§ 16-21-15-10 — Appeals

Indiana § 16-21-15-10

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 21: HOSPITALS
• Ch. 15: Certificate of Public Advantage of Hospital Mergers

Text

(a) A person aggrieved by a decision of the
state department to:
(1) grant or deny issuing a certificate under this chapter; or
(2) revoke a certificate issued under this chapter;
may appeal the order by filing a petition for judicial review in a district
court of the county in which the hospital is located.
(b) The filing of a petition for judicial review under subsection (a)
stays the decision by the state department that is the subject of the
review.
(c) The state department shall submit the documentation and all of
the records the state department has concerning the subject of the
review to the court not later than forty-five (45) days after the filing of
the petition under subsection (a).
(d) The district court may require or permit later corrections or
additions to the record or extend the time frame prescribed by
subsection (c).
(e) The district court shall consider the petition under this section
without a jury.
(f) The district court may reverse a decision made by the state
department that is the subject of the petition if the court finds any of the
following:
(1) The decision is in violation of the Constitution of the State of
Indiana or the Constitution of the United States.
(2) The state department exceeded the state department's authority
under this chapter.
(3) The state department violated procedures specified under this
chapter.
(4) The decision by the state department was arbitrary or
capricious, or characterized an abuse or unwarranted exercise of
discretion.
(5) The state department's decision was unsupported by
substantial and material evidence based on the entire record.
(g) The district court shall issue a decision on the petition in writing
setting forth the court's findings of fact and conclusions of law.

Legislative History

As added by P.L.104-2021, SEC.2.