reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 25. Hospice Programs › Chapter 6. Criminal History of Hospice Owners, Operators, Employees, and Volunteers › 16-25-6-5. Violations

Sec. 5. A person who:
(1) owns or operates a hospice program; and
(2) violates section 2 or 3 of this chapter;
commits a Class A infraction.
As added by P.L.256-1999, SEC.16.
2023 Indiana Code › Title 16. Health › Article 25. Hospice Programs › Chapter 7. Disclosure Requirements › 16-25-7-1. Disclosure Document Presented to Potential Patients

Sec. 1. Each hospice program licensed or approved under this article shall prepare and update as necessary a disclosure document to be presented to each potential patient of the hospice program.
As added by P.L.256-1999, SEC.17.
2023 Indiana Code › Title 16. Health › Article 25. Hospice Programs › Chapter 7. Disclosure Requirements › 16-25-7-2. Contents of Disclosure Document

Sec. 2. The disclosure document required under section 1 of this chapter must contain at least the following:
(1) A description of all hospice services provided by the hospice program, including the:
(A) types of nursing services;
(B) other services;
(C) specific services available during the progressive stages of the terminal illness and thereafter; and
(D) a statement that the extent of hospice services and supplies are dispensed based on the hospice program patient's individual needs as determined by the interdisciplinary team.
(2) An explanation of the hospice program's internal complaint resolution process.
(3) A statement that the hospice program patient has the right to participate in the planning of the patient's care.
(4) A statement that a hospice program patient may refuse any component of hospice services offered by the hospice program.
(5) A statement that a hospice employee may provide supplies to a:
(A) hospice program patient; or
(B) hospice program patient's family;
in addition to the supplies provided by the hospice program, but the employee may only be reimbursed for the supplies by providing a written receipt to the hospice program patient or the hospice program patient's family.
(6) A statement that the hospice program patient may request the hospice program to provide, on a monthly basis, an itemized statement of services and supplies delivered to the patient, as submitted to the patient's payor.
(7) The toll free number established by the state department under IC 16-25-5-4 to receive complaints from hospice program patients and the family members of hospice program patients regarding the hospice program.
As added by P.L.256-1999, SEC.17.
2023 Indiana Code › Title 16. Health › Article 25. Hospice Programs › Chapter 7. Disclosure Requirements › 16-25-7-3. Plan of Care

Sec. 3. The hospice program must:
(1) include in the plan of care the professional disciplines that will furnish the care to the patient and the frequency of visits proposed to be furnished; and
(2) advise the hospice program patient of any change in the plan of care.
As added by P.L.256-1999, SEC.17.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 1. Registration of Maternity Homes › 16-26-1-1. Registration of Maternity Homes; Necessity if Applying for Grant or Tax Credit

Sec. 1. (a) A maternity home operator may register a maternity home with the state department.
(b) A maternity home operator that applies for a grant under IC 16-26-2 or a tax credit under IC 6-3.1-14 must be registered with the state department.
[Pre-1993 Recodification Citation: 16-2.5-2-1.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 1. Registration of Maternity Homes › 16-26-1-2. Rules

Sec. 2. The state department shall adopt rules under IC 4-22-2 to register maternity homes.
[Pre-1993 Recodification Citation: 16-2.5-2-2.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 1. Registration of Maternity Homes › 16-26-1-3. Confidentiality of Records; Application of Section

Sec. 3. (a) This section does not apply to the following:
(1) A proceeding involving the registration of a maternity home.
(2) A court proceeding.
(3) A tax audit.
(b) The state department may not disclose, in a manner that identifies an individual pregnant woman, information received through filed forms, reports, registration, inspection, or other means specified in a rule adopted under IC 16-19-3-4.
[Pre-1993 Recodification Citation: 16-2.5-2-3.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 1. Registration of Maternity Homes › 16-26-1-4. Tax Credit; Required Information

