reglab/housing_qa huggingface dataset:
IN Code § 16-28-5-8 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-8. Plans of Correction; Actions; Notices of Rejection; Reports of Correction

Sec. 8. (a) A plan of correction may be:(1) accepted;(2) modified upon agreement between the commissioner and the health facility; or(3) rejected by the commissioner.(b) If a plan of correction is rejected, the commissioner:(1) shall send notice of the rejection and the reasons for the rejection to the health facility; and(2) may impose a directed plan of correction on the health facility.(c) If a breach was corrected before submission and approval of a plan of correction, the health facility may submit a report of correction in place of a plan of correction.[Pre-1993 Recodification Citation: 16-10-4-17(b) part.]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.9.
IN Code § 16-28-5-9 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-9. Modification of Plans of Correction

Sec. 9. (a) A directed plan of correction imposed on a health facility by the commissioner may also be modified upon agreement between the commissioner and the health facility.(b) A petition for modification of an approved plan of correction must be filed with the commissioner before the expiration of the correction time period approved by the commissioner. The burden of proof is on the petitioner to show good cause for not complying within the approved correction time.[Pre-1993 Recodification Citation: 16-10-4-17(c), (d).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.10.
IN Code § 16-28-5-10 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 5. Remedies for Breaches; Plans of Correction|16-28-5-10. Failure to Correct Breaches; Additional Penalties

Sec. 10. If:(1) a breach is not corrected within the time fixed by the order of correction or is not corrected within the time fixed by the plan of correction; and(2) an extension has not been granted under section 9 of this chapter;the commissioner may find a new breach that may be subject to the imposition of additional penalties as the class would warrant.[Pre-1993 Recodification Citation: 16-10-4-17(f).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-6-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6. Emergency Relocations of Patients|16-28-6-1. Relocation Orders

Sec. 1. In an emergency, the director may, with the approval of the commissioner, order the relocation of a patient from a health facility under IC 4-21.5-4.[Pre-1993 Recodification Citation: 16-10-4-18 part.]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-6-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6. Emergency Relocations of Patients|16-28-6-2. Relocation Rules

Sec. 2. The state department shall adopt rules governing the emergency relocation of patients that provide for the following:(1) Notice to the patient, the patient's next of kin, guardian, and physician of the emergency transfer and the reasons for the relocation.(2) Protections designed to ensure the welfare and desires of the patient.[Pre-1993 Recodification Citation: 16-10-4-18 part.]As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.26; P.L.197-2011, SEC.68.
IN Code § 16-28-6.5-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-1. "Facility" Defined

Sec. 1. As used in this chapter, "facility" includes the following:(1) A health facility licensed under this article.(2) A residential care facility.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-2. Adoption of Standards and Guidelines on the Essential Family Caregiver Program

Sec. 2. The state department shall adopt standards and guidelines concerning the essential family caregiver program to be implemented during a declared emergency or a public health emergency for the purpose of establishing protocols for a facility to designate a person chosen by a resident or a resident's designated representative to assist the facility in providing care to the resident that was previously provided by the person before restrictions were placed on visitation due to a declared emergency or a public health emergency when visitation is limited or restricted. Either:(1) the resident; or(2) if the individual has been deemed to be incapacitated or is a resident of a memory care unit, the resident's designated representative;shall make the determination. The facility shall allow at least two (2) individuals per resident to be designated, and the resident or the resident's designated representative shall determine the identity of the primary essential family caregiver to serve as the resident's main point of contact for communication and care coordination.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-3. Required Participation in Program; Information to Residents and Representatives; Discretion in Designation; Reconsideration of Denial

