reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-17. "Born Alive"; Hospital Duties; Determination of Perinatal Level of Care; Penalties; Discipline

Sec. 17. (a) As used in this section, "born alive" means the complete expulsion or extraction from the infant's mother, at any stage of development or gestational age, of an infant who after the expulsion or extraction:
(1) breathes;
(2) has a beating heart or pulsation of the umbilical cord; or
(3) has a definite movement of voluntary muscles;
regardless of whether the umbilical cord has been cut or whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
(b) If a woman who is in premature labor presents to a hospital, the hospital must inform the woman of the hospital's capabilities of treating the born alive infant and managing a high risk pregnancy. If the hospital does not have the capability to treat the premature born alive infant or the ability to manage a high risk pregnancy, the hospital must provide the woman options to get to a hospital with the appropriate level of care under the perinatal level of care designation established under IC 16-21-13.
(c) A hospital must provide:
(1) a medical screening examination; and
(2) any needed stabilizing treatment;
to an infant who is born alive, including born prematurely or with a disability, or a woman who is in premature labor.
(d) After a hospital has provided a medical screening examination under subsection (c)(1), the hospital must inform:
(1) a parent of the born alive infant of the:
(A) infant's treatment options; and
(B) hospital's determination of the appropriate level of care under the perinatal level of care designation established under IC 16-21-13; and
(2) the woman who is in premature labor of the:
(A) woman's treatment options; and
(B) hospital's determination of the appropriate level of care under the perinatal level of care designation established under IC 16-21-13.
(e) Subject to the requirements under the federal Emergency Medical Treatment and Labor Act, a hospital shall determine what perinatal level of care under IC 16-21-13 is appropriate for the born alive infant and mother and arrange for transport consistent with requirements adopted under IC 16-21-13-5.
(f) A hospital that violates this section is subject to the penalties under IC 16-21-3-1.
(g) A health care provider who is:
(1) licensed or certified under IC 25;
(2) employed or under contract with a hospital; and
(3) responsible for providing treatment or an examination to a born alive infant or woman with a high risk pregnancy under this chapter;
is subject to the standards of practice under IC 25-1-9. A health care provider who violates the standards of practice is subject to disciplinary sanctions under IC 25-1-9-9.
As added by P.L.198-2021, SEC.11.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 3. Remedies for Violations › 16-21-3-1. Civil Penalty, License Revocation, or Other Possible Actions

Sec. 1. The state health commissioner may take any of the following actions on any of the grounds listed in section 2 of this chapter:
(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).
[Pre-1993 Recodification Citation: 16-10-1-10(a).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 3. Remedies for Violations › 16-21-3-2. Grounds for Action

Sec. 2. The state health commissioner may take action under section 1 of this chapter on any of the following grounds:
(1) Violation of any of the provisions of this chapter or of the rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of any illegal act in an institution.
(3) Knowingly collecting or attempting to collect from a subscriber (as defined in IC 27-13-1-32) or an enrollee (as defined in IC 27-13-1-12) of a health maintenance organization (as defined in IC 27-13-1-19) any amounts that are owed by the health maintenance organization.
(4) Conduct or practice found by the state department to be detrimental to the welfare of the patients of an institution.
[Pre-1993 Recodification Citation: 16-10-1-10(b).]
As added by P.L.2-1993, SEC.4. Amended by P.L.203-2001, SEC.1; P.L.156-2011, SEC.16; P.L.197-2011, SEC.61.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 3. Remedies for Violations › 16-21-3-3. Application of Ic 4-21.5

Sec. 3. IC 4-21.5 applies to an action under this chapter.
[Pre-1993 Recodification Citation: 16-10-1-10(c).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 3. Remedies for Violations › 16-21-3-4. Revocation of Hospital License for Cloning