Sec. 4. A maternity home operator that seeks to claim a tax credit under IC 6-3.1-14 for operating a maternity home that is registered under this chapter shall file with the state department a form provided by the state department certifying the following information:
(1) The tax credit the maternity home operator desires to claim for the taxable year.
(2) Information on each pregnant woman claimed, including the following:
(A) Name.
(B) Last known address.
(C) Dates resided with maternity home operator.
(D) Current status of pregnancy.
(E) Date or expected date of delivery.
[Pre-1993 Recodification Citation: 16-2.5-2-4.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-1. Applicant Defined

Sec. 1. As used in this chapter, "applicant" means a nonprofit organization that:
(1) is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(2) is registered as a maternity home under IC 16-26-1; and
(3) applies to the state department for a grant from the fund for the purpose of expanding, creating, or improving a maternity home.
[Pre-1993 Recodification Citation: 16-2.5-3-1.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-2. Fund Defined

Sec. 2. As used in this chapter, "fund" refers to the maternity assistance development fund.
[Pre-1993 Recodification Citation: 16-2.5-3-2.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-3. Maternity Assistance Development Fund; Establishment; Purpose

Sec. 3. The maternity assistance development fund is established for the purpose of making grants to eligible applicants in accordance with this chapter and rules adopted under this chapter.
[Pre-1993 Recodification Citation: 16-2.5-3-3(a).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-4. Maternity Assistance Development Fund; Administration; Rules

Sec. 4. The state department shall administer the fund. The state department may adopt rules under IC 4-22-2 for the administration of the fund and this chapter.
[Pre-1993 Recodification Citation: 16-2.5-3-3(b).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-5. Maternity Assistance Development Fund; Grants, Gifts, and Contributions

Sec. 5. The state department may receive and accept for deposit in the fund grants, gifts, and contributions from public and private sources, including on behalf of the state grants from the federal government.
[Pre-1993 Recodification Citation: 16-2.5-3-3(c).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-6. Federal Funding

Sec. 6. The state department shall apply for federal funding that becomes available to the state for activities associated with maternity homes.
[Pre-1993 Recodification Citation: 16-2.5-3-3(d).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-7. Maternity Assistance Development Fund; Administrative Expenses

Sec. 7. The expenses of administering the fund shall be paid from the money in the fund.
[Pre-1993 Recodification Citation: 16-2.5-3-4(a).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-8. Maternity Assistance Development Fund; Investment

Sec. 8. The treasurer of state shall invest the money not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest shall be deposited in the fund.
[Pre-1993 Recodification Citation: 16-2.5-3-4(b).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-9. Maternity Assistance Development Fund; Reversion

Sec. 9. Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1993 Recodification Citation: 16-2.5-3-4(c).]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-10. Fund Grants; Eligibility; Application; Forms

Sec. 10. To be eligible to receive a grant from the fund, an applicant must apply to the state department on forms provided by the state department.
[Pre-1993 Recodification Citation: 16-2.5-3-5.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-11. Fund Grants; Purposes

Sec. 11. The state department may approve a grant to a registered maternity home for any of the following purposes:
(1) To expand, create, or improve facilities.
(2) To provide educational assistance, prenatal or child care classes, or job training for pregnant women.
(3) To provide equipment or supplies so that more pregnant women may be assisted.
(4) To provide training for staff or personnel of the maternity home.
(5) To provide temporary residence for pregnant women.
(6) To provide or improve prenatal services for pregnant women that have no access to other prenatal services.
[Pre-1993 Recodification Citation: 16-2.5-3-6.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 26. Maternity Homes › Chapter 2. Maternity Assistance Development Fund › 16-26-2-12. Fund Grants; Considerations in Approving Applications

