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 […]
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. [Pre-1993 Recodification Citation: 16-10-4-14(b).] As added by P.L.2-1993, SEC.11.
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. [Pre-1993 Recodification Citation: 16-10-4-14(c).] As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.25; P.L.197-2011, SEC.67.
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 […]
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 […]
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. [Pre-1993 […]
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. [Pre-1993 Recodification Citation: 16-10-4-14(g).] As added by P.L.2-1993, SEC.11.
