CHAPTER 7. MONITORS

IC 16-28-7
    Chapter 7. Monitors

IC 16-28-7-1
Placement of monitors
    Sec. 1. The director may issue an order under IC 4-21.5 to placea monitor in a health facility if:
        (1) the health facility is operating without a license;
        (2) the existing license of a health facility has been revoked ornot renewed;
        (3) the:
            (A) director has initiated revocation procedures or hasplaced the health facility on a probationary license; and
            (B) director has determined that the health, safety, security,rights, or welfare of the patients cannot be adequatelyassured during the pendency of such procedures or duringthe term of a probationary license; or
        (4) the health facility is closing or plans to close and adequatearrangements for relocation of the patients have not been madeat least thirty (30) days before the date of closure.
As added by P.L.2-1993, SEC.11.

IC 16-28-7-2
Appealability of orders
    Sec. 2. An order issued under section 1 of this chapter may beappealed under IC 4-21.5.
As added by P.L.2-1993, SEC.11.

IC 16-28-7-3
Licensing and duties of monitors who are not state employees
    Sec. 3. A monitor who is not a state employee and who is placedin a health facility under this chapter:
        (1) must be licensed under IC 25-19-1;
        (2) shall serve as a consultant to the administrator concerningthe operation of the health facility; and
        (3) shall submit a written report to the director on the operationof the health facility and the status and condition of the patients.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993,SEC.11.

IC 16-28-7-4
Placement costs for monitors who are not state employees
    Sec. 4. (a) A health facility shall pay the costs of placing amonitor who is not a state employee in the health facility under thischapter unless it is determined by a final order under IC 4-21.5 thatthe placement of the monitor was not needed. The state shallreimburse the costs if it is determined the monitor is unneeded.
    (b) If the state department has reason to believe that the healthfacility is not financially able to pay the cost of a monitor in thehealth facility and the health facility and office of Medicaid policy

and planning verify the health facility's insolvency, the statedepartment may authorize money from fines paid under this articleto be used to pay the costs of placing a monitor who is not a stateemployee in the health facility.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993,SEC.12; P.L.218-1999, SEC.1.

IC 16-28-7-4.3
Placement costs, licensing, and duties of monitors who are stateemployees
    Sec. 4.3. The costs of placing a monitor in a health facility underthis chapter shall be paid by the state if the monitor is a stateemployee. A state employee who is placed in a health facility as amonitor:
        (1) is not required to be licensed under IC 25-19-1;
        (2) does not serve as a consultant to the administrator of thehealth facility; and
        (3) must report to the director on the operation of the healthfacility and the status and condition of the patients.
As added by P.L.179-1993, SEC.13.

IC 16-28-7-5
Confidentiality
    Sec. 5. Except as required by sections 3 and 4.3 of this chapter,the monitor shall observe the strict confidentiality of the operatingpolicies, procedures, employment practices, financial information,and all similar business information of the health facility. Anindividual who violates this section:
        (1) commits a Class A misdemeanor; and
        (2) is prohibited from serving as a monitor under this chapterfor five (5) years.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993,SEC.14.