Section 4-6-9-4.5 - Temporary health care services agencies; division director powers and duties; complaints(a) The director shall do the following:(1) Investigate a complaint made to the division concerning a temporary health care services agency (licensed under IC 16-52) and determine whether the complaint is substantiated.(2) Notify the temporary health care services agency (licensed under IC 16-52) of the filed complaint and substance of the complaint.(3) Subpoena witnesses and compel the production of information if necessary in the investigation of the complaint.(4) Notify the complainant, the Indiana department of health, and the temporary health care services agency (licensed under IC 16-52) of the director's findings concerning the complaint and that if any remedies or violations are found, that the Indiana department of health has the duty to take action concerning a substantiated complaint, including overseeing any negotiations against the parties.(b) If the director determines that prosecution of the temporary health care services agency (licensed under IC 16-52) is warranted and the Indiana department of health has not negotiated a settlement between the parties during the period of thirty (30) days after the director has notified the Indiana department of health concerning the director's findings, or if the Indiana department of health informs the director of the intent not to take further action on the matter, the director may report the findings to the attorney general for consideration of prosecution if the director believes disciplinary action is warranted. The attorney general shall consult with the Indiana department of health if the attorney general determines to prosecute the case.(c) The director may grant, upon the request of the Indiana department of health, a twenty (20) day extension of the time required under subsection (b).(d) All complaints filed under this section are confidential until the attorney general files notice with the Indiana department of health to prosecute the temporary health care services agency (licensed under IC 16-52) concerning the complaint. The division and the Indiana department of health may only disclose information concerning the complaint if required by law or requested by a law enforcement agency with jurisdiction and as part of an investigation.Added by P.L. 149-2023,SEC. 2, eff. 7/1/2023.