§ 23-2-4-8 — Sanctions against registration of providers or execution of new continuing care agreements; findings of fact; cease and desist order; notice and hearing

(a) The commissioner may deny, revoke, or
refuse to renew registration of a provider or prohibit the execution of
new continuing care agreements if the commissioner finds that:
(1) the provider willfully violated any provision of this chapter or
any rule or order adopted under this chapter;
(2) the provider failed to file an annual disclosure statement
required by section 5 of this chapter;
(3) the provider failed to deliver to a prospective resident or
contracting party a copy of the disclosure statements as required
by section 7 of this chapter;
(4) the provider delivered to a prospective resident or contracting
party a disclosure statement that contained a misstatement of
material fact or omission of a material fact even though the
provider, at the time of the delivery of the disclosure statement,
had no actual knowledge of the misstatement or omission;
(5) the provider failed to comply with the terms of a cease and
desist order of the commissioner; or
(6) according to rules adopted by the commissioner under IC 4-22-2, the provider is insolvent and the financial condition of the
provider may jeopardize the care of the residents.
(b) Findings of fact in support of an order under this section, if set
forth in statutory language, shall be accompanied by a concise and
explicit statement of the underlying facts supporting the findings.
(c) If the commissioner finds, after notice and hearing, that the
provider has committed a violation for which revocation could be
ordered, the commissioner may first issue a cease and desist order. If
the cease and desist order is not effective in remedying the violation,
the commissioner may, after notice and hearing, order that the
registration be revoked.
(d) The commissioner may summarily prohibit the execution of new
continuing care agreements pending final determination of any
proceeding under this section. Upon the entry of the order, the
commissioner shall promptly notify the provider that it has been
entered and of the reasons for the order and that upon receipt of a
written request the matter will be set down for hearing to commence
within fifteen (15) business days after receipt of the request unless the
provider consents to a later date. If no hearing is requested and none is
ordered by the commissioner, the order remains in effect until it is
modified or vacated by the commissioner. If a hearing is requested or
ordered, the commissioner, after notice of and opportunity for hearing
to the provider, may modify, vacate, or extend the order until final
determination.
(e) Except as provided in subsection (d), an order may not be
entered under this section unless there has been:
(1) appropriate prior notice to the provider;
(2) opportunity for hearing; and
(3) written findings of fact and conclusions of law.
(f) The commissioner may vacate or modify an order if the
commissioner finds that the conditions that prompted entry have
changed or that it is in the public interest to do so.
As added by Acts 1982, P.L.145, SEC.1. Amended by
P.L.131-1988, SEC.6; P.L.1-1992, SEC.114.