INTERNET POSTING OF SANCTIONS IMPOSED FOR CONTRACTUAL VIOLATIONS

(a) The commission shall prepare and maintain a record of each enforcement action the commission initiates that results in a sanction, including a penalty, being imposed against a managed care organization for failure to comply with the terms of a contract to provide health care services to recipients through a Medicaid managed care plan the organization issues. (b) The record must include: (1) the managed care organization's name and address; (2) a description of the contractual obligation the organization failed to meet; (3) the date of determination of noncompliance; (4) the date the sanction was imposed; (5) the maximum sanction that may be imposed under the contract for the violation; and (6) the actual sanction imposed against the organization. (c) The commission shall: (1) post and maintain on the commission's Internet website the records required by this section: (A) in English and Spanish; and (B) in a format that is readily accessible to and understandable by the public; and (2) update the list of records on the website at least quarterly. (d) The commission may not post information under this section that relates to a sanction while the sanction is the subject of an administrative appeal or judicial review. (e) A record prepared under this section may not include information that is excepted from disclosure under Chapter 552. (f) The executive commissioner shall adopt rules as necessary to implement this section.