reglab/housing_qa huggingface dataset:
IN Code § 16-28-9-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-2. Penalty Options

Sec. 2. The attorney general may do any of the following:(1) Seek an injunction in the circuit or superior court of the county in which the unlicensed health facility is located or in the circuit or superior court of Marion County.(2) Seek relief under IC 4-21.5, including a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day of unlicensed operation.(3) Seek criminal penalties as provided by section 5 of this chapter.[Pre-1993 Recodification Citation: 16-10-4-21 part.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-9-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-3. Interference With Investigations; Retaliation; Failure to Correct; Interference With Correction Process

Sec. 3. (a) A person who intentionally:(1) prevents, interferes with, or attempts to impede the work of an employee of the state department in the investigation and enforcement of any provision of this article;(2) prevents or attempts to prevent an employee of the state department from examining any relevant records in the conduct of official duties under this article;(3) prevents or interferes with an employee of the state department in preserving evidence of the breach of any provision of this article;(4) retaliates or discriminates against a resident or an employee for:(A) contacting or providing information to any state official; or(B) initiating, participating in, or testifying in an action under this article; or(5) fails to correct or interferes with the correction process within the correction period specified on the citation or approved plan of correction, unless an extension is granted by the director and the corrections are made before expiration of the extension;commits a Class C misdemeanor.(b) In addition to the criminal provisions for violations described in subsection (a), the commissioner may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and a civil penalty not to exceed twenty-five thousand dollars ($25,000).[Pre-1993 Recodification Citation: 16-10-4-22.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-9-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-4. Destruction or Falsification of Records

Sec. 4. A person who intentionally destroys or falsifies records of the breach of any provision of this article commits a Level 6 felony.[Pre-1993 Recodification Citation: 16-10-4-23.]As added by P.L.2-1993, SEC.11. Amended by P.L.158-2013, SEC.233.
IN Code § 16-28-9-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-5. Unlicensed Operation of Facilities; Advertisement of Unlicensed Facilities

Sec. 5. A person who:(1) operates a health facility that is not licensed under this article; or(2) advertises by any means the operation of a health facility that is not licensed under this article;commits a Class A misdemeanor.[Pre-1993 Recodification Citation: 16-10-4-24.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-9-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-6. Imposition of Fine

Sec. 6. The state department may impose a fine not to exceed five thousand dollars ($5,000) for a violation of a provision of this chapter.As added by P.L.108-1999, SEC.2.
IN Code § 16-28-10-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 10. Hearings and Appeals|16-28-10-1. Hearings; Costs

Sec. 1. (a) Hearings under this article shall be conducted in accordance with IC 4-21.5.(b) Except for hearings held on the adoption of rules, an administrative law judge must meet the following conditions:(1) Be admitted to the practice of law in Indiana.(2) Not be an employee of the state.This subsection expires June 30, 2020.(c) A health facility shall pay the costs of appointing an administrative law judge if the administrative law judge finds in favor of the state. However, if the administrative law judge finds in favor of the health facility, the state shall pay the costs of appointing the administrative law judge.[Pre-1993 Recodification Citation: 16-10-4-25.]As added by P.L.2-1993, SEC.11. Amended by P.L.141-2014, SEC.13; P.L.205-2019, SEC.23.
IN Code § 16-28-10-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 10. Hearings and Appeals|16-28-10-2. Appeals Panel; Expiration

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 if the following apply:(1) The order was issued, before July 1, 2021, by an administrative law judge (as defined in IC 4-21.5-1-2).(2) The request for the review of the order was filed before July 1, 2021.The panel is the ultimate authority under IC 4-21.5 for an appeal that is filed before July 1, 2021.(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.(e) This section expires July 1, 2022.[Pre-1993 Recodification Citation: 16-10-4-25.5.]As added by P.L.2-1993, SEC.11. Amended by P.L.205-2019, SEC.24; P.L.130-2021, SEC.13.
IN Code § 16-28-10-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 10. Hearings and Appeals|16-28-10-3. Judicial Review

Sec. 3. Judicial review of an administrative order issued under this chapter may be sought by either the facility or the state under IC 4-21.5.[Pre-1993 Recodification Citations: 16-10-4-9.4; 16-10-4-26.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-11-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-1. Payment of Fines and Fees; Deposit

