§ 24-12-3-1 — CPAP provider prohibitions

Indiana § 24-12-3-1

• Jurisdiction: Indiana
• Art. 12: CIVIL PROCEEDING ADVANCE PAYMENTS
• Ch. 3: CPAP Provider Prohibitions

Text

A CPAP provider may not do any of the
following:
(1) Pay or offer to pay a commission, referral fee, or other form of
consideration to any attorney, law firm, medical provider,
chiropractor, or physical therapist, or any of their employees for
referring a consumer claimant to the provider.
(2) Accept a commission, referral fee, rebate, or other form of
consideration from an attorney, law firm, medical provider,
chiropractor, or physical therapist, or any of their employees.
(3) Intentionally advertise materially false or misleading
information regarding the CPAP provider's products or services.
(4) Refer, in furtherance of an initial CPAP transaction, a
consumer claimant or potential consumer claimant to a specific
attorney, law firm, medical provider, chiropractor, or physical
therapist, or any of their employees. However, if a consumer
claimant needs legal representation, the CPAP provider may refer
the person to a local or state bar association referral service.
(5) Knowingly provide funding to a consumer claimant who has
previously assigned or sold a part of the consumer claimant's right
to proceeds from the consumer claimant's civil proceeding
without first making payment to or purchasing a prior unsatisfied
CPAP provider's entire funded amount and contracted charges,
unless a lesser amount is otherwise agreed to in writing by the
prior CPAP provider. However, multiple CPAP providers may
agree to provide a CPAP transaction to a consumer claimant
simultaneously if the consumer claimant and the consumer
claimant's attorney consent to the arrangement in writing.
(6) Make any decision, have any influence, or direct the consumer
claimant or the consumer claimant's attorney with respect to the
conduct of the underlying civil proceeding or any settlement or
resolution of the civil proceeding, or make any decision with
respect to the conduct of the underlying civil proceeding or any
settlement or resolution of the civil proceeding. The right to make
these decisions remains solely with the consumer claimant and
the attorney in the civil proceeding.
(7) Knowingly pay or offer to pay for court costs, filing fees, or
attorney's fees either during or after the resolution of the civil
proceeding, using funds from the CPAP transaction.

Legislative History

As added by P.L.153-2016, SEC.7. Amended by P.L.85-2017, SEC.97; P.L.140-2024, SEC.1.