IC 16-25-5
Chapter 5. Penalties, Enforcement Actions, and Grievance
Procedures
IC 16-25-5-1
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 16-25-5-2 Other surveys or inspections required
Sec. 2. If a hospice program licensed or approved under
IC 16-25-3 is also subject to state department licensure surveys or
inspections under Medicare law, the state department shall use its
best efforts to:
(1) conduct all surveys or inspections simultaneously;
(2) coordinate with the office of Medicaid policy and planning
all hospice program surveys; and
(3) forward a copy of each hospice program survey to the office
of Medicaid policy and planning. As added by P.L.256-1999, SEC.15.
IC 16-25-5-2.5 Rules; establishing guidelines
Sec. 2.5. (a) The state department shall adopt rules under
IC 4-22-2 to establish guidelines that require the state department to
conduct a survey of a hospice program licensed or approved under
IC 16-25-3 at least once every one (1) to three (3) years.
(b) In establishing the guidelines required under subsection (a),
the state department shall consider the following:
(1) A change in ownership of a hospice program.
(2) A change in management of a hospice program.
(3) A finding that a hospice program violated a federal
condition of participation for hospice licensure. As added by P.L.142-2001, SEC.1.
IC 16-25-5-3 Actions that may be taken; grounds
Sec. 3. (a) The state department may take any of the following
actions against the owner or operator of a licensed or approved
hospice program on any of the grounds listed in subsection (b):
(1) Issue a letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Suspend a license.
(6) Revoke a license.
(7) Impose a civil penalty in an amount not to exceed ten
thousand dollars ($10,000).
(b) The state department may take any action listed under
subsection (a) against a hospice on any of the following grounds:
(1) A material violation by the hospice program of a provision
of this article.
(2) Authorizing, aiding, or abetting the commission of a
violation of law by the hospice program.
(3) Conduct or practice by the hospice program that the state
department finds detrimental to the welfare of the hospice
program's patients. As added by P.L.256-1999, SEC.15.
IC 16-25-5-4 Complaints; investigations
Sec. 4. (a) The state department shall investigate any hospice
program about which the state department receives a complaint from
a hospice program patient or a member of a hospice program patient's
family.
(b) The state department shall establish and maintain a statewide,
toll free telephone line continuously open to receive reports of
problems regarding hospice programs. As added by P.L.256-1999, SEC.15.
IC 16-25-5-5 Reports to attorney general
Sec. 5. (a) The state department shall investigate a report of an
unlicensed hospice or unapproved hospice program and report the
state department's findings to the attorney general.
(b) The attorney general, upon receiving a report of an unlicensed
hospice or unapproved hospice program, may do any of the
following:
(1) Seek an injunction in the circuit or superior court of the
county in which the unlicensed hospice or unapproved hospice
program is located or in the circuit or superior court of Marion
County.
(2) Seek relief under IC 4-21.5, including a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each day of
unlicensed or unapproved operation.
(3) Seek criminal penalties as provided by section 8 of this
chapter. As added by P.L.256-1999, SEC.15.
IC 16-25-5-6 Appeals
Sec. 6. A person aggrieved by an action of the state department
under this article may appeal the action under IC 4-21.5-5. As added by P.L.256-1999, SEC.15.
IC 16-25-5-7 Appeals panel
Sec. 7. (a) For an appeal under section 6 of this chapter, the
executive board shall appoint an appeals panel consisting of three (3)
members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indiana.
(3) One (1) individual with qualifications determined by the
executive board.
(b) An employee of the state department may not be a member of
the appeals panel.
(c) The appeals panel shall conduct proceedings for review of an
order issued by an administrative law judge under this chapter. The
appeals panel is the ultimate authority under IC 4-21.5.
(d) The costs of the proceedings, including the fees of the appeals
panel, shall be paid as follows:
(1) By the hospice, if the appeals panel finds in favor of the
state department.
(2) By the state department, if the appeals panel finds in favor
of the hospice. As added by P.L.256-1999, SEC.15.
IC 16-25-5-8 Offering hospice services without license a misdemeanor
Sec. 8. A person who knowingly or intentionally:
(1) represents to the public that the person offers hospice
services; or
(2) owns or operates a hospice program;
without a license issued or approval granted under this article
commits a Class A misdemeanor. As added by P.L.256-1999, SEC.15.
