§ 16-28-5-4 — Remedies for breaches

(a) The commissioner shall impose the
following remedies for breaches of this article or a rule adopted under
this article:
(1) For an offense, the remedies specified in subsection (b)(1)
through (b)(2). The commissioner may also impose the remedy
specified in subsection (b)(3).
(2) For a deficiency, the remedies specified in subsection (b)(1).
The commissioner may also impose the remedies specified in
subsection (b)(4).
(3) For a breach that is a repeat of the same deficiency within a
fifteen (15) month period, the remedies specified in subsection
(b)(1) through (b)(2). The commissioner may also impose the
remedy specified in subsection (b)(3).
(4) For a noncompliance, the remedies specified in subsection
(b)(5) through (b)(6).
(5) For a breach that is a repeat of the same noncompliance within
a fifteen (15) month period, the remedies specified in subsection
(b)(1). The commissioner may also impose the remedies specified
in subsection (b)(4).
(6) For a nonconformance, the remedies specified in subsection
(b)(5).
(7) For a breach that is a repeat of the same nonconformance
within a fifteen (15) month period, the remedies specified in
subsection (b)(5) through (b)(6).
(b) The remedies for breaches of this article or rules adopted under
this article are as follows:
(1) Issuance of an order for immediate correction of the breach.
(2) Imposition of a fine not to exceed ten thousand dollars
($10,000) or suspension of new admissions to the health facility
for a period not to exceed forty-five (45) days, or both.
(3) Revocation by the director of the health facility's license or
issuance of a probationary license.
(4) Imposition of a fine not to exceed five thousand dollars
($5,000) or suspension of new admissions to the health facility for
a period not to exceed thirty (30) days, or both.
(5) A requirement that the health facility comply with any plan of
correction approved or directed under section 7 of this chapter.
(6) If the health facility is found to have a pattern of breach, the
commissioner may suspend new admissions to the health facility
for a period not to exceed fifteen (15) days or impose a fine not to
exceed one thousand dollars ($1,000), or both.
(c) If a breach is immediately corrected and the commissioner has
imposed remedies under subsection (b)(2), the commissioner may
waive not more than fifty percent (50%) of the fine imposed and reduce
the number of days for suspension of new admissions by one-half (1/2).
(d) The commissioner may, with the concurrence of a licensed
physician, impose the following:
(1) For an omission of care or an act that does not fall within a
classification of a rule under this section and that the facility
should reasonably have known would present a substantial
probability that death or a life threatening condition will result,
one (1) or any combination of the remedies specified in
subsection (b)(1) through (b)(3).
(2) For an omission of care or an act that:
(A) does not fall within a classification of a rule under this
section; and
(B) the facility should reasonably have known would result in
an immediate or a direct, serious adverse effect on the health,
safety, security, rights, or welfare of a patient;
the remedies specified in subsection (b)(1) or (b)(4), or both.
[Pre-1993 Recodification Citation: 16-10-4-15.1(d), (e), (f),
(g).]

Legislative History

As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.6.