reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-12. Failure to Pay Fee; Penalties

Sec. 12. (a) The state department shall do the following:
(1) Notify each nursing facility and each health facility reported under section 11 of this chapter that the nursing facility's license or health facility's license under IC 16-28 will be revoked if the patient day information is not submitted or the quality assessment fee is not paid.
(2) Revoke the nursing facility's license or health facility's license under IC 16-28 if the nursing facility or the health facility fails to submit the patient day information or fails to pay the quality assessment fee.
(b) An action taken under subsection (a)(2) is governed by:
(1) IC 4-21.5-3-8; or
(2) IC 4-21.5-4.
As added by P.L.229-2011, SEC.162.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-13. Review; Implementation of Chapter

Sec. 13. The interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 shall review the implementation of this chapter.
As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.216; P.L.53-2014, SEC.134.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-14. Expiration

Sec. 14. This chapter expires June 30, 2025.
As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.217; P.L.217-2017, SEC.90; P.L.108-2019, SEC.204; P.L.165-2021, SEC.147; P.L.201-2023, SEC.149.
2023 Indiana Code › Title 16. Health › Article 28.5. Housing With Services Establishment › Chapter 1. Definitions › 16-28.5-1-3. "Memory Care Services"

Sec. 3. "Memory care services" means care provided to a person diagnosed with Alzheimer's disease, a related disorder, or dementia who resides in a health facility or a housing with services establishment that locks, secures, segregates, or provides a special program or special unit for residents with Alzheimer's disease, related disorders, or dementia.
As added by P.L.147-2023, SEC.12.
2023 Indiana Code › Title 16. Health › Article 28.5. Housing With Services Establishment › Chapter 2. Requirements › 16-28.5-2-1. Requirements if Memory Care Services Offered

Sec. 1. A housing with services establishment that offers memory care services must meet the following standards:
(1) Memory care services must be tailored to the resident and consistent with current evidence based dementia care practices.
(2) The housing with services establishment must develop and implement policies and procedures to address residents who are at risk of elopement from the housing with services establishment.
(3) The housing with services establishment must use appropriate safety devices to protect residents who are at risk of leaving the premises.
(4) The housing with services establishment must retain records of the memory care service residents, including a current picture of the resident, in accordance with applicable laws.
(5) The housing with services establishment must have written policies for memory care residents concerning:
(A) admission criteria;
(B) assessment and service planning;
(C) staffing, including special training for the memory service facility's employees;
(D) description of physical environment, including safety and security features;
(E) discharge criteria and procedures; and
(F) procedures for emergency situations.
As added by P.L.147-2023, SEC.12.
2023 Indiana Code › Title 16. Health › Article 28.5. Housing With Services Establishment › Chapter 2. Requirements › 16-28.5-2-2. Registration With Division of Aging

Sec. 2. A housing with services establishment that offers memory care services must register with the division of aging established by IC 12-9.1-1-1.
As added by P.L.147-2023, SEC.12.
2023 Indiana Code › Title 16. Health › Article 28.5. Housing With Services Establishment › Chapter 3. Penalties › 16-28.5-3-1. Fines

Sec. 1. The state department may impose fines not to exceed ten thousand dollars ($10,000) against a housing with services establishment that fails to comply with the requirements in this article.
As added by P.L.147-2023, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 1. Repealed

[Pre-1993 Recodification Citations:
16-29-1-1formerly 16-10-4-9.1(a), (b)16-29-1-2formerly 16-10-4-9.1(c), (d)16-29-1-3formerly 16-10-4-9.1(e) part16-29-1-4formerly 16-10-4-9.1(e) part16-29-1-5formerly 16-10-4-9.1(e) part16-29-1-6formerly 16-10-4-9.1(f)16-29-1-7formerly 16-10-4-9.1(g)16-29-1-8formerly 16-10-4-9.1(h), (i)16-29-1-9formerly 16-10-4-9.1(j), (k)16-29-1-10formerly 16-10-4-9.1(l)16-29-1-11formerly 16-10-4-9.1(m), (n), (o)16-29-1-12formerly 16-10-4-9.1(p)16-29-1-13formerly 16-10-4-9.1(q)16-29-1-14formerly 16-10-4-9.1(r)16-29-1-15formerly 16-10-4-9.3 part; 16-10-4-9.416-29-1-16formerly 16-10-4-9.1(s).]
Repealed by P.L.1-2001, SEC.51.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-1. "Comprehensive Care Bed" Defined

