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Indiana Statutes, Title 34

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Indiana/Statutes

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Title 34, CIVIL LAW AND PROCEDURE

299 chapters · 2,478 sections in this title.

All chapters in Title 342,478 Ch 2.1, Statutes Outside IC 34 That Confer I…860 Ch 1, Proceeding as an Indigent Person317 Ch 2, Annulling Leave to Proceed as an Ind…310 Ch 3, Accrual of Cause of Action; Time Fro…195 Ch 5, Tolling of Statute of Limitations: C…132 Ch 4, Tolling of Statute of Limitations: N…101 Ch 6, Tolling of Statute of Limitations: L…92 Ch 8, Limitations on New Action After Fail…63 Ch 10, Medical Review Panel57 Ch 7, Survival of Cause of Action After De…52 Ch 9, Acknowledgment, New Promise, and Par…49 Ch 15, Payment From the Patient's Compensat…27 Ch 12, Liability Based on Breach of Contrac…22 Ch 11, Preliminary Determination of Affirma…20

27 sections·Filtered byTitle 34✕Ch 15✕

Ind. Code § 34-18-15-1 Discharge of obligations
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Sec. 1. (a) The obligation to pay an amount from the patient's compensation fund under IC 34-18-14-3(c), IC 34-18-6-6, or section 3 of this chapter (or IC 27-12-14-3(c), IC 27-12-6-6, or IC 27-12-15-3 before their repeal) may be discharged as follows: (1) Payment in one (1) lump …
Ind. Code § 34-18-15-2 Periodic payments; combined payments
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Sec. 2. Notwithstanding IC 34-18-6, the commissioner may: (1) discharge the possible liability of the patient's compensation fund to a patient through a periodic payments agreement (as defined in IC 34-18-14-2); and (2) combine money from the fund with money of the health care pr…
Ind. Code § 34-18-15-3 Demand in excess of policy limits; procedure
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Sec. 3. If a health care provider or its insurer has agreed to settle its liability on a claim by payment of its policy limits established in IC 34-18-14-3(b) and IC 34-18-14-3(d), and the claimant is demanding an amount in excess of that amount, the following procedure must be f…
Ind. Code § 34-18-15-4 Failure to pay settlement or judgment
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Sec. 4. If a health care provider or the health care provider's surety or liability insurance carrier fails to pay any agreed settlement or final judgment within ninety (90) days, the agreed settlement or final judgment shall be paid from the patient's compensation fund, and the …

Ind. Code § 34-30-15-1 Confidentiality; peer review committee proceedings

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Sec. 1. (a) All proceedings of a peer review committee are confidential. (b) All communications to a peer review committee shall be privileged communications. (c) Neither the personnel of a peer review committee nor any participant in a committee proceeding shall reveal any conte…

Ind. Code § 34-30-15-10 Invoking privilege

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Sec. 10. Except in cases as authorized in this chapter, the evidentiary privileges created by this chapter shall be invoked by all witnesses and organizations in all judicial and administrative proceedings unless the witness or organization first has a waiver of the privilege exe…

Ind. Code § 34-30-15-11 Limited waiver of privilege for attorney general investigation

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Sec. 11. If a waiver of the privilege is executed on behalf of the peer review committee in favor of the attorney general for the purpose of conducting an investigation under IC 25-1-7, the records of, determinations of, or communications to a peer review committee are confidenti…

Ind. Code § 34-30-15-12 Subpoena powers of attorney general

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Sec. 12. This chapter does not prevent the attorney general from obtaining by subpoena as part of an investigation under IC 25-1-7 for a violation under IC 25-1-9: (1) the application for privileges or employment completed by the professional staff member under investigation rega…

Ind. Code § 34-30-15-13 Subpoena powers of attorney general; requirements

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Sec. 13. A subpoena issued by the attorney general to obtain the records necessary to an investigation shall identify with reasonable particularity the documents sought and the specific professional health care provider under investigation. [Pre-1998 Recodification Citation: 34-4…

Ind. Code § 34-30-15-14 Immunities inapplicable to persons violating confidentiality requirements

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Sec. 14. The immunities granted by sections 15 through 20 of this chapter shall not extend to any person who violates the confidentiality requirements of sections 1 through 13 of this chapter. [Pre-1998 Recodification Citation: 34-4-12.6-2(n).] As added by P.L.1-1998, SEC.26. Ame…

Ind. Code § 34-30-15-15 Immunity; peer review committee proceedings

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Sec. 15. There is no liability on the part of, and no action of any nature shall arise against, the personnel of a peer review committee for any act, statement made in the confines of the committee, or proceeding of the committee made in good faith in regard to evaluation of pati…

Ind. Code § 34-30-15-16 Immunity; disclosure of information to peer review committee