Sec. 1. Except as provided in IC 16-28-1-11 and IC 16-28-7-4, fines or fees required to be paid under this article shall be paid directly to the director who shall deposit the fines or fees in the state general fund.[Pre-1993 Recodification Citation: 16-10-4-27.]As added by P.L.2-1993, SEC.11. Amended by P.L.218-1999, SEC.2.
IN Code § 16-28-11-1.5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-1.5. Care Plans; Inclusion of a Resident Representative

Sec. 1.5. In developing and executing a care plan for a health facility resident, the health facility shall, at the request of the resident, facilitate the inclusion of a resident representative.As added by P.L.173-2019, SEC.2.
IN Code § 16-28-11-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-2. Compulsory Medical Treatment and Examination

Sec. 2. This article does not authorize or require any form of compulsory medical treatment or physical or mental examination of a person who:(1) is a resident, a guest, a patient, an employee, a registrant, or an enrollee of an exempt institution specified in IC 16-18-2-167(c); and(2) is being treated by prayer or spiritual means alone for healing;or to deny to the person the right to rely solely upon prayer or spiritual means by receiving only the treatment given by an accredited practitioner of the religious denomination known as the Church of Christ, Scientist, if the laws pertaining to the safe condition of the premises, cleanliness of the operation of the premises, and the physical equipment on the premises are complied with.[Pre-1993 Recodification Citation: 16-10-4-28.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-11-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-3. Practice of Medicine

Sec. 3. This article does not authorize any person to engage, in any manner, in the practice of medicine (as defined in IC 25-22.5).[Pre-1993 Recodification Citation: 16-10-4-29.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-11-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-4. Health Facility, County Jail, or Department of Correction Facility Required to Return Certain Unused Medication

Sec. 4. (a) A health facility, county jail under IC 11-12-5-8, or department of correction facility under IC 11-10-3-4 that possesses unused medication that meets the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6):(1) shall return medication that belonged to a Medicaid recipient; and(2) may return other unused medication;to the pharmacy that dispensed the medication.(b) An entity participating in a program under IC 25-26-23 may return unused medication to the pharmacy that dispensed the medication if the board of pharmacy adopts a rule allowing this procedure under IC 25-26-23-2.As added by P.L.75-2004, SEC.1. Amended by P.L.204-2005, SEC.3; P.L.119-2011, SEC.2; P.L.174-2011, SEC.3; P.L.159-2012, SEC.3.
IN Code § 16-28-11-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-5. Fire Sprinkler Systems in Health Facilities

Sec. 5. (a) This section does not apply to the Indiana Veterans' Home.(b) A health facility licensed under IC 16-28 as a comprehensive care facility must do the following:(1) Have an automatic fire sprinkler system installed throughout the facility before July 1, 2012.(2) If an automatic fire sprinkler system is not installed throughout the health facility before July 1, 2010, submit before July 1, 2010, a plan to the state department for completing the installation of the automatic fire sprinkler system before July 1, 2012.(3) Have a battery operated or hard wired smoke detector in each resident's room before July 1, 2012.(c) The state department shall adopt rules under IC 4-22-2 to implement this section.As added by P.L.73-2007, SEC.1.
IN Code § 16-28-11-5.5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-5.5. Employee of Health Facility Not Required to Perform Cpr if Specified Criteria Are Met

Sec. 5.5. (a) This section does not apply to the implementation of a do not resuscitate order.(b) This article does not require an employee of a health facility to provide cardiopulmonary resuscitation (CPR) or other intervention on a patient if a registered nurse licensed under IC 25-23 or a physician licensed under IC 25-22.5 who is employed by the health facility has determined that the following criteria have been met:(1) The patient has experienced an unwitnessed cessation of circulatory and respiratory functions.(2) The patient is unresponsive.(3) The patient's pupils are fixed and dilated.(4) The patient's body temperature indicates hypothermia.(5) The patient has generalized cyanosis.(6) The patient has livor mortis.As added by P.L.134-2008, SEC.13.
IN Code § 16-28-11-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-6. Disclosure of Fire Sprinkler Systems in Consumer Guide to Nursing Homes

