Indiana Code
Chapter 15. Health Care: Privileged Communications of Health Care Provider Peer Review Committees
34-30-15-7. Health Care Providers Under Investigation; Health Maintenance Organizations

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 who is under contract with but not employed by the health maintenance organization or limited service health maintenance organization; or
(2) taking action to terminate a contract with a professional health care provider who is not employed by the health maintenance organization or limited service health maintenance organization;
based upon an evaluation of patient care rendered by the professional health care provider, the organization shall grant the health care provider affected by the action one (1) evidentiary hearing before a peer review committee of the organization and, at the health provider's request, an appeal of the peer review committee's decision.
(c) Unless otherwise agreed to by the organization and the health care provider, the appeal must be limited to a review of the record of the hearing before the peer review committee and a review of all or part of the peer review committee's decision.
(d) The appeal must be held before the governing board of the organization or, at the governing board's discretion, before a committee of the governing board.
(e) The health care provider is entitled to submit written materials in support of the appeal and, at the discretion of the governing board or committee of the board conducting the appeal, the health care provider may be allowed to present oral argument in support of the appeal.
[Pre-1998 Recodification Citation: 34-4-12.6-2(g).]
As added by P.L.1-1998, SEC.26.

Structure Indiana Code

Indiana Code

Title 34. Civil Law and Procedure

Article 30. Immunity From Civil Liability

Chapter 15. Health Care: Privileged Communications of Health Care Provider Peer Review Committees

34-30-15-1. Confidentiality; Peer Review Committee Proceedings

34-30-15-2. Confidentiality; Peer Review Committee Proceedings; Persons Attending

34-30-15-3. Confidentiality; Otherwise Discoverable Information

34-30-15-4. Health Care Providers Under Investigation; Access to Records

34-30-15-5. Health Care Providers Under Investigation; Hearings

34-30-15-6. Health Care Providers Under Investigation; Appeals

34-30-15-7. Health Care Providers Under Investigation; Health Maintenance Organizations

34-30-15-8. Confidentiality; Persons Information May Be Disclosed To

34-30-15-9. Waiver of Privilege

34-30-15-10. Invoking Privilege

34-30-15-11. Limited Waiver of Privilege for Attorney General Investigation

34-30-15-12. Subpoena Powers of Attorney General

34-30-15-13. Subpoena Powers of Attorney General; Requirements

34-30-15-14. Immunities Inapplicable to Persons Violating Confidentiality Requirements

34-30-15-15. Immunity; Peer Review Committee Proceedings

34-30-15-16. Immunity; Disclosure of Information to Peer Review Committee

34-30-15-17. Immunity; Good Faith Determinations Regarding Evaluation of Patient Care

34-30-15-18. Injunctive Relief Unavailable

34-30-15-19. Immunity; Compliance With Federal Health Care Quality Improvement Act

34-30-15-20. Immunity; Inapplicable to Civil Rights Laws

34-30-15-21. Use of Information for Internal Business Purposes

34-30-15-22. Discovery of Financial Incentives Offered Provider

34-30-15-23. Good Faith Presumed; Malice Must Be Proven