Sec. 3. (a) A facility shall participate in the essential family caregiver program established and maintained by the state department under section 2 of this chapter.(b) A facility shall inform residents of the facility and a resident's designated representative of the essential family caregiver program and the process for being designated as a resident's essential family caregiver. The facility's requirements concerning participation in the program and applying for the designation must be in writing.(c) The administrator of a facility, or the administrator's designee, shall have the discretion to determine whether to designate a person to be an essential family caregiver for a resident. The facility has the burden of proof in justifying the facility's decision to deny the designation for a person that applies to be an essential family caregiver for a resident under this chapter. If a health facility denies the designation of a person as an essential family caregiver, the health facility must provide the denial to the person in writing with an explanation of the reason for the denial.(d) The administrator of a facility or the administrator's designee shall:(1) factor in the current status of the facility concerning the declared emergency or public health emergency in determining whether to designate an individual as an essential family caregiver for a resident; and(2) determine, not later than seven (7) days after receipt of the application, and in consultation with staff of the facility who provide care to the resident, each designation on a case by case basis and as part of an individualized care plan for a resident.(e) If an applicant is denied designation as an essential family caregiver by the administrator, the applicant may request in writing that the administrator reconsider designating the applicant as an essential family caregiver. An individual whose application is still denied after reconsideration may report the denial in writing to the state department or the long term care ombudsman if the individual believes that the denial is in violation of this chapter.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-4. Requirements for Designation

Sec. 4. To be designated as an essential family caregiver of a resident, an individual must at least meet the following:(1) Is at least eighteen (18) years of age.(2) Either:(A) before the declared emergency or public health emergency that resulted in the placement of visitation restrictions, regularly engaged with the resident on average at least two (2) times per week to provide care or support to the resident, including help with meal set up, grooming, and companionship; or(B) if the resident is a new resident to the facility during a declared emergency or public health emergency, previously provided care to the resident.(3) Has taken and passed any screening test or other testing required for the declared emergency or public health emergency, and agrees to continue to take any required testing throughout the emergency when requested.(4) Agrees to take any precautionary measures, including hand hygiene and the wearing of a mask or other personal protective equipment required by the facility.(5) Agrees to only enter the resident's room and designated areas of the facility.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-5. Resident Agreement of Designation

Sec. 5. A resident or a resident's designated representative must agree to a designation of an individual as the resident's essential family caregiver before the designation may occur. The resident or resident's designated representative may revoke the agreement concerning a designated essential family caregiver at any time.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-6. Requirements of Facility; Reasonable Visitation Times; Copy of Plan

Sec. 6. (a) If a facility designates an individual as an essential family caregiver for a resident, the following must occur:(1) The facility must set forth in writing the hours of visitation and the length of time of the visitation.(2) The facility shall provide a written list of the rules that the designee must follow, and the designee shall attest to the receipt of and agreement to the rules.(3) An individualized plan shall be developed by the facility, resident, resident's designated representative, and each designee for each designation that:(A) specifies the responsibilities of all parties;(B) is maintained in the resident's file;(C) is provided to both the resident and the designated essential family caregiver;(D) is developed for both in-person outdoor and indoor visitation, and virtual visits when the essential family caregiver is unable or prohibited from entry due to illness; and(E) reflects the preferences of the resident and the essential family caregiver while adhering to all state and federal guidelines concerning visitation.(b) A facility and essential family caregiver shall work together to ensure reasonable visitation times are set in a manner that provides an essential family caregiver the ability to visit the resident.(c) Upon request of the resident, the resident's designated representative, the resident's family, or the resident's legal representative, the facility shall provide a copy of the individual's plan described in this section to the long term care ombudsman.As added by P.L.142-2021, SEC.5. Amended by P.L.220-2021, SEC.8.
IN Code § 16-28-6.5-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-7. Restrictions of Established Plan of Visitation

Sec. 7. A facility may restrict an established plan of visitation by an essential family caregiver for any of the following:(1) The essential family caregiver's violation of the rules set forth in the individualized plan established under section 6 of this chapter.(2) The essential family caregiver's positive screening test for a length of time, as established by federal or state guidelines.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-8 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-8. Facility Notification of Noncompliance; Enforcement Action by State Department

Sec. 8. (a) If a facility is unable to comply with this chapter or any requirements for the program established by the state department, the facility shall notify the state department of the reason the facility may not comply with the program and what the facility needs in order to comply with the program.(b) The state department may take enforcement action against a facility as determined by rules adopted under section 9 of this chapter.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-9 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-9. Rules