Sec. 4. Notwithstanding section 1 of this chapter, the state department shall revoke the license of a hospital licensed under this article if, after appropriate notice and an opportunity for a hearing, the state health commissioner proves by a preponderance of the evidence that the hospital:
(1) knowingly allows the hospital's facilities to be used for cloning or attempted cloning; or
(2) knowingly allows the hospital's employees, in the course of the employee's employment, to participate in cloning or attempted cloning.
As added by P.L.126-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 4. Hearings and Appeals › 16-21-4-1. Licensees and License Applicants; Requests for Review

Sec. 1. A licensee or an applicant for a license aggrieved by an action under this article may request review under IC 4-21.5.
[Pre-1993 Recodification Citation: 16-10-1-10.1.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 5. Penalties › 16-21-5-1. Investigation of Report of Unlicensed Institution or Agency; Actions by Attorney General

Sec. 1. The state department shall investigate a report of an unlicensed institution or agency and report the findings to the attorney general. The attorney general may seek any of the following:
(1) An injunction in a court of jurisdiction in the county in which the unlicensed institution or agency is located or in the circuit or superior court of Marion County.
(2) Relief under IC 4-21.5, including a civil penalty not to exceed an amount of twenty-five thousand dollars ($25,000) for each day of unlicensed operation.
(3) Criminal penalties as provided in section 3 of this chapter.
[Pre-1993 Recodification Citation: 16-10-1-16.1.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 5. Penalties › 16-21-5-2. Use of Term "Hospital"

Sec. 2. An agency, a building, an institution, or a place may not be called a hospital if the agency, building, institution, or place is not a hospital.
[Pre-1993 Recodification Citation: 16-10-1-16.2.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 5. Penalties › 16-21-5-3. Unlawful Operation or Advertisement of Unlicensed Institution or Agency; Violation; Classification

Sec. 3. A person who:
(1) operates an institution or agency that is required to be licensed under this chapter that is not licensed under this chapter; or
(2) advertises the operation of an institution or agency that is required to be licensed under this chapter that is not licensed under this chapter;
commits a Class A misdemeanor.
[Pre-1993 Recodification Citation: 16-10-1-16.3.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-0.1. Contractual Allowances Defined

Sec. 0.1. As used in this chapter, "contractual allowances" means the difference between revenue at established rates and amounts realizable from third party payors under contractual agreements.
As added by P.L.94-1994, SEC.12.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-0.2. Education Related Costs Defined

Sec. 0.2. As used in this chapter, "education related costs" means the unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting educational benefits, services, and programs, including:
(1) education of physicians, nurses, technicians, and other medical professionals and health care providers;
(2) provision of scholarships and funding to medical schools and other postsecondary educational institutions for health professions education;
(3) education of patients concerning diseases and home care in response to community needs; and
(4) community health education through informational programs, publications, and outreach activities in response to community needs.
As added by P.L.94-1994, SEC.13. Amended by P.L.2-2007, SEC.189.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-1. Gross Patient Revenue Defined

Sec. 1. As used in this chapter, "gross patient revenue" means inpatient and outpatient revenue from services to patients, including payments received from or on behalf of individual patients.
[Pre-1993 Recodification Citation: 16-10-5-1 part.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-2. Net Patient Revenue Defined

Sec. 2. As used in this chapter, "net patient revenue" means gross patient revenue less deductions for contractual adjustments, bad debts, and charity.
[Pre-1993 Recodification Citation: 16-10-5-1 part.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-5. Fiscal Reports; Further Verifying Information

Sec. 5. If further fiscal information is necessary to verify the accuracy of any information contained in the reports filed under section 3 of this chapter, the state department may require the facility to produce the records necessary to verify that information.
[Pre-1993 Recodification Citation: 16-10-5-2(c).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-6. Patient Information Reports

