IC 27-13-28
    Chapter 28. Penalties and Enforcement

IC 27-13-28-1
Augmentation of penalty; damages suffered by enrollees or othermembers of the public
    Sec. 1. The commissioner may augment a penalty imposed underIC 27-13-24-1(b) by an amount equal to the sum that thecommissioner calculates to be the damages suffered by enrollees orother members of the public. The commissioner may direct that anypenalty imposed under this section be paid to the enrollees or othermembers of the public damaged by the health maintenanceorganization.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-2
Conference to determine violations
    Sec. 2. If the commissioner has cause to believe that a violationof this article by a health maintenance organization has occurred oris threatened, the commissioner may give notice to:
        (1) the health maintenance organization; and
        (2) the other persons who appear to be involved in the suspectedviolation;
to arrange a conference with the alleged violators or their authorizedrepresentatives for the purpose of attempting to determine the factsrelating to the suspected violation and, if a violation has occurred oris threatened, to determine an adequate and effective means ofcorrecting or preventing the violation.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-3
Procedural requirements
    Sec. 3. Proceedings under section 2 of this chapter are notgoverned by any formal procedural requirements and may beconducted in a manner the commissioner considers appropriate underthe circumstances. However, a conference under section 2 of thischapter may not result in a rule or an order until the requirements ofsection 2 of this chapter are satisfied, unless the health maintenanceorganization consents to the rule or order.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-4
Cease and desist orders
    Sec. 4. (a) The commissioner may issue an order directing:
        (1) a health maintenance organization; or
        (2) a representative of a health maintenance organization;
to cease and desist from engaging in any act or practice that violatesthis article.
    (b) Within ten (10) days after a cease and desist order is servedunder subsection (a), the health maintenance organization or its

representative may request a hearing on the question of whether actsor practices in violation of this article have occurred. The hearingmust be conducted under IC 4-21.5.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-5
Injunctive or other relief
    Sec. 5. In the case of a violation of this article, if thecommissioner elects not to issue a cease and desist order, or in theevent of noncompliance with a cease and desist order issued undersection 4 of this chapter, the commissioner may institute aproceeding to obtain injunctive relief or other appropriate relief inthe Marion County circuit court.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-6
Failure to comply with net worth requirements; continuedoperation
    Sec. 6. Notwithstanding any other provision of this article, if ahealth maintenance organization fails to comply with the net worthrequirement of this article, the commissioner may take appropriateaction to assure that the continued operation of the healthmaintenance organization will not be hazardous to the enrollees ofthe organization.
As added by P.L.26-1994, SEC.25.

IC 27-13-28-7
Investigations on behalf of enrollees or providers not precluded
    Sec. 7. This article does not preclude the department frominvestigating complaints, grievances, or appeals on behalf ofenrollees or providers.
As added by P.L.69-1998, SEC.11.