Indiana Code 24-12-3-1. CPAP provider prohibitions
(1) Pay or offer to pay a commission, referral fee, or other form of consideration to any attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees for referring a consumer claimant to the provider.
Terms Used In Indiana Code 24-12-3-1
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- CPAP transaction: means a nonrecourse transaction in which a CPAP provider provides a funded amount to a consumer claimant to use for any purpose other than prosecuting the consumer claimant's civil proceeding, if the repayment of the funded amount is:
Indiana Code 24-12-1-0.5
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) Intentionally advertise materially false or misleading information regarding the CPAP provider’s products or services.
(4) Refer, in furtherance of an initial CPAP transaction, a consumer claimant or potential consumer claimant to a specific attorney, law firm, medical provider, chiropractor, or physical therapist, or any of their employees. However, if a consumer claimant needs legal representation, the CPAP provider may refer the person to a local or state bar association referral service.
(5) Knowingly provide funding to a consumer claimant who has previously assigned or sold a part of the consumer claimant’s right to proceeds from the consumer claimant’s civil proceeding without first making payment to or purchasing a prior unsatisfied CPAP provider’s entire funded amount and contracted charges, unless a lesser amount is otherwise agreed to in writing by the prior CPAP provider. However, multiple CPAP providers may agree to provide a CPAP transaction to a consumer claimant simultaneously if the consumer claimant and the consumer claimant’s attorney consent to the arrangement in writing.
(6) Make any decision, have any influence, or direct the consumer claimant or the consumer claimant’s attorney with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding, or make any decision with respect to the conduct of the underlying civil proceeding or any settlement or resolution of the civil proceeding. The right to make these decisions remains solely with the consumer claimant and the attorney in the civil proceeding.
(7) Knowingly pay or offer to pay for court costs, filing fees, or attorney’s fees either during or after the resolution of the civil proceeding, using funds from the CPAP transaction.
As added by P.L.153-2016, SEC.7. Amended by P.L.85-2017, SEC.97; P.L.140-2024, SEC.1.