Sec. 1. As used in this chapter, "comprehensive care bed" means a comprehensive care bed that is used solely for a patient who has been diagnosed as having one (1) of the following conditions:
(1) Medically stable twelve (12) to twenty-four (24) hours each day and ventilator dependent.
(2) Medically stable brain and high spinal cord traumatized or has a major progressive neuromuscular disease.
(3) Infected by the human immunodeficiency virus (HIV).
[Pre-1993 Recodification Citation: 16-10-4-9.5(a).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-2. Application for Specialized Services Comprehensive Care Beds

Sec. 2. An applicant may file an application with the state department for the addition or conversion of beds to comprehensive care beds to be used solely for providing specialized services to patients who have a diagnosis described in section 1 of this chapter.
[Pre-1993 Recodification Citation: 16-10-4-9.5(b).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-3. Review of Applications for Beds to Be Certified for Participation in State or Federal Reimbursement Program

Sec. 3. The state department shall review all applications for a certificate of need for comprehensive care beds under this chapter that are to be certified for participation in a state or federal reimbursement program, including programs under Title XVIII or Title XIX of the Social Security Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.).
[Pre-1993 Recodification Citation: 16-10-4-9.5(c).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-4. Findings and Recommendations

Sec. 4. (a) The state department shall make a finding based on information prepared by the state department in accordance with IC 16-30 and any other relevant information about the need for the comprehensive care beds under this chapter or the certification of comprehensive care beds as requested in the application.
(b) The state department shall recommend and approve a certificate of need for additional comprehensive care beds or the certification of comprehensive care beds only after finding that the certification or addition of comprehensive care beds in the county is necessary and that the applicant for a certificate of need has illustrated or documented the applicant's experience or capacity to provide quality, effective, and efficient care that includes a description of any past or current adverse licensure action against any facility owned, operated, or managed by the applicant.
[Pre-1993 Recodification Citation: 16-10-4-9.5(d).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-5. Review and Approval Requirement Under Certain Circumstances

Sec. 5. (a) Comprehensive care beds may not be constructed or added and beds may not be converted to comprehensive care beds without the review and approval required in this chapter.
(b) Comprehensive care beds that are not certified for participation in a state or federal reimbursement program, including programs under Title XVIII or Title XIX of the federal Social Security Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.), shall not be certified without the review and approval required in this chapter.
(c) The review and approval required in this chapter is a condition to the licensure of the facility.
[Pre-1993 Recodification Citation: 16-10-4-9.5(e).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-6. Certificate of Need Voidable; Conditions

Sec. 6. A certificate of need for a project to construct, add, or convert beds that receives final approval of the state department under this chapter or IC 16-10-4 (before its repeal) becomes void eighteen (18) months after the determination becomes final unless the following conditions are met:
(1) Construction plans for the project are approved by the state department and the department of fire and building safety.
(2) The applicant has completed construction of the project's foundation in conformity with the approved plans as certified by an independent architect licensed under IC 25-4 or an independent professional engineer licensed under IC 25-31.
(3) Construction work on the project is continuous and in conformity with the approved plans.
[Pre-1993 Recodification Citation: 16-10-4-9.5(f).]
As added by P.L.2-1993, SEC.12. Amended by P.L.1-1993, SEC.170.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-7. Ownership Interest in Certificates of Need; Transfer or Alienation

Sec. 7. The individual, partnership, corporation, or other legal entity to whom a certificate of need has been granted after the review and approval required by this chapter is the owner of the certificate of need until the individual or legal entity transfers or alienates that ownership interest in the certificate. Unless the certificate of need expires or is voided, the issued certificate of need is the personal property of the owner and is freely transferable or alienable, except that the certificate of need may not be used outside of the county with respect to which the certificate was issued.
[Pre-1993 Recodification Citation: 16-10-4-9.5(g).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 2. Specialized Services › 16-29-2-8. Rules; Fees

