reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-7. License Fees

Sec. 7. The fee for a license as a health facility under this chapter is two hundred dollars ($200) for the first fifty (50) beds available and ten dollars ($10) for each additional bed available.
[Pre-1993 Recodification Citation: 16-10-4-12.]
As added by P.L.2-1993, SEC.11. Amended by P.L.227-2003, SEC.1.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-8. Notice Regarding Requests for Names of Nursing Personnel or Direct Care Staff

Sec. 8. (a) Each comprehensive care health facility shall post a notice that a resident, the legal representative of the resident, or another individual designated by the resident may request from the licensed nurse in charge of each shift information that designates the names of all nursing personnel on duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the health facility;
where the resident resides.
(b) The notice required under subsection (a) must meet the following conditions:
(1) Be posted in a conspicuous place that is readily accessible to residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the administrator of the health facility; and
(B) toll free telephone number for filing complaints with the state department.
(4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the information described in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following:
(A) Contact the administrator of the health facility.
(B) File a complaint with the state department by using the state department’s toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.108-2000, SEC.5.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-9. Semiannual Statistical Reports

Sec. 9. (a) The office of Medicaid policy and planning shall produce a statistical report semi-annually for each Medicaid certified comprehensive care health facility that lists the following information:
(1) The health facility’s case mix index for each quarter covered by the statistical report for which the office of Medicaid policy and planning maintains data.
(2) The number of total hours worked in the health facility by each classification of personnel for which the office of Medicaid policy and planning maintains data.
(3) The resident census of the health facility for which the office of Medicaid policy and planning maintains data.
(4) A calculation of the average case-mix-adjusted hours-per-resident-day ratio for each health facility by each classification of nursing personnel and the average hours-per-resident-day ratio for each health facility for all other personnel by category for which the office of Medicaid policy and planning maintains data.
(b) The office of Medicaid policy and planning shall provide a compilation of the statistical reports prepared under subsection (a) to the following:
(1) Each Medicaid certified comprehensive care health facility.
(2) The state department.
(3) The state ombudsman.
(4) Each area ombudsman.
(5) Each area agency on aging.
(c) Each Medicaid certified comprehensive care health facility shall:
(1) make available in a place that is readily accessible to residents and the public a copy of the compilation of statistical reports prepared under subsection (a); and
(2) post a notice that a copy of the compilation of statistical reports may be requested from the licensed nurse in charge of each shift.
(d) The notice required under subsection (c)(2) must meet the following conditions:
(1) Be posted in a conspicuous place that is readily accessible to residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the administrator of the health facility; and
(B) toll free telephone number for filing complaints with the state department.
(4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the compilation of statistical reports in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following:
(A) Contact the administrator of the health facility.
(B) File a complaint with the state department by using the state department’s toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.108-2000, SEC.6.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-10. Third Party Billing Notice

Sec. 10. A health facility that provides to a patient notice concerning a third party billing for a service provided to the patient shall ensure that the notice:
(1) conspicuously states that the notice is not a bill;
(2) does not include a tear-off portion; and
(3) is not accompanied by a return mailing envelope.
As added by P.L.178-2003, SEC.7.
2023 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.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-11.3. Residential Care Administrators; Requirements; Information to Be Provided to State Department

Sec. 11.3. (a) A residential care administrator must meet the requirements set forth in IC 25-19-1-2.5.
(b) A residential care facility shall notify, not later than three (3) working days, the state department of a vacancy in the residential care administrator position and the name of the replacement administrator.
(c) When a new residential care administrator begins employment with the residential care facility, the residential care facility shall provide the state department on a form prescribed by the state department with the following information concerning the residential care administrator:
(1) The full name of the administrator.
(2) The name, facility number, and address of the residential care facility for which the administrator is employed.
(3) The license number of the administrator.
(4) The email address of the administrator.
(5) The name of the previous administrator.
(6) The previous administrator's last date of employment.
(7) The license number of the previous administrator.
As added by P.L.149-2023, SEC.15.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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(c) 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. Amended by P.L.149-2023, SEC.16.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.