reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-1. Petitions for Receivership

Sec. 1. The director may, after consultation with the commissioner, request the attorney general to petition the circuit or superior court of the county in which a health facility is located to place the facility in receivership to protect the patients in the facility.
[Pre-1993 Recodification Citation: 16-10-4-20(a).]
As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.27; P.L.197-2011, SEC.69.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-2. Conditions for Receivership

Sec. 2. The court may order a health facility placed in receivership in the following circumstances:
(1) The facility is operating without a license.
(2) The license of the facility has expired or been revoked.
(3) The facility is closing or plans to close and adequate arrangements have not been made for the orderly transfer of patients at least thirty (30) days before closing.
(4) The facility is operating under extraordinary conditions that present a major threat to the health, safety, security, rights, or welfare of a facility's patients, including imminent abandonment of the facility by the owner.
[Pre-1993 Recodification Citation: 16-10-4-20(b).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-4. Receivers; Qualifications; Powers and Duties

Sec. 4. A receiver:
(1) must be licensed under IC 25-19-1 and may be a state employee;
(2) must possess the education and experience necessary, as determined by the director, to oversee correction of the deficiencies of the facility;
(3) must not have been found guilty of misconduct by any licensing board or professional society in the state;
(4) must not have (or a member of the receiver's immediate family must not have) a financial ownership interest in the facility;
(5) has the powers and duties granted by the court to protect the interests of the patients in the health facility, which may include providing for the orderly relocation of patients from the health facility and the refusal to admit new patients pending closure; and
(6) must report to the director on the operation of the facility and the status and condition of the patients.
[Pre-1993 Recodification Citation: 16-10-4-20(d).]
As added by P.L.2-1993, SEC.11. Amended by P.L.210-1999, SEC.1.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-5. Operation of Facilities

Sec. 5. Unless a health facility is ordered to be closed within one hundred twenty (120) days, the receiver shall operate the health facility subject to the same standard and rate criteria that apply to all health facilities licensed under IC 16-28-2.
[Pre-1993 Recodification Citation: 16-10-4-20(e).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-6. Bond

Sec. 6. (a) Before beginning duties as a receiver, the receiver must execute a bond, with one (1) or more sureties approved by the court, to the effect that the receiver will:
(1) faithfully discharge the duties of the receiver while operating the health facility; and
(2) obey the orders of the court.
(b) The health facility shall pay the cost of the bond required of the receiver.
(c) Upon:
(1) the court's approval of the receiver's final report that the conditions that presented a major threat to the patients in the health facility have been corrected or that the health facility has closed; and
(2) the receiver's compliance with the court's order made on the final report;
the receiver and the surety on the receiver's bond are fully discharged for all matters related to the final report.
As added by P.L.210-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-7. Costs of Receivership; Receiver Who Is a State Employee; State Paid Cost of Receivership Preferred

Sec. 7. (a) The costs of the receivership shall be determined by the court and shall be paid by the owner or operator of the health facility.
(b) If the receiver is a state employee, the state shall pay the receiver's salary.
(c) Any cost of receivership paid by the state for the receivership of a health facility is a preferred claim against the receivership estate. The state may file a claim against the health facility or the health facility's assets and resources for recovery of any administrative expense incurred by the state under this chapter.
(d) Any asset or resource of the health facility may be used to:
(1) fund the cost of receivership; and
(2) reimburse any expenditure made by the state under this chapter.
As added by P.L.210-1999, SEC.3. Amended by P.L.29-2002, SEC.3.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 8. Receivership › 16-28-8-8. Physician Ordered Ambulance Services

Sec. 8. When a patient receiving care at a health facility, due to the patient's condition or diagnosis, needs ambulance services other than emergency ambulance services, the patient's attending physician or the physician's designee must sign an order that states:
(1) the level of ambulance service needed for the patient; and
(2) the condition or diagnosis of the patient that makes the transportation of the patient by ambulance necessary.
As added by P.L.170-2022, SEC.23.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 9. Penalties › 16-28-9-1. Investigations and Reports

