{"data":{"id":"us-in/ic-16-28-5-4","jurisdiction":"us-in","citation":"IC 16-28-5-4","heading":"Remedies for breaches","body":"Sec. 4. (a) The commissioner shall impose the following remedies for breaches of this article or a rule adopted under this article:\n(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).\n(2) For a deficiency, the remedies specified in subsection (b)(1). The commissioner may also impose the remedies specified in subsection (b)(4).\n(3) For a breach that is a repeat of the same deficiency within a fifteen (15) month period, the remedies specified in subsection (b)(1) through (b)(2). The commissioner may also impose the remedy specified in subsection (b)(3).\n(4) For a noncompliance, the remedies specified in subsection (b)(5) through (b)(6).\n(5) For a breach that is a repeat of the same noncompliance within a fifteen (15) month period, the remedies specified in subsection (b)(1). The commissioner may also impose the remedies specified in subsection (b)(4).\n(6) For a nonconformance, the remedies specified in subsection (b)(5).\n(7) For a breach that is a repeat of the same nonconformance within a fifteen (15) month period, the remedies specified in subsection (b)(5) through (b)(6).\n(b) The remedies for breaches of this article or rules adopted under this article are as follows:\n(1) Issuance of an order for immediate correction of the breach.\n(2) Imposition of a fine not to exceed ten thousand dollars ($10,000) or suspension of new admissions to the health facility for a period not to exceed forty-five (45) days, or both.\n(3) Revocation by the director of the health facility's license or issuance of a probationary license.\n(4) Imposition of a fine not to exceed five thousand dollars ($5,000) or suspension of new admissions to the health facility for a period not to exceed thirty (30) days, or both.\n(5) A requirement that the health facility comply with any plan of correction approved or directed under section 7 of this chapter.\n(6) If the health facility is found to have a pattern of breach, the commissioner may suspend new admissions to the health facility for a period not to exceed fifteen (15) days or impose a fine not to exceed one thousand dollars ($1,000), or both.\n(c) If a breach is immediately corrected and the commissioner has imposed remedies under subsection (b)(2), the commissioner may waive not more than fifty percent (50%) of the fine imposed and reduce the number of days for suspension of new admissions by one-half (1/2).\n(d) The commissioner may, with the concurrence of a licensed physician, impose the following:\n(1) For an omission of care or an act that does not fall within a classification of a rule under this section and that the facility should reasonably have known would present a substantial probability that death or a life threatening condition will result, one (1) or any combination of the remedies specified in subsection (b)(1) through (b)(3).\n(2) For an omission of care or an act that:\n(A) does not fall within a classification of a rule under this section; and\n(B) the facility should reasonably have known would result in an immediate or a direct, serious adverse effect on the health, safety, security, rights, or welfare of a patient;\nthe remedies specified in subsection (b)(1) or (b)(4), or both.","path":["TITLE 16. HEALTH","ARTICLE 28. HEALTH FACILITIES","Chapter 5. Remedies for Breaches; Plans of Correction"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-28-5-4","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"e856338e6636f97c7a97524bd4b9750208811856796277cc726f8db5088733a5","source_id":"us-in","stale":false,"prev":"us-in/ic-16-28-5-3","next":"us-in/ic-16-28-5-5"},"notice":"GroundRules: Original legal text. Not legal advice."}