Sec. 6. The state department shall disclose, in the state department's consumer guide to nursing homes, whether a health facility is:(1) fully;(2) partially; or(3) not;equipped with fire sprinklers.As added by P.L.73-2007, SEC.2.
IN Code § 16-28-11-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-7. Disclosure of Smoke Detector Information in Consumer Guide to Nursing Homes

Sec. 7. The state department shall disclose the following information in the state department's consumer guide to nursing homes:(1) Until July 1, 2012, whether each health facility has:(A) a battery operated;(B) a hard wired; or(C) no;smoke detector in each resident's room.(2) After June 30, 2012, whether a health facility has:(A) a battery operated; or(B) a hard wired;smoke detector in each resident's room.(3) If a health facility has a hard wired or wireless smoke detector in each resident's room, whether the smoke detector:(A) provides a visual and audible signal at the nurses' stations that attend each room;(B) transmits to a central station service; and(C) connects to the health facility's fire alarm system.As added by P.L.73-2007, SEC.3.
IN Code § 16-28-11-8 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 11. Miscellaneous Provisions|16-28-11-8. Publication of Covid-19 Data

Sec. 8. (a) As used in this section, "COVID-19" means:(1) severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2); or(2) the disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(b) The state department shall compile case and death data related to COVID-19 that the state department requires to be reported by a health facility or a residential care facility licensed under this article to the state department. The state department shall do the following:(1) Publish the information described in this section on the state department's Internet web site in a transparent and user friendly manner, and by specifying the data for each specific health facility, each residential care facility, and by each county.(2) Update the information on the state department's Internet web site described in this section at least every seven (7) days.(c) This section expires April 1, 2022.As added by P.L.147-2021, SEC.3.
IN Code § 16-28-12-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 12. Federally Required Enforcement Process|16-28-12-1. Adoption of Rules

Sec. 1. The state department shall, as the state agency utilized under 42 U.S.C. 1395aa(a) and authorized to perform the duties of the state survey agency under 42 U.S.C. 1396, adopt rules under IC 4-22-2 to satisfy the requirements of 42 U.S.C. 1396r(h).[Pre-1993 Recodification Citation: 16-10-4.1-2.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-12-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 12. Federally Required Enforcement Process|16-28-12-2. 1396r(h) Fund; Investment; Use of Principal and Interest

Sec. 2. (a) The 1396r(h) fund is established to receive money collected under this chapter. The state department shall administer the fund.(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.(d) The state department shall use the principal and interest in the fund in accordance with 42 U.S.C. 1396r(h)(2)(A)(ii).[Pre-1993 Recodification Citation: 16-10-4.1-3.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-12-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 12. Federally Required Enforcement Process|16-28-12-3. Department Actions; Procedure

Sec. 3. The procedure governing an action taken by the state department under this chapter must be in accordance with:(1) IC 4-21.5-3-6; or(2) IC 4-21.5-4.[Pre-1993 Recodification Citation: 16-10-4.1-3.5.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-12-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 12. Federally Required Enforcement Process|16-28-12-4. Review; Procedure; Filing Period

Sec. 4. (a) A person adversely affected by action of the state department under this chapter may request review under IC 4-21.5-3-7.(b) The procedure governing appeals under this chapter must be in accordance with IC 16-28-10.(c) If a request for a hearing is not filed within the fifteen (15) day period specified in IC 4-21.5-3-7, the determination of the executive board is final.[Pre-1993 Recodification Citation: 16-10-4.1-4.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-13-0.5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-0.5. "Health Care Facility" Defined

Sec. 0.5. As used in this chapter, "health care facility" includes the following:(1) An ambulatory outpatient surgical center licensed under IC 16-21-2.(2) A health facility licensed under IC 16-28-2 or IC 16-28-3.(3) A home health agency licensed under IC 16-27-1.(4) A hospice program licensed under IC 16-25-3.(5) A hospital licensed under IC 16-21-2.As added by P.L.108-1999, SEC.3. Amended by P.L.14-2000, SEC.44.
IN Code § 16-28-13-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-1. "Nurse Aide" Defined