Sec. 1. The division shall investigate a report of an unlicensed health facility operation and report the division's findings to the attorney general.
[Pre-1993 Recodification Citation: 16-10-4-21 part.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 9. Penalties › 16-28-9-2. Penalty Options

Sec. 2. The attorney general may do any of the following:
(1) Seek an injunction in the circuit or superior court of the county in which the unlicensed health facility is located or in the circuit or superior court of Marion County.
(2) Seek relief under IC 4-21.5, including a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day of unlicensed operation.
(3) Seek criminal penalties as provided by section 5 of this chapter.
[Pre-1993 Recodification Citation: 16-10-4-21 part.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 9. Penalties › 16-28-9-3. Interference With Investigations; Retaliation; Failure to Correct; Interference With Correction Process

Sec. 3. (a) A person who intentionally:
(1) prevents, interferes with, or attempts to impede the work of an employee of the state department in the investigation and enforcement of any provision of this article;
(2) prevents or attempts to prevent an employee of the state department from examining any relevant records in the conduct of official duties under this article;
(3) prevents or interferes with an employee of the state department in preserving evidence of the breach of any provision of this article;
(4) retaliates or discriminates against a resident or an employee for:
(A) contacting or providing information to any state official; or
(B) initiating, participating in, or testifying in an action under this article; or
(5) fails to correct or interferes with the correction process within the correction period specified on the citation or approved plan of correction, unless an extension is granted by the director and the corrections are made before expiration of the extension;
commits a Class C misdemeanor.
(b) In addition to the criminal provisions for violations described in subsection (a), the commissioner may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and a civil penalty not to exceed twenty-five thousand dollars ($25,000).
[Pre-1993 Recodification Citation: 16-10-4-22.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 9. Penalties › 16-28-9-4. Destruction or Falsification of Records

Sec. 4. A person who intentionally destroys or falsifies records of the breach of any provision of this article commits a Level 6 felony.
[Pre-1993 Recodification Citation: 16-10-4-23.]
As added by P.L.2-1993, SEC.11. Amended by P.L.158-2013, SEC.233.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 9. Penalties › 16-28-9-5. Unlicensed Operation of Facilities; Advertisement of Unlicensed Facilities

Sec. 5. A person who:
(1) operates a health facility that is not licensed under this article; or
(2) advertises by any means the operation of a health facility that is not licensed under this article;
commits a Class A misdemeanor.
[Pre-1993 Recodification Citation: 16-10-4-24.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 10. Hearings and Appeals › 16-28-10-1. Hearings; Costs

Sec. 1. (a) Hearings under this article shall be conducted in accordance with IC 4-21.5.
(b) A health facility shall pay the costs of appointing an administrative law judge if the administrative law judge finds in favor of the state. However, if the administrative law judge finds in favor of the health facility, the state shall pay the costs of appointing the administrative law judge.
[Pre-1993 Recodification Citation: 16-10-4-25.]
As added by P.L.2-1993, SEC.11. Amended by P.L.141-2014, SEC.13; P.L.205-2019, SEC.23; P.L.11-2023, SEC.59.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 10. Hearings and Appeals › 16-28-10-3. Judicial Review

Sec. 3. Judicial review of an administrative order issued under this chapter may be sought by either the facility or the state under IC 4-21.5.
[Pre-1993 Recodification Citations: 16-10-4-9.4; 16-10-4-26.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-1. Payment of Fines and Fees; Deposit

Sec. 1. Except as provided in IC 16-28-1-11 and IC 16-28-7-4, fines or fees required to be paid under this article shall be paid directly to the director who shall deposit the fines or fees in the state general fund.
[Pre-1993 Recodification Citation: 16-10-4-27.]
As added by P.L.2-1993, SEC.11. Amended by P.L.218-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-1.5. Care Plans; Inclusion of a Resident Representative

Sec. 1.5. In developing and executing a care plan for a health facility resident, the health facility shall, at the request of the resident, facilitate the inclusion of a resident representative.
As added by P.L.173-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-2. Compulsory Medical Treatment and Examination

Sec. 2. This article does not authorize or require any form of compulsory medical treatment or physical or mental examination of a 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 to 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.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-3. Practice of Medicine

