HB 1124-1_ Filed 01/26/2000, 14:03
Adopted 1/26/2000


Text Box

Adopted Rejected


[

]



COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Public Health     , to which was referred       House Bill 1124     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 3, line 4; (00)CR112401.3. -->     Page 3, delete lines 4 through 42, begin a new paragraph and insert:
SOURCE: IC 16-28-5-4; (00)CR112401.7. -->     "SECTION 7. IC 16-28-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE SEPTEMBER 1, 2000]: 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, a Level 4 breach, 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, Level 3 breach, the remedies remedy specified in subsection (b)(1). The commissioner may also impose the remedies specified in subsection (b)(4).
        (3) For a breach that is a repeat of the same deficiency Level 3 breach 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).
        (4) For a noncompliance, Level 2 breach, the remedies specified in subsection (b)(5) through (b)(6).
        (5) For a breach that is a repeat of the same noncompliance Level 2 breach within a fifteen (15) month period, the remedies remedy specified in subsection (b)(1). The commissioner may also impose the remedies specified in subsection (b)(4).
        (6) For a nonconformance, Level 1 breach, the remedies remedy specified in subsection (b)(5).
        (7) For a breach that is a repeat of the same nonconformance Level 1 breach within a fifteen (15) month period, the remedies specified in subsection (b)(5) through (b)(6).
    (b) The remedies for breaches of this article or rules adopted under this article are as follows:
        (1) Issuance of an order for immediate correction of the breach.
        (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.
        (3) Revocation by the director of the health facility's license or issuance of a probationary license.
        (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.
        (5) A requirement that the health facility comply with any plan of correction approved or directed under section 7 of this chapter.
        (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.
    (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).
    (d) The commissioner may, with the concurrence of a licensed physician, impose the following:
        (1) For an omission of care or an act that does not fall within a classification of a rule breach 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).
        (2) For an omission of care or an act that:
            (A) does not fall within a classification of a rule breach under this section; and
            (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;
        the remedies specified in subsection (b)(1) or (b)(4), or both.".
    Delete page 4.

SOURCE: Page 5, line 1; (00)CR112401.5. -->     Page 5, delete lines 1 through 19.
    Page 6, line 10, after "conducted" insert " or approved".
    Page 6, line 10, delete ":" and insert " the state department of health.".
    Page 6, delete lines 11 through 12.
    Page 6, delete lines 17 through 42.
    Delete pages 7 through 9.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1124 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Brown C


CR112401/DI 77    2000