§ 16-27-1-12 — Prohibited acts; penalties

Indiana § 16-27-1-12

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 27: HOME HEALTH AGENCIES
• Ch. 1: Licensure of Home Health Agencies

Text

(a) The state health commissioner may take
one (1) or more of the following actions on any ground listed in
subsection (b):
(1) Issue a letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Revoke a license.
(6) Impose a civil penalty in an amount not to exceed ten
thousand dollars ($10,000).
(b) The state health commissioner may take action under subsection
(a) on any of the following grounds:
(1) Violation of any of the provisions of this chapter or rules
adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of an illegal act
in a home health agency.
(3) Conduct or practice found by the state department to be
detrimental to the welfare of the patients of the home health care
agency.
(c) A person who intentionally:
(1) prevents, interferes with, or attempts to impede the work of an
employee of the state department in the investigation and
enforcement of any provision of this article or rule adopted under
this article;
(2) prevents or attempts to prevent an employee of the state
department from examining any relevant records in the conduct
of official duties under this article or rule adopted under this
article;
(3) prevents or interferes with an employee of the state
department in preserving evidence of the breach of any provision
of this article or rules adopted by the state department;
(4) retaliates or discriminates against a patient, health care
representative, power of attorney, employee, agency staff
member, or any other person for:
(A) contacting or providing information to any state official; or
(B) initiating, participating in, or testifying in an action under
this article or rules adopted by the state department; or
(5) fails to correct or interferes with the correction process within
the correction period specified on the citation or approved plan of
correction, unless an extension is granted by the director and the
corrections are made before expiration of the extension;
commits a Class C misdemeanor.
(d) In addition to the criminal provisions for violations described in
this section, the commissioner may commence an action under IC 4-21.5 for issuance of an order of compliance and assess a civil penalty
not to exceed twenty-five thousand dollars ($25,000).
[Pre-1993 Recodification Citation: 16-10-2.2-14.]

Legislative History

As added by P.L.2-1993, SEC.10. Amended by P.L.45-2020, SEC.5.