reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-2. Vaccines

Sec. 2. (a) An employee of a home health agency who is a licensed pharmacist, registered nurse, or licensed practical nurse may purchase, store, or transport a vaccine in order to administer the vaccine to:
(1) the home health agency's:
(A) employees; or
(B) home health patients or hospice patients; or
(2) family members of a home health patient or hospice patient;
under the order of a licensed physician.
(b) An employee described in subsection (a) who purchases, stores, or transports a vaccine under this section must ensure that a standing order for the vaccine:
(1) is signed and dated by a licensed physician, an advanced practice registered nurse, or a physician assistant;
(2) identifies the vaccine covered by the order;
(3) indicates that appropriate procedures are established for responding to any adverse reaction to the vaccine; and
(4) directs that a specific medication or category of medication be administered if a recipient has an adverse reaction to the vaccine.
As added by P.L.105-1998, SEC.2. Amended by P.L.207-2021, SEC.16.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-3. Other Drugs

Sec. 3. An employee of a home health agency who is a licensed pharmacist, registered nurse, or licensed practical nurse may purchase, store, or transport the following drugs in order to administer to a home health patient or hospice patient of the home health agency, in accordance with section 5 of this chapter:
(1) Any of the following items in a sealed portable container in a size determined by the dispensing pharmacist:
(A) Up to one thousand (1,000) milliliters of nine-tenths of one percent (0.9%) sodium chloride intravenous infusion.
(B) Up to one thousand (1,000) milliliters of five percent (5%) dextrose in water injection.
(2) Not more than five (5) dosage units of each of the following items, each in an individually sealed, unused container:
(A) Heparin sodium lock flush in a concentration of ten (10) units per milliliter, one hundred (100) units per milliliter, or one thousand (1,000) units per milliliter.
(B) Epinephrine HC1 solution in a concentration of one (1) to one thousand (1,000).
(C) Diphenhydramine HCl solution in a concentration of fifty (50) milligrams per milliliter.
(D) Methylprednisolone in a concentration of one hundred twenty-five (125) milligrams per two (2) milliliters.
(E) Naloxone in a concentration of up to one (1) milligram per milliliter in a two (2) milliliter vial.
(F) Glucagon in a concentration of one (1) milligram per milliliter.
(G) Furosemide in a concentration of ten (10) milligrams per milliliter.
(H) Lidocaine two and one-half percent (2.5%) and prilocaine two and one-half percent (2.5%) cream in a five (5) gram tube.
(I) Lidocaine HCl solution in a concentration of one percent (1%) in a two (2) milliliter vial.
(J) Urokinase five thousand (5,000) units per a one (1) milliliter vial.
As added by P.L.105-1998, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-4. Purchasing, Storing, or Transporting Drugs in Accordance With Written Policies and Procedures

Sec. 4. An employee of a home health agency who is a licensed pharmacist, registered nurse, or licensed practical nurse may purchase, store, or transport drugs in a sealed portable container under this chapter only if the home health agency has established written policies and procedures to ensure the following:
(1) That the container is handled properly with respect to storage, transportation, and temperature stability.
(2) That a drug is removed from the container only on the written or oral order of a licensed physician, an advanced practice registered nurse, or a physician assistant.
(3) That the administration of a drug in the container is performed in accordance with a specific treatment protocol.
(4) That the home health agency maintains a written record of the dates and times the container is in the possession of a licensed pharmacist, registered nurse, or licensed practical nurse.
(5) That the home health agency require an employee who possesses the container to submit a daily accounting of all drugs and devices in the container to the home health agency in writing.
As added by P.L.105-1998, SEC.2. Amended by P.L.207-2021, SEC.17.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-5. Administration of Drugs

Sec. 5. An employee of a home health agency who:
(1) is a licensed pharmacist, registered nurse, or licensed practical nurse; and
(2) administers a drug listed in section 3 of this chapter;
may administer the drug only in the residence of a home health patient or hospice patient of the home health agency under the order of a licensed physician, an advanced practice registered nurse, or a physician assistant in connection with the provision of emergency treatment or the adjustment of parenteral drug therapy or vaccine administration.
As added by P.L.105-1998, SEC.2. Amended by P.L.207-2021, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-6. Copy of Order for Administration of Drug