Sec. 8. (a) The state department shall adopt rules under IC 4-22-2 to implement this chapter and to establish a reasonable fee for filing and review of an application under this chapter. Notwithstanding IC 16-21-1-9 or IC 16-21-1-10, a rule adopted under this chapter may not be waived.
(b) Fees imposed in connection with the certificate of need review under this article are payable to the state department for use in administration of the certificate of need program created by this chapter.
[Pre-1993 Recodification Citation: 16-10-4-9.5(h).]
As added by P.L.2-1993, SEC.12. Amended by P.L.156-2011, SEC.28.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 3. Hospital Conversion of Beds › 16-29-3-1. Conversion of Acute Care Beds to Comprehensive Care Beds to Be Certified for Participation in State or Federal Reimbursement Program

Sec. 1. A hospital licensed under IC 16-21-2 may convert:
(1) not more than thirty (30) acute care beds to skilled care comprehensive long term care beds; and
(2) not more than an additional twenty (20) acute care beds to either intermediate care comprehensive long term care beds or skilled care comprehensive long term care beds;
that are to be certified for participation in a state or federal reimbursement program, including a program under Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the state Medicaid program, if those beds will function essentially as beds licensed under IC 16-28.
[Pre-1993 Recodification Citation: 16-10-4-9.2(a).]
As added by P.L.2-1993, SEC.12. Amended by P.L.96-2006, SEC.1.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 3. Hospital Conversion of Beds › 16-29-3-2. License Requirement

Sec. 2. If the number of comprehensive care beds in a hospital licensed under IC 16-21-2 that function essentially as beds licensed under IC 16-28 exceeds fifty percent (50%) of the beds in the hospital, the comprehensive care beds must be licensed under IC 16-28.
[Pre-1993 Recodification Citation: 16-10-4-9.2(b).]
As added by P.L.2-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 3. Hospital Conversion of Beds › 16-29-3-3. Administrative Review

Sec. 3. A decision of the state department under this chapter is subject to review under IC 4-21.5. IC 16-28-10 applies to review hearings and appeals.
[Pre-1993 Recodification Citations: 16-10-4-9.3 part; 16-10-4-9.4.]
As added by P.L.2-1993, SEC.12. Amended by P.L.156-2011, SEC.29; P.L.197-2011, SEC.70.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 4. Icf/iid Beds › 16-29-4-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) The conversion of existing health facility beds to ICF/IID beds.
(2) The construction of new ICF/IID facilities after June 30, 1987.
[Pre-1993 Recodification Citation: 16-10-4-9(f) part.]
As added by P.L.2-1993, SEC.12. Amended by P.L.35-2016, SEC.81.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 4. Icf/iid Beds › 16-29-4-2. "Icf/iid"

Sec. 2. (a) As used in this chapter, "ICF/IID" refers to an intermediate care facility for individuals with intellectual disabilities.
(b) The term does not include a facility administered under IC 12-11-1.1 or IC 12-22-2.
[Pre-1993 Recodification Citation: 16-10-4-9(g).]
As added by P.L.2-1993, SEC.12. Amended by P.L.272-1999, SEC.50; P.L.35-2016, SEC.82.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 4. Icf/iid Beds › 16-29-4-3. Preliminary Approval of Proposed Project

Sec. 3. Before the conversion of existing health facility beds to ICF/IID beds or the construction of a new ICF/IID facility, the state department may issue a preliminary approval of the proposed project, but only if the state department determines that there is an insufficient number of available beds to care for all the persons who are determined under IC 12-11-2.1 to be appropriate for placement in an ICF/IID facility.
[Pre-1993 Recodification Citation: 16-10-4-9(f) part.]
As added by P.L.2-1993, SEC.12. Amended by P.L.272-1999, SEC.51; P.L.156-2011, SEC.30; P.L.197-2011, SEC.71; P.L.6-2012, SEC.118; P.L.141-2014, SEC.14; P.L.35-2016, SEC.83.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 4. Icf/iid Beds › 16-29-4-4. Number of Beds; Limit; Licensing of Facility

