CHAPTER 2. DEFINITIONS

IC 34-18-2
    Chapter 2. Definitions

IC 34-18-2-1
Application of definitions
    Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-2
Terms of art
    Sec. 2. A legal term or word of art that is used in this article, if nototherwise defined, has the meaning that is consistent with thecommon law.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-3
Repealed
    (Repealed by P.L.205-2003, SEC.44.)

IC 34-18-2-4
"Ambulance service"
    Sec. 4. "Ambulance service" means a person who employs:
        (1) emergency medical technicians;
        (2) emergency medical technicians-basic advanced;
        (3) emergency medical technicians-intermediate; or
        (4) paramedics.
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003,SEC.40.

IC 34-18-2-5
"Annual aggregate"
    Sec. 5. "Annual aggregate" means the limitation on a health careprovider's liability as provided in IC 34-18-4.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-6
"Authority"
    Sec. 6. "Authority" refers to the residual malpractice insuranceauthority established under IC 34-18-17 (or IC 27-12-17 before itsrepeal).
As added by P.L.1-1998, SEC.13.

IC 34-18-2-7
"College", "university", and "junior college"
    Sec. 7. "College, university, or junior college" means aninstitution for postsecondary school education accredited by theNorth Central Association.
As added by P.L.1-1998, SEC.13.
IC 34-18-2-8
"Commissioner"
    Sec. 8. "Commissioner" refers to the insurance commissioner.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-9
"Community health center"
    Sec. 9. "Community health center" means a provider of primaryhealth care organized as a nonprofit corporation under IC 23-7-1.1(before its repeal on August 1, 1991) or IC 23-17 and governed by aboard of directors, at least fifty-one percent (51%) of whom arerepresentatives of consumers.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-10
"Community mental health center"
    Sec. 10. "Community mental health center" means a public orprivate mental health center established under IC 12-29.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-11
"Community mental retardation center"
    Sec. 11. "Community mental retardation center" means a publicor private community mental retardation and other developmentaldisabilities center established under IC 12-29.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-12
"Emergency medical technician"
    Sec. 12. "Emergency medical technician" has the meaning setforth in IC 16-18-2-112 but does not include such a person whileoperating an emergency vehicle.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-12.1
"Emergency medical technician-basic advanced"; exclusion
    Sec. 12.1. (a) "Emergency medical technician-basic advanced" hasthe meaning set forth in IC 16-18-2-112.5.
    (b) The term does not include a person while the person isoperating an emergency vehicle.
As added by P.L.205-2003, SEC.41.

IC 34-18-2-12.2
"Emergency medical technician-intermediate"; exclusion
    Sec. 12.2. (a) "Emergency medical technician-intermediate" hasthe meaning set forth in IC 16-18-2-112.7.
    (b) The term does not include a person while the person isoperating an emergency vehicle.
As added by P.L.205-2003, SEC.42.
IC 34-18-2-13
"Health care"
    Sec. 13. "Health care" means an act or treatment performed orfurnished, or that should have been performed or furnished, by ahealth care provider for, to, or on behalf of a patient during thepatient's medical care, treatment, or confinement.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-14
"Health care provider"
    Sec. 14. "Health care provider" means any of the following:
        (1) An individual, a partnership, a limited liability company, acorporation, a professional corporation, a facility, or aninstitution licensed or legally authorized by this state to providehealth care or professional services as a physician, psychiatrichospital, hospital, health facility, emergency ambulance service(IC 16-18-2-107), dentist, registered or licensed practical nurse,physician assistant, midwife, optometrist, podiatrist,chiropractor, physical therapist, respiratory care practitioner,occupational therapist, psychologist, paramedic, emergencymedical technician-intermediate, emergency medicaltechnician-basic advanced, or emergency medical technician, ora person who is an officer, employee, or agent of the individual,partnership, corporation, professional corporation, facility, orinstitution acting in the course and scope of the person'semployment.
        (2) A college, university, or junior college that provides healthcare to a student, faculty member, or employee, and thegoverning board or a person who is an officer, employee, oragent of the college, university, or junior college acting in thecourse and scope of the person's employment.
        (3) A blood bank, community mental health center, communitymental retardation center, community health center, or migranthealth center.
        (4) A home health agency (as defined in IC 16-27-1-2).
        (5) A health maintenance organization (as defined inIC 27-13-1-19).
        (6) A health care organization whose members, shareholders, orpartners are health care providers under subdivision (1).
        (7) A corporation, limited liability company, partnership, orprofessional corporation not otherwise qualified under thissection that:
            (A) as one (1) of its functions, provides health care;
            (B) is organized or registered under state law; and
            (C) is determined to be eligible for coverage as a health careprovider under this article for its health care function.
        Coverage for a health care provider qualified under thissubdivision is limited to its health care functions and does notextend to other causes of action.
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003,