Sec. 3. This article does not authorize any person to engage, in any manner, in the practice of medicine (as defined in IC 25-22.5).
[Pre-1993 Recodification Citation: 16-10-4-29.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-4. Health Facility, County Jail, or Department of Correction Facility Required to Return Certain Unused Medication

Sec. 4. (a) A health facility, county jail under IC 11-12-5-8, or department of correction facility under IC 11-10-3-4 that possesses unused medication that meets the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6):
(1) shall return medication that belonged to a Medicaid recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication.
(b) An entity participating in a program under IC 25-26-23 may return unused medication to the pharmacy that dispensed the medication if the board of pharmacy adopts a rule allowing this procedure under IC 25-26-23-2.
As added by P.L.75-2004, SEC.1. Amended by P.L.204-2005, SEC.3; P.L.119-2011, SEC.2; P.L.174-2011, SEC.3; P.L.159-2012, SEC.3.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-5. Fire Sprinkler Systems in Health Facilities

Sec. 5. (a) This section does not apply to the Indiana Veterans' Home.
(b) A health facility licensed under IC 16-28 as a comprehensive care facility must do the following:
(1) Have an automatic fire sprinkler system installed throughout the facility before July 1, 2012.
(2) If an automatic fire sprinkler system is not installed throughout the health facility before July 1, 2010, submit before July 1, 2010, a plan to the state department for completing the installation of the automatic fire sprinkler system before July 1, 2012.
(3) Have a battery operated or hard wired smoke detector in each resident's room before July 1, 2012.
(c) The state department shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.73-2007, SEC.1.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-5.5. Employee of Health Facility Not Required to Perform Cpr if Specified Criteria Are Met

Sec. 5.5. (a) This section does not apply to the implementation of a do not resuscitate order.
(b) This article does not require an employee of a health facility to provide cardiopulmonary resuscitation (CPR) or other intervention on a patient if a registered nurse licensed under IC 25-23 or a physician licensed under IC 25-22.5 who is employed by the health facility has determined that the following criteria have been met:
(1) The patient has experienced an unwitnessed cessation of circulatory and respiratory functions.
(2) The patient is unresponsive.
(3) The patient's pupils are fixed and dilated.
(4) The patient's body temperature indicates hypothermia.
(5) The patient has generalized cyanosis.
(6) The patient has livor mortis.
As added by P.L.134-2008, SEC.13.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-6. Disclosure of Fire Sprinkler Systems in Consumer Guide to Nursing Homes

Sec. 6. The state department shall disclose, in the state department's consumer guide to nursing homes, whether a health facility is:
(1) fully;
(2) partially; or
(3) not;
equipped with fire sprinklers.
As added by P.L.73-2007, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 11. Miscellaneous Provisions › 16-28-11-7. Disclosure of Smoke Detector Information in Consumer Guide to Nursing Homes

Sec. 7. The state department shall disclose the following information in the state department's consumer guide to nursing homes:
(1) Until July 1, 2012, whether each health facility has:
(A) a battery operated;
(B) a hard wired; or
(C) no;
smoke detector in each resident's room.
(2) After June 30, 2012, whether a health facility has:
(A) a battery operated; or
(B) a hard wired;
smoke detector in each resident's room.
(3) If a health facility has a hard wired or wireless smoke detector in each resident's room, whether the smoke detector:
(A) provides a visual and audible signal at the nurses' stations that attend each room;
(B) transmits to a central station service; and
(C) connects to the health facility's fire alarm system.
As added by P.L.73-2007, SEC.3.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 12. Federally Required Enforcement Process › 16-28-12-1. Adoption of Rules

Sec. 1. The state department shall, as the state agency utilized under 42 U.S.C. 1395aa(a) and authorized to perform the duties of the state survey agency under 42 U.S.C. 1396, adopt rules under IC 4-22-2 to satisfy the requirements of 42 U.S.C. 1396r(h).
[Pre-1993 Recodification Citation: 16-10-4.1-2.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 12. Federally Required Enforcement Process › 16-28-12-2. 1396r(h) Fund; Investment; Use of Principal and Interest

