Indiana § 16-52-4-2 - State department authority

§ 16-52-4-2. State department authority

Sec. 2. (a) The state department may issue an order of compliance, impose a civil penalty, or refuse to issue a registration to a temporary health care services agency or a person that owns or operates a temporary health care services agency for any of the following reasons:

(1) Failing to obtain or maintain a registration as required by this article.

(2) Violating a provision of this article.

(3) Failing to take immediate action to remedy a violation of this article.

(4) Engaging in fraud or deceit in obtaining or attempting to obtain a registration.

(5) Lending the temporary health care services agency's registration to another person.

(6) Enabling another person to manage or operate the temporary health care services agency that is not subject to the temporary health care services agency's registration.

(7) Using the temporary health care services agency registration of another person or in any way knowingly aiding or abetting the improper granting of a registration.

(8) Violating an order previously issued by the state department in a disciplinary matter.

(9) Continuing operating a temporary health care services agency after June 30, 2023, without complying with this article.

(10) Engaging in fraud or deception of those seeking employment or of a health care facility.

(11) Billing a health care facility with fees, charges, and commissions for health care personnel in excess of the schedule of fees, charges, and commissions submitted by the temporary health care services agency to the state department.

(12) Violating any other rules adopted by the state department under IC 4-22-2 that specify a requirement that must be met by a temporary health care services agency in order to be registered under this article.

(b) The state department may impose any of the following for a violation of subsection (a):

(1) Deny the application for a registration or renewal of a registration under this article.

(2) Revoke, suspend, restrict, or otherwise limit a registration under this article.

(3) Impose a civil penalty of not more than five thousand dollars ($5,000) for each incident in which a temporary health care services agency engages in conduct prohibited under subsection (a).

(4) Stay enforcement of any revocation, suspension, restriction, or other limitation under subdivision (2) or any other discipline and place the temporary health care services agency on probation with the state department having the right to vacate the probationary order for noncompliance with provisions under this article.

As added by P.L.149-2023, SEC.18. Amended by P.L.9-2024, SEC.383.