34-30-15-19. Immunity; Compliance With Federal Health Care Quality Improvement Act
Sec. 19. If the action of the peer review committee meets the standards specified by this chapter and the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., the following persons are not liable for damages under any federal, state, or local law with respect to the action: (1) The peer […]
34-30-15-20. Immunity; Inapplicable to Civil Rights Laws
Sec. 20. Section 19 of this chapter does not apply to damages under any federal or state law relating to the civil rights of a person including: (1) the federal Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; and (2) the federal Civil Rights Act, 42 U.S.C. 1981, et seq. [Pre-1998 Recodification Citation: […]
34-30-15-21. Use of Information for Internal Business Purposes
Sec. 21. (a) Notwithstanding sections 1 through 14 of this chapter: (1) a professional health care provider; (2) a peer review committee; and (3) the governing board of: (A) a hospital; (B) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); (C) a health maintenance organization (as defined in […]
34-30-15-22. Discovery of Financial Incentives Offered Provider
Sec. 22. Evidence of any financial incentive offered to or withheld from: (1) a private psychiatric hospital licensed under IC 12-25; or (2) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); is subject to discovery under Indiana Rules of Trial Procedure unless specifically protected by statute. [Pre-1998 Recodification […]
34-30-15-23. Good Faith Presumed; Malice Must Be Proven
Sec. 23. In all actions to which this chapter applies, good faith shall be presumed, and malice shall be required to be proven by the person aggrieved. [Pre-1998 Recodification Citation: 34-4-12.6-1(f) part.] As added by P.L.1-1998, SEC.26.
34-30-15-10. Invoking Privilege
Sec. 10. Except in cases as authorized in this chapter, the evidentiary privileges created by this chapter shall be invoked by all witnesses and organizations in all judicial and administrative proceedings unless the witness or organization first has a waiver of the privilege executed in writing, on behalf of the peer review committee holding the […]
34-30-15-11. Limited Waiver of Privilege for Attorney General Investigation
Sec. 11. If a waiver of the privilege is executed on behalf of the peer review committee in favor of the attorney general for the purpose of conducting an investigation under IC 25-1-7, the records of, determinations of, or communications to a peer review committee are confidential and privileged under this section, except for the […]
34-30-15-12. Subpoena Powers of Attorney General
Sec. 12. This chapter does not prevent the attorney general from obtaining by subpoena as part of an investigation under IC 25-1-7 for a violation under IC 25-1-9: (1) the application for privileges or employment completed by the professional staff member under investigation regardless of whether the member is the subject of peer review committee […]
34-30-15-13. Subpoena Powers of Attorney General; Requirements
Sec. 13. A subpoena issued by the attorney general to obtain the records necessary to an investigation shall identify with reasonable particularity the documents sought and the specific professional health care provider under investigation. [Pre-1998 Recodification Citation: 34-4-12.6-2(m).] As added by P.L.1-1998, SEC.26.
34-30-15-14. Immunities Inapplicable to Persons Violating Confidentiality Requirements
Sec. 14. The immunities granted by sections 15 through 20 of this chapter shall not extend to any person who violates the confidentiality requirements of sections 1 through 13 of this chapter. [Pre-1998 Recodification Citation: 34-4-12.6-2(n).] As added by P.L.1-1998, SEC.26. Amended by P.L.1-1999, SEC.74; P.L.97-2004, SEC.123.