§ 16-28-5-5 — Determination of remedies

(a) In determining appropriate remedies or
waivers under section 4 of this chapter, the commissioner shall
consider the following:
(1) Whether the breach occurred for reasons outside of the health
facility's control.
(2) Whether the health facility has demonstrated that the health
facility has taken the appropriate steps to reasonably ensure that
the breach will not recur.
(3) The history of breaches by the health facility.
(4) The effect of the breach on the patient.
(b) If the health facility furnishes sufficient relevant financial
information, the commissioner may consider the following in
determining appropriate remedies or waivers under section 5 of this
chapter:
(1) Whether any financial savings or benefit accrued to the health
facility as a result of the breach.
(2) The cost incurred by the health facility in correcting the
breach.
[Pre-1993 Recodification Citation: 16-10-4-16.]

Legislative History

As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.7.