Authority: IC 16-27-1-7

Affected: IC 16-27-1

Sec. 4. (a) The commissioner may commence an action under IC 16-27-1 to levy civil penalties against a person who:

1. (1) fails to comply with IC 16-27 or this article; or
2. (2) interferes with or obstructs the department or its designated agent in the performance of duties pursuant to IC 16-27- 1.

(b) A monetary civil penalty may be sought for each documented violation of IC 16-27-1 or this article. Monetary civil penalties issued may not exceed ten thousand dollars ($10,000) per violation.

(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the commissioner may consider, but is not limited to, the following:

1. (1) The potential for harm or imminent threat to the patient's health.
2. (2) The extent of deviation from statutory or regulatory requirements.
3. (3) The degree of willfulness or negligence.
4. (4) The history of noncompliance.

(d) The absence of direct harm will not necessarily result in assessment of a lower penalty for a violation.

(Indiana Department of Health; 410 IAC 17-11-4; filed Mar 18, 2002, 3:40 p.m.: 25 IR 2483; readopted filed Jul 14, 2008, 2:14 p.m.: 20080806-IR-410080322RFA; readopted filed Sep 10, 2014, 2:08 p.m.: 20141008-IR-410140299RFA; readopted filed Sep 10, 2020, 2:11 p.m.: 20201007-IR-410200404RFA)