in-20260121-IR-410260014RAA: 410 IAC 15-1.3-3

TITLE 410 INDIANA DEPARTMENT OF HEALTH Regulatory Analysis LSA Document #26-14 I. Description of Rule – The attached proposed amendments to the rules are to bring the civil penalty language into alignment with the requirements outlined in IC 4-22-2-19.6. II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Rule Number Type of Change Old Language New Language Explanation 410 IAC 15-1.3-3(a) Amend subsections (a) and (b). (a) The commissioner may take any of the following actions on any of the grounds listed in subsection (b): (1) Issue a letter of correction. (2) Issue a probationary license. (3) Conduct a resurvey. (4) Deny renewal of a license. (5) Revoke a license. (6) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000). (b) The commissioner may take action under subsection (a) on the following grounds: (1) Violation of any of the provisions of this article. (2) Permitting, aiding, or abetting of any illegal act in an institution. (3) Conduct or practice found by the council to be detrimental to the welfare of the patients of an institution. (a) The commissioner may take any of the actions listed in IC 16-21-3-1. (b)The commissioner may take action under subsection (a) based on any of the grounds listed in IC 16-21-3-2. Changing the language to reference the statute rather than reciting the language in the statute. 410 IAC 15-1.3-3 Add subsection (c) N/A (c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the commissioner may consider, but is not limited to, the following: (1) The potential for harm or imminent threat to patient health. (2) The extent of deviation from statutory or regulatory requirements. (3) The degree of willfulness, recklessness, or negligence. (4) The history of noncompliance. (5) Obstruction of or failure to comply with the department. (6) Fraudulent conduct. Adds in factors used to assess the civil penalty outlined in subsection (a)(6). 410 IAC 15-1.3-3 Delete subsections (d)-(g) (d) A licensee or an applicant for a license aggrieved by an action under this rule may request review under IC 4-21.5. (e) The Indiana department of health shall appoint an appeals panel consisting of three (3) members as follows: (1) One (1) member of the executive board. (2) One (1) attorney admitted to the practice of law in Indiana. (3) One (1) individual with qualifications determined by the Indiana department of health. (f) An employee of the department may not be a member of the panel. (g) The panel shall conduct proceedings for review of an order issued by an administrative law judge under this rule. The panel is the ultimate authority under IC 4-21.5. N/A Removes language that is no longer relevant per operational procedures. 410 IAC 16.2-3.1-2(n) Amends subsection (n). (n) For Medicare or Medicaid certified facilities, or both, the department shall not collect both a civil money penalty under 42 CFR 488 and a fine under IC 16-28 and this article. (n)In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the department may consider, but is not limited to, the following: (1) The potential for harm or imminent threat to patient health. (2) The extent of deviation from statutory or regulatory requirements. (3) The degree of willfulness or negligence. (4) The history of noncompliance. (5) Obstruction of or failure to comply with the department. (6) Fraudulent conduct. Adds in factors used to assess the civil penalty outlined in subsection (m). 410 IAC 16.2-3.1-2(o) Adds subsection (o). N/A (o) For Medicare or Medicaid certified facilities, or both, the department shall not collect both a civil money penalty under 42 CFR 488 and a fine under IC 16-28 and this article. Moves subsection to after the factors for determining penalties. 410 IAC 16.2-5-1.1 Add subsection (n). N/A (n) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the department may consider, but is not limited to, the following: (1) The potential for harm or imminent threat to patient health. (2) The extent of deviation from any statutory or regulatory requirements. (3) The degree of willfulness, recklessness, or negligence. (4) The history of noncompliance. (5) Obstruction of or failure to comply with the department. (6) Fraudulent conduct. Adds in factors used to assess the civil penalty outlined in subsection (m).