IN Code § 16-28-2.5-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-6. Approval by the State Department; Application

Sec. 6. (a) Except as provided in subsection (b), the state department may not approve the following:(1) The licensure of:(A) comprehensive care health facilities; or(B) new or converted comprehensive care beds.(2) The certification of new or converted comprehensive care beds for participation in the state Medicaid program unless the statewide comprehensive care bed occupancy rate is more than ninety-five percent (95%), as calculated annually on January 1 by the state department.(3) Transfer between any comprehensive care facilities of licensed comprehensive care beds or comprehensive care bed certifications for participation in the state Medicaid program.Beds in a health facility that provides residential nursing care under IC 16-28 may not be converted to comprehensive care beds.(b) This section does not apply to the following:(1) A comprehensive care health facility that:(A) is licensed under;(B) is to be licensed under;(C) is subject to; or(D) will be subject to;this article and that is under development as of July 1, 2015.(2) A small house health facility approved under section 7 of this chapter.(3) A comprehensive care health facility that meets the conditions set forth in section 6.5 of this chapter.(4) A continuing care retirement community that was registered under IC 23-2 before July 2, 2015, and that continuously maintains its registration under IC 23-2. If a continuing care retirement community fails to maintain registration under IC 23-2 after July 1, 2015, the comprehensive care beds, including beds certified for use in the state Medicaid program or the Medicare program, that the continuing care retirement community previously operated are not forfeited as long as the continuing care retirement community continues to comply with the licensure and certification requirements of this article.(5) A comprehensive care health facility or a comprehensive care bed that is to be added or certified in the state Medicaid program in a county where the county's comprehensive care bed occupancy rate exceeds ninety percent (90%), as calculated by the state department on January 1 and July 1 of each year. The number of comprehensive care beds allowed under this subdivision may not exceed either:(A) the number of beds that would cause the county occupancy rate to fall below the statewide average; or(B) seventy (70) comprehensive care beds per applicant.(6) A comprehensive care health facility that undergoes a change of ownership for purposes of:(A) the granting of a license by the state department to operate the comprehensive care health facility; and(B) the maintenance for any of the beds in the comprehensive care health facility, including Medicaid certified beds, by the entity granted a license by the state department.However, after the change of ownership, the comprehensive care health facility is subject to subsection (a) unless the comprehensive care health facility meets the requirements under another subdivision under this subsection.(c) The state department shall make the final determination concerning whether an entity has met or is meeting the requirements of this chapter concerning being under development.As added by P.L.257-2015, SEC.4. Amended by P.L.217-2017, SEC.87.