Sec. 2. (a) The 1396r(h) fund is established to receive money collected under this chapter. The state department shall administer the fund.
(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) The state department shall use the principal and interest in the fund in accordance with 42 U.S.C. 1396r(h)(2)(A)(ii).
[Pre-1993 Recodification Citation: 16-10-4.1-3.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 12. Federally Required Enforcement Process › 16-28-12-3. Department Actions; Procedure

Sec. 3. The procedure governing an action taken by the state department under this chapter must be in accordance with:
(1) IC 4-21.5-3-6; or
(2) IC 4-21.5-4.
[Pre-1993 Recodification Citation: 16-10-4.1-3.5.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 12. Federally Required Enforcement Process › 16-28-12-4. Review; Procedure; Filing Period

Sec. 4. (a) A person adversely affected by action of the state department under this chapter may request review under IC 4-21.5-3-7.
(b) The procedure governing appeals under this chapter must be in accordance with IC 16-28-10.
(c) If a request for a hearing is not filed within the fifteen (15) day period specified in IC 4-21.5-3-7, the determination of the executive board is final.
[Pre-1993 Recodification Citation: 16-10-4.1-4.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-0.5. "Health Care Facility" Defined

Sec. 0.5. As used in this chapter, "health care facility" includes the following:
(1) An ambulatory outpatient surgical center licensed under IC 16-21-2.
(2) A health facility licensed under IC 16-28-2 or IC 16-28-3.
(3) A home health agency licensed under IC 16-27-1.
(4) A hospice program licensed under IC 16-25-3.
(5) A hospital licensed under IC 16-21-2.
As added by P.L.108-1999, SEC.3. Amended by P.L.14-2000, SEC.44.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-1. "Nurse Aide" Defined

Sec. 1. (a) As used in this chapter, "nurse aide" means an individual who provides nursing or nursing related services to residents in the following:
(1) A health facility.
(2) A hospital based health facility.
(3) An ambulatory outpatient surgical center licensed under IC 16-21-2. Under this subdivision, the term applies to an individual who was employed by the center after July 1, 1999.
(4) A home health agency licensed under IC 16-27-1. Under this subdivision, the term applies to an individual who was employed by the agency after July 1, 1999.
(5) A hospice program licensed under IC 16-25-3. Under this subdivision, the term applies to an individual who was employed by the program after July 1, 1999.
(6) A hospital licensed under IC 16-21-2. Under this subdivision, the term applies to an individual who was employed by the hospital after July 1, 1999.
(b) The term does not include the following:
(1) A licensed health professional (as defined in IC 25-1-9-3).
(2) A registered dietician.
(3) An individual who volunteers to provide nursing or nursing related services without pay.
As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999, SEC.4; P.L.14-2000, SEC.45.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-2. "Other Unlicensed Employee" Defined

Sec. 2. (a) As used in this chapter, "other unlicensed employee" means:
(1) an employee of a health facility;
(2) a hospital based health facility; or
(3) a personal services attendant (as defined in IC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as defined in IC 25-1-9-1).
(b) The term does not include an employee of an ambulatory outpatient surgical center, a home health agency, a hospice program, or a hospital that is not licensed (as defined in IC 25-1-9-3) by a board (as defined in IC 25-1-9-1).
As added by P.L.152-1995, SEC.18. Amended by P.L.108-1999, SEC.5; P.L.255-2001, SEC.16; P.L.141-2006, SEC.85.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-3. Crimes Barring Employment at Certain Health Care Facilities

Sec. 3. (a) A health care facility or an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility may not knowingly employ a person as a nurse aide or other unlicensed employee if one (1) or more of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime (IC 35-42-4).
(B) Exploitation of an endangered adult (IC 35-46-1-12).
(C) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(D) Theft (IC 35-43-4), if the person's conviction for theft occurred less than five (5) years before the individual's employment application date, except as provided in IC 16-27-2-5(a)(5).
(E) Murder (IC 35-42-1-1).
(F) Voluntary manslaughter (IC 35-42-1-3).
(G) Involuntary manslaughter (IC 35-42-1-4) within the previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) A felony offense relating to controlled substances within the previous five (5) years.
(2) The person:
(A) has abused, neglected, or mistreated a patient or misappropriated a patient's property; and
(B) had a finding entered into the state nurse aide registry.
(b) A person who knowingly or intentionally applies for a job as a nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;
after a conviction of one (1) or more of the offenses listed in subsection (a)(1) commits a Class A infraction.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.1; P.L.108-1999, SEC.6.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-4. Operator of Health Care Facility; Request for Nurse Aide Registry Report and Limited Criminal History