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Sec. 16. Notwithstanding any other law, a peer review committee, an organization, or any other person who, in good faith and as a witness or in some other capacity, furnishes records, information, or assistance to a peer review committee that is engaged in: (1) the evaluation of …

Ind. Code § 34-30-15-17 Immunity; good faith determinations regarding evaluation of patient care

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Sec. 17. The personnel of a peer review committee shall be immune from any civil action arising from any determination made in good faith in regard to evaluation of patient care as that term is defined and limited in IC 34-6-2.1-60. [Pre-1998 Recodification Citation: 34-4-12.6-3(…

Ind. Code § 34-30-15-18 Injunctive relief unavailable

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Sec. 18. No restraining order or injunction shall be issued against a peer review committee or any of the personnel thereof to interfere with the proper functions of the committee acting in good faith in regard to evaluation of patient care as that term is defined and limited in …

Ind. Code § 34-30-15-19 Immunity; compliance with federal Health Care Quality Improvement Act

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Sec. 19. If the action of the peer review committee meets the standards specified by this chapter and the federal Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq., the following persons are not liable for damages under any federal, state, or local law with res…

Ind. Code § 34-30-15-2 Confidentiality; peer review committee proceedings; persons attending

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Sec. 2. Except as otherwise provided in this chapter, a person who attends a peer review committee proceeding shall not be permitted or required to disclose: (1) any information acquired in connection with or in the course of a proceeding; (2) any opinion, recommendation, or eval…

Ind. Code § 34-30-15-20 Immunity; inapplicable to civil rights laws

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Sec. 20. Section 19 of this chapter does not apply to damages under any federal or state law relating to the civil rights of a person including: (1) the federal Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; and (2) the federal Civil Rights Act, 42 U.S.C. 1981, et seq. [Pre-…

Ind. Code § 34-30-15-21 Use of information for internal business purposes

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Sec. 21. (a) Notwithstanding sections 1 through 14 of this chapter: (1) a professional health care provider; (2) a peer review committee; and (3) the governing board of: (A) a hospital; (B) a preferred provider organization (including a preferred provider arrangement or reimburse…

Ind. Code § 34-30-15-22 Discovery of financial incentives offered provider

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Sec. 22. Evidence of any financial incentive offered to or withheld from: (1) a private psychiatric hospital licensed under IC 12-25; or (2) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); is subject to d…

Ind. Code § 34-30-15-23 Good faith presumed; malice must be proven

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Sec. 23. In all actions to which this chapter applies, good faith shall be presumed, and malice shall be required to be proven by the person aggrieved. [Pre-1998 Recodification Citation: 34-4-12.6-1(f) part.] As added by P.L.1-1998, SEC.26.

Ind. Code § 34-30-15-3 Confidentiality; otherwise discoverable information

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Sec. 3. (a) Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because it was presented during proceedings before a peer review committee. (b) A member, an employee, an agent of a committee o…

Ind. Code § 34-30-15-4 Health care providers under investigation; access to records

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Sec. 4. (a) A professional health care provider under investigation shall be permitted at any time to see any records accumulated by a peer review committee pertaining to the provider's personal practice. (b) The provider shall be offered the opportunity to appear before the peer…

Ind. Code § 34-30-15-5 Health care providers under investigation; hearings

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Sec. 5. (a) As used in this section, "conflicted medical staff member" means a professional health care provider who is a member of a hospital's medical staff and who is determined by the hospital to be: (1) in direct economic competition with the professional health care provide…

Ind. Code § 34-30-15-6 Health care providers under investigation; appeals

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Sec. 6. (a) Any appeal granted to a professional health care provider under section 5 of this chapter may be held before a committee of the board of trustees or the full board of trustees of the hospital in which the care under investigation was provided. (b) The right to a heari…

Ind. Code § 34-30-15-7 Health care providers under investigation; health maintenance organizations

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Sec. 7. (a) This section applies to: (1) a health maintenance organization (as defined in IC 27-13-1-19); or (2) a limited service health maintenance organization (as defined in IC 27-13-34-4). (b) Before: (1) taking corrective action against a professional health care provider w…

Ind. Code § 34-30-15-8 Confidentiality; persons information may be disclosed to

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Sec. 8. (a) Communications to, the records of, and determinations of a peer review committee may only be disclosed to: (1) the peer review committee of: (A) a hospital; (B) a nonprofit health care organization (described in IC 34-6-2.1-165(23)); (C) a preferred provider organizat…

Ind. Code § 34-30-15-9 Waiver of privilege

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Sec. 9. Except in cases of required disclosure to the professional health care provider under investigation, no records or determinations of or communications to a peer review committee shall be: (1) subject to subpoena or discovery; or (2) admissible in evidence; in any judicial…