Authority: IC 16-19-3-4; IC 16-21-1-7

Affected: IC 16-19-3; IC 16-21-1; IC 25

Sec. 2.2. (a) (Voided by P.L.190-2023, SECTION 38, effective July 1, 2023.)

(b) Subject to subsection (e), the process for determining the occurrence of the reportable events listed in subsection (a)(1) by the hospital's quality assessment and improvement program shall be designed by the hospital to accurately determine the occurrence of any of the reportable events listed in subsection (a)(1) within the hospital in a timely manner.

(c) Subject to subsection (e), the process for reporting the occurrence of a reportable event listed in subsection (a)(1) shall comply with the following:

1. (1) The report shall:

   1. (A) be made to the department;
   2. (B) be submitted not later than fifteen (15) working days after the reportable event is determined to have occurred by the hospital's quality assessment and improvement program;
   3. (C) be submitted not later than four (4) months after the potential reportable event is brought to the program's attention; and

   4. (D) identify the reportable event, the quarter of occurrence, and the hospital, but shall not include any identifying information for any:

      1. (i) patient;
      2. (ii) individual licensed under IC 25; or
      3. (iii) hospital employee involved;
   5. or any other information.

2. (2) A potential reportable event may be identified by a hospital that:

   1. (A) receives a patient as a transfer; or
   2. (B) admits a patient subsequent to discharge;
3. from another health care facility subject to a reportable event requirement. In the event that a hospital identifies a potential reportable event originating from another health care facility subject to a reportable event requirement, the identifying hospital shall notify the originating health care facility as soon as they determine an event has potentially occurred for consideration by the originating health care facility's quality assessment and improvement program.
4. (3) The report, and any documents permitted under this section to accompany the report, shall be submitted in an electronic format, including a format for electronically affixed signatures.
5. (4) A quality assessment and improvement program may refrain from making a determination about the occurrence of a reportable event that involves a possible criminal act until criminal charges are filed in the applicable court of law.

(d) The hospital's report of a reportable event listed in subsection (a)(1) shall be used by the department for purposes of publicly reporting the type and number of reportable events occurring within each hospital. The department's public report will be issued annually.

(e) Any reportable event listed in subsection (a)(1) that:

1. (1) is determined to have occurred within the hospital between:

   1. (A) January 1, 2009; and
   2. (B) the effective date of this rule; and
2. (2) has not been previously reported;

must be reported within five (5) days of the effective date of this rule.

(Indiana Department of Health; 410 IAC 15-1.4-2.2; filed Nov 16, 2006, 4:01 p.m.: 20061213-IR-410050193FRA; errata filed Dec 29, 2006, 1:53 p.m.: 20070117- IR-410050193ACA; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; filed Oct 7, 2008, 10:26 a.m.: 20081105-IR-410080061FRA; readopted filed Jul 14, 2011, 11:42 a.m.: 20110810-IR-410110253RFA; readopted filed Sep 13, 2017, 4:08 p.m.: 20171011-IR-410170339RFA; readopted filed Nov 28, 2023, 12:13 p.m.: 20231227-IR- 410230639RFA)