.08 Commission Oversight of State-Recognized Electronic Advance Directives Services.

A. Commission staff may, on its own initiative or in response to information provided to the Commission, investigate any State-Recognized electronic advance directives service.

B. Failure by a State-Recognized electronic advance directives service to provide full information requested by Commission staff in a timely and complete manner is grounds for suspension or revocation of State Recognition status.

C. Following Commission staff’s investigation, the Executive Director may issue a notice of proposed action, which may include the following:

(1) A time-limited opportunity to correct deficiencies identified by the investigation;

(2) Suspension of the State Recognition of an electronic advance directives service for a definite period of time after which, depending upon the circumstances of the case and completion of appropriate corrective actions, the vendor may seek reinstatement of its State Recognition; or

(3) Revocation of State Recognition.

D. An electronic advance directives service that receives a notice of proposed action from the Executive Director may request an opportunity to show cause why the proposed action should not be implemented. A written request to show cause shall be filed with the Commission within 20 days of the issuance of the notice of proposed action and shall:

(1) State with particularity the grounds and factual basis for the electronic advance directives service’s disagreement with the proposed action;

(2) Include each fact upon which the electronic advance directives service relies to show cause why the proposed action should not be taken; and

(3) Be supported by relevant documentation and affidavits.

E. The Commission shall determine whether to impose the proposed action or a different action under the exceptions procedure provided in Regulation .04C(2) of this chapter.

F. In the event the Commission suspends or revokes State Recognition status, the electronic advance directives service must notify each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive about the impact of the action on accessibility of the advance directive.