Sec. 6. (a) If an employee of a home health agency who is a licensed pharmacist, registered nurse, or licensed practical nurse administers a drug listed in section 3 of this chapter under the oral order of a licensed physician, an advanced practice registered nurse, or a physician assistant, the physician, advanced practice registered nurse, or physician assistant shall promptly send a signed copy of the order to the home health agency.
(b) Not more than twenty (20) days after receiving an order under subsection (a), the home health agency shall send a copy of the order, as signed by and received from the physician, advanced practice registered nurse, or physician assistant, to the dispensing pharmacy.
As added by P.L.105-1998, SEC.2. Amended by P.L.207-2021, SEC.19.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-7. Duties of Pharmacist Regarding Drug Containers

Sec. 7. A pharmacist who dispenses a sealed portable container under this chapter shall ensure that the container:
(1) is designed to allow access to the contents of the container only if a tamperproof seal is broken;
(2) bears a label that lists the drugs in the container and provides notice of the container's expiration date; and
(3) remains in the pharmacy or under the control of a licensed pharmacist, registered nurse, or licensed practical nurse.
As added by P.L.105-1998, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-8. Honoring Nurse's Orders

Sec. 8. If a home health agency or hospice patient's care or treatment is being managed, directed, or provided by an advanced practice registered nurse licensed under IC 25-23, that nurse's orders will be honored, unless it will cause the home health agency or hospice to be unreimbursed for the home health agency's or hospice's service.
As added by P.L.105-1998, SEC.2. Amended by P.L.86-2018, SEC.170; P.L.129-2018, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-2. "Parent Personal Services Agency"

Sec. 2. As used in this chapter, "parent personal services agency" means the personal services agency that develops and maintains administrative and fiscal control over a branch office.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-3. "Personal Representative"

Sec. 3. As used in this chapter, "personal representative" means a person who has legal authority to act on behalf of the client with regard to the action to be taken.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-4. "Personal Services"

Sec. 4. (a) As used in this chapter, "personal services" means:
(1) attendant care services;
(2) homemaker services that assist with or perform household tasks, including housekeeping, shopping, laundry, meal planning and preparation, and cleaning; and
(3) companion services that provide fellowship, care, and protection for a client, including transportation, letter writing, mail reading, and escort services;
that are provided to a client at the client's residence.
(b) The term does not apply to the following:
(1) Incidental services provided by a licensed health facility to patients of the licensed health facility.
(2) Services provided by employers or membership organizations for their employees, members, and families of the employees or members if the services are not the predominant purpose of the employer or the membership organization's business.
(3) Services that are allowed to be performed by a personal services attendant under IC 12-10-17.1.
(4) Services that require the order of a health care professional for the services to be lawfully performed in Indiana.
(5) Assisted living Medicaid waiver services.
(6) Services that are performed by a facility described in IC 12-10-15.
As added by P.L.212-2005, SEC.18. Amended by P.L.141-2006, SEC.82.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-5. "Personal Services Agency"

Sec. 5. (a) As used in this chapter, "personal services agency" means a person that provides or offers to provide a personal service for compensation, whether through the agency's own employees or by arrangement with another person.
(b) The term does not include the following:
(1) An individual who provides personal services only to the individual's family or to not more than three (3) individuals per residence and not more than a total of seven (7) individuals concurrently. As used in this subdivision, "family" means the individual's spouse, child, parent, parent-in-law, grandparent, grandchild, brother, brother-in-law, sister, sister-in-law, aunt, aunt-in-law, uncle, uncle-in-law, niece, and nephew.
(2) A local health department as described in IC 16-20 or IC 16-22-8.
(3) A person that:
(A) is approved by the division of disability and rehabilitative services to provide supported living services or supported living support to individuals with developmental disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and
(C) serves only individuals with developmental disabilities who are in a placement authorized under IC 12-11-2.1-4.
As added by P.L.212-2005, SEC.18. Amended by P.L.141-2006, SEC.83.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-7. Unlicensed Agencies; Attorney General

