Sec. 1. The executive board shall adopt rules under IC 4-22-2 to classify each rule adopted by the executive board to govern a health facility under this article into one (1) of the following categories: (1) An offense, which presents a substantial probability that death or a life-threatening condition will result. (2) A deficiency, which […]
Sec. 10. If: (1) a breach is not corrected within the time fixed by the order of correction or is not corrected within the time fixed by the plan of correction; and (2) an extension has not been granted under section 9 of this chapter; the commissioner may find a new breach that may be […]
Sec. 2. On a determination by the commissioner that a breach of this article or a rule adopted under this article has occurred, the director shall issue a citation under IC 4-21.5-3-6 to the administrator of the health facility in which the breach occurred. The citation must state the following: (1) The nature of the […]
Sec. 3. A person aggrieved by a citation issued under this chapter may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final. [Pre-1993 Recodification Citation: 16-10-4-15.1(c).] As added by P.L.2-1993, SEC.11.
Sec. 4. (a) The commissioner shall impose the following remedies for breaches of this article or a rule adopted under this article: (1) For an offense, the remedies specified in subsection (b)(1) through (b)(2). The commissioner may also impose the remedy specified in subsection (b)(3). (2) For a deficiency, the remedies specified in subsection (b)(1). […]
Sec. 5. (a) In determining appropriate remedies or waivers under section 4 of this chapter, the commissioner shall consider the following: (1) Whether the breach occurred for reasons outside of the health facility’s control. (2) Whether the health facility has demonstrated that the health facility has taken the appropriate steps to reasonably ensure that the […]
Sec. 6. An order for immediate correction under section 4(b)(1) of this chapter shall state a specific date by which the correction shall be made. The date shall be set by the commissioner according to the circumstances of the breach but may not exceed five (5) days from the time the health facility receives written […]
Sec. 7. (a) A plan of correction submitted to the commissioner for approval and acceptance shall contain a fixed time within which the correction must be made. (b) When accepting or directing a corrective period, the commissioner shall consider the following: (1) A reasonable amount of time needed by a health facility to achieve compliance. […]
Sec. 8. (a) A plan of correction may be: (1) accepted; (2) modified upon agreement between the commissioner and the health facility; or (3) rejected by the commissioner. (b) If a plan of correction is rejected, the commissioner: (1) shall send notice of the rejection and the reasons for the rejection to the health facility; […]
Sec. 9. (a) A directed plan of correction imposed on a health facility by the commissioner may also be modified upon agreement between the commissioner and the health facility. (b) A petition for modification of an approved plan of correction must be filed with the commissioner before the expiration of the correction time period approved […]