Sec. 4. A proposed project that receives preliminary approval under this chapter may not add more beds than the number determined by the state department to be necessary to provide an available bed for each person determined under IC 12-11-2.1 to be appropriate for placement in an ICF/IID facility. Upon completion of the proposed project and compliance with the other requirements for licensure under IC 16-28, the state department shall issue a license to the facility.
[Pre-1993 Recodification Citation: 16-10-4-9(f) part.]
As added by P.L.2-1993, SEC.12. Amended by P.L.272-1999, SEC.52; P.L.156-2011, SEC.31; P.L.197-2011, SEC.72; P.L.6-2012, SEC.119; P.L.141-2014, SEC.15; P.L.35-2016, SEC.84.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 5. Miscellaneous Provisions › 16-29-5-1. Compulsory Medical Treatment or Examination Not Required

Sec. 1. This article does not authorize or require any form of compulsory medical treatment or physical or mental examination of any person who:
(1) is a resident, a guest, a patient, an employee, a registrant, or an enrollee of an exempt institution specified in IC 16-18-2-167(c); and
(2) is being treated by prayer or spiritual means alone for healing;
or deny to the person the right to rely solely upon prayer or spiritual means by receiving only the treatment given by an accredited practitioner of the religious denomination known as the Church of Christ, Scientist, if the laws pertaining to the safe condition of the premises, cleanliness of the operation of the premises, and the physical equipment on the premises are complied with.
[Pre-1993 Recodification Citation: 16-10-4-28.]
As added by P.L.2-1993, SEC.12. Amended by P.L.2-1995, SEC.71.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-2. "Comprehensive Care Bed"

Sec. 2. (a) As used in this chapter, "comprehensive care bed" means a bed in a comprehensive care health facility that:
(1) is licensed or is to be licensed under IC 16-28-2; or
(2) functions as a bed licensed under IC 16-28-2.
(b) The term does not include comprehensive care beds in a hospital licensed under IC 16-21-2.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-3. "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.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-4. "Total Comprehensive Care Bed Days Available at Comprehensive Care Health Facilities"

Sec. 4. (a) As used in this chapter, "total comprehensive care bed days available at comprehensive care health facilities" refers to the sum of:
(1) all licensed comprehensive care beds at comprehensive care health facilities in the state that filed a Medicaid cost report; plus
(2) all licensed comprehensive care beds at comprehensive care health facilities in the state that only filed a Medicare cost report;
in a reporting year.
(b) The reporting year for each comprehensive care health facility must:
(1) correspond to the same cost report year as the year used to determine the total statewide inpatient days; and
(2) include only the number of calendar days that the comprehensive care health facility was authorized to provide care and was providing services.
(c) The term does not include comprehensive care beds in a hospital licensed under IC 16-21-2.
As added by P.L.202-2018, SEC.8. Amended by P.L.215-2018(ss), SEC.5.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-5. "Total Statewide Inpatient Days"

Sec. 5. As used in this chapter, "total statewide inpatient days" means the sum of:
(1) the inpatient days for all payor sources for all comprehensive care health facilities that filed a Medicaid cost report; plus
(2) the inpatient days for all payor sources for all comprehensive care health facilities that only file a Medicare cost report;
for the cost report year two (2) years prior to the year in which a county comprehensive care bed need is published for a review period.
As added by P.L.202-2018, SEC.8. Amended by P.L.215-2018(ss), SEC.6.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-6. Establishment of Comprehensive Care Health Facility Certificate of Need Program

Sec. 6. The comprehensive care health facility certificate of need program is established for the purpose of permitting movement between counties of existing comprehensive care beds based upon demographic need. The state department shall implement and administer the program.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-7. Calculation of Total Statewide Comprehensive Care Bed Supply Rate and Total County Comprehensive Care Bed Supply; Projected Statewide Population and Those Over 65 Years Old; Publication of Projections

Sec. 7. (a) The commissioner or the commissioner's designee shall calculate the total statewide comprehensive care bed supply rate and the total county comprehensive care bed supply by determining the number of licensed comprehensive care beds aggregated statewide by county.
(b) The commissioner or the commissioner's designee shall determine the projected statewide population and the projected county population that are at least sixty-five (65) years of age by using census bureau data or a similar data source for the year that is at least two (2) years after the year in which a county comprehensive care bed need is published for a review period.
(c) The state department shall publish the projections determined under this section on the state department's web site.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-8. Calculation of State Comprehensive Care Bed Need Rate; Consultation