Sec. 7. (a) The state department shall investigate a report of an unlicensed personal services agency operation and report its findings to the attorney general.
(b) The attorney general may do the following:
(1) Seek an injunction in the circuit or superior court of the county in which the unlicensed home health agency is located.
(2) Prosecute violations under section 23 of this chapter.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-8. Unstable Health Conditions

Sec. 8. (a) If a personal services agency is aware that the client's medical or health condition has become unstable or unpredictable, the personal services agency shall notify the client, the client's personal representative, a family member, other relative of the client, or other person identified by the client of the need for a referral for medical or health services. The notification may be given in writing or orally and must be documented in the client's record with the personal services agency.
(b) The personal services agency may continue to provide personal services for a client with an unstable or unpredictable medical or health condition but may not manage or represent itself as able to manage the client's medical or health condition.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-9. Personal Services Agency Manager

Sec. 9. (a) A personal services agency shall employ an individual to act as the personal services agency's manager. The manager is responsible for the organization and daily operation of the personal services agency.
(b) The manager may designate in writing one (1) or more individuals to act on behalf of or to perform any or all the responsibilities of the personal services agency's manager under this chapter.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-10. Service Plan

Sec. 10. The personal services agency's manager or the manager's designee shall prepare a service plan for a client before providing personal services for the client. A permanent change to the service plan requires a written change to the service plan. The service plan must:
(1) be in writing, dated, and signed by the individual who prepared it;
(2) list the types and schedule of services to be provided; and
(3) state that the services to be provided to the client are subject to the client's right to temporarily suspend, permanently terminate, temporarily add, or permanently add the provision of any service.
All permanent changes require a change in the written service plan. The service plan must be signed and dated by the client not later than fourteen (14) days after services begin for the client and not later than fourteen (14) days after any permanent change to the service plan.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-11. Client Satisfaction Review

Sec. 11. The personal services agency's manager or the manager's designee shall conduct a client satisfaction review with the client every seventy-six (76) to one hundred four (104) days to discuss the services being provided and to determine if any change in the plan of services should occur. The review with the client may be in person or by telephone. This client satisfaction review must:
(1) be put in writing; and
(2) be signed and dated by the individual conducting the review.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-12. Client Rights Statement

Sec. 12. The personal services agency shall provide the client or the client's personal representative with the personal services agency's written statement of client rights not more than seven (7) days after providing services to the client. The statement of client rights must include the following information:
(1) The client has the right to have the client's property treated with respect.
(2) The client has the right to temporarily suspend, permanently terminate, temporarily add, or permanently add services in the service plan.
(3) The client has the right to file grievances regarding services furnished or regarding the lack of respect for property by the personal services agency and is not subject to discrimination or reprisal for filing a grievance.
(4) The client has the right to be free from verbal, physical, and psychological abuse and to be treated with dignity.
(5) A statement that it is not within the scope of the personal services agency's license to manage the medical and health conditions of the client if a condition becomes unstable or unpredictable.
(6) The charges for services provided by the personal services agency.
(7) The personal services agency's policy for notifying the client of any increase in the cost of services.
(8) The hours the personal services agency's office is open for business.
(9) That on request the personal services agency will make available to the client a written list of the names and addresses of all persons having at least a five percent (5%) ownership or controlling interest in the personal services agency.
(10) The procedures for contacting the personal services agency's manager, or the manager's designee, while the personal services agency's office is open or closed.
(11) The procedure and telephone number to call to file a complaint with the personal services agency.
(12) That the state department does not inspect personal service agencies as part of the licensing process but does investigate complaints concerning personal service agencies.
(13) The procedure and telephone number to call to file a complaint with the state department along with the business hours of the state department.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-12.5. Client Declining Assistance; Lift Services Not Required

