§ 35-46-7-3 — Regulated transactions; requirement that transaction be executed in writing; penalty

Indiana § 35-46-7-3

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 7: Offenses Against Persons Receiving Care

Text

(a) The following transactions are subject to
the requirements of subsection (b):
(1) A gift, a donation, a loan, or an investment from a person who
receives services from a health care provider to:
(A) the health care provider; or
(B) an owner, employee, or agent of the health care provider.
(2) A loan or an investment from a person who receives services
from a health care provider to the health care provider in the
corporate name of the health care provider.
(b) A transaction under subsection (a) must be executed by a
competent person (including a person other than the health care
provider exercising a durable power of attorney on behalf of the donor)
in writing and witnessed by two (2) disinterested parties. Each witness
shall sign a document that describes the transaction in the presence of:
(1) the person who makes the transaction; and
(2) the other witness.
(c) A health care provider, or an owner, an employee, or an agent of
a health care provider, who:
(1) receives a gift, a donation, a loan, or an investment from a
person who receives services from a health care provider; and
(2) fails to comply with the requirements of subsection (b);
commits a Class A infraction. Without regard to the amount of the
transaction, the court that imposes the penalty for the infraction
violation may, upon the request of the prosecuting attorney, order the
person to return assets or repay money received in violation of this
section, plus interest from the date of the transaction, to the person who
made the gift, donation, loan, or investment. In addition, if the court
finds that the person knowingly violated the requirements of subsection
(b), the court may order the person to pay treble damages and
reasonable attorney's fees.

Legislative History

As added by P.L.139-2002, SEC.1.