per an email from the IDOI’s Legal Counsel 5/26/2011
“Per our discussion earlier today, I wanted to confirm that the new changes to IDOI Rule 21 do not require a health care
provider to incorporate to cover employees. Here’s the relevant text:
(e) Qualification for individual health care providers may not include employees. Including a d/b/a on a PCF certificate of
insurance does not allow an individual to include employees. However, nothing in this subsection shall prevent a
corporation, sole proprietorship, partnership, or any other entity organized or registered under state law from including
employees in the entity’s qualification.
Our original draft of the rule changes DID REQUIRE incorporation, but based on public comment, and after further
consideration of the language of the Med Mal Act, we determined that incorporation should not be required.
Here is a link to the Indiana Secretary of State’s web site which provides informaiton about registering an informal
business association and may prove useful to your members. ”