Sec. 12.5. (a) A client who receives attendant care services may decline assistance with any component of the attendant care services, including the use of lift equipment.
(b) Nothing in this chapter shall be construed to require a client to use lift equipment when lift services are provided.
As added by P.L.77-2021, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-13. Complaint Investigations

Sec. 13. A personal services agency shall investigate a complaint made by a client, the client's family, or the client's personal representative regarding:
(1) service that is or fails to be furnished; and
(2) lack of respect for the client's property by anyone furnishing services on behalf of the personal services agency.
The personal services agency shall document the complaint and the resolution of the complaint.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-14. Telephone Contact

Sec. 14. The personal services agency's manager or the manager's designee shall be available to respond to client telephone calls twenty-four (24) hours a day.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-15. Tuberculosis Test

Sec. 15. An employee or agent of a personal services agency who will have direct client contact must complete a tuberculosis test in the same manner as required by the state department for licensed home health agency employees and agents.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-16. Evaluation and Training

Sec. 16. (a) The competency of an employee or agent of a personal services agency who will perform attendant care services at the client's residence must be evaluated by the agency or the agency's designee for each attendant care services task that the personal services agency chooses to have that employee or agent perform. The agency has the sole discretion to determine if an employee or agent is competent to perform an attendant care services task.
(b) After an evaluation, an employee or agent shall be trained in the attendant care services tasks the personal services agency believes require improvement. The employee or agent shall be reevaluated following any training. The evaluation of the employee or agent and determination by the agency that the employee or agent is competent to perform the attendant care services task must occur before the employee or agent performs that task for a client without direct agency supervision.
(c) A personal services agency that offers lift services to clients must train each employee or agent who provides those services on general standards for operating a lift, and train the employee or agent at the location where the client will need those services on the specific instructions on how to safely operate the client's lift in accordance with the manufacturer's instructions and manual. Lift services training is an attendant care services task and each employee or agent must be trained and evaluated in the same manner as required in subsections (a) and (b).
(d) The content of the evaluation and training conducted under this section, including the date and the signature of the person conducting the evaluation and training, must be documented for each employee or agent who performs personal services, including lift services.
As added by P.L.212-2005, SEC.18. Amended by P.L.77-2021, SEC.4.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-17. Disclosure of Ownership

Sec. 17. (a) Disclosure of ownership and management information must be made to the state department:
(1) at the time of the personal services agency's request for licensure;
(2) during each survey of the personal services agency; and
(3) when there is a change in the management or in an ownership interest of more than five percent (5%) of the personal services agency.
(b) The disclosure under subsection (a) must include the following:
(1) The name and address of all persons having at least five percent (5%) ownership or controlling interest in the personal services agency.
(2) The name and address of each person who is an officer, a director, a managing agent, or a managing employee of the personal services agency.
(3) The name and address of the person responsible for the management of the personal services agency.
(4) The name and address of the chief executive officer and the chairperson (or holder of the equivalent position) of the governing body that is responsible for the person identified under subdivision (3).
(c) The determination of an ownership interest and the percentage of an ownership interest under this chapter must be determined under 42 CFR 420.201 and 42 CFR 420.202, as in effect on July 1, 2005.
As added by P.L.212-2005, SEC.18. Amended by P.L.7-2015, SEC.42.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-18. Compliance Documentation

Sec. 18. A personal services agency shall document evidence of compliance with the requirements of this chapter and document services provided to clients. The documentation or copies of the documentation must be maintained or be electronically accessible at a personal services agency's office in Indiana for not less than seven (7) years.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-19. Penalties

Sec. 19. (a) The state health commissioner may take one (1) or more of the following actions on any ground listed in subsection (b):
(1) Issue a probationary license.
(2) Conduct a resurvey.
(3) Deny renewal of a license.
(4) Revoke a license.
(5) Impose a civil penalty in an amount not to exceed one thousand dollars ($1,000).
(b) The state health commissioner may take action under subsection (a) on any of the following grounds:
(1) Violation of a provision of this chapter or a rule adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of an illegal act in a personal services agency.
(c) IC 4-21.5 applies to an action under this section.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-20. Rules

