Download as PDF
IC 24-12-3
Chapter 3. CPAP Provider Prohibitions
IC 24-12-3-1
CPAP provider prohibitions
Sec. 1. A CPAP provider may not do any of the following:
(1) Pay or offer to pay a commission, referral fee, or other form
of consideration to any attorney, law firm, medical provider,
chiropractor, or physical therapist, or any of their employees for
referring a consumer claimant to the provider.
(2) Accept a commission, referral fee, rebate, or other form of
consideration from an attorney, law firm, medical provider,
chiropractor, or physical therapist, or any of their employees.
(3) Intentionally advertise materially false or misleading
information regarding the CPAP provider's products or services.
(4) Refer, in furtherance of an initial CPAP transaction, a
consumer claimant or potential consumer claimant to a specific
attorney, law firm, medical provider, chiropractor, or physical
therapist, or any of their employees. However, if a consumer
claimant needs legal representation, the company may refer the
person to a local or state bar association referral service.
(5) Knowingly provide funding to a consumer claimant who has
previously assigned or sold a part of the consumer claimant's
right to proceeds from the consumer claimant's civil proceeding
without first making payment to or purchasing a prior
unsatisfied CPAP provider's entire funded amount and
contracted charges, unless a lesser amount is otherwise agreed
to in writing by the prior CPAP provider. However, multiple
CPAP providers may agree to provide a CPAP transaction to a
consumer claimant simultaneously if the consumer claimant and
the consumer claimant's attorney consent to the arrangement in
writing.
(6) Receive any right to make any decision with respect to the
conduct of the underlying civil proceeding or any settlement or
resolution of the civil proceeding, or make any decision with
respect to the conduct of the underlying civil proceeding or any
settlement or resolution of the civil proceeding. The right to
make these decisions remains solely with the consumer
claimant and the attorney in the civil proceeding.
(7) Knowingly pay or offer to pay for court costs, filing fees, or
attorney's fees either during or after the resolution of the civil
proceeding, using funds from the CPAP transaction.
As added by P.L.153-2016, SEC.7.
Indiana Code 2016
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