Sec. 12. The state department shall consider the following factors before approving a grant application:
(1) The number of pregnant women that will benefit from the grant.
(2) The services that the applicant's program will provide.
(3) The need for services in the applicant's location.
(4) The amount of money, if any, the applicant or other donors will contribute to the applicant's proposed program.
(5) The eligibility requirements to participate in the applicant's program.
(6) The quality of prenatal services provided in the home if prenatal services are provided there. If prenatal services are not provided in the home, the availability of prenatal services.
[Pre-1993 Recodification Citation: 16-2.5-3-7.]
As added by P.L.2-1993, SEC.9.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-0.5. Repealed

As added by P.L.152-2005, SEC.2. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-1. Repealed

As added by P.L.12-2004, SEC.5. Amended by P.L.152-2005, SEC.3; P.L.197-2007, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-2. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-3. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-4. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-5. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-6. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-7. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-8. Repealed

As added by P.L.12-2004, SEC.5. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 0.5. Proposal of Rule or Rule Amendment by Health Care Advisory Council › 16-27-0.5-9. Rules

Sec. 9. The state department may adopt rules under IC 4-22-2 necessary to protect the health, safety, rights, and welfare of the home health care patients and hospice patients.
As added by P.L.12-2004, SEC.5. Amended by P.L.156-2011, SEC.20; P.L.197-2011, SEC.63; P.L.6-2012, SEC.117; P.L.141-2014, SEC.8.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-1. "Health Care Professional"

Sec. 1. As used in this chapter, "health care professional" means any of the following:
(1) A licensed physician.
(2) A licensed dentist.
(3) A licensed chiropractor.
(4) A licensed podiatrist.
(5) A licensed optometrist.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist; or
(B) occupational therapy assistant;
licensed under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a social work assistant.
(12) A pharmacist licensed under IC 25-26-13.
(13) An advanced practice registered nurse licensed under IC 25-23.
(14) A physician assistant licensed under IC 25-27.5.
[Pre-1993 Recodification Citation: 16-10-2.2-1.]
As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.1; P.L.147-1997, SEC.1; P.L.197-2007, SEC.6; P.L.197-2011, SEC.64; P.L.207-2021, SEC.11.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-2. "Home Health Agency"

Sec. 2. (a) As used in this chapter, "home health agency" means a person that provides or offers to provide:
(1) nursing services; or
(2) nursing services and at least one (1) home health service;
for compensation.
(b) The term does not include the following:
(1) An individual health care professional who provides professional services to a patient in the temporary or permanent residence of the patient.
(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 supports 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.
(4) A person providing services under the Program of All-Inclusive Care for the Elderly (PACE) described in IC 12-15-43.
(5) A person that only administers home infusion therapy based on a specialty medication prescription received from a pharmacy.
[Pre-1993 Recodification Citation: 16-10-2.2-4.]
As added by P.L.2-1993, SEC.10. Amended by P.L.37-2003, SEC.1; P.L.141-2006, SEC.80; P.L.210-2021, SEC.1.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-3. Repealed

[Pre-1993 Recodification Citation: 16-10-2.2-2.]
As added by P.L.2-1993, SEC.10. Repealed by P.L.110-1999, SEC.6.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-4. "Home Health Aide Services"

Sec. 4. As used in this chapter, "home health aide services" means only home health services that may be performed by a home health aide.
[Pre-1993 Recodification Citation: 16-10-2.2-3.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-5. "Home Health Services"