Sec. 20. (a) The state department shall adopt rules under IC 4-22-2 to govern the procedure for the following:
(1) Issuing, renewing, denying, or revoking a personal services agency license.
(2) Investigating a complaint against a personal services agency that alleges a violation of this chapter.
(3) Collecting fees required under this chapter.
(b) The state department may not add to the substantive or procedural requirements in this chapter.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-21. Penalty Review

Sec. 21. A licensee or an applicant for a license aggrieved by an action under this chapter may request a review under IC 4-21.5.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 4. Licensure of Personal Services Agencies › 16-27-4-23. Penalty

Sec. 23. A person who knowingly or intentionally:
(1) operates a personal services agency; or
(2) advertises the operation of a personal services agency;
that is not licensed under this chapter commits a Class A misdemeanor.
As added by P.L.212-2005, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-2. "Office"

Sec. 2. As used in this chapter, "office" refers to the office of the secretary of family and social services established by IC 12-8-1.5-1.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-3. "Secretary"

Sec. 3. As used in this chapter, "secretary" refers to the secretary of family and social services appointed under IC 12-8-1.5-2.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-4. Authority to Enter Into a Cooperative Agreement

Sec. 4. Home health agencies may enter into cooperative agreements to carry out the following activities for the Hoosier Care Connect program:
(1) To form and operate, either directly or indirectly, one (1) or more networks of home health agencies to arrange for the provision of health care services through such networks.
(2) To contract, either directly or through such networks, with the office, or the office's contractors, to provide:
(A) services to Medicaid beneficiaries; and
(B) health care services in an efficient and cost effective manner on a prepaid, capitation, or other reimbursement basis.
(3) To undertake other managed health care activities.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-5. Participating Provider

Sec. 5. (a) Any health care provider licensed under this title or IC 25 may apply to become a participating provider in the networks described in this chapter provided the services the provider contracts for are within the lawful scope of the provider's practice.
(b) This section does not require a plan or network to provide coverage for any specific health care service.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-6. Organizations Authorized to Undertake Activities

Sec. 6. A home health agency may authorize any of the following, or any combination of the following, to undertake or effectuate any of the activities identified in this chapter:
(1) The Indiana Association for Home and Hospice Care, Inc.
(2) Any subsidiary of the corporation named in subdivision (1).
(3) Any other association, corporation, or other person approved by the secretary.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 5. Home Health Agency Cooperative Agreements › 16-27-5-7. Supervision

Sec. 7. The secretary or the secretary's designee shall supervise and oversee the activities described in this chapter and may take the following actions:
(1) Gather relevant facts, collect data, conduct public hearings, invite and receive public comments, investigate market conditions, conduct studies, and review documentary evidence or require the home health agencies or their third party designee to do the same.
(2) Evaluate the substantive merits of any action to be taken by the home health agencies and assess whether the action comports with the standards established by the general assembly.
(3) Issue written decisions approving, modifying, or disapproving the recommended action, and explaining the reasons and rationale for the decision.
(4) Require home health agencies or their third party designees to report annually on the extent of the benefits realized by the actions taken under this chapter.
As added by P.L.143-2022, SEC.46.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-1. Repealed

[Pre-1993 Recodification Citation: 16-10-4-3.]
As added by P.L.2-1993, SEC.11. Amended by P.L.4-1993, SEC.230; P.L.5-1993, SEC.243; P.L.141-2006, SEC.84; P.L.145-2006, SEC.134; P.L.1-2007, SEC.133. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-2. Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.]
As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-3. Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.]
As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-4. Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.]
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.2. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-5. Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(a) part.]
As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-6. Repealed

[Pre-1993 Recodification Citation: 16-10-4-4(b).]
As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-7. Adoption of Rules; Fire Safety Rule Recommendations; Classification of Facilities

