Citations Affected: IC 35-46.
Synopsis: Fraudulent schemes relating to health care providers.
Prohibits an owner or employee of certain health care providers from
receiving money or assets as a loan or gift from an individual who
receives care from the provider. Makes the penalty for committing the
offense a Class A infraction. Permits an otherwise prohibited gift if it
is made in writing before two disinterested witnesses. Permits a court
to order the health care provider to return assets or repay the money
with interest, or pay treble damages and reasonable attorney's fees.
Effective: July 1, 2002.
January 7, 2002, read first time and referred to Committee on Corrections, Criminal and
Civil Procedures.
January 17, 2002, amended, reported favorably _ Do Pass.
January 22, 2002, read second time, ordered engrossed.
January 23, 2002, engrossed.
January 24, 2002, read third time, passed. Yeas 49, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
SECTION 1. IC 35-46-7 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 7. Offenses Against Persons Receiving Care
Sec. 1. As used in this chapter, "health care provider" means:
(1) a hospital licensed under IC 16-21;
(2) a health facility licensed under IC 16-28;
(3) a housing services establishment that is required to file a
disclosure statement under IC 12-15;
(4) a continuing care retirement community that is required
to file a disclosure statement under IC 23-2-4;
(5) a home health agency licensed under IC 16-27;
(6) a hospice licensed under IC 16-25;
(7) an entity that provides licensed or certified health care
professionals to:
(A) a health care provider; or
(B) a person who is in need of, or receives, professional
health care services;
(8) a community mental health center (as defined in
IC 12-7-2-38);
(9) a private psychiatric hospital licensed under IC 12-25;
(10) a state institution (as defined in IC 12-7-2-184); or
(11) a community residential facility for the developmentally
disabled that is licensed under IC 12-28-5.
Sec. 2. This chapter does not apply to the following:
(1) A gift or donation of money or other asset with a value not
exceeding five hundred dollars ($500) in the aggregate per
year per person, given to:
(A) a health care provider in the corporate name of the
health care provider; or
(B) a health care provider that is organized under Section
501(c)(3) of the Internal Revenue Code.
(2) A gift or loan of money or other asset given by a person
who receives services from a health care provider to a
member of the person's family who:
(A) is employed by a health care provider; or
(B) owns, wholly or jointly, a health care provider.
(3) A bequest of personal property or devise of real property
made in an executable will as described in IC 29-1-5-5 to a
health care provider or an owner, employee, or agent of a
health care provider.
(4) The purchase of a security (as defined in IC 23-2-1-1) that
is traded on a national or regional exchange.
(5) A gift or gratuity, not exceeding five hundred dollars
($500) in the aggregate per year per person receiving services
from the health care provider, to an employee of a health care
provider.
(6) A gift or donation of money or other asset given to
purchase or otherwise acquire a product, service, or amenity
for the use, entertainment, or enjoyment of persons receiving
services from a health care provider.
Sec. 3. (a) The following transactions are subject to the
requirements of subsection (b):
(1) A gift, a donation, a loan, or an investment from a person
who receives services from a health care provider to:
(A) the health care provider; or
(B) an owner, employee, or agent of the health care
provider;
in the name of the owner, employee or agent.