Sec. 5. (a) As used in this chapter, "home health services" means services that:
(1) are provided to a patient by:
(A) a home health agency; or
(B) another person under an arrangement with a home health agency;
in the temporary or permanent residence of the patient; and
(2) either, are required by law to be:
(A) ordered by a licensed physician, a licensed advanced practice registered nurse, a licensed physician assistant, a licensed dentist, a licensed chiropractor, a licensed podiatrist, or a licensed optometrist for the service to be performed; or
(B) performed only by a health care professional.
(b) The term includes the following:
(1) Nursing treatment and procedures.
(2) Physical therapy.
(3) Occupational therapy.
(4) Speech therapy.
(5) Medical social services.
(6) Home health aide services.
(7) Community based palliative care (as defined in IC 16-25-4.7-1).
(8) Other therapeutic services.
(c) The term does not apply to the following:
(1) Services provided by a physician licensed under IC 25-22.5.
(2) Incidental services provided by a licensed health facility to patients of the licensed health facility.
(3) Services provided by employers or membership organizations using health care professionals for their employees, members, and families of the employees or members if the health or home care services are not the predominant purpose of the employer or a membership organization's business.
(4) Nonmedical nursing care given in accordance with the tenets and practice of a recognized church or religious denomination to a patient who depends upon healing by prayer and spiritual means alone in accordance with the tenets and practices of the patient's church or religious denomination.
(5) Services that are allowed to be performed by an attendant under IC 16-27-1-10.
(6) Authorized services provided by a personal services attendant under IC 12-10-17.1.
[Pre-1993 Recodification Citation: 16-10-2.2-5.]
As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.2; P.L.255-2001, SEC.14; P.L.212-2005, SEC.10; P.L.141-2006, SEC.81; P.L.207-2021, SEC.12; P.L.147-2023, SEC.11.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-6. "Patient"

Sec. 6. As used in this chapter, "patient" means an individual who has been accepted for care by a home health agency.
[Pre-1993 Recodification Citation: 16-10-2.2-6.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-7. Rules

Sec. 7. The state department shall adopt rules under IC 4-22-2 to do the following:
(1) Protect the health, safety, and welfare of patients.
(2) Govern the qualifications of applicants for licenses.
(3) Govern the operating policies, supervision, and maintenance of service records of home health agencies.
(4) Govern the procedure for issuing, renewing, denying, or revoking an annual license to a home health agency, including the following:
(A) The form and content of the license.
(B) The collection of an annual license fee of not more than two hundred fifty dollars ($250) that the state department may waive.
(5) Exempt persons who do not provide home health services under this chapter.
[Pre-1993 Recodification Citation: 16-10-2.2-9.]
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005, SEC.11.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-7.1. Authority of State Department

Sec. 7.1. The state department's authority under this chapter includes the ability to collect information from individuals who provide home health aide services, as specified under IC 25-1-2-10.
As added by P.L.148-2023, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-7.5. Waiver of Rules

Sec. 7.5. The state health commissioner may waive a rule adopted under this chapter if the state health commissioner determines that the person requesting the waiver has:
(1) shown good cause; and
(2) affirmatively demonstrated that the requested waiver of a rule will not adversely affect or increase any risk to the health, safety, or welfare of existing or potential patients or residents.
As added by P.L.117-2023, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-8. Licensing; Tax Warrant List

Sec. 8. (a) To operate a home health agency, a person must first obtain a license from the state health commissioner, unless the person is exempted by a rule adopted by the state department.
(b) The state health commissioner may also permit persons who are not required to be licensed under this chapter to be voluntarily licensed if:
(1) the services provided by the person are substantially similar to those provided by licensed home health agencies under this chapter; and
(2) licensure will assist the person in obtaining:
(A) payment for services; or
(B) certification.
(c) 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: 16-10-2.2-10.]
As added by P.L.2-1993, SEC.10. Amended by P.L.172-2011, SEC.117.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-9. Operation of Unlicensed Home Health Agencies

Sec. 9. (a) The state department shall investigate a report of an unlicensed home health 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 15 of this chapter.
[Pre-1993 Recodification Citation: 16-10-2.2-11.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-10. Services Not Prohibited

Sec. 10. This chapter does not prohibit the provision of:
(1) homemaker services, including shopping, laundry, cleaning, and seasonal chores;
(2) companion type services, including transportation, letter writing, mail reading, and escort services;
(3) assistance with cognitive tasks, including managing finances, planning activities, and making decisions;
(4) attendant care services; or
(5) any other services for which an individual license, certification, registration, or permit is not required under state law.
[Pre-1993 Recodification Citation: 16-10-2.2-12.]
As added by P.L.2-1993, SEC.10. Amended by P.L.256-1999, SEC.18; P.L.255-2001, SEC.15.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-11. Home Health Agency Operated by Licensed Hospital or Health Facility