Sec. 9. The state department may adopt rules under IC 4-22-2 concerning the essential family caregiver program, including:(1) the oversight and enforcement of the essential family caregiver program;(2) the establishment of requirements for plans for correction for a violation by a facility under this chapter; and(3) reporting of the participation in the essential family care giver program, compassionate care program, and general visitation.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-6.5-10 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 6.5. Essential Family Caregiver Program|16-28-6.5-10. Immunity; Exception

Sec. 10. (a) A facility, its employees, and contractors are immune from civil liability for an injury or harm caused by or resulting from:(1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency declared under IC 10-14-3-12; or(2) acts or omissions by visitors who are present in the facility;as a result of the implementation of the protocols under this chapter.(b) The immunity described in subsection (a) does not apply to any act or omission that constitutes gross negligence or willful or wanton misconduct.As added by P.L.142-2021, SEC.5.
IN Code § 16-28-7-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-1. Placement of Monitors

Sec. 1. The director may issue an order under IC 4-21.5 to place a monitor in a health facility if:(1) the health facility is operating without a license;(2) the existing license of a health facility has been revoked or not renewed;(3) the:(A) director has initiated revocation procedures or has placed the health facility on a probationary license; and(B) director has determined that the health, safety, security, rights, or welfare of the patients cannot be adequately assured during the pendency of such procedures or during the term of a probationary license; or(4) the health facility is closing or plans to close and adequate arrangements for relocation of the patients have not been made at least thirty (30) days before the date of closure.[Pre-1993 Recodification Citation: 16-10-4-19(a).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-7-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-2. Appealability of Orders

Sec. 2. An order issued under section 1 of this chapter may be appealed under IC 4-21.5.[Pre-1993 Recodification Citation: 16-10-4-19(b).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-7-3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-3. Licensing and Duties of Monitors Who Are Not State Employees

Sec. 3. A monitor who is not a state employee and who is placed in a health facility under this chapter:(1) must be licensed under IC 25-19-1;(2) shall serve as a consultant to the administrator concerning the operation of the health facility; and(3) shall submit a written report to the director on the operation of the health facility and the status and condition of the patients.[Pre-1993 Recodification Citation: 16-10-4-19(c).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.11.
IN Code § 16-28-7-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-4. Placement Costs for Monitors Who Are Not State Employees

Sec. 4. (a) A health facility shall pay the costs of placing a monitor who is not a state employee in the health facility under this chapter unless it is determined by a final order under IC 4-21.5 that the placement of the monitor was not needed. The state shall reimburse the costs if it is determined the monitor is unneeded.(b) If the state department has reason to believe that the health facility is not financially able to pay the cost of a monitor in the health facility and the health facility and office of Medicaid policy and planning verify the health facility's insolvency, the state department may authorize money from fines paid under this article to be used to pay the costs of placing a monitor who is not a state employee in the health facility.[Pre-1993 Recodification Citation: 16-10-4-19(d).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.12; P.L.218-1999, SEC.1.
IN Code § 16-28-7-4.3 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-4.3. Placement Costs, Licensing, and Duties of Monitors Who Are State Employees

Sec. 4.3. The costs of placing a monitor in a health facility under this chapter shall be paid by the state if the monitor is a state employee. A state employee who is placed in a health facility as a monitor:(1) is not required to be licensed under IC 25-19-1;(2) does not serve as a consultant to the administrator of the health facility; and(3) must report to the director on the operation of the health facility and the status and condition of the patients.As added by P.L.179-1993, SEC.13.
IN Code § 16-28-7-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 7. Monitors|16-28-7-5. Confidentiality

Sec. 5. Except as required by sections 3 and 4.3 of this chapter, the monitor shall observe the strict confidentiality of the operating policies, procedures, employment practices, financial information, and all similar business information of the health facility. An individual who violates this section:(1) commits a Class A misdemeanor; and(2) is prohibited from serving as a monitor under this chapter for five (5) years.[Pre-1993 Recodification Citation: 16-10-4-19(e).]As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.14.
IN Code § 16-28-8-0.5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-0.5. Cost of Receivership

Sec. 0.5. As used in this chapter, "cost of receivership" may include the costs of placing a receiver in a health facility and all reasonable expenditures and attorney's fees incurred by the receiver to operate the health facility while the health facility is in receivership.As added by P.L.29-2002, SEC.2.
IN Code § 16-28-8-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-1. Petitions for Receivership