Sec. 8. (a) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate as follows:
STEP ONE: Divide:
(A) the total statewide inpatient days; by
(B) the total comprehensive care bed days available at comprehensive care health facilities;
to determine the statewide comprehensive care bed occupancy rate.
STEP TWO: Multiply the statewide comprehensive care bed occupancy rate determined in STEP ONE by the total statewide comprehensive care bed supply as determined under section 7(a) of this chapter to determine the total statewide number of comprehensive care beds occupied.
STEP THREE: Divide:
(A) the total statewide number of comprehensive care beds occupied determined in STEP TWO; by
(B) ninety percent (90%);
to determine the total statewide number of comprehensive care beds needed.
STEP FOUR: Divide:
(A) the total statewide number of comprehensive care beds needed as determined in STEP THREE; by
(B) the projected statewide population that is at least sixty-five (65) years of age as determined under section 7(b) of this chapter.
STEP FIVE: Multiply the number determined in STEP FOUR by one thousand (1,000) to determine the state comprehensive care bed need rate.
(b) The state comprehensive care bed need rate determined in STEP FIVE of subsection (a) shall be expressed as the number of comprehensive care beds per one thousand (1,000) persons who are at least sixty-five (65) years of age.
(c) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate and may consult with third party private sector entities with expertise in Medicare and Medicaid cost reports.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-9. Calculation of the County Comprehensive Care Bed Need; Consultation

Sec. 9. (a) The commissioner or the commissioner's designee shall calculate the county comprehensive care bed need as follows:
STEP ONE: Divide the projected county population that is at least sixty-five (65) years of age as determined under section 7(b) of this chapter by one thousand (1,000).
STEP TWO: Multiply the amount determined in STEP ONE by the state comprehensive care bed need rate calculated in section 8(a) of this chapter to determine the number of comprehensive care beds needed for the county per one thousand (1,000) people who are at least sixty-five (65) years of age.
STEP THREE: Subtract the comprehensive care bed supply for the county as determined under section 7(a) of this chapter from the amount determined in STEP TWO to determine the county comprehensive care bed need.
(b) The commissioner or the commissioner's designee shall calculate the county comprehensive care bed need and may consult with third party private sector entities with expertise in Medicare and Medicaid cost reports.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-10. Prohibition on the Adding, Transferring, and Conversion of Comprehensive Care Beds; Prohibition on Medicaid Certification; Prohibition on Construction of Comprehensive Care Health Facilities

Sec. 10. Except as allowed in this chapter and under IC 16-28-2.5 until its expiration:
(1) comprehensive care beds may not be added;
(2) comprehensive care beds may not be transferred;
(3) certification of a comprehensive care bed to participate in the state Medicaid program may not be added or transferred;
(4) comprehensive care health facilities may not be constructed; and
(5) beds may not be converted to comprehensive care beds.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-11. Develop and Review Applications for Certificate of Need; Applications

Sec. 11. (a) The commissioner or the commissioner's designee shall develop and review applications for certificate of need.
(b) The commissioner or the commissioner's designee shall accept for review only the following applications for certificate of need, if an application is attributable solely to the relocation of an existing comprehensive care bed from a county that has an excessive comprehensive care bed supply to a county of comprehensive care bed need:
(1) Applications to transfer at least one (1) comprehensive care bed.
(2) Applications to construct a new comprehensive care health facility consisting of transferred beds.
Applications to add comprehensive care beds, certify comprehensive care beds to participate in the state Medicaid program, or convert beds to comprehensive care beds may not be submitted.
(c) An applicant shall submit an application described in this section regardless of whether the comprehensive care beds in the application will be certified for participation in a state or federal reimbursement program.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-13. Certificate of Need Application Review Period; Publication of Applications; Public Comments; Issuance of Application Decision; Emergency Rules