Sec. 6. In addition to the report filed under section 3 of this chapter, each hospital shall, not more than one hundred twenty (120) days after the end of each calendar quarter, file with the state department, or the state department's designated contractor, inpatient and outpatient discharge information at the patient level, in a format prescribed by the state health commissioner, including the following:
(1) The patient's:
(A) length of stay;
(B) diagnoses and surgical procedures performed during the patient's stay;
(C) date of:
(i) admission;
(ii) discharge; and
(iii) birth;
(D) type of admission;
(E) admission source;
(F) gender;
(G) race;
(H) discharge disposition; and
(I) payor, including:
(i) Medicare;
(ii) Medicaid;
(iii) a local government program;
(iv) commercial insurance;
(v) self-pay; and
(vi) charity care.
(2) The total charge for the patient's stay.
(3) The ZIP code of the patient's residence.
(4) Beginning October 1, 2013, all diagnosed external causes of injury codes.
[Pre-1993 Recodification Citation: 16-10-5-2(e), (f).]
As added by P.L.2-1993, SEC.4. Amended by P.L.94-1994, SEC.15; P.L.44-2002, SEC.3; P.L.156-2011, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-8. Compliance; Injunctive Relief

Sec. 8. The state department may, through the attorney general, seek to compel compliance with this chapter through injunctive relief.
[Pre-1993 Recodification Citation: 16-10-5-4.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-9. Rules; Uniform Reporting System

Sec. 9. (a) The state department shall adopt rules under IC 4-22-2 necessary to carry out this chapter.
(b) The rules adopted under this section must include rules that establish a uniform system for completing the reports required under sections 3 and 6 of this chapter.
(c) The rules adopted under this section must provide that, to the greatest extent possible, copies of reports required to be filed with federal, state, and local agencies may be used by facilities in completing the reports required by this chapter.
[Pre-1993 Recodification Citation: 16-10-5-5.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-10. State Health Commissioner; Findings and Recommendations; Report

Sec. 10. Each year the state health commissioner or the commissioner's designee shall make a compilation of the data obtained from the reports required under sections 3 and 6 of this chapter and report in an electronic format under IC 5-14-6 the findings and recommendations to the general assembly not later than December 1 of the year the reports are filed. However, the commissioner is not required to incorporate a report that is required to be filed by a hospital with the state department less than one hundred twenty (120) days before December 1, but shall incorporate the report data in the report to be made the following year.
[Pre-1993 Recodification Citation: 16-10-5-6.]
As added by P.L.2-1993, SEC.4. Amended by P.L.28-2004, SEC.136.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-11. Consumer Guide to Indiana Hospitals

Sec. 11. (a) The state department shall annually publish a consumer guide to Indiana hospitals. The state department shall compile the data for the consumer guide from the relevant data required to be filed under sections 3 and 6 of this chapter and publish the data in an understandable format that assists the consuming public in making both financial and utilization comparisons between hospitals.
(b) The state department shall, upon request, provide to the public, at the state department's actual cost, copies of the consumer guide to Indiana hospitals published under subsection (a).
[Pre-1993 Recodification Citation: 16-10-5-7.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 6. Hospital Financial Disclosure Law › 16-21-6-12. Violations

Sec. 12. Any person who is a custodian of confidential data at the state department and who knowingly or intentionally:
(1) discloses, distributes, or sells confidential data obtained under this chapter; or
(2) identifies a specific patient in violation of section 7 of this chapter;
commits a Class B misdemeanor.
As added by P.L.94-1994, SEC.16.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 7. Hospitals; Tuberculosis Patients; Individuals With a Communicable Disease › 16-21-7-1. Tuberculosis Patient Care or Treatment; Reimbursement

Sec. 1. The state shall reimburse a hospital, including a hospital operated under IC 16-22-8 that treats or cares for a patient with tuberculosis, an amount determined by the state department under section 2 of this chapter if no other sources of reimbursement are available for that patient, including the following:
(1) Patient resources.
(2) Health insurance.
(3) Medical assistance payments.
(4) Hospital care for the indigent.
[Pre-1993 Recodification Citation: 16-1-8.5-2.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 7. Hospitals; Tuberculosis Patients; Individuals With a Communicable Disease › 16-21-7-2. Rules for Payment

