IC 27-13-31-2 — Liability limitations
Chapter 31. Confidentiality of Medical Information and Limitation of Liability
Section text
Sec. 2. (a) As used in this section, "in good faith and without malice" when used to describe an action taken or a decision or recommendation made means that: (1) a reasonable effort has been taken to obtain the facts of the matter; (2) a reasonable belief exists that the action, decision, or recommendation is warranted by the facts known; and (3) if the action is described in IC 34-30-15-7, the action is made in compliance with IC 34-30-15-7. (b) As used in this section, "health care review committee" means a peer review committee under IC 34-6-2.1-145 (or IC 34-4-12.6-1(c) before its repeal). (c) In all actions to which this section applies, good faith shall be presumed and malice shall be required to be proven by the person aggrieved. (d) A person who, in good faith and without malice: (1) takes any action or makes a decision or recommendation as a member, an agent, or an employee of a health care review committee; or (2) furnishes any record, information, or assistance to a health care review committee; is not subject to liability for damages in any legal action in consequence of that action. (e) Neither: (1) the health maintenance organization or limited service health maintenance organization that established the health care review committee; or (2) the officers, directors, employees, or agents of the health maintenance organization or limited service health maintenance organization; are liable for damages in any civil action for the activities of a person who, in good faith and without malice, takes any action or makes a decision or recommendation as a member, an agent, or an employee of a health care review committee, or furnishes any record, information, or assistance to a health care review committee. (f) This section does not relieve any person of liability arising from treatment of a patient or an enrollee, or from a determination of the reimbursement to be provided under the terms of an insurance policy, a health maintenance organization contract, or another benefit program providing payment, reimbursement, or indemnification for health care costs based on the appropriateness of health care services delivered to an enrollee. (g) A health care review committee shall comply with IC 34-6-2.1-145.
As added by P.L.26-1994, SEC.25. Amended by P.L.261-1995, SEC.1; P.L.1-1998, SEC.155; P.L.186-2025, SEC.148.
Source: official publisher (2026 edition)