Bill Text: IN HB1084 | 2011 | Regular Session | Introduced
Bill Title: Nursing home employee and resident protection.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2011-01-31 - Representative Reske added as coauthor [HB1084 Detail]
Download: Indiana-2011-HB1084-Introduced.html
Citations Affected: IC 16-28-9-3.
Synopsis: Nursing home employee and resident protection. Provides
that a person who intentionally retaliates or discriminates against a
resident or employee of a health facility for: (1) contacting or providing
information to any state official or supervisor; or (2) in good faith,
contacting or providing information concerning a resident's health or
safety to a state official, supervisor, health care professional employed
or under contract with the health facility or resident, or spouse or other
individual authorized to give health care consent for the resident;
commits a Class C misdemeanor.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Public Health.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) prevents, interferes with, or attempts to impede the work of an employee of the state department in the investigation and enforcement of any provision of this article;
(2) prevents or attempts to prevent an employee of the state department from examining any relevant records in the conduct of official duties under this article;
(3) prevents or interferes with an employee of the state department in preserving evidence of the breach of any provision of this article;
(4) retaliates or discriminates against a resident or an employee for:
(A) contacting or providing information to any state official or supervisor;
(B) in good faith, contacting or providing information
concerning a resident's health or safety to any:
(i) state official;
(ii) supervisor;
(iii) health care professional who is employed by or
under contract with the health facility or resident; or
(iv) spouse or other individual who is authorized to give
health care consent for the resident; or
(B) (C) initiating, participating in, or testifying in an action
under this article; or
(5) fails to correct or interferes with the correction process within
the correction period specified on the citation or approved plan of
correction, unless an extension is granted by the director and the
corrections are made before expiration of the extension;
commits a Class C misdemeanor.
(b) In addition to the criminal provisions for violations described in
subsection (a), the commissioner may commence an action under
IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and
a civil penalty not to exceed twenty-five thousand dollars ($25,000).