Sec. 7. The state department shall do the following:
(1) Adopt rules under IC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect the health, safety, security, rights, and welfare of patients.
(B) Qualifications of applicants for licenses issued under this article to assure the proper care of patients.
(C) Operation, maintenance, management, equipment, and construction of facilities required to be licensed under this article if jurisdiction is not vested in any other state agency.
(D) Manner, form, and content of the license, including rules governing disclosure of ownership interests.
(E) Levels of medical staffing and medical services in cooperation with the office of Medicaid policy and planning, division of family resources, and other agencies authorized to pay for the services.
(2) Recommend to the fire prevention and building safety commission fire safety rules necessary to protect the health, safety, security, rights, and welfare of patients.
(3) Classify health facilities in health care categories.
[Pre-1993 Recodification Citation: 16-10-4-5(a).]
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.3; P.L.145-2006, SEC.135; P.L.156-2011, SEC.21; P.L.141-2014, SEC.9.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-8. Repealed

[Pre-1993 Recodification Citation: 16-10-4-5(b).]
As added by P.L.2-1993, SEC.11. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-10. Waiver of Rules

Sec. 10. (a) The state health commissioner may, for good cause shown, waive for a specified time any rule that may be waived under the following for a health facility:
(1) This article.
(2) IC 16-29.
(3) IC 16-30.
(b) The granting of a waiver may not adversely affect the health, safety, and welfare of the patients or residents.
[Pre-1993 Recodification Citation: 16-10-4-5.1.]
As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.22.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-11. Qualified Medication Aides and Certified Nurse Aides; Certification by State Department; Registry

Sec. 11. (a) Unless an individual is certified under this section:
(1) the individual may not practice as a qualified medication aide or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide.
(b) The state department shall do the following:
(1) Establish a program for the certification of qualified medication aides and certified nurse aides who work in facilities licensed under this article.
(2) Approve education and training programs for qualified medication aides and certified nurse aides, including course and inservice requirements.
(3) Determine the standards concerning the functions that may be performed by a qualified medication aide and a certified nurse aide.
(4) Establish annual certification fees for qualified medication aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and enforce this section.
(c) The education and training programs approved by the state department:
(1) must include a competency test that an individual must pass before being granted an initial certification as:
(A) a qualified medication aide; or
(B) a certified nurse aide; and
(2) must include an optional training module for qualified medication aides in administering insulin, including:
(A) at least four (4), and not more than eight (8), hours of classroom training;
(B) at least two (2), and not more than four (4), hours of practical training; and
(C) passing a written and practical examination administered by the trainer;
in insulin administration to be completed before a qualified medication aide may administer insulin.
(d) The state department shall maintain a registry of each individual who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted under IC 16-27-1-7.
(e) The state department may conduct hearings for violations of this section under IC 4-21.5.
(f) The state department's authority under this section includes the ability to collect information from individuals certified as a qualified medication aide or certified nurse aide, as specified under IC 25-1-2-10.
[Pre-1993 Recodification Citation: 16-10-4-5.5.]
As added by P.L.2-1993, SEC.11. Amended by P.L.24-2002, SEC.1; P.L.156-2011, SEC.23; P.L.226-2011, SEC.5; P.L.180-2019, SEC.1; P.L.148-2023, SEC.3.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-11.5. Qualified Medication Aide Prohibited From Injecting Medicines; Exception

