IC 35-46-7
    Chapter 7. Offenses Against Persons Receiving Care

IC 35-46-7-1
"Health care provider"
    Sec. 1. As used in this chapter, "health care provider" means:
        (1) a hospital licensed under IC 16-21;
        (2) a health facility licensed under IC 16-28;
        (3) a housing services establishment that is required to file adisclosure statement under IC 12-15;
        (4) a continuing care retirement community that is required tofile a disclosure statement under IC 23-2-4;
        (5) a home health agency licensed under IC 16-27;
        (6) a hospice licensed under IC 16-25;
        (7) an entity that provides licensed or certified health careprofessionals to:
            (A) a health care provider; or
            (B) a person who is in need of, or receives, professionalhealth care services;
        (8) a community mental health center (as defined inIC 12-7-2-38);
        (9) a private psychiatric hospital licensed under IC 12-25;
        (10) a state institution (as defined in IC 12-7-2-184); or
        (11) a community residential facility for the developmentallydisabled that is licensed under IC 12-28-5.
As added by P.L.139-2002, SEC.1.

IC 35-46-7-2
Excluded transactions
    Sec. 2. This chapter does not apply to the following:
        (1) A gift or donation of money or other asset given to:
            (A) a health care provider in the corporate name of thehealth care provider; or
            (B) a health care provider that is organized under Section501(c)(3) of the Internal Revenue Code.
        (2) A gift or loan of money or other asset given by a person whoreceives services from a health care provider to a member of theperson's family who:
            (A) is employed by a health care provider; or
            (B) owns, wholly or jointly, a health care provider.
        (3) A bequest of personal property or devise of real propertymade in an executable will as described in IC 29-1-5-5 to ahealth care provider or an owner, employee, or agent of a healthcare provider.
        (4) The purchase of a security (as defined in IC 23-19-1-2(28))that is traded on a national or regional exchange.
        (5) A gift or gratuity, not exceeding five hundred dollars ($500)in the aggregate per year per person receiving services from thehealth care provider, to an employee of a health care provider.
        (6) A gift or donation of money or other asset given to purchase

or otherwise acquire a product, service, or amenity for the use,entertainment, or enjoyment of persons receiving services froma health care provider.
As added by P.L.139-2002, SEC.1. Amended by P.L.27-2007,SEC.32.

IC 35-46-7-3
Regulated transactions; requirement that transaction be executedin writing; penalty
    Sec. 3. (a) The following transactions are subject to therequirements of subsection (b):
        (1) A gift, a donation, a loan, or an investment from a personwho receives services from a health care provider to:
            (A) the health care provider; or
            (B) an owner, employee, or agent of the health care provider.
        (2) A loan or an investment from a person who receives servicesfrom a health care provider to the health care provider in thecorporate name of the health care provider.
    (b) A transaction under subsection (a) must be executed by acompetent person (including a person other than the health careprovider exercising a durable power of attorney on behalf of thedonor) in writing and witnessed by two (2) disinterested parties.Each witness shall sign a document that describes the transaction inthe presence of:
        (1) the person who makes the transaction; and
        (2) the other witness.
    (c) A health care provider, or an owner, an employee, or an agentof a health care provider, who:
        (1) receives a gift, a donation, a loan, or an investment from aperson who receives services from a health care provider; and
        (2) fails to comply with the requirements of subsection (b);
commits a Class A infraction. Without regard to the amount of thetransaction, the court that imposes the penalty for the infractionviolation may, upon the request of the prosecuting attorney, order theperson to return assets or repay money received in violation of thissection, plus interest from the date of the transaction, to the personwho made the gift, donation, loan, or investment. In addition, if thecourt finds that the person knowingly violated the requirements ofsubsection (b), the court may order the person to pay treble damagesand reasonable attorney's fees.
As added by P.L.139-2002, SEC.1.