SEC.43.

IC 34-18-2-15
"Health facility"
    Sec. 15. "Health facility" means a facility licensed underIC 16-28.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-16
"Hospital"
    Sec. 16. "Hospital" means a public or private institution licensedunder IC 16-21-2.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-17
"Insurer"
    Sec. 17. "Insurer" means the authority or an insurance companyengaged on an admitted or nonadmitted basis in making in this stateClass 2(h) malpractice liability insurance under IC 27-1-5-1.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-18
"Malpractice"
    Sec. 18. "Malpractice" means a tort or breach of contract based onhealth care or professional services that were provided, or that shouldhave been provided, by a health care provider, to a patient.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-19
"Midwife"
    Sec. 19. "Midwife" means a registered nurse who holds a limitedlicense to practice midwifery under IC 25-23-1-13.1.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-20
"Migrant health center"
    Sec. 20. "Migrant health center" means a provider of primaryhealth care organized as a nonprofit corporation under IC 23-7-1.1(before its repeal on August 1, 1991) or IC 23-17 governed by aboard of directors, at least fifty-one percent (51%) of whom arerepresentatives of consumers and funded under Section 329 of theUnited States Public Health Service Act (42 U.S.C. 254b).
As added by P.L.1-1998, SEC.13.

IC 34-18-2-21
"Paramedic"
    Sec. 21. (a) "Paramedic", except as provided in subsection (b), hasthe meaning set forth in IC 16-18-2-266.
    (b) The term does not include such a person while operating anemergency vehicle.As added by P.L.1-1998, SEC.13.

IC 34-18-2-22
"Patient"
    Sec. 22. "Patient" means an individual who receives or shouldhave received health care from a health care provider, under acontract, express or implied, and includes a person having a claim ofany kind, whether derivative or otherwise, as a result of allegedmalpractice on the part of a health care provider. Derivative claimsinclude the claim of a parent or parents, guardian, trustee, child,relative, attorney, or any other representative of the patient includingclaims for loss of services, loss of consortium, expenses, and othersimilar claims.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-23
"Physician"
    Sec. 23. "Physician" means an individual with an unlimitedlicense to practice medicine under IC 25-22.5.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-24
"Psychiatric hospital"
    Sec. 24. "Psychiatric hospital" means a private institution licensedunder IC 12-25 and public institutions under the administrativecontrol of the director of a division as designated by IC 12-24-1-1 orIC 12-24-1-3.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-24.5
"Qualified provider"
    Sec. 24.5. "Qualified provider" means a health care provider thatis qualified under this article (or by IC 27-12 before its repeal) bycomplying with the procedures set forth in IC 34-18-3 (or IC 27-12-3before its repeal).
As added by P.L.111-1998, SEC.4.

IC 34-18-2-25
"Representative"
    Sec. 25. "Representative" means the spouse, parent, guardian,trustee, attorney, or other legal agent of the patient.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-26
"Risk"
    Sec. 26. "Risk" means a health care provider that must apply formalpractice liability insurance coverage under IC 34-18-17.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-27 "Risk manager"
    Sec. 27. "Risk manager" means an insurance company that is:
        (1) admitted to make insurance and actively engaged in makingin this state Class 2 insurance under IC 27-1-5-1; and
        (2) appointed by the commissioner to manage the authority.
As added by P.L.1-1998, SEC.13.

IC 34-18-2-28
"Tort"
    Sec. 28. "Tort" means a legal wrong, breach of duty, or negligentor unlawful act or omission proximately causing injury or damage toanother.
As added by P.L.1-1998, SEC.13.