Sec. 11. For purposes of this chapter, a facility licensed under IC 16-21-2 or IC 16-28-2 that operates a home health agency is subject to the rules adopted under this chapter for the facility's home health agency. However, the facility may only be licensed under IC 16-21-2 or IC 16-28-2, respectively.
[Pre-1993 Recodification Citation: 16-10-2.2-13.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-12. Prohibited Acts; Penalties

Sec. 12. (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 letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Revoke a license.
(6) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000).
(b) The state health commissioner may take action under subsection (a) on any of the following grounds:
(1) Violation of any of the provisions of this chapter or rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of an illegal act in a home health agency.
(3) Conduct or practice found by the state department to be detrimental to the welfare of the patients of the home health care agency.
(c) 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 or rule adopted under 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 or rule adopted 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 or rules adopted by the state department;
(4) retaliates or discriminates against a patient, health care representative, power of attorney, employee, agency staff member, or any other person for:
(A) contacting or providing information to any state official; or
(B) initiating, participating in, or testifying in an action under this article or rules adopted by the state department; 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.
(d) In addition to the criminal provisions for violations described in this section, the commissioner may commence an action under IC 4-21.5 for issuance of an order of compliance and assess a civil penalty not to exceed twenty-five thousand dollars ($25,000).
[Pre-1993 Recodification Citation: 16-10-2.2-14.]
As added by P.L.2-1993, SEC.10. Amended by P.L.45-2020, SEC.5.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-13. Review

Sec. 13. A licensee or an applicant for a license aggrieved by an action under this chapter may request review under IC 4-21.5.
[Pre-1993 Recodification Citation: 16-10-2.2-15.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-15. Operation or Advertisement of Unlicensed Home Health Agency; Violation; Classification

Sec. 15. A person who:
(1) operates a home health agency; or
(2) advertises the operation of a home health agency;
that is not licensed commits a Class A misdemeanor.
[Pre-1993 Recodification Citation: 16-10-2.2-17.]
As added by P.L.2-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-16. Acceptance of Written Orders for Home Health Services

Sec. 16. (a) A licensed home health agency may accept written orders for home health services from a physician, an advanced practice registered nurse, a physician assistant, a dentist, a chiropractor, a podiatrist, or an optometrist licensed in Indiana or any other state. If the physician, advanced practice registered nurse, physician assistant, dentist, chiropractor, podiatrist, or optometrist is licensed in a state other than Indiana, the home health agency shall take reasonable immediate steps to determine that:
(1) the order complies with the laws of the state where the order originated; and
(2) the individual who issued the order examined the patient and is licensed to practice in that state.
(b) All orders issued by a physician, an advanced practice registered nurse, a physician assistant, a dentist, a chiropractor, a podiatrist, or an optometrist for home health services:
(1) must meet the same requirements whether the order originates in Indiana or another state; and
(2) from another state may not exceed the authority allowed under orders from the same profession in Indiana under IC 25.
As added by P.L.146-1996, SEC.3. Amended by P.L.207-2021, SEC.13.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-17. Third Party Billing Notice

Sec. 17. A home health agency that provides to a patient notice concerning a third party billing for a home health service provided to the patient shall ensure that the notice:
(1) conspicuously states that the notice is not a bill;
(2) does not include a tear-off portion; and
(3) is not accompanied by a return mailing envelope.
As added by P.L.178-2003, SEC.6.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-18. Provision of Services Permitted in Any County; Rules