Sec. 2. The state department shall adopt rules under IC 4-22-2 for payment to a hospital that treats or cares for a patient with tuberculosis as described in section 1 of this chapter.
[Pre-1993 Recodification Citation: 16-1-8.5-3.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 7. Hospitals; Tuberculosis Patients; Individuals With a Communicable Disease › 16-21-7-3. Aid to County Hospitals Tuberculosis Fund

Sec. 3. (a) The aid to county hospitals tuberculosis fund is established to carry out the purposes of this chapter.
(b) The state department shall administer the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
[Pre-1993 Recodification Citation: 16-1-8.5-4.]
As added by P.L.2-1993, SEC.4. Amended by P.L.146-1997, SEC.1.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 7. Hospitals; Tuberculosis Patients; Individuals With a Communicable Disease › 16-21-7-4. Counties' Pro Rata Share of Remaining Funds at End of Fiscal Year

Sec. 4. With the approval of the budget director and upon the recommendation of the budget committee, each county that has incurred costs for an individual with a communicable disease under:
(1) IC 16-41-1;
(2) IC 16-41-2;
(3) IC 16-41-3;
(4) IC 16-41-5;
(5) IC 16-41-6;
(6) IC 16-41-7;
(7) IC 16-41-8;
(8) IC 16-41-9; or
(9) IC 16-41-13;
is entitled to a pro rata share of the money remaining at the end of the state fiscal year in the fund established under this chapter.
[Pre-1993 Recodification Citation: 16-1-8.5-5.]
As added by P.L.2-1993, SEC.4. Amended by P.L.138-2006, SEC.4; P.L.112-2020, SEC.11.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 7. Hospitals; Tuberculosis Patients; Individuals With a Communicable Disease › 16-21-7-5. Violations

Sec. 5. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-0.2. Definitions

Sec. 0.2. The following definitions apply throughout this chapter:
(1) "Division" refers to the victim services division of the Indiana criminal justice institute established by IC 5-2-6-8(a).
(2) "Evidence" means the results collected from a forensic medical examination of a victim by a provider.
(3) "Personal information" has the meaning set forth in IC 9-14-6-6.
(4) "Provider" means a hospital or licensed medical services provider that provides forensic medical exams and additional forensic services to a victim.
(5) "Sample" means the result collected from a forensic medical examination of the victim by a provider, when the victim has not yet reported the sex crime to law enforcement.
(6) "Secured storage" means a method of storing a sample that will adequately safeguard the integrity and viability of the sample.
(7) "Sexual assault examination kit" means the standard medical forensic examination kit for victims of sexual assault developed by the state police department under IC 10-11-2-33.
(8) "Sexual assault nurse examiner" means a registered nurse who:
(A) has received training to provide comprehensive care to sexual assault survivors; and
(B) can:
(i) conduct a forensic medical examination; and
(ii) collect evidence from a sexual assault victim.
As added by P.L.161-2014, SEC.11. Amended by P.L.36-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-0.6. Repealed

As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006, SEC.22; P.L.41-2007, SEC.9. Repealed by P.L.161-2014, SEC.14.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-1. Forensic Medical Exams and Additional Forensic Services; Rules; Enumeration of Sex Crimes

Sec. 1. (a) A hospital licensed under IC 16-21-2 that provides general medical and surgical hospital services shall provide forensic medical exams and additional forensic services to all alleged sex crime victims who apply for forensic medical exams and additional forensic services in relation to injuries or trauma resulting from the alleged sex crime. To the extent practicable, the hospital shall use a sexual assault examination kit to conduct forensic exams and provide forensic services. The provision of services may not be dependent on a victim's reporting to, or cooperating with, law enforcement.
(b) For the purposes of this chapter, the following crimes are considered sex crimes:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Child molesting (IC 35-42-4-3).
(4) Vicarious sexual gratification (IC 35-42-4-5).
(5) Sexual battery (IC 35-42-4-8).
(6) Sexual misconduct with a minor (IC 35-42-4-9).
(7) Child solicitation (IC 35-42-4-6).
(8) Child seduction (IC 35-42-4-7).
(9) Incest (IC 35-46-1-3).
(c) Payment for services under this section shall be processed in accordance with rules adopted by the victim services division of the Indiana criminal justice institute.
[Pre-1993 Recodification Citation: 16-10-1.5-1.]
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.7; P.L.36-1997, SEC.7; P.L.121-2006, SEC.23; P.L.41-2007, SEC.13; P.L.158-2013, SEC.228; P.L.214-2013, SEC.15; P.L.161-2014, SEC.18.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-1.1. Forensic Medical Examinations Without Consent of the Examinee