Sec. 13. (a) The state department shall establish a review period for certificate of need applications beginning July 1, 2019, and every July 1 thereafter, and lasting until the following June 30.
(b) The state department shall accept certificate of need applications until July 31 of the review period.
(c) The state department shall publish any certificate of need applications accepted for review on the state department's Internet web site before August 15 of the review period.
(d) The state department shall accept public comments on the certificate of need applications accepted for review through October 15 of the review period.
(e) The commissioner or the commissioner's designee shall issue any decision on an accepted certificate of need application not later than April 30 of the review period.
(f) The state department shall adopt emergency rules under IC 4-22-2-37.1 to implement a system for the submission of public comments under subsection (d).
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-14. Comparative Review of Certificate of Need Application; Preference; Approval; Emergency Rules

Sec. 14. (a) The commissioner or the commissioner's designee shall perform a comparative review on a certificate of need application if:
(1) at least two (2) applications are submitted during the same review period;
(2) the applications propose to transfer comprehensive care beds into the same county; and
(3) the number of comprehensive care beds for which a certificate of need is requested totals more than the county comprehensive care bed need in the county where the comprehensive care beds are to be transferred.
(b) In determining which applicant will receive preference in the comparative review process, the commissioner or the commissioner's designee shall:
(1) review the applications to ensure compliance with section 12(c) of this chapter; and
(2) give weighted priority to the criteria set forth in section 12(d) of this chapter.
The commissioner or the commissioner's designee shall give preference in approving the application to a certificate of need application that complies with section 12 of this chapter and receives the most points under the point system established under subsection (d). If at least two (2) certificate of need applications requesting the same activity comply with section 12 of this chapter and are awarded the same number of points under subsection (d), the commissioner or the commissioner's designee shall give preference to the application that demonstrates the greatest need for the activity being requested.
(c) The commissioner or the commissioner's designee shall approve a certificate of need application requesting the:
(1) transfer of comprehensive care beds; or
(2) construction of a comprehensive care health facility consisting of transferred beds;
subject to comparative review under this section only after finding that the request in the application is necessary as set forth in this chapter.
(d) The state department shall adopt emergency rules under IC 4-22-2-37.1 to establish and implement a certificate of need application point system in accordance with this section.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-15. Approved Certificate of Need Validity of 18 Months; Void; Modification

Sec. 15. A certificate of need that is approved under this chapter is valid for eighteen (18) months after approval is final. The certificate of need becomes void after eighteen (18) months unless:
(1) construction plans for the project are approved by the state department and the department of fire and building safety;
(2) the applicant has completed construction of the project's foundation in conformity with the approval plans and an independent:
(A) architect licensed under IC 25-4; or
(B) professional engineer licensed under IC 25-31;
has certified the completion; and
(3) construction work on the project is continuous and conforms with the approved plans.
However, modification of the approved plans to make technical changes, correct errors or omissions, or comply with zoning or other requirements of a governmental entity are allowable.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-16. Limitation of 100 New Comprehensive Care Beds per Year; Small House Health Facility; Failure to Complete Construction

Sec. 16. (a) The commissioner or the commissioner's designee 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.
(b) The commissioner or the commissioner's designee 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.
(c) A person that fails to complete construction and begin operation of a small house health facility within twelve (12) months after the commissioner's or the commissioner's designee'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.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-17. Approved Certificate of Need Validity and Non Transferrable or Assignable

Sec. 17. A certificate of need that is granted under this chapter:
(1) is valid only for the defined number of comprehensive care beds or construction as set forth in the approved certificate of need application; and
(2) is not transferable or assignable.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-18. Administrative Review

Sec. 18. A decision by the commissioner or the commissioner's designee under this chapter is subject to review under IC 4-21.5.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 29. Limitations on Various Health Service Beds › Chapter 7. Certificate of Need for Comprehensive Care Health Facilities › 16-29-7-19. Rules; Nonwaivable; Fees

Sec. 19. (a) The state department shall adopt rules under IC 4-22-2 to implement this chapter, including establishing a reasonable fee for filing an application under this chapter.
(b) A rule adopted under this chapter may not be waived.
(c) Fees imposed for a certificate of need application are payable to the state department for use in the administration of the certificate of need program established under this chapter.
As added by P.L.202-2018, SEC.8.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 1. Health Planning Functions of the State Department of Health › 16-30-1-1. Health Planning and Resource Development