Sec. 11.5. (a) Except as provided in subsection (b), a qualified medication aide certified under section 11 of this chapter may not administer injectable medications.
(b) A qualified medication aide certified under section 11 of this chapter may administer insulin to a specific patient at a health facility licensed under this article if:
(1) a registered nurse, under IC 25-23-1-1.1(b)(6):
(A) supervises the qualified medication aide in administering the insulin; or
(B) delegates responsibility for administering the insulin to the qualified medication aide based on the registered nurse's assessment of the qualified medication aide's competency to administer insulin;
(2) the health facility where the qualified medication aide is employed:
(A) permits the qualified medication aide to administer insulin;
(B) establishes a procedure for:
(i) the delegation of insulin administration from a registered nurse to a qualified medication aide that includes patient-specific clinical parameters based on the registered nurse's assessment of the patient and the qualified medication aide's competency to administer the insulin; and
(ii) when the patient-specific parameters require a new assessment by the registered nurse;
(C) retains documentation that the qualified medication aide has completed the optional training module described in section 11(c)(2) of this chapter; and
(D) notifies each patient upon admission to the health facility that the health facility may allow qualified medication aides to administer insulin; and
(3) the qualified medication aide does not administer a dose of concentrated insulin equal to or greater in strength or activity than a dose of U-500 insulin.
(c) The state department may require a qualified medication aide who administers insulin under this section to annually complete not more than one (1) hour of inservice training specific to administration of insulin.
As added by P.L.180-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-12. Repealed

[Pre-1993 Recodification Citation: 16-10-4-6.]
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.4; P.L.156-2011, SEC.24; P.L.197-2011, SEC.66. Repealed by P.L.141-2014, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-13. Licensure Inspections; Reports

Sec. 13. (a) Licensure inspections of health facilities shall be made regularly in accordance with rules adopted under this chapter. The division shall make all health and sanitation inspections. The department of homeland security shall make all fire safety inspections.
(b) The exact date of an inspection of a health facility under this chapter may not be announced or communicated directly or indirectly to the owner, administrator, or an employee of the facility before the inspection. An employee of the state department who knowingly or intentionally informs a health facility of the exact date of an inspection shall be suspended without pay for five (5) days for a first offense and shall be dismissed for a subsequent offense.
(c) Reports of all inspections must be:
(1) in writing; and
(2) sent to the health facility.
(d) The report of an inspection and records relating to the inspection may not be released to the public until the conditions set forth in IC 16-19-3-25 are satisfied.
[Pre-1993 Recodification Citation: 16-10-4-7.]
As added by P.L.2-1993, SEC.11. Amended by P.L.190-1995, SEC.5; P.L.1-2006, SEC.299; P.L.141-2014, SEC.12; P.L.187-2021, SEC.56.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 1. Health Facilities Council › 16-28-1-14. Provision of Licensure Inspection Report Copies and Summaries; Maintenance and Inspection of Reports

Sec. 14. (a) The division shall provide, on the request of any person and payment of a fee to cover the direct and indirect costs of complying with the request:
(1) a copy of a report of an inspection from the public file of a health facility;
(2) a brief descriptive summary of the annual survey report of a health facility; or
(3) both.
(b) Reports of all inspections under this chapter shall be maintained by each health facility for two (2) years and shall be made available for inspection by any member of the public upon request.
[Pre-1993 Recodification Citation: 16-10-4-8.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-1. License Required; Licensing of State Institutions and Municipal Corporations

Sec. 1. A person must obtain a license from the director before the person may operate a health facility. A state institution or municipal corporation may specifically request licensure and upon compliance with this chapter may be licensed under this chapter.
[Pre-1993 Recodification Citation: 16-10-4-9(a).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-2. Applications

Sec. 2. To obtain a license, an applicant must submit an application on the prescribed form showing that the applicant is of reputable and responsible character and able to comply with the standards for health facilities established by this chapter and rules adopted under this chapter.
[Pre-1993 Recodification Citation: 16-10-4-9(b).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-3. Requirements for Licensure; Tax Warrant List

Sec. 3. (a) Before the director may issue a license to a health facility, the director must find that the health facility, within the care category for which license is sought, is adequate in each of the following respects:
(1) The physical structure in which the service is to be performed.
(2) The educational level, number, and personal health of the staff.
(3) The financial ability to provide the service to be performed.
(4) The equipment with which to perform the service.
(5) The operating history of other health facilities owned or managed by the same person who owns or manages the facility. The director may recommend denial of licensure to a new facility or facility applying for licensure under new ownership where the owner or manager has a record of operation of other health facilities in substantial breach of this chapter or any other law governing health facilities.
(b) If the department of state revenue notifies the department that a person is on the most recent tax warrant list, the department shall not issue or renew the person's license until:
(1) the person provides to the department a statement from the department of state revenue indicating that the person's tax warrant has been satisfied; or
(2) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
[Pre-1993 Recodification Citation: 16-10-4-9(c).]
As added by P.L.2-1993, SEC.11. Amended by P.L.172-2011, SEC.118.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-4. Issuance of Licenses; Types; Denial, Revocation, and Refusal to Renew Licenses

