Ind. Code § 16-28-10-2

Sec. 2. (a) The executive board shall appoint an appeals panel consisting of three (3) members as follows:

(1) One (1) member of the executive board.

(2) One (1) attorney admitted to the practice of law in Indiana.

(3) One (1) individual with qualifications determined by the executive board.

(b) An employee of the state may not be a member of the panel.

(c) An appeals panel shall conduct proceedings for review of an order issued by an administrative law judge under this chapter. The panel is the ultimate authority under IC 4-21.5.

(d) The cost of the proceedings, including the fees of the appeals panel, shall be paid as follows:

(1) By the health facility if the panel finds in favor of the state.

(2) By the state if the panel finds in favor of the health facility.