Sec. 1. The state department shall carry out health planning and resources development responsibilities and functions within Indiana. The state department shall do the following in the state department's planning activities:
(1) Promote health and wellness activities.
(2) Encourage the prevention of disease.
(3) Encourage innovations in the financing and delivery systems for health services.
(4) Foster competition.
(5) Consider the accessibility and quality of health care services.
[Pre-1993 Recodification Citation: 16-1-3.4-2.]
As added by P.L.2-1993, SEC.13.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 2. Repealed

[Pre-1993 Recodification Citations:
16-30-2-1formerly 16-1-3.4-3(a) part, (b)16-30-2-2formerly 16-1-3.4-416-30-2-3formerly 16-1-3.4-516-30-2-4formerly 16-1-3.4-3(c), (d).]
Repealed by P.L.130-2018, SEC.82.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 3. State Health Plan › 16-30-3-1. State Health Plan

Sec. 1. The state department shall develop and promote a state health plan and recommend to the governor and the general assembly means by which programs and activities can be developed and implemented to effectively and efficiently meet the identified needs.
[Pre-1993 Recodification Citation: 16-1-3.4-3(a) part.]
As added by P.L.2-1993, SEC.13.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 3. State Health Plan › 16-30-3-2. Written Plan to Interim Committee; Annual Report

Sec. 2. (a) The state department, in consultation with the office of the secretary of family and social services, shall study and prepare a plan to prevent or reduce the prevalence of health issues, or improve the health and behavioral health of Indiana residents based on metrics for measuring, and goals to improve, the following:
(1) Training concerning mental health.
(2) Tobacco or nicotine use and the pulmonary and cardiac effects from the use.
(3) Food insecurities.
(4) Adverse behavioral and mental health outcomes.
(5) Lead exposure.
(6) Obesity.
(7) Diabetes.
(8) Cardiovascular diseases, including hypertension and hyperlipidemia.
(9) Hepatitis C.
(10) The frequency of cancer screening.
(11) Other critical health issues for a specific:
(A) region;
(B) county;
(C) sex; or
(D) ethnicity;
that ranks in the bottom quintile for that specific health issue metric.
(b) Before July 1, 2022, the state department shall submit and present the written plan prepared under this section to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4.
(c) Before July 1, 2022, the state department shall establish and maintain on the department's Internet web site a web page that indicates the performance and progress of the metrics and goals identified in the plan prepared under subsection (a).
(d) Before July 1, 2023, and before July 1 of each year thereafter, the state department shall prepare, submit, and present to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 a report on the grants awarded under IC 16-46-16.5-6 and the progress made in meeting the metrics and goals identified in the plan submitted under this section.
As added by P.L.110-2021, SEC.3.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 4. Allocation of Resources › 16-30-4-1. HIV Prevention; Allocation of Resources

Sec. 1. The state department shall consider the following factors in determining the allocation to a political subdivision of resources or funds that are appropriated from the general fund to the state department for the prevention of the transmission of the human immunodeficiency virus (HIV):
(1) The population size.
(2) The reported incidence of the human immunodeficiency virus (HIV).
(3) The availability of resources.
[Pre-1993 Recodification Citation: 16-1-3.4-6.]
As added by P.L.2-1993, SEC.13. Amended by P.L.112-2020, SEC.12.
2023 Indiana Code › Title 16. Health › Article 30. Health Planning › Chapter 5. Penalties › 16-30-5-1. Violations

Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this article commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.13.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 1. General Provisions › 16-31-1-1. Intent

Sec. 1. (a) The general assembly declares that the provision of emergency medical services is a matter of vital concern affecting the public health, safety, and welfare of the people of Indiana.
(b) It is the purpose of this article:
(1) to promote the establishment and maintenance of an effective system of emergency medical service, including the necessary equipment, personnel, and facilities to ensure that all emergency patients receive prompt and adequate medical care throughout the range of emergency conditions encountered;
(2) that the emergency medical services commission established under IC 16-31-2 shall cooperate with other agencies empowered to license persons engaged in the delivery of health care so as to coordinate the efforts of the commission and other agencies; and
(3) to establish standards and requirements for the furnishing of emergency medical services by persons not licensed or regulated by other appropriate agencies.
[Pre-1993 Recodification Citation: 16-1-39-1.]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 1. General Provisions › 16-31-1-2. Essential Purpose of Political Subdivisions