Sec. 1.1. (a) A provider may conduct a forensic medical examination without the consent of the person who is the subject of the examination, or the consent of another person authorized to give consent under IC 16-36-1-5, if the following conditions are met:
(1) The person:
(A) does not have the capacity to provide informed consent under IC 16-36-1; and
(B) is, based on the medical opinion of the health care provider, incapable of providing consent within the time for evidence to be collected through a forensic medical examination.
(2) The provider has a reasonable suspicion that the person may be the victim of a sex crime.
(3) A person authorized to give consent under IC 16-36-1-5 is:
(A) not reasonably available; or
(B) the suspected perpetrator of the sex crime.
(b) A provider is immune from civil liability for conducting a forensic medical examination without consent in accordance with this section unless performance of the forensic medical examination constitutes gross negligence or willful or wanton misconduct.
As added by P.L.161-2014, SEC.19.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-1.5. Appointment of a Sexual Assault Response Team

Sec. 1.5. If a sexual assault response team has not been established in a county, the prosecuting attorney shall appoint a sexual assault response team in that county, or the county shall join with one (1) or more other counties to create a regional team, to comply with duties assigned to sexual assault response teams under this chapter.
As added by P.L.41-2007, SEC.14.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-2. County or Regional Sexual Response Team; Duties

Sec. 2. (a) Each county or regional sexual assault response team shall develop a plan that establishes the protocol for sexual assault victim response and treatment, including the:
(1) collection;
(2) preservation;
(3) secured storage; and
(4) destruction;
of samples.
(b) The plan under subsection (a) shall address the following regarding an alleged sexual assault victim who is at least eighteen (18) years of age and who either reports a sexual assault or elects not to report a sexual assault to law enforcement:
(1) The method of maintaining the confidentiality of the alleged sexual assault victim regarding the chain of custody and secured storage of a sample.
(2) The development of a victim notification form that notifies an alleged sexual assault victim of his or her rights under the law.
(3) How a victim will receive the victim notification form.
(4) Identification of law enforcement agencies that will be responsible to transport samples.
(5) Agreements between medical providers and law enforcement agencies to pick up and store samples.
(6) Maintaining samples in secured storage.
(7) Procedures to destroy a sample following applicable statute of limitations.
[Pre-1993 Recodification Citations: 16-10-1.5-2; 16-10-1.5-3.]
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.24; P.L.41-2007, SEC.15.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-3. Forensic Medical Exams and Additional Forensic Services; Consent

Sec. 3. A physician or sexual assault nurse examiner who provides forensic medical exams and additional forensic services shall provide the forensic medical exams and additional forensic services to an alleged sex crime victim under this chapter with the consent of the alleged sex crime victim.
[Pre-1993 Recodification Citation: 16-10-1.5-4.]
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.25; P.L.41-2007, SEC.16.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-4. Assistance in Development and Operation of Forensic Medical Exams and Additional Forensic Services

Sec. 4. The victim services division of the Indiana criminal justice institute shall assist in the development and operation of programs that provide forensic medical exams and additional forensic services to alleged sex crime victims, and if necessary, provide grants to hospitals for this purpose.
[Pre-1993 Recodification Citation: 16-10-1.5-5.]
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.8; P.L.121-2006, SEC.26.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-5. Payment of Forensic Medical Exams; Requirements; Suspension