Sec. 1. The director may, after consultation with the commissioner, request the attorney general to petition the circuit or superior court of the county in which a health facility is located to place the facility in receivership to protect the patients in the facility.[Pre-1993 Recodification Citation: 16-10-4-20(a).]As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.27; P.L.197-2011, SEC.69.
IN Code § 16-28-8-2 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-2. Conditions for Receivership

Sec. 2. The court may order a health facility placed in receivership in the following circumstances:(1) The facility is operating without a license.(2) The license of the facility has expired or been revoked.(3) The facility is closing or plans to close and adequate arrangements have not been made for the orderly transfer of patients at least thirty (30) days before closing.(4) The facility is operating under extraordinary conditions that present a major threat to the health, safety, security, rights, or welfare of a facility's patients, including imminent abandonment of the facility by the owner.[Pre-1993 Recodification Citation: 16-10-4-20(b).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-8-4 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-4. Receivers; Qualifications; Powers and Duties

Sec. 4. A receiver:(1) must be licensed under IC 25-19-1 and may be a state employee;(2) must possess the education and experience necessary, as determined by the director, to oversee correction of the deficiencies of the facility;(3) must not have been found guilty of misconduct by any licensing board or professional society in the state;(4) must not have (or a member of the receiver's immediate family must not have) a financial ownership interest in the facility;(5) has the powers and duties granted by the court to protect the interests of the patients in the health facility, which may include providing for the orderly relocation of patients from the health facility and the refusal to admit new patients pending closure; and(6) must report to the director on the operation of the facility and the status and condition of the patients.[Pre-1993 Recodification Citation: 16-10-4-20(d).]As added by P.L.2-1993, SEC.11. Amended by P.L.210-1999, SEC.1.
IN Code § 16-28-8-5 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-5. Operation of Facilities

Sec. 5. Unless a health facility is ordered to be closed within one hundred twenty (120) days, the receiver shall operate the health facility subject to the same standard and rate criteria that apply to all health facilities licensed under IC 16-28-2.[Pre-1993 Recodification Citation: 16-10-4-20(e).]As added by P.L.2-1993, SEC.11.
IN Code § 16-28-8-6 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-6. Bond

Sec. 6. (a) Before beginning duties as a receiver, the receiver must execute a bond, with one (1) or more sureties approved by the court, to the effect that the receiver will:(1) faithfully discharge the duties of the receiver while operating the health facility; and(2) obey the orders of the court.(b) The health facility shall pay the cost of the bond required of the receiver.(c) Upon:(1) the court's approval of the receiver's final report that the conditions that presented a major threat to the patients in the health facility have been corrected or that the health facility has closed; and(2) the receiver's compliance with the court's order made on the final report;the receiver and the surety on the receiver's bond are fully discharged for all matters related to the final report.As added by P.L.210-1999, SEC.2.
IN Code § 16-28-8-7 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 8. Receivership|16-28-8-7. Costs of Receivership; Receiver Who Is a State Employee; State Paid Cost of Receivership Preferred

Sec. 7. (a) The costs of the receivership shall be determined by the court and shall be paid by the owner or operator of the health facility.(b) If the receiver is a state employee, the state shall pay the receiver's salary.(c) Any cost of receivership paid by the state for the receivership of a health facility is a preferred claim against the receivership estate. The state may file a claim against the health facility or the health facility's assets and resources for recovery of any administrative expense incurred by the state under this chapter.(d) Any asset or resource of the health facility may be used to:(1) fund the cost of receivership; and(2) reimburse any expenditure made by the state under this chapter.As added by P.L.210-1999, SEC.3. Amended by P.L.29-2002, SEC.3.
IN Code § 16-28-9-1 (2021)
2021 Indiana Code|Title 16. Health|Article 28. Health Facilities|Chapter 9. Penalties|16-28-9-1. Investigations and Reports

Sec. 1. The division shall investigate a report of an unlicensed health facility operation and report the division's findings to the attorney general.[Pre-1993 Recodification Citation: 16-10-4-21 part.]As added by P.L.2-1993, SEC.11.