IC 16-25-5
Chapter 5. Penalties, Enforcement Actions, and Grievance
Procedures
IC 16-25-5-1
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 16-25-5-2 Other surveys or inspections required
Sec. 2. If a hospice program licensed or approved under
IC 16-25-3 is also subject to state department licensure surveys or
inspections under Medicare law, the state department shall use its
best efforts to:
(1) conduct all surveys or inspections simultaneously;
(2) coordinate with the office of Medicaid policy and planning
all hospice program surveys; and
(3) forward a copy of each hospice program survey to the office
of Medicaid policy and planning. As added by P.L.256-1999, SEC.15.
IC 16-25-5-2.5 Rules; establishing guidelines
Sec. 2.5. (a) The state department shall adopt rules under
IC 4-22-2 to establish guidelines that require the state department to
conduct a survey of a hospice program licensed or approved under
IC 16-25-3 at least once every one (1) to three (3) years.
(b) In establishing the guidelines required under subsection (a),
the state department shall consider the following:
(1) A change in ownership of a hospice program.
(2) A change in management of a hospice program.
(3) A finding that a hospice program violated a federal
condition of participation for hospice licensure. As added by P.L.142-2001, SEC.1.
IC 16-25-5-3 Actions that may be taken; grounds
Sec. 3. (a) The state department may take any of the following
actions against the owner or operator of a licensed or approved
hospice program on any of the grounds listed in subsection (b):
(1) Issue a letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Suspend a license.
(6) Revoke a license.
(7) Impose a civil penalty in an amount not to exceed ten
thousand dollars ($10,000).
(b) The state department may take any action listed under
subsection (a) against a hospice on any of the following grounds:
(1) A material violation by the hospice program of a provision
of this article.
(2) Authorizing, aiding, or abetting the commission of a
violation of law by the hospice program.
(3) Conduct or practice by the hospice program that the state
department finds detrimental to the welfare of the hospice
program's patients. As added by P.L.256-1999, SEC.15.
IC 16-25-5-4 Complaints; investigations
Sec. 4. (a) The state department shall investigate any hospice
program about which the state department receives a complaint from
a hospice program patient or a member of a hospice program patient's
family.
(b) The state department shall establish and maintain a statewide,
toll free telephone line continuously open to receive reports of
problems regarding hospice programs. As added by P.L.256-1999, SEC.15.
IC 16-25-5-5 Reports to attorney general
Sec. 5. (a) The state department shall investigate a report of an
unlicensed hospice or unapproved hospice program and report the
state department's findings to the attorney general.
(b) The attorney general, upon receiving a report of an unlicensed
hospice or unapproved hospice program, may do any of the
following:
(1) Seek an injunction in the circuit or superior court of the
county in which the unlicensed hospice or unapproved hospice
program is located or in the circuit or superior court of Marion
County.
(2) Seek relief under IC 4-21.5, including a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each day of
unlicensed or unapproved operation.
(3) Seek criminal penalties as provided by section 8 of this
chapter. As added by P.L.256-1999, SEC.15.
IC 16-25-5-6 Appeals
Sec. 6. A person aggrieved by an action of the state department
under this article may appeal the action under IC 4-21.5-5. As added by P.L.256-1999, SEC.15.
IC 16-25-5-7 Appeals panel
Sec. 7. (a) For an appeal under section 6 of this chapter, the
executive board shall appoint an appeals panel consisting of three (3)
members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indiana.
(3) One (1) individual with qualifications determined by the
executive board.
(b) An employee of the state department may not be a member of
the appeals panel.
(c) The appeals panel shall conduct proceedings for review of an
order issued by an administrative law judge under this chapter. The
appeals panel is the ultimate authority under IC 4-21.5.
(d) The costs of the proceedings, including the fees of the appeals
panel, shall be paid as follows:
(1) By the hospice, if the appeals panel finds in favor of the
state department.
(2) By the state department, if the appeals panel finds in favor
of the hospice. As added by P.L.256-1999, SEC.15.
IC 16-25-5-8 Offering hospice services without license a misdemeanor
Sec. 8. A person who knowingly or intentionally:
(1) represents to the public that the person offers hospice
services; or
(2) owns or operates a hospice program;
without a license issued or approval granted under this article
commits a Class A misdemeanor. As added by P.L.256-1999, SEC.15.