Sec. 4. The director may under IC 4-21.5-3-5 do one (1) of the following:
(1) Issue a full license for not more than one (1) year, on finding that the applicant complies with the provisions of this article and rules adopted under this article.
(2) Issue a provisional license to a new facility or to a facility under new ownership for not more than twelve (12) consecutive months if the applicant can assure the director that the applicant will comply with this article and rules adopted under this article. A provisional license may not be continued beyond twelve (12) consecutive months.
(3) Issue a probationary license to an existing facility as described in IC 16-28-3.
(4) Deny, revoke, or refuse to renew the issuance of a license.
[Pre-1993 Recodification Citation: 16-10-4-9(d).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-5. Exclusive Use of Licenses

Sec. 5. A license issued under this chapter is not assignable or transferable and may be issued only for the person and premises named in the application.
[Pre-1993 Recodification Citation: 16-10-4-9(e).]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-6. Disclosure Statements; Affiliations; Advertising

Sec. 6. (a) This section does not apply to a health facility that:
(1) does not require the investment of money or the payment of money or other consideration for admission; and
(2) only charges daily or monthly rates for room, board, and care.
(b) A health facility may be licensed or relicensed under this chapter only if a disclosure statement is filed with the director at the time of application on forms provided by the director that contains the following information:
(1) Whether the health facility is affiliated with a religious, charitable, or other nonprofit organization.
(2) The nature and extent of the affiliation, if any, including the extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility.
(c) The health facility shall deliver a copy of the current disclosure statement on file with the director as provided by subsection (b) to each prospective resident.
(d) If a health facility is affiliated with a religious, charitable, or other nonprofit organization, the health facility must include in the health facility's advertisements and solicitations a summary statement disclosing the following:
(1) The affiliation between the health facility and the religious, charitable, or other nonprofit organization.
(2) The extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility.
(e) If a health facility is not affiliated with a religious, charitable, or other nonprofit organization but the name of the health facility or the person operating the health facility implies an affiliation, the health facility must include in all the health facility's advertisements and solicitations a summary statement disclosing the following:
(1) That the health facility is not affiliated with a religious, charitable, or other nonprofit organization.
(2) That no religious, charitable, or other nonprofit organization is responsible for the financial or contractual obligations of the health facility.
(f) Whenever there is a change in the affiliation of the health facility with a religious, charitable, or other nonprofit organization, including a change in the extent, if any, to which the affiliated organization is responsible for the financial and contractual obligations of the health facility, the health facility shall amend:
(1) the health facility's disclosure statement on file with the director as required by subsection (b); and
(2) the summary statement included in the health facility's advertisements and solicitations as required by subsections (d) and (e);
if an amendment is necessary to prevent the statement from containing any misstatement of fact or omission to state a material fact required to be stated.
[Pre-1993 Recodification Citation: 16-10-4-13.]
As added by P.L.2-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 28. Health Facilities › Chapter 2. Licensure of Health Facilities › 16-28-2-6.5. Disclosure to Prospective Residents

Sec. 6.5. A health facility shall disclose the following to each prospective resident in writing:
(1) Information concerning the long term care ombudsman program (IC 12-10-13), including information on how to contact the long term care ombudsman and the state department concerning a health facility.
(2) Any policy of the health facility under which, regardless of whether the resident resides at the health facility for the full month or for a partial month, the health facility charges the resident the full monthly rate.
As added by P.L.173-2019, SEC.1.