IC 16-25-5
    Chapter 5. Penalties, Enforcement Actions, and GrievanceProcedures

IC 16-25-5-1
Repealed
    (Repealed by P.L.1-2001, SEC.51.)

IC 16-25-5-2
Other surveys or inspections required
    Sec. 2. If a hospice program licensed or approved underIC 16-25-3 is also subject to state department licensure surveys orinspections under Medicare law, the state department shall use itsbest efforts to:
        (1) conduct all surveys or inspections simultaneously;
        (2) coordinate with the office of Medicaid policy and planningall hospice program surveys; and
        (3) forward a copy of each hospice program survey to the officeof Medicaid policy and planning.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-2.5
Rules; establishing guidelines
    Sec. 2.5. (a) The state department shall adopt rules underIC 4-22-2 to establish guidelines that require the state department toconduct a survey of a hospice program licensed or approved underIC 16-25-3 at least once every one (1) to three (3) years.
    (b) In establishing the guidelines required under subsection (a),the state department shall consider the following:
        (1) A change in ownership of a hospice program.
        (2) A change in management of a hospice program.
        (3) A finding that a hospice program violated a federalcondition of participation for hospice licensure.
As added by P.L.142-2001, SEC.1.

IC 16-25-5-3
Actions that may be taken; grounds
    Sec. 3. (a) The state department may take any of the followingactions against the owner or operator of a licensed or approvedhospice program on any of the grounds listed in subsection (b):
        (1) Issue a letter of correction.
        (2) Issue a probationary license.
        (3) Conduct a resurvey.
        (4) Deny renewal of a license.
        (5) Suspend a license.
        (6) Revoke a license.
        (7) Impose a civil penalty in an amount not to exceed tenthousand dollars ($10,000).
    (b) The state department may take any action listed undersubsection (a) against a hospice on any of the following grounds:        (1) A material violation by the hospice program of a provisionof this article.
        (2) Authorizing, aiding, or abetting the commission of aviolation of law by the hospice program.
        (3) Conduct or practice by the hospice program that the statedepartment finds detrimental to the welfare of the hospiceprogram's patients.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-4
Complaints; investigations
    Sec. 4. (a) The state department shall investigate any hospiceprogram about which the state department receives a complaint froma hospice program patient or a member of a hospice program patient'sfamily.
    (b) The state department shall establish and maintain a statewide,toll free telephone line continuously open to receive reports ofproblems regarding hospice programs.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-5
Reports to attorney general
    Sec. 5. (a) The state department shall investigate a report of anunlicensed hospice or unapproved hospice program and report thestate department's findings to the attorney general.
    (b) The attorney general, upon receiving a report of an unlicensedhospice or unapproved hospice program, may do any of thefollowing:
        (1) Seek an injunction in the circuit or superior court of thecounty in which the unlicensed hospice or unapproved hospiceprogram is located or in the circuit or superior court of MarionCounty.
        (2) Seek relief under IC 4-21.5, including a civil penalty not toexceed twenty-five thousand dollars ($25,000) for each day ofunlicensed or unapproved operation.
        (3) Seek criminal penalties as provided by section 8 of thischapter.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-6
Appeals
    Sec. 6. A person aggrieved by an action of the state departmentunder this article may appeal the action under IC 4-21.5-5.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-7
Appeals panel
    Sec. 7. (a) For an appeal under section 6 of this chapter, theexecutive board shall appoint an appeals panel consisting of three (3)members as follows:        (1) One (1) member of the executive board.
        (2) One (1) attorney admitted to the practice of law in Indiana.
        (3) One (1) individual with qualifications determined by theexecutive board.
    (b) An employee of the state department may not be a member ofthe appeals panel.
    (c) The appeals panel shall conduct proceedings for review of anorder issued by an administrative law judge under this chapter. Theappeals panel is the ultimate authority under IC 4-21.5.
    (d) The costs of the proceedings, including the fees of the appealspanel, shall be paid as follows:
        (1) By the hospice, if the appeals panel finds in favor of thestate department.
        (2) By the state department, if the appeals panel finds in favorof the hospice.
As added by P.L.256-1999, SEC.15.

IC 16-25-5-8
Offering hospice services without license a misdemeanor
    Sec. 8. A person who knowingly or intentionally:
        (1) represents to the public that the person offers hospiceservices; or
        (2) owns or operates a hospice program;
without a license issued or approval granted under this articlecommits a Class A misdemeanor.
As added by P.L.256-1999, SEC.15.