CHAPTER 4. ALLEGATIONS OF BREACHES

IC 16-28-4
    Chapter 4. Allegations of Breaches

IC 16-28-4-1
Filing of allegations; form
    Sec. 1. A person who believes that this article or rules adoptedunder this article have been breached may file an allegation of breachwith the state department. The allegation must be in writing unlessthe breach complained of is an offense or a deficiency. An oralallegation of breach shall be reduced to writing by the statedepartment.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-2
Investigations
    Sec. 2. The division shall promptly investigate the following:
        (1) A written allegation of breach received under this chapter.
        (2) An oral allegation of breach that the director, in thedirector's discretion, believes to have merit.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-3
Referral to licensing boards
    Sec. 3. The council shall refer an allegation of breach receivedabout licensed personnel at a health facility to the appropriatelicensing board for review and possible disciplinary action.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-4
Reporting to state department
    Sec. 4. A governmental unit that:
        (1) receives an allegation of breach alleging breach of thisarticle or rules adopted under this article; or
        (2) has knowledge of facts constituting breach of this article orrules adopted under this article;
shall report that allegation of breach or knowledge in writing to thestate department while protecting the confidentiality of the allegingparty and the patient.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-5
Confidentiality
    Sec. 5. (a) An allegation of breach filed with the state departmentunder this article that is subsequently released to the health facilitycomplained of or any member of the public shall not disclose thename or identifying characteristics of the alleging party or the patientwho is the subject of the allegation of breach unless:
        (1) the alleging party or patient consents in writing to thedisclosure; or
        (2) the investigation results in a judicial proceeding and

disclosure is ordered by the court.
    (b) If disclosure is essential to the investigation, the alleging partyshall be given the opportunity to withdraw the allegation of breachbefore disclosure.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-6
Relicensure considerations
    Sec. 6. The report of a substantiated allegation of breachinvestigation, together with the response of the health facility andany enforcement action taken, shall be made a part of the healthfacility's record and shall be considered, together with the surveyreport, by the director at the time of relicensure of the facility.
As added by P.L.2-1993, SEC.11.

IC 16-28-4-7
Reporting of investigation results and actions taken
    Sec. 7. Upon request of the alleging party the director shall reportto the alleging party or the alleging party's designated relative, friend,or legal representative concerning the results of the investigation andthe action taken.
As added by P.L.2-1993, SEC.11.