Sec. 1. (a) As used in this chapter, "nurse aide" means an individual who provides nursing or nursing related services to residents in the following:(1) A health facility.(2) A hospital based health facility.(3) An ambulatory outpatient surgical center licensed under IC 16-21-2. Under this subdivision, the term applies to an individual who was employed by the center after July 1, 1999.(4) A home health agency licensed under IC 16-27-1. Under this subdivision, the term applies to an individual who was employed by the agency after July 1, 1999.(5) A hospice program licensed under IC 16-25-3. Under this subdivision, the term applies to an individual who was employed by the program after July 1, 1999.(6) A hospital licensed under IC 16-21-2. Under this subdivision, the term applies to an individual who was employed by the hospital after July 1, 1999.(b) The term does not include the following:(1) A licensed health professional (as defined in IC 25-1-9-3).(2) A registered dietician.(3) An individual who volunteers to provide nursing or nursing related services without pay.As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999, SEC.4; P.L.14-2000, SEC.45.
IN Code § 16-28-13-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-2. "Other Unlicensed Employee" Defined

Sec. 2. (a) As used in this chapter, "other unlicensed employee" means:(1) an employee of a health facility;(2) a hospital based health facility; or(3) a personal services attendant (as defined in IC 12-10-17.1-8);who is not licensed (as defined in IC 25-1-9-3) by a board (as defined in IC 25-1-9-1).(b) The term does not include an employee of an ambulatory outpatient surgical center, a home health agency, a hospice program, or a hospital that is not licensed (as defined in IC 25-1-9-3) by a board (as defined in IC 25-1-9-1).As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999, SEC.5; P.L.255-2001, SEC.16; P.L.141-2006, SEC.85.
IN Code § 16-28-13-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-3. Crimes Barring Employment at Certain Health Care Facilities

Sec. 3. (a) A health care facility or an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility may not knowingly employ a person as a nurse aide or other unlicensed employee if one (1) or more of the following conditions exist:(1) The person has been convicted of any of the following:(A) A sex crime (IC 35-42-4).(B) Exploitation of an endangered adult (IC 35-46-1-12).(C) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).(D) Theft (IC 35-43-4), if the person's conviction for theft occurred less than five (5) years before the individual's employment application date, except as provided in IC 16-27-2-5(a)(5).(E) Murder (IC 35-42-1-1).(F) Voluntary manslaughter (IC 35-42-1-3).(G) Involuntary manslaughter (IC 35-42-1-4) within the previous five (5) years.(H) Felony battery within the previous five (5) years.(I) A felony offense relating to controlled substances within the previous five (5) years.(2) The person:(A) has abused, neglected, or mistreated a patient or misappropriated a patient's property; and(B) had a finding entered into the state nurse aide registry.(b) A person who knowingly or intentionally applies for a job as a nurse aide or other unlicensed employee at:(1) a health care facility; or(2) an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;after a conviction of one (1) or more of the offenses listed in subsection (a)(1) commits a Class A infraction.As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.1; P.L.108-1999, SEC.6.
IN Code § 16-28-13-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-4. Operator of Health Care Facility; Request for Nurse Aide Registry Report and Limited Criminal History

Sec. 4. (a) Except as provided in subsection (b), a person who:(1) operates or administers a health care facility; or(2) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;shall apply within three (3) business days from the date a person is employed as a nurse aide or other unlicensed employee for a copy of the person's state nurse aide registry report from the state department and a limited criminal history from the Indiana central repository for criminal history information under IC 10-13-3 or another source allowed by law.(b) A health care facility is not required to apply for the state nurse aide registry report and limited criminal history required by subsection (a) if the health care facility contracts to use the services of a nurse aide or other unlicensed employee who is employed by an entity in the business of contracting to provide nurse aides or other unlicensed employees to health care facilities.As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.2; P.L.108-1999, SEC.7; P.L.2-2003, SEC.51.
IN Code § 16-28-13-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees|16-28-13-5. Operator of Health Care Facility; Prohibition From Employing Person With Certain Convictions

Sec. 5. A person who:(1) operates or administers a health care facility; or(2) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;may not employ a person as a nurse aide or other unlicensed employee after receipt of the person's state nurse aide registry report if that person's report indicates that the person committed an offense under section (3)(a)(2) of this chapter and has been placed on the state nurse aide registry, or after receipt of the limited criminal history if that person's limited criminal history indicates that the person has been convicted of any of the offenses described in section 3(a)(1) of this chapter.As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.3; P.L.108-1999, SEC.8.