Sec. 18. (a) A home health agency may provide services in any county in Indiana.
(b) The state department may adopt rules under IC 4-22-2 to provide appropriate oversight and supervision of the services a home health agency provides in noncontiguous counties.
As added by P.L.117-2023, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-19. Preemployment Physical Not Required

Sec. 19. A home health agency is not required to conduct a preemployment physical on a job applicant before the individual has contact with a home health agency patient.
As added by P.L.117-2023, SEC.4.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1. Licensure of Home Health Agencies › 16-27-1-20. Supervision of Home Health Aide Services

Sec. 20. Notwithstanding any other law or administrative rule, a home health agency may satisfy the requirements of supervising home health aide services by complying with 42 CFR 484.80(h) et seq.
As added by P.L.117-2023, SEC.5.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1.5. Registration of Home Health Aides › 16-27-1.5-1. Home Health Aide Included in Registry of Nurse Aides

Sec. 1. The state department shall include in the registry of nurse aides required by 42 CFR 483.156(a) a home health aide who has successfully completed a home health aide competency evaluation program as required by 42 CFR 484.36.
As added by P.L.110-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1.5. Registration of Home Health Aides › 16-27-1.5-2. Information Required for Entry in Registry

Sec. 2. Information required for entry of a home health aide in the registry of nurse aides described in section 1 of this chapter must be the same as the information required for nurse aides under 42 CFR 483.156(c).
As added by P.L.110-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1.5. Registration of Home Health Aides › 16-27-1.5-3. Review and Investigation of Allegations Against Home Health Aides

Sec. 3. (a) The state department shall establish a procedure for the receipt and the timely review and investigation of allegations of:
(1) neglect of a patient;
(2) abuse of a patient; or
(3) misappropriation of patient property;
by a home health aide.
(b) The procedure required under subsection (a) must allow for:
(1) reasonable notice to the home health aide; and
(2) reasonable opportunity for a hearing in which the home health aide may rebut the allegation.
(c) The state department shall, after following the procedure required under this section, make a finding whether the home health aide:
(1) neglected a patient;
(2) abused a patient; or
(3) misappropriated patient property.
(d) If the state department determines that a home health aide has:
(1) neglected a patient;
(2) abused a patient; or
(3) misappropriated patient property;
the state department shall notify the registry of nurse aides of that determination.
As added by P.L.110-1999, SEC.2.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 1.5. Registration of Home Health Aides › 16-27-1.5-5. Approved Dementia Training for Home Health Aides

Sec. 5. (a) This section applies to a registered home health aide who:
(1) is employed as a home health aide; and
(2) provides care to an individual who has been diagnosed with or experiences symptoms of Alzheimer's disease, dementia, or a related cognitive disorder.
(b) As used in this section, "approved dementia training" refers to a dementia training program:
(1) for use in training home health aides in the care of individuals described in subsection (a)(2); and
(2) that has been approved by the state department under subsection (f).
(c) Not later than sixty (60) days after the date on which a home health aide is initially hired to care for an individual with Alzheimer's disease, dementia, or a related cognitive disorder, the home health aide shall complete at least six (6) hours of approved dementia training.
(d) Before December 31 of each year, a home health aide who has been employed as a home health aide for at least one (1) year shall complete at least three (3) hours of approved dementia training.
(e) A home health aide who:
(1) has received the training required by subsections (c) and (d);
(2) has been employed as a home health aide for at least twenty-four (24) consecutive months; and
(3) is hired by a home health agency;
is not required to repeat the training required by this section.
(f) The state department shall do the following:
(1) Identify and approve each dementia training program that meets the following requirements:
(A) The dementia training program includes education concerning the following:
(i) The nature of Alzheimer's disease, dementia, and other related cognitive disorders.
(ii) Current best practices for caring for and treating individuals with dementia.
(iii) Guidelines for the assessment and care of an individual with dementia.
(iv) Procedures for providing patient centered quality care.
(v) The daily activities of individuals with dementia.
(vi) Dementia related behaviors, communication, and positive intervention.
(vii) The role of an individual's family in caring for an individual with dementia.
(B) The dementia training program:
(i) must be culturally competent; and
(ii) may be provided online.
(2) Establish and implement a process for state department approval of a dementia training program.
(g) To the extent allowed by 42 CFR 484.80, the hours of approved dementia training completed under this section satisfies an equivalent number of hours of the home health aide training required by 42 CFR 484.80.
(h) An entity that provides approved dementia training shall provide to each home health aide who successfully completes the training a certificate of completion.
(i) A home health aide:
(1) is responsible for maintaining the home health aide's certificate of completion; and
(2) may use the certificate of completion as proof of compliance with this section.
As added by P.L.44-2022, SEC.1.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-0.2. Application of Prior Law to Employees of Home Health Agencies