Sec. 5. (a) The division shall award compensation or reimbursement under this chapter for forensic medical exams.
(b) The division is not required to award compensation or reimbursement under this chapter for additional forensic services unless the following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be made to child protective services or a law enforcement officer.
(3) The sex crime occurred in Indiana.
(4) The provider has initiated the claim for reimbursement in the division's designated web based claims reimbursement and sexual assault examination kit tracking system.
If the division finds a compelling reason for failure to comply with the requirements of this section, the division may suspend the requirements of this section.
(c) A claim filed for services provided at a time before the provision of the forensic medical exams and additional forensic services for which an application for reimbursement is filed is not covered under this chapter.
[Pre-1993 Recodification Citation: 16-10-1.5-6.]
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.9; P.L.90-2005, SEC.7; P.L.121-2006, SEC.27; P.L.41-2007, SEC.17; P.L.36-2019, SEC.3.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-6. Services Without Charge; Reimbursement

Sec. 6. (a) When a provider provides forensic medical exams and additional forensic services under this chapter to a victim, the provider shall furnish the services without charge.
(b) When a provider provides additional forensic services under section 5(b) and 5(c) of this chapter, the provider shall furnish the services without charge.
(c) The division shall reimburse a provider for the cost for providing services and shall adopt rules and procedures to provide for reimbursement.
(d) The application for reimbursement must be filed not more than one hundred eighty (180) days after the date the service was provided.
(e) The division shall approve or deny an application for reimbursement filed under subsection (b) not more than one hundred twenty (120) days after receipt of the application for reimbursement.
(f) A provider may not charge the victim for services required under this chapter despite delays in reimbursement from the division.
[Pre-1993 Recodification Citation: 16-10-1.5-7.]
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.10; P.L.36-1997, SEC.8; P.L.90-2005, SEC.8; P.L.121-2006, SEC.28.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-7. Abortion Services Not Required

Sec. 7. This chapter does not require a hospital to provide a service related to an abortion.
[Pre-1993 Recodification Citation: 16-10-1.5-8.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-9. Duties of a Provider; Delayed Implementation

Sec. 9. (a) Prior to the discharge of a victim from the hospital, a provider shall:
(1) require the victim to sign a form that notifies the victim of his or her rights under this chapter;
(2) provide a copy of the signed form to the victim; and
(3) inform law enforcement that the sample is available.
(b) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly.
If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding become available to implement this section.
As added by P.L.41-2007, SEC.18.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-9.5. Shower After Forensic Medical Examination

Sec. 9.5. After a forensic medical examination, an alleged sex crime victim may shower at the facility where the examination was conducted, if available, without charge.
As added by P.L.36-2019, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-10. Law Enforcement Duty to Transport a Sample to Secured Storage; Victim Notification; County Plans; Destruction of Samples

Sec. 10. (a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours after receiving a provider's notification; and
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storage until the earlier of the following:
(1) At least one (1) year after the date the sample is placed in secured storage.
(2) The victim reports the sex crime to law enforcement and the sample is transported to a crime lab.
(c) Notification of sample destruction may be provided by the division through the web based claims reimbursement and sexual assault examination kit tracking system. Law enforcement agencies and prosecuting attorneys shall cooperate with the division by providing storage updates to the division via the web based claims reimbursement and sexual assault examination kit tracking system.
(d) A victim may register for notification through the web based claims reimbursement and sexual assault examination kit tracking system.
(e) Each county shall develop and implement a plan for the secured storage and destruction of samples.
(f) The director of the Indiana criminal justice institute may delay the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the criminal justice institute or by an appropriation from the general assembly.
If the director of the criminal justice institute delays implementation of this section, the director shall notify the prosecuting attorney of each county of the director's action and when funding becomes available to implement this section.
(g) The failure to comply with:
(1) this chapter;
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample as evidence in a criminal or civil proceeding.
As added by P.L.41-2007, SEC.19. Amended by P.L.36-2019, SEC.5.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-11. Confidentiality of Sexual Assault Examination Kits

Sec. 11. (a) Information entered into the web based claims reimbursement and sexual assault examination kit tracking system for the purposes of reimbursement to a provider for a forensic medical exam or the