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Medical Professional Liability State Profile:

Indiana

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#3 ProAssurance State Rank
#21 Market Rank
$176,674,396 Size of MPL Market

CME Requirements

Credit Amount 
The state of Indiana does not have a set number of required CME credit hours for physician license renewal.

Licensure Cycle
Biennial.

Topics
Physicians must complete 2 credit hours of CME in the topic of opioid prescribing and opioid abuse.


CME requirements listed above were updated based on information from the Medical Licensing Board of Indiana, but education requirements do change. Due to COVID-19, certain states may have modified their licensure requirements. Physicians should confirm Indiana’s current requirements provided by the Medical Licensing Board of Indiana.

 

  • Prejudgment and Post-Judgment Interest
  • One Party or All Party Consent
  • Telemedicine Regulations
  • Tort Laws

Prejudgment and Post-Judgment Interest

Tort actions rate: At the court’s discretion a simple interest rate of not less than 6% nor more than 10%

  • Ind. Code § 34-51-4-9

Accrual date: At the court’s discretion, on the latest of the following dates: (1) fifteen months after the cause of action accrue, (2) six months after the claim is filed in court, (if Ind. Code § 34-18-8 and § 34-18-9 [medical malpractice claims] do not apply) or (3) 180 days after a medical review panel is formed to review the claim.

  • Ind. Code § 34-51-4-8

Postjudgment Contract and Tort Actions Rate: If there is no contract, 8%

Accrual date: Date of the return of the verdict or finding.

One Party or All Party Consent

Indiana is a one-party consent state.

In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110.

Telemedicine Regulations

Professional Requirements:

  • Consent Requirements: Yes
  • Cross-State Licensing: Must have IN Telehealth Provider Certification

Medicaid Reimbursement:

  • Live Video: Yes
  • Store-and-Forward: No
  • Remote Patient Monitoring: Yes
  • Audio Only: Yes

Licensure Compact(s): NLC, PT, PSYPACT, IMLC (pending), EMS, ASLP-IC

State Resource: Upper Midwest Telehealth Resource Center

Tort Laws

Limits on damages for pain and suffering: $500k cap on total damages per provider; $1.8M cap on total damages for providers and state fund

  • §34-18-14-3 (2016) - upheld

Limits on contingent attorney fees: 15% max if paid out of patient compensation fund; otherwise none

  • §34-18-18-1 (1999)

Reform of collateral source rule: Evidentiary

  • §34-44-1-2 (1998)

Periodic payment of future damages: None

Statute of limitations: 2 years from act or discovery

  • §34-18-7-1 (1999) - upheld