Sec. 0.2. The addition of IC 16-10-2.6 (before its repeal, now codified in this chapter) by P.L.190-1989 applies to individuals who are initially employed by a home health agency after June 30, 1989.
As added by P.L.220-2011, SEC.314.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-0.5. "Expanded Criminal History Check"

Sec. 0.5. As used in this chapter, "expanded criminal history check" has the meaning set forth in IC 20-26-2-1.5.
As added by P.L.84-2010, SEC.2. Amended by P.L.51-2016, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-1. "Health Care Professional"

Sec. 1. As used in this chapter, "health care professional" means any of the following:
(1) A licensed physician or a physician assistant (as defined in IC 25-22.5-1-1.1).
(2) A dentist licensed under IC 25-14.
(3) A chiropractor licensed under IC 25-10-1.
(4) A podiatrist licensed under IC 25-29.
(5) An optometrist licensed under IC 25-24.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapy assistant licensed;
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a clinical social worker licensed under IC 25-23.6.
(12) A pharmacist licensed under IC 25-26-13.
(13) An advanced practice registered nurse licensed under IC 25-23.
[Pre-1993 Recodification Citation: 16-10-2.6-1.]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.2; P.L.147-1997, SEC.2; P.L.90-2007, SEC.1; P.L.197-2007, SEC.7; P.L.197-2011, SEC.65; P.L.207-2021, SEC.14.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-2. "Home Health Agency"

Sec. 2. (a) As used in this chapter, "home health agency" means a home health agency licensed under IC 16-27-1.
(b) The term does not include an individual health care professional who provides professional service to a patient in the temporary or permanent residence of the patient.
[Pre-1993 Recodification Citation: 16-10-2.6-2.]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-2.1. "National Criminal History Background Check"

Sec. 2.1. As used in this chapter, "national criminal history background check" means the determination provided by the state police department under IC 10-13-3-39(i).
As added by P.L.197-2007, SEC.8. Amended by P.L.84-2010, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-2.2. "Services"

Sec. 2.2. As used in this chapter, "services" includes:
(1) home health services (as defined in IC 16-27-1-5);
(2) any services such as homemaker, companion, sitter, or handyman services provided by a home health agency in the temporary or permanent residence of a patient or client of the home health agency; and
(3) personal services (as defined in IC 16-27-4-4).
As added by P.L.178-1993, SEC.4. Amended by P.L.212-2005, SEC.12; P.L.177-2009, SEC.4.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-3. Operation of Home Health Agency or Personal Services Agency; Prohibition; Criminal Conviction

Sec. 3. (a) A person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the person's conviction for theft occurred less than ten (10) years before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.
(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
[Pre-1993 Recodification Citation: 16-10-2.6-3.]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5; P.L.212-2005, SEC.13; P.L.158-2013, SEC.231; P.L.214-2013, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-4. Employees; Criminal History

