2013 Indiana Code TITLE 16. HEALTH ARTICLE 28. HEALTH FACILITIES CHAPTER 9. PENALTIES
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IC 16-28-9
Chapter 9. Penalties
IC 16-28-9-1
Investigations and reports
Sec. 1. The division shall investigate a report of an unlicensed
health facility operation and report the division's findings to the
attorney general.
As added by P.L.2-1993, SEC.11.
IC 16-28-9-2
Penalty options
Sec. 2. The attorney general may do any of the following:
(1) Seek an injunction in the circuit or superior court of the
county in which the unlicensed health facility 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 operation.
(3) Seek criminal penalties as provided by section 5 of this
chapter.
As added by P.L.2-1993, SEC.11.
IC 16-28-9-3
Interference with investigations; retaliation; failure to correct;
interference with correction process
Sec. 3. (a) A person who intentionally:
(1) prevents, interferes with, or attempts to impede the work of
an employee of the state department in the investigation and
enforcement of any provision of this article;
(2) prevents or attempts to prevent an employee of the state
department from examining any relevant records in the conduct
of official duties under this article;
(3) prevents or interferes with an employee of the state
department in preserving evidence of the breach of any
provision of this article;
(4) retaliates or discriminates against a resident or an employee
for:
(A) contacting or providing information to any state official;
or
(B) initiating, participating in, or testifying in an action
under this article; or
(5) fails to correct or interferes with the correction process
within the correction period specified on the citation or
approved plan of correction, unless an extension is granted by
the director and the corrections are made before expiration of
the extension;
commits a Class C misdemeanor.
(b) In addition to the criminal provisions for violations described
in subsection (a), the commissioner may commence an action under
IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance
and a civil penalty not to exceed twenty-five thousand dollars
($25,000).
As added by P.L.2-1993, SEC.11.
IC 16-28-9-4 Version a
Destruction or falsification of records
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 4. A person who intentionally destroys or falsifies records of
the breach of any provision of this article commits a Class D felony.
As added by P.L.2-1993, SEC.11.
IC 16-28-9-4 Version b
Destruction or falsification of records
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 4. A person who intentionally destroys or falsifies records of
the breach of any provision of this article commits a Level 6 felony.
As added by P.L.2-1993, SEC.11. Amended by P.L.158-2013,
SEC.233.
IC 16-28-9-5
Unlicensed operation of facilities; advertisement of unlicensed
facilities
Sec. 5. A person who:
(1) operates a health facility that is not licensed under this
article; or
(2) advertises by any means the operation of a health facility
that is not licensed under this article;
commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.11.
IC 16-28-9-6
Imposition of fine
Sec. 6. The state department may impose a fine not to exceed five
thousand dollars ($5,000) for a violation of a provision of this
chapter.
As added by P.L.108-1999, SEC.2.
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