{"data":{"id":"us-in/ic-27-13-31-2","jurisdiction":"us-in","citation":"IC 27-13-31-2","heading":"Liability limitations","body":"Sec. 2. (a) As used in this section, \"in good faith and without malice\" when used to describe an action taken or a decision or recommendation made means that:\n(1) a reasonable effort has been taken to obtain the facts of the matter;\n(2) a reasonable belief exists that the action, decision, or recommendation is warranted by the facts known; and\n(3) if the action is described in IC 34-30-15-7, the action is made in compliance with IC 34-30-15-7.\n(b) As used in this section, \"health care review committee\" means a peer review committee under IC 34-6-2.1-145 (or IC 34-4-12.6-1(c) before its repeal).\n(c) In all actions to which this section applies, good faith shall be presumed and malice shall be required to be proven by the person aggrieved.\n(d) A person who, in good faith and without malice:\n(1) takes any action or makes a decision or recommendation as a member, an agent, or an employee of a health care review committee; or\n(2) furnishes any record, information, or assistance to a health care review committee;\nis not subject to liability for damages in any legal action in consequence of that action.\n(e) Neither:\n(1) the health maintenance organization or limited service health maintenance organization that established the health care review committee; or\n(2) the officers, directors, employees, or agents of the health maintenance organization or limited service health maintenance organization;\nare liable for damages in any civil action for the activities of a person who, in good faith and without malice, takes any action or makes a decision or recommendation as a member, an agent, or an employee of a health care review committee, or furnishes any record, information, or assistance to a health care review committee.\n(f) This section does not relieve any person of liability arising from treatment of a patient or an enrollee, or from a determination of the reimbursement to be provided under the terms of an insurance policy, a health maintenance organization contract, or another benefit program providing payment, reimbursement, or indemnification for health care costs based on the appropriateness of health care services delivered to an enrollee.\n(g) A health care review committee shall comply with IC 34-6-2.1-145.","path":["TITLE 27. INSURANCE","ARTICLE 13. HEALTH MAINTENANCE ORGANIZATIONS","Chapter 31. Confidentiality of Medical Information and Limitation of Liability"],"source_url":"https://iga.in.gov/ic/2026/Title_27.html#27-13-31-2","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-25T05:39:04Z","sha256":"483b2adbd94b257d24b759ddbf52485462cd2a57fe2346c41c31221f3f51d3d5","source_id":"us-in","stale":false,"prev":"us-in/ic-27-13-31-1","next":"us-in/ic-27-13-31-3"},"notice":"GroundRules: Original legal text. Not legal advice."}