Sec. 4. (a) A person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 shall apply, not more than three (3) business days after the date that an employee begins to provide services in a patient's temporary or permanent residence, for a copy of the employee's national criminal history background check or expanded criminal history check.
(b) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than three (3) business days without applying for a national criminal history background check or an expanded criminal history check.
(c) A person's expanded criminal history check may not include:
(1) a person's information when the person was less than eighteen (18) years of age; or
(2) information that is restricted by a state where the person previously resided.
[Pre-1993 Recodification Citation: 16-10-2.6-4(a).]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.6; P.L.146-1996, SEC.4; P.L.148-1997, SEC.1; P.L.2-2003, SEC.48; P.L.212-2005, SEC.14; P.L.197-2007, SEC.9; P.L.177-2009, SEC.5; P.L.84-2010, SEC.4; P.L.51-2016, SEC.5; P.L.133-2018, SEC.3.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-5. Employees; Prohibition; Criminal Conviction

Sec. 5. (a) Except as provided in subsection (b), a person who operates a home health agency under IC 16-27-1 or a personal services agency under IC 16-27-4 may not employ a person to provide services in a patient's or client's temporary or permanent residence if that person's national criminal history background check or expanded criminal history check indicates that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less than ten (10) years before the person's employment application date.
(b) A home health agency or personal services agency may not employ a person to provide services in a patient's or client's temporary or permanent residence for more than twenty-one (21) calendar days without receipt of that person's national criminal history background check or expanded criminal history check required by section 4 of this chapter, unless the state police department, the Federal Bureau of Investigation under IC 10-13-3-39, or the private agency providing the expanded criminal history check is responsible for failing to provide the person's national criminal history background check or expanded criminal history check to the home health agency or personal services agency within the time required under this subsection.
[Pre-1993 Recodification Citation: 16-10-2.6-4(b), (c).]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.7; P.L.148-1997, SEC.2; P.L.2-2003, SEC.49; P.L.212-2005, SEC.15; P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009, SEC.6; P.L.84-2010, SEC.5; P.L.158-2013, SEC.232; P.L.214-2013, SEC.19; P.L.51-2016, SEC.6; P.L.142-2020, SEC.18.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-6. Fees; Responsibility for Payment

Sec. 6. (a) A person who operates a home health agency or a personal services agency under IC 16-27-4 is responsible for the payment of fees under IC 10-13-3-39 and other fees required under section 4 of this chapter.
(b) A home health agency or personal services agency may require a person who applies to the home health agency or personal services agency for employment to provide services in a patient's or client's temporary or permanent residence:
(1) to pay the cost of fees described in subsection (a) to the home health agency or personal services agency at the time the person submits an application for employment; or
(2) to reimburse the home health agency or personal services agency for the cost of fees described in subsection (a).
[Pre-1993 Recodification Citation: 16-10-2.6-5.]
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.8; P.L.2-2003, SEC.50; P.L.212-2005, SEC.16; P.L.197-2007, SEC.11.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-7. Prohibited Employment Practices

Sec. 7. A person who:
(1) operates a home health agency or personal services agency; and
(2) violates section 4 or 5 of this chapter;
commits a Class A infraction.
[Pre-1993 Recodification Citation: 16-10-2.6-6.]
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005, SEC.17.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 2. Criminal History of Home Health Care Operators and Workers › 16-27-2-9. Immunity From 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 registry of nurse aides 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 registry of nurse aides; or
(3) makes a report to the state department or the registry of nurse aides;
is immune from both civil and criminal liability arising from those actions.
As added by P.L.110-1999, SEC.4.
2023 Indiana Code › Title 16. Health › Article 27. Home Health Agencies › Chapter 3. Possession of Certain Drugs and Other Health Care Items › 16-27-3-1. Sterile Water or Saline

Sec. 1. An employee of a home health agency who is a licensed pharmacist, registered nurse, or licensed practical nurse may purchase, store, or transport for administering to 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 the following:
(1) Sterile water for injection and irrigation.
(2) Sterile saline for injection and irrigation.
As added by P.L.105-1998, SEC.2. Amended by P.L.207-2021, SEC.15.