order of the Texas Department of Insurance, for the expenses within 25 days after receipt of the bill.
The provisions of this §180.3 adopted to be effective July 29, 1991, 16 TexReg 3940; amended to be effective September 14, 2003, 28 TexReg 7711; amended to be effective January 9, 2011, 35 TexReg 11873; amended to be effective February 14, 2012, 37 TexReg 691.