Sec. 4. (a) Except as provided in subsection (b), a person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;
shall apply within three (3) business days from the date a person is employed as a nurse aide or other unlicensed employee for a copy of the person's state nurse aide registry report from the state department and a limited criminal history from the Indiana central repository for criminal history information under IC 10-13-3 or another source allowed by law.
(b) A health care facility is not required to apply for the state nurse aide registry report and limited criminal history required by subsection (a) if the health care facility contracts to use the services of a nurse aide or other unlicensed employee who is employed by an entity in the business of contracting to provide nurse aides or other unlicensed employees to health care facilities.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.2; P.L.108-1999, SEC.7; P.L.2-2003, SEC.51.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-5. Operator of Health Care Facility; Prohibition From Employing Person With Certain Convictions

Sec. 5. A person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;
may not employ a person as a nurse aide or other unlicensed employee after receipt of the person's state nurse aide registry report if that person's report indicates that the person committed an offense under section (3)(a)(2) of this chapter and has been placed on the state nurse aide registry, or after receipt of the limited criminal history if that person's limited criminal history indicates that the person has been convicted of any of the offenses described in section 3(a)(1) of this chapter.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.3; P.L.108-1999, SEC.8.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-6. Operator of Health Care Facility; Fees for Request of Registry Report and Criminal History

Sec. 6. (a) A person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;
is responsible for the payment of fees under IC 10-13-3-30 and other fees required to process a state nurse aide registry report and a limited criminal history under section 4 of this chapter.
(b) A health care facility or an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility may require a person who applies to the health care facility or entity for employment as a nurse aide or other unlicensed employee:
(1) to pay the cost of fees described in subsection (a) to the health care facility or entity at the time the person submits an application for employment; or
(2) to reimburse the health care facility or entity for the cost of fees described in subsection (a).
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.4; P.L.108-1999, SEC.9; P.L.2-2003, SEC.52.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-7. Applicability of Chapter

Sec. 7. The application of this chapter to a health care facility or an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility is limited to an individual:
(1) who is employed by:
(A) a health care facility; or
(B) an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility; and
(2) whose employment or responsibilities are limited to activities primarily performed within a health care facility.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.5; P.L.108-1999, SEC.10; P.L.1-2002, SEC.73; P.L.1-2007, SEC.134.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-8. Rights of Individuals Denied or Dismissed From Employment

Sec. 8. An individual who is denied employment or dismissed from employment under this chapter:
(1) does not have a cause of action;
(2) is not eligible for unemployment compensation;
(3) does not acquire the rights of an unemployed individual; and
(4) does not have other rights under IC 22;
as a result of the denial or dismissal.
As added by P.L.152-1995, SEC.18.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-9. Immunity From Civil and Criminal Liability

Sec. 9. A person, other than a person denied employment or dismissed under this chapter or against whom a finding is made for the nurse aide registry under 42 CFR 483.156, who in good faith:
(1) denies employment to an individual or dismisses an individual from employment under this chapter;
(2) testifies or participates in an investigation or an administrative or a judicial proceeding arising from:
(A) this chapter; or
(B) 42 CFR 483 regarding the nurse aide registry; or
(3) makes a report to the state department or the nurse aide registry;
is immune from both civil and criminal liability arising from those actions.
As added by P.L.152-1995, SEC.18.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-10. Operator of Health Care Facility; Intentional Violation of Chapter

Sec. 10. A person:
(1) who:
(A) operates or administers a health care facility; or
(B) operates an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility; and
(2) who knowingly or intentionally violates section 4 or 5 of this chapter;
commits a Class A infraction.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.6; P.L.108-1999, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-11. Personnel Record; Providing Limited Criminal History

