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 issued by an administrative law judge under this chapter. The appeals panel is the ultimate authority under IC 4-21.5 .

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.

As added by P.L.256-1999, SEC.15.