1. (a) For an appeal under section 6 of this chapter, the executive board shall appoint an appeals panel consisting of three (3) members as follows:

   1. (1) One (1) member of the executive board.
   2. (2) One (1) attorney admitted to the practice of law in Indiana.
   3. (3) One (1) individual with qualifications determined by the executive board.
2. (b) An employee of the state department may not be a member of the appeals panel.

3. (c) The appeals panel shall conduct proceedings for review of an order if the following apply:

   1. (1) The order was issued, before July 1, 2021, by an administrative law judge (as defined in IC 4-21.5-1-2 ).

   2. (2) The request for the review of the order was filed before July 1, 2021.

      The appeals panel is the ultimate authority under IC 4-21.5 for an appeal that is filed before July 1, 2021.

4. (d) The costs of the proceedings, including the fees of the appeals panel, shall be paid as follows:

   1. (1) By the hospice, if the appeals panel finds in favor of the state department.
   2. (2) By the state department, if the appeals panel finds in favor of the hospice.
5. (e) This section expires July 1, 2022.

As added by P.L.256-1999, SEC.15. Amended by P.L.205-2019, SEC.20; P.L.130-2021, SEC.10.