Sec. 11. (a) Each:
(1) health care facility; and
(2) entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and other unlicensed employee employed by the health care facility or entity that includes the nurse aide's or other unlicensed employee's state nurse aide registry report and limited criminal history required by section 4 of this chapter.
(b) The personnel records of each health care facility shall be available for inspection by the state department to assure compliance with this chapter.
(c) An entity in the business of contracting to provide nurse aides or other unlicensed employees to health care facilities shall provide a copy of the state nurse aide registry report and limited criminal history obtained under section 4 of this chapter to each health care facility to which the entity provides a nurse aide or other unlicensed employee. If the entity fails to provide a copy of the state nurse aide registry report and limited criminal history to a health care facility, the health care facility is not in violation of this chapter.
As added by P.L.152-1995, SEC.18. Amended by P.L.147-1996, SEC.7; P.L.108-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees › 16-28-13-12. Health Care Facility to Report Convictions of Employees

Sec. 12. If a health care facility has knowledge of a conviction of an employee of the health care facility that would indicate unfitness for service as a nurse aide, other unlicensed employee, or other health care professional (as defined by IC 16-27-2-1), the health care facility shall report the information to the state nurse aide registry or the appropriate licensing authority.
As added by P.L.108-1999, SEC.13.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14. Patient Immunizations › 16-28-14-2. Obtaining Informed Consent

Sec. 2. (a) A health facility shall attempt to obtain informed consent from:
(1) a patient; or
(2) a patient's legal guardian;
for a patient to participate in immunization programs conducted within the health facility while the patient is residing at the health facility.
(b) A health facility shall attempt to obtain the consent required under subsection (a):
(1) upon the patient's admission, if the patient's admission occurs after June 30, 1999; or
(2) before an immunization is administered, if the patient's admission occurred before July 1, 1999.
As added by P.L.97-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14. Patient Immunizations › 16-28-14-3. Required Immunizations; Methods

Sec. 3. (a) Subject to obtaining a patient's informed consent under section 2(b) of this chapter and subject to obtaining an order from the individual's physician to administer the immunizations, a health facility shall immunize all patients of the health facility against the following:
(1) Influenza virus.
(2) Pneumococcal disease.
(b) A health facility shall conduct the immunizations required under subsection (a) in accordance with the recommendations established by the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention that are in effect at the time the health facility conducts the immunizations.
As added by P.L.97-1999, SEC.2. Amended by P.L.3-2008, SEC.109.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14. Patient Immunizations › 16-28-14-4. Date by Which Immunizations Required

Sec. 4. Except as required by section 5 of this chapter, a health facility shall administer or cause to be administered the immunizations required under this chapter before December 1 of each year if the vaccine is available.
As added by P.L.97-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14. Patient Immunizations › 16-28-14-5. Determination of Patient Status

Sec. 5. (a) This section applies to an individual who becomes a patient of a health facility on or after December 1 and before April 1.
(b) A health facility shall attempt to determine the status of an individual's immunization against the influenza virus and pneumococcal disease upon the individual's admission to the health facility.
(c) Subject to obtaining a patient's informed consent under section 2(b) of this chapter if the health facility determines that an individual's immunization status is deficient and subject to obtaining an order from the individual's physician to administer the immunizations, the health facility shall, as soon as possible after the individual's admission, administer or cause to be administered the immunizations required under this chapter if the vaccine is available.
As added by P.L.97-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14. Patient Immunizations › 16-28-14-6. Exceptions to Required Immunization

Sec. 6. Notwithstanding any other provision of this chapter, a health facility shall not require an individual to receive an immunization under this chapter if:
(1) the health facility:
(A) has written documentation from the individual's physician or other health care provider indicating the date and place that the individual received an immunization required under this chapter; and
(B) determines that no additional immunization is required;
(2) the immunization is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration;
(3) receiving the immunization is against the individual's religious beliefs; or
(4) the individual refuses to permit the immunization as provided by state or federal law.
As added by P.L.97-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14.5. Health Facility Employee Immunizations › 16-28-14.5-1. Application of Chapter

