Indiana Code 16-27-1-12. Prohibited acts; penalties
(1) Issue a letter of correction.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to 60 days | up to $500 |
Terms Used In Indiana Code 16-27-1-12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- home health agency: means a person that provides or offers to provide:
Indiana Code 16-27-1-2
- patient: means an individual who has been accepted for care by a home health agency. See Indiana Code 16-27-1-6
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Revoke a license.
(6) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000).
(b) The state health commissioner may take action under subsection (a) on any of the following grounds:
(1) Violation of any of the provisions of this chapter or rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of an illegal act in a home health agency.
(3) Conduct or practice found by the state department to be detrimental to the welfare of the patients of the home health care agency.
(c) 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 or rule adopted under 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 or rule adopted 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 or rules adopted by the state department;
(4) retaliates or discriminates against a patient, health care representative, power of attorney, employee, agency staff member, or any other person for:
(A) contacting or providing information to any state official; or
(B) initiating, participating in, or testifying in an action under this article or rules adopted by the state department; 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.
(d) In addition to the criminal provisions for violations described in this section, the commissioner may commence an action under IC 4-21.5 for issuance of an order of compliance and assess a civil penalty not to exceed twenty-five thousand dollars ($25,000).
[Pre-1993 Recodification Citation: 16-10-2.2-14.]
As added by P.L.2-1993, SEC.10. Amended by P.L.45-2020, SEC.5.