1. (a) In determining appropriate remedies or waivers under section 4 of this chapter, the commissioner shall consider the following:

   1. (1) Whether the breach occurred for reasons outside of the health facility's control.
   2. (2) Whether the health facility has demonstrated that the health facility has taken the appropriate steps to reasonably ensure that the breach will not recur.
   3. (3) The history of breaches by the health facility.
   4. (4) The effect of the breach on the patient.

2. (b) If the health facility furnishes sufficient relevant financial information, the commissioner may consider the following in determining appropriate remedies or waivers under section 5 of this chapter:

   1. (1) Whether any financial savings or benefit accrued to the health facility as a result of the breach.

   2. (2) The cost incurred by the health facility in correcting the breach.

      [Pre-1993 Recodification Citation: 16-10-4-16.]

As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.7.