reglab/housing_qa huggingface dataset:
IN Code § 16-28-2-11 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2. Licensure of Health Facilities|16-28-2-11. Amendment of Rules on Licensure of Residential Care Facilities

Sec. 11. The state department shall amend rules concerning the licensure of a residential care facility to comply with federal law and regulation concerning the provision of home and community based services in the Medicaid program in order for a residential care facility to qualify as a home and community based services provider.As added by P.L.224-2017, SEC.9.
IN Code § 16-28-2-12 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2. Licensure of Health Facilities|16-28-2-12. Visitation of a Resident During a Declared Emergency; Public Health Emergency, or Crisis; Burden of Proof in Denial of Visitation

Sec. 12. (a) As used in this section, "facility" includes the following:(1) A health facility licensed under this article.(2) A residential care facility.(b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following:(1) End of life situations.(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.(3) A resident who is grieving the recent death of a family member or friend.(4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver.(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.(6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation.(7) A resident who is failing to thrive.(c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section.As added by P.L.142-2021, SEC.4.
IN Code § 16-28-2.5-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-1. Application

Sec. 1. This chapter does not apply to the conversion of acute care beds to comprehensive care beds under IC 16-29-3.As added by P.L.257-2015, SEC.4.
IN Code § 16-28-2.5-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-2. "Comprehensive Care Bed"

Sec. 2. (a) As used in this chapter, "comprehensive care bed" means a bed that:(1) is within a comprehensive care health facility licensed under IC 16-28-2;(2) functions as a bed within a comprehensive care health facility licensed under IC 16-28-2; or(3) is otherwise subject to this article.(b) The term does not include a comprehensive care bed that will be used solely to provide specialized services.As added by P.L.257-2015, SEC.4.
IN Code § 16-28-2.5-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-3. "Comprehensive Care Health Facility"

Sec. 3. As used in this chapter, "comprehensive care health facility" means a health facility that provides:(1) nursing care;(2) room;(3) food;(4) laundry;(5) administration of medications;(6) special diets; and(7) treatments;and that may provide rehabilitative and restorative therapies under the order of an attending physician.As added by P.L.257-2015, SEC.4.
IN Code § 16-28-2.5-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-4. "Replacement Facility"

Sec. 4. As used in this chapter, "replacement facility" means a new comprehensive care health facility licensed under or subject to this article after July 1, 2015, that:(1) is constructed to take the place of an existing comprehensive care health facility that is licensed before July 1, 2017;(2) is constructed within the same county as the existing comprehensive care health facility licensed before July 1, 2017; and(3) contains no more comprehensive care beds than the existing comprehensive care health facility licensed before July 1, 2017.As added by P.L.257-2015, SEC.4. Amended by P.L.217-2017, SEC.86.
IN Code § 16-28-2.5-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-5. "Under Development"

Sec. 5. As used in this chapter, "under development" refers to a health facility license application:(1) to add, construct, or convert comprehensive care beds in 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(2) that meets all the following:(A) Funding to construct the comprehensive care health facility has been secured and is actively being drawn upon or otherwise used to further and complete construction.(B) Zoning requirements have been met.(C) Complete construction design plans for the comprehensive care health facility have been submitted to the state department and the division of fire and building safety not later than March 1, 2015. The construction design plans must be an accurate and true depiction of the comprehensive care health facility that the applicant intends to construct. However, the construction design plans may be modified to make technical changes, correct errors and omissions, or comply with zoning or other requirements from a governmental entity.(D) Active and ongoing construction activities progressing to completion of the project are occurring at the project site.As added by P.L.257-2015, SEC.4.
IN Code § 16-28-2.5-6.5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-6.5. Exemptions From Moratorium on New Medicaid Certifications for Comprehensive Care Health Facilities