Sec. 1. This chapter applies only to the following:
(1) Health facilities that are licensed under IC 16-28 as comprehensive care facilities.
(2) Employees of health facilities described in subdivision (1) who have direct contact with a patient or resident of the health facility.
As added by P.L.29-2009, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14.5. Health Facility Employee Immunizations › 16-28-14.5-2. Consent; Influenza Immunizations

Sec. 2. (a) Subject to obtaining an employee's consent, a health facility shall annually administer or make available to be administered immunizations against the influenza virus to the employee of the health facility.
(b) A health facility shall conduct the immunizations required under subsection (a) in accordance with the recommendations established by the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention that are in effect at the time the health facility conducts the immunizations.
As added by P.L.29-2009, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14.5. Health Facility Employee Immunizations › 16-28-14.5-3. Date Immunizations Are Required

Sec. 3. A health facility shall annually administer or make available to be administered the immunizations required under this chapter to each employee of the health facility who is employed by the health facility during the period beginning October 1 and ending February 1 of the following year.
As added by P.L.29-2009, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14.5. Health Facility Employee Immunizations › 16-28-14.5-4. Availability of Vaccine

Sec. 4. A health facility is not required to provide or make available to the health facility's employees annual immunizations against the influenza virus if the department determines that the necessary vaccine is not in adequate supply.
As added by P.L.29-2009, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 14.5. Health Facility Employee Immunizations › 16-28-14.5-5. Exceptions to Required Immunizations

Sec. 5. Notwithstanding any other provision of this chapter, a health facility shall not require an employee to receive an immunization under this chapter if:
(1) the health facility:
(A) has written documentation from the employee's physician or other health care provider indicating the date and place that the individual received an immunization required under this chapter; and
(B) determines that no additional immunization is required;
(2) the immunization is medically contraindicated for the employee;
(3) receiving the immunization is against the employee's religious beliefs; or
(4) the employee refuses to permit the immunization after being fully informed of the health risks.
As added by P.L.29-2009, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-2. "Continuing Care Retirement Community"

Sec. 2. As used in this chapter, "continuing care retirement community" means a health care facility that:
(1) provides independent living services and health facility services in a campus setting with common areas;
(2) either:
(A) holds continuing care agreements with at least twenty-five percent (25%) of its residents (as defined in IC 23-2-4-1); or
(B) has continuously maintained, for a continuing care retirement community that was registered under IC 23-2-4 before January 2, 2007, at least one (1) continuing care agreement since on or before January 1, 2007, with an individual residing in the continuing care retirement community;
(3) uses the money from the agreement or agreements described in subdivision (2) to provide services to the resident before the resident may be eligible for Medicaid under IC 12-15; and
(4) meets the requirements of IC 23-2-4.
As added by P.L.229-2011, SEC.162. Amended by P.L.278-2013, SEC.15.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-4. "Nursing Facility"

Sec. 4. As used in this chapter, "nursing facility" means a health facility that is certified for participation in the federal Medicaid program under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
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 › 16-28-15-5. "Office"

Sec. 5. As used in this chapter, "office" refers to the office of Medicaid policy and planning established by IC 12-8-6.5-1.
As added by P.L.229-2011, SEC.162. Amended by P.L.160-2012, SEC.46.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-6. Collection of Fee

Sec. 6. (a) Effective July 1, 2011, the office shall collect a quality assessment fee from each health facility.
(b) The quality assessment fee must apply to all non-Medicare patient days of the health facility. The office shall determine the quality assessment rate per non-Medicare patient day in a manner that collects the maximum amount permitted by federal law as of July 1, 2011, and October 1, 2011, based on the latest nursing facility financial reports and nursing facility quality assessment data collection forms as of July 28, 2010.
(c) The office shall offset the collection of the assessment fee for a health facility:
(1) against a Medicaid payment to the health facility;
(2) against a Medicaid payment to another health facility that is related to the health facility through common ownership or control; or
(3) in another manner determined by the office.
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 › 16-28-15-7. Implementation of Waiver

