§ 16-52-4-2 — State department authority

(a) The state department may issue an order of
compliance, impose a civil penalty, or refuse to issue a registration to
a temporary health care services agency or a person that owns or
operates a temporary health care services agency for any of the
following reasons:
(1) Failing to obtain or maintain a registration as required by this
article.
(2) Violating a provision of this article.
(3) Failing to take immediate action to remedy a violation of this
article.
(4) Engaging in fraud or deceit in obtaining or attempting to
obtain a registration.
(5) Lending the temporary health care services agency's
registration to another person.
(6) Enabling another person to manage or operate the temporary
health care services agency that is not subject to the temporary
health care services agency's registration.
(7) Using the temporary health care services agency registration
of another person or in any way knowingly aiding or abetting the
improper granting of a registration.
(8) Violating an order previously issued by the state department
in a disciplinary matter.
(9) Continuing operating a temporary health care services agency
after June 30, 2023, without complying with this article.
(10) Engaging in fraud or deception of those seeking employment
or of a health care facility.
(11) Billing a health care facility with fees, charges, and
commissions for health care personnel in excess of the schedule
of fees, charges, and commissions submitted by the temporary
health care services agency to the state department.
(12) Violating any other rules adopted by the state department
under IC 4-22-2 that specify a requirement that must be met by a
temporary health care services agency in order to be registered
under this article.
(b) The state department may impose any of the following for a
violation of subsection (a):
(1) Deny the application for a registration or renewal of a
registration under this article.
(2) Revoke, suspend, restrict, or otherwise limit a registration
under this article.
(3) Impose a civil penalty of not more than five thousand dollars
($5,000) for each incident in which a temporary health care
services agency engages in conduct prohibited under subsection
(a).
(4) Stay enforcement of any revocation, suspension, restriction, or
other limitation under subdivision (2) or any other discipline and
place the temporary health care services agency on probation with
the state department having the right to vacate the probationary
order for noncompliance with provisions under this article.

Legislative History

As added by P.L.149-2023, SEC.18. Amended by P.L.9-2024, SEC.383.