Sec. 6.5. A person may qualify for an exemption under section 6(b)(3) of this chapter, and the state department may approve a construction permit, a new or amended license to operate, or Medicaid certification for a comprehensive care health facility, if any of the following are met:(1) The applicant is a replacement facility, and the comprehensive care health facility that is being replaced by the replacement facility:(A) will no longer be licensed as a comprehensive care health facility sixty (60) days after the replacement facility obtains a license from the state department; and(B) transfers any of the comprehensive care beds, including the certification status of the beds, to the replacement facility.(2) The applicant is currently licensed to operate at least one (1) existing comprehensive care health facility, and the applicant has identified at least one (1) comprehensive care health facility that has agreed to transfer any of the comprehensive care health facility's comprehensive care beds, including the certification status of the beds to the applicant. A comprehensive care health facility transferring the licensure and certification of any comprehensive care beds to the applicant under this subdivision will no longer be licensed as a comprehensive care health facility sixty (60) days after the applicant obtains a license from the state department for additional comprehensive care beds.(3) The applicant will be constructing at least one (1) comprehensive care health facility and meets the following criteria:(A) The applicant has identified at least two (2) comprehensive care health facilities that have agreed to transfer any of the comprehensive care health facilities' beds, including the certification status of the comprehensive care beds, to the applicant's new comprehensive care health facility.(B) The number of comprehensive care health facilities seeking to transfer comprehensive care beds to an applicant exceeds the number of new comprehensive care health facilities being constructed by the applicant.(C) Unless granted an exception by both the state department and the office of Medicaid policy and planning, if a comprehensive care health facility seeking to transfer comprehensive care beds is located in a medically underserved area, as designated by the federal Health Resources & Services Administration, at least one (1) of the new comprehensive care health facilities must be constructed within five (5) minutes drive time or five (5) miles of the comprehensive care health facility that is located in the medically underserved area.(D) The comprehensive care health facility transferring a comprehensive care bed, including the certified status of the comprehensive care bed, is no longer licensed as a comprehensive care health facility sixty (60) days after the applicant obtains a license from the state department.As added by P.L.217-2017, SEC.88.
IN Code § 16-28-2.5-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-7. Small House Health Facilities; Application; Approval

Sec. 7. (a) A small house health facility that is applying for licensure under this article, including an entity related to the small house health facility through common ownership or control, may apply to the state department for licensure or Medicaid certification of not more than fifty (50) comprehensive care beds for small house health facilities per year.(b) The state department may not approve licensure or Medicaid certification of more than one hundred (100) new comprehensive care beds per year that are designated for small house health facilities.(c) The state department shall approve an application for licensure or Medicaid certification for a small house health facility:(1) in the order of the completed application date; and(2) if the small house health facility applicant meets the definition of a small house health facility and the requirements of this section.(d) A person that fails to complete construction and begin operation of a small house health facility within twelve (12) months after the state department's approval of a license under this article forfeits the person's right to any licensed or Medicaid certified comprehensive care bed that was previously approved by the state department if:(1) another person has applied to the state department for approval of licensed or Medicaid certified comprehensive care beds for a small house health facility; and(2) the person's application was denied for the sole reason that the maximum number of Medicaid licensed or certified comprehensive care beds specified in this section has been approved by the state department.As added by P.L.257-2015, SEC.4.
IN Code § 16-28-2.5-8 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 2.5. Licensure and Certification Limitations|16-28-2.5-8. Expiration

Sec. 8. This chapter expires on the date on which all rules required by the following have taken effect:(1) IC 16-29-7-13(f).(2) IC 16-29-7-14(d).(3) IC 16-29-7-19(a).As added by P.L.257-2015, SEC.4. Amended by P.L.217-2017, SEC.89; P.L.202-2018, SEC.7.
IN Code § 16-28-3-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 3. Probationary Licenses; Revocation of Licenses|16-28-3-1. Initiation of Proceedings; Procedure

