Subject to IC 12-16-5.5-3.2 (c), if the division fails to complete an investigation and determination of one (1) or more health care items or services identified in a claim within forty-five (45) days after receipt of the claim filed under IC 12-16-4.5 , the item or service is considered to have been:

1. (1) necessitated by one (1) or more of the medical conditions listed in IC 12-16-3.5-1 (a)(1) through IC 12-16-3.5-1 (a)(3) or IC 12-16-3.5-2 (a)(1) through IC 12-16-3.5-2 (a)(3); or
2. (2) a direct consequence of one (1) or more of the medical conditions listed in IC 12-16-3.5-1 (a)(1) through IC 12-16-3.5-1 (a)(3).

As added by P.L.145-2005, SEC.20.