2013 Indiana Code TITLE 16. HEALTH ARTICLE 28. HEALTH FACILITIES CHAPTER 4. ALLEGATIONS OF BREACHES
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IC 16-28-4
Chapter 4. Allegations of Breaches
IC 16-28-4-1
Filing of allegations; form
Sec. 1. A person who believes that this article or rules adopted
under this article have been breached may file an allegation of breach
with the state department. The allegation must be in writing unless
the breach complained of is an offense or a deficiency. An oral
allegation of breach shall be reduced to writing by the state
department.
As added by P.L.2-1993, SEC.11.
IC 16-28-4-2
Investigations
Sec. 2. The division shall promptly investigate the following:
(1) A written allegation of breach received under this chapter.
(2) An oral allegation of breach that the director, in the
director's discretion, believes to have merit.
As added by P.L.2-1993, SEC.11.
IC 16-28-4-3
Referral to licensing boards
Sec. 3. The state department shall refer an allegation of breach
received about licensed personnel at a health facility to the
appropriate licensing board for review and possible disciplinary
action.
As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011,
SEC.25; P.L.197-2011, SEC.67.
IC 16-28-4-4
Reporting to state department
Sec. 4. A governmental unit that:
(1) receives an allegation of breach alleging breach of this
article or rules adopted under this article; or
(2) has knowledge of facts constituting breach of this article or
rules adopted under this article;
shall report that allegation of breach or knowledge in writing to the
state department while protecting the confidentiality of the alleging
party and the patient.
As added by P.L.2-1993, SEC.11.
IC 16-28-4-5
Confidentiality
Sec. 5. (a) An allegation of breach filed with the state department
under this article that is subsequently released to the health facility
complained of or any member of the public shall not disclose the
name or identifying characteristics of the alleging party or the patient
who is the subject of the allegation of breach unless:
(1) the alleging party or patient consents in writing to the
disclosure; or
(2) the investigation results in a judicial proceeding and
disclosure is ordered by the court.
(b) If disclosure is essential to the investigation, the alleging party
shall be given the opportunity to withdraw the allegation of breach
before disclosure.
As added by P.L.2-1993, SEC.11.
IC 16-28-4-6
Relicensure considerations
Sec. 6. The report of a substantiated allegation of breach
investigation, together with the response of the health facility and
any enforcement action taken, shall be made a part of the health
facility's record and shall be considered, together with the survey
report, by the director at the time of relicensure of the facility.
As added by P.L.2-1993, SEC.11.
IC 16-28-4-7
Reporting of investigation results and actions taken
Sec. 7. Upon request of the alleging party the director shall report
to the alleging party or the alleging party's designated relative, friend,
or legal representative concerning the results of the investigation and
the action taken.
As added by P.L.2-1993, SEC.11.
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