Sec. 1. (a) The director may initiate a proceeding to issue a probationary license or to revoke a license issued under this article on any of the following grounds:(1) Breach of this article or rules adopted under this article.(2) Permitting, aiding, or abetting the commission of an act in the health facility or on the health facility's premises that is determined by a court to be illegal.(3) Conduct or practice found by the director to be detrimental to the welfare of the patients at the health facility.(4) Employing consecutively more than one (1) health facility administrator provisionally licensed under IC 25-19-1-3(b) during any twelve (12) month period.(b) The procedure governing an action taken under subsection (a) is governed by:(1) IC 4-21.5-3-8; or(2) IC 4-21.5-4.[Pre-1993 Recodification Citation: 16-10-4-11.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-3-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 3. Probationary Licenses; Revocation of Licenses|16-28-3-2. Issuance of Probationary Licenses

Sec. 2. The director may initiate a proceeding under section 1 of this chapter to issue a probationary license if the director determines that the revocation of an existing license would not be in the best interests of the patients of the health facility or in the best interests of the community served by that facility. The director shall state the requirements and orders that the health facility must comply with in order to receive a probationary license.[Pre-1993 Recodification Citation: 16-10-4-10(a).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-3-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 3. Probationary Licenses; Revocation of Licenses|16-28-3-3. Facilities Restricted to Probationary Licenses

Sec. 3. If a health facility is in breach of this article or rules adopted under this article by offenses or patterns of deficiencies detrimental to the best interests of the public, the patients, or the health facility profession, the only type of license that may be issued to the health facility is a probationary license.[Pre-1993 Recodification Citation: 16-10-4-10(b).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-3-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 3. Probationary Licenses; Revocation of Licenses|16-28-3-4. Duration of Probationary Licenses; Reissuance; Expiration of Other Licenses

Sec. 4. A probationary license may be issued for three (3) months. The probationary license may be reissued but not more than three (3) probationary licenses may be issued during a twelve (12) month period. The issuance of a probationary license results in the automatic expiration of any other license held under this article.[Pre-1993 Recodification Citation: 16-10-4-10(c).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-3-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 3. Probationary Licenses; Revocation of Licenses|16-28-3-5. License Fees

Sec. 5. The license fee for a probationary license is the same as the annual license fee charged for that class and size of facility.[Pre-1993 Recodification Citation: 16-10-4-10(d).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-1. Filing of Allegations; Form

Sec. 1. A person who believes that this article or rules adopted under this article have been breached may file an allegation of breach with the state department. The allegation must be in writing unless the breach complained of is an offense or a deficiency. An oral allegation of breach shall be reduced to writing by the state department.[Pre-1993 Recodification Citation: 16-10-4-14(a).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-2. Investigations

Sec. 2. The division shall promptly investigate the following:(1) A written allegation of breach received under this chapter.(2) An oral allegation of breach that the director, in the director's discretion, believes to have merit.[Pre-1993 Recodification Citation: 16-10-4-14(b).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-3. Referral to Licensing Boards

Sec. 3. The state department shall refer an allegation of breach received about licensed personnel at a health facility to the appropriate licensing board for review and possible disciplinary action.[Pre-1993 Recodification Citation: 16-10-4-14(c).]As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.25; P.L.197-2011, SEC.67.
IN Code § 16-28-4-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-4. Reporting to State Department

Sec. 4. A governmental unit that:(1) receives an allegation of breach alleging breach of this article or rules adopted under this article; or(2) has knowledge of facts constituting breach of this article or rules adopted under this article;shall report that allegation of breach or knowledge in writing to the state department while protecting the confidentiality of the alleging party and the patient.[Pre-1993 Recodification Citation: 16-10-4-14(d).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-5. Confidentiality

Sec. 5. (a) An allegation of breach filed with the state department under this article that is subsequently released to the health facility complained of or any member of the public shall not disclose the name or identifying characteristics of the alleging party or the patient who is the subject of the allegation of breach unless:(1) the alleging party or patient consents in writing to the disclosure; or(2) the investigation results in a judicial proceeding and disclosure is ordered by the court.(b) If disclosure is essential to the investigation, the alleging party shall be given the opportunity to withdraw the allegation of breach before disclosure.[Pre-1993 Recodification Citation: 16-10-4-14(e).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-6. Relicensure Considerations