Sec. 7. The office shall implement the waiver approved by the United States Centers for Medicare and Medicaid Services under 42 CFR 433.68(e)(2) that provides for the following:
(1) Nonuniform quality assessment fee rates.
(2) An exemption from collection of a quality assessment fee from the following:
(A) A continuing care retirement community as follows:
(i) A continuing care retirement community that was registered with the securities commissioner as a continuing care retirement community on or before January 1, 2007, and has continuously maintained at least one (1) continuing care agreement since on or before January 1, 2007, with an individual residing in the continuing care retirement community.
(ii) A continuing care retirement community that, for the period January 1, 2007, through June 30, 2009, operated independent living units, at least twenty-five percent (25%) of which are provided under contracts that require the payment of a minimum entrance fee of at least twenty-five thousand dollars ($25,000).
(iii) An organization registered under IC 23-2-4 before July 1, 2009, that provides housing in an independent living unit for a religious order.
(iv) A continuing care retirement community that meets the definition set forth in section 2 of this chapter.
(B) A hospital based health facility.
(C) The Indiana Veterans' Home.
Any revision to the state plan amendment or waiver request under this section is subject to and must comply with this chapter.
As added by P.L.229-2011, SEC.162. Amended by P.L.278-2013, SEC.16.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-8. Distribution of Revenue From Fee

Sec. 8. (a) The money collected from the quality assessment fee during state fiscal year 2012 may be used only as follows:
(1) Sixty-seven and one-tenth percent (67.1%) to pay the state's share of costs for Medicaid nursing facility services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(2) Twenty-three and eight-tenths percent (23.8%) to pay the state's share of costs for other Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(3) Nine and one-tenth percent (9.1%) to pay prior year state nursing facility expenditures.
(b) The money collected from the quality assessment fee during state fiscal year 2013 may be used only as follows:
(1) Sixty-six and five-tenths percent (66.5%) to pay the state's share of costs for Medicaid nursing facility services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(2) Twenty-nine and four-tenths percent (29.4%) to pay the state's share of costs for other Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(3) Four and one-tenth percent (4.1%) to pay prior year state nursing facility expenditures.
(c) The money collected from the quality assessment fee after state fiscal year 2013 may be used only as follows:
(1) Seventy and six-tenths percent (70.6%) to pay the state's share of the costs for Medicaid nursing facility services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(2) Twenty-nine and four-tenths percent (29.4%) to pay the state's share of costs for other Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.).
(3) The office may decrease the percentage specified in subdivision (1) to pay state fiscal year 2011 and prior year state nursing facility expenditures only if the amounts collected in subsections (a)(3) and (b)(3) are insufficient to pay the expenditures. Once the expenditures described in this subdivision have been collected, the percentage specified in subdivision (1) shall be restored.
(d) Any increase in reimbursement for Medicaid nursing facility services resulting from maximizing the quality assessment rate under section 6(b) of this chapter shall be directed exclusively to initiatives determined by the office to promote and enhance improvements in quality of care to nursing facility residents.
(e) The office may establish a method to allow a health facility to enter into an agreement to pay the quality assessment fee collected under this chapter under an installment plan.
As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.215.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 15. Health Facility Quality Assessment Fee › 16-28-15-9. Termination of Fee; Conditions

Sec. 9. If federal financial participation becomes unavailable to match money collected from the quality assessment fees for the purpose of enhancing reimbursement to nursing facilities for Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), the office shall cease collection of the quality assessment fee under this chapter.
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 › 16-28-15-11. Failure to Pay Fee; Interest; Report

Sec. 11. (a) If a health facility fails to pay the quality assessment fee under this chapter not later than ten (10) days after the date the payment is due, the health facility shall pay interest on the quality assessment fee at the same rate as determined under IC 12-15-21-3(6)(A).
(b) The office shall report to the state department each nursing facility and each health facility that either:
(1) fails to submit patient day information requested by the office to calculate the quality assessment fee; or
(2) fails to pay the quality assessment fee under this chapter;
not later than one hundred twenty (120) days after the patient day information is requested or payment of the quality assessment fee is due.
As added by P.L.229-2011, SEC.162.