IC 16-25-5
Chapter 5. Penalties, Enforcement Actions, and Grievance
Procedures
IC 16-25-5-1
Repealed
(Repealed by P.L.1-2001, SEC.51.)
IC 16-25-5-2 Other surveys or inspections required
Sec. 2. If a hospice program licensed or approved under
IC 16-25-3 is also subject to state department licensure surveys or
inspections under Medicare law, the state department shall use its
best efforts to:
(1) conduct all surveys or inspections simultaneously;
(2) coordinate with the office of Medicaid policy and planning
all hospice program surveys; and
(3) forward a copy of each hospice program survey to the office
of Medicaid policy and planning. As added by P.L.256-1999, SEC.15.
IC 16-25-5-2.5 Rules; establishing guidelines
Sec. 2.5. (a) The state department shall adopt rules under
IC 4-22-2 to establish guidelines that require the state department to
conduct a survey of a hospice program licensed or approved under
IC 16-25-3 at least once every one (1) to three (3) years.
(b) In establishing the guidelines required under subsection (a),
the state department shall consider the following:
(1) A change in ownership of a hospice program.
(2) A change in management of a hospice program.
(3) A finding that a hospice program violated a federal
condition of participation for hospice licensure. As added by P.L.142-2001, SEC.1.
IC 16-25-5-3 Actions that may be taken; grounds
Sec. 3. (a) The state department may take any of the following
actions against the owner or operator of a licensed or approved
hospice program on any of the grounds listed in subsection (b):
(1) Issue a letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Suspend a license.
(6) Revoke a license.
(7) Impose a civil penalty in an amount not to exceed ten
thousand dollars ($10,000).
(b) The state department may take any action listed under
subsection (a) against a hospice on any of the following grounds:
(1) A material violation by the hospice program of a provision
of this article.
(2) Authorizing, aiding, or abetting the commission of a
violation of law by the hospice program.
(3) Conduct or practice by the hospice program that the state
department finds detrimental to the welfare of the hospice
program's patients. As added by P.L.256-1999, SEC.15.
IC 16-25-5-4 Complaints; investigations
Sec. 4. (a) The state department shall investigate any hospice
program about which the state department receives a complaint from
a hospice program patient or a member of a hospice program patient's
family.
(b) The state department shall establish and maintain a statewide,
toll free telephone line continuously open to receive reports of
problems regarding hospice programs. As added by P.L.256-1999, SEC.15.
IC 16-25-5-5 Reports to attorney general
Sec. 5. (a) The state department shall investigate a report of an
unlicensed hospice or unapproved hospice program and report the
state department's findings to the attorney general.
(b) The attorney general, upon receiving a report of an unlicensed
hospice or unapproved hospice program, may do any of the
following:
(1) Seek an injunction in the circuit or superior court of the
county in which the unlicensed hospice or unapproved hospice
program is located or in the circuit or superior court of Marion
County.
(2) Seek relief under IC 4-21.5, including a civil penalty not to
exceed twenty-five thousand dollars ($25,000) for each day of
unlicensed or unapproved operation.
(3) Seek criminal penalties as provided by section 8 of this
chapter. As added by P.L.256-1999, SEC.15.
IC 16-25-5-6 Appeals
Sec. 6. A person aggrieved by an action of the state department
under this article may appeal the action under IC 4-21.5-5. As added by P.L.256-1999, SEC.15.
IC 16-25-5-7 Appeals panel
Sec. 7. (a) For an appeal under section 6 of this chapter, the
executive board shall appoint an appeals panel consisting of three (3)
members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indiana.
(3) One (1) individual with qualifications determined by the
executive board.
(b) An employee of the state department may not be a member of
the appeals panel.
(c) The appeals panel shall conduct proceedings for review of an
order issued by an administrative law judge under this chapter. The
appeals panel is the ultimate authority under IC 4-21.5.
(d) The costs of the proceedings, including the fees of the appeals
panel, shall be paid as follows:
(1) By the hospice, if the appeals panel finds in favor of the
state department.
(2) By the state department, if the appeals panel finds in favor
of the hospice. As added by P.L.256-1999, SEC.15.
IC 16-25-5-8 Offering hospice services without license a misdemeanor
Sec. 8. A person who knowingly or intentionally:
(1) represents to the public that the person offers hospice
services; or
(2) owns or operates a hospice program;
without a license issued or approval granted under this article
commits a Class A misdemeanor. As added by P.L.256-1999, SEC.15.