Sec. 6. The report of a substantiated allegation of breach investigation, together with the response of the health facility and any enforcement action taken, shall be made a part of the health facility's record and shall be considered, together with the survey report, by the director at the time of relicensure of the facility.[Pre-1993 Recodification Citation: 16-10-4-14(f).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-4-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 4. Allegations of Breaches|16-28-4-7. Reporting of Investigation Results and Actions Taken

Sec. 7. Upon request of the alleging party the director shall report to the alleging party or the alleging party's designated relative, friend, or legal representative concerning the results of the investigation and the action taken.[Pre-1993 Recodification Citation: 16-10-4-14(g).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-5-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-1. Classification of Rules

Sec. 1. The executive board shall adopt rules under IC 4-22-2 to classify each rule adopted by the executive board to govern a health facility under this article into one (1) of the following categories:(1) An offense, which presents a substantial probability that death or a life-threatening condition will result.(2) A deficiency, which presents an immediate or a direct, serious adverse effect on the health, safety, security, rights, or welfare of a patient.(3) A noncompliance, which presents an indirect threat to the health, safety, security, rights, or welfare of a patient.(4) A nonconformance, which is any other classified breach not covered by subdivision (1), (2), or (3).[Pre-1993 Recodification Citation: 16-10-4-15.1(a).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.5.
IN Code § 16-28-5-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-2. Citations

Sec. 2. On a determination by the commissioner that a breach of this article or a rule adopted under this article has occurred, the director shall issue a citation under IC 4-21.5-3-6 to the administrator of the health facility in which the breach occurred. The citation must state the following:(1) The nature of the breach.(2) The classification of the breach.(3) The corrective actions required of the health facility to remedy the breach and to protect the patients of the facility.(4) Any penalty imposed on the facility.[Pre-1993 Recodification Citation: 16-10-4-15.1(b).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-5-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-3. Review of Citations

Sec. 3. A person aggrieved by a citation issued under this chapter may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.[Pre-1993 Recodification Citation: 16-10-4-15.1(c).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-5-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-5. Determination of Remedies

Sec. 5. (a) In determining appropriate remedies or waivers under section 4 of this chapter, the commissioner shall consider the following:(1) Whether the breach occurred for reasons outside of the health facility's control.(2) Whether the health facility has demonstrated that the health facility has taken the appropriate steps to reasonably ensure that the breach will not recur.(3) The history of breaches by the health facility.(4) The effect of the breach on the patient.(b) If the health facility furnishes sufficient relevant financial information, the commissioner may consider the following in determining appropriate remedies or waivers under section 5 of this chapter:(1) Whether any financial savings or benefit accrued to the health facility as a result of the breach.(2) The cost incurred by the health facility in correcting the breach.[Pre-1993 Recodification Citation: 16-10-4-16.]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.7.
IN Code § 16-28-5-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-6. Correction of Breaches; Time Allowed

Sec. 6. An order for immediate correction under section 4(b)(1) of this chapter shall state a specific date by which the correction shall be made. The date shall be set by the commissioner according to the circumstances of the breach but may not exceed five (5) days from the time the health facility receives written notification from the commissioner.[Pre-1993 Recodification Citation: 16-10-4-17(a).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-5-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-7. Corrective Period

Sec. 7. (a) A plan of correction submitted to the commissioner for approval and acceptance shall contain a fixed time within which the correction must be made.(b) When accepting or directing a corrective period, the commissioner shall consider the following:(1) A reasonable amount of time needed by a health facility to achieve compliance.(2) The effects of the continuing breach on patients.(3) Temporary measures that will be taken to protect patients during the time allowed for correction.[Pre-1993 Recodification Citation: 16-10-4-17(b) part, (e).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.8.