Sec. 2. The provision of emergency medical service is an essential purpose of the political subdivisions of the state.
[Pre-1993 Recodification Citation: 16-1-39-14.]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 1. General Provisions › 16-31-1-3. Religious Objections to Medical Treatment

Sec. 3. This article or a rule adopted under this article does not authorize transporting to a hospital or medical treatment of a person who objects to medical treatment on religious grounds.
[Pre-1993 Recodification Citation: 16-1-39-1.5.]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 2. Indiana Emergency Medical Services Commission › 16-31-2-2. Membership

Sec. 2. (a) The commission is composed of fourteen (14) members. The governor shall appoint the members for four (4) year terms as follows:
(1) One (1) must be appointed from a volunteer fire department that provides emergency medical service.
(2) One (1) must be appointed from a full-time municipal fire or police department that provides emergency medical service.
(3) One (1) must be a nonprofit provider of ambulance services organized on a volunteer basis other than a volunteer fire department.
(4) One (1) must be a provider of private ambulance services.
(5) One (1) must be a state licensed paramedic.
(6) One (1) must be a licensed physician who:
(A) has a primary interest, training, and experience in emergency medical services; and
(B) is currently practicing in an emergency medical services facility.
(7) One (1) must be a chief executive officer of a hospital that provides ambulance services.
(8) One (1) must be a registered nurse who has supervisory or administrative responsibility in a hospital emergency department.
(9) One (1) must be a licensed physician who:
(A) has a primary interest, training, and experience in trauma care; and
(B) is practicing in a trauma facility.
(10) One (1) must be a state certified emergency medical service technician.
(11) One (1) must be an individual who:
(A) represents the public at large; and
(B) is not in any way related to providing emergency medical services.
(12) One (1) must be a program director (as defined in 836 IAC 4-2-2(12)(B)(iii)) for a commission certified advanced life support training institution.
(13) One (1) must be the executive director of the department of homeland security appointed under IC 10-19-3-1 or the designee of the executive director.
(14) One (1) must be a representative of an entity that provides air ambulance services.
(b) The chief executive officer of a hospital appointed under subsection (a)(7) may designate another administrator of the hospital to serve for the chief executive officer on the commission.
(c) Not more than eight (8) members may be from the same political party.
[Pre-1993 Recodification Citation: 16-1-39-4(a), (c).]
As added by P.L.2-1993, SEC.14. Amended by P.L.110-2000, SEC.1; P.L.68-2009, SEC.1; P.L.77-2012, SEC.15; P.L.100-2017, SEC.4; P.L.187-2021, SEC.57; P.L.170-2022, SEC.24.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 2. Indiana Emergency Medical Services Commission › 16-31-2-3. Vacancies

Sec. 3. An appointment to fill a vacancy occurring on the commission is for the unexpired term.
[Pre-1993 Recodification Citation: 16-1-39-4(b).]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 2. Indiana Emergency Medical Services Commission › 16-31-2-4. Compensation and Expenses

Sec. 4. (a) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1993 Recodification Citation: 16-1-39-8(c) part, (d) part.]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 2. Indiana Emergency Medical Services Commission › 16-31-2-5. Meetings

Sec. 5. The commission may meet as often as is necessary upon call of the chairman but meetings shall be held at least four (4) times each year.
[Pre-1993 Recodification Citation: 16-1-39-8(a).]
As added by P.L.2-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 31. Emergency Medical Services › Chapter 2. Indiana Emergency Medical Services Commission › 16-31-2-6. Seal

Sec. 6. The commission may adopt and use a seal, the description of which shall be filed at the office of the secretary of state, which may be used for the authentication of the acts of the commission.
[Pre-1993 Recodification Citation: 16-1-39-8(b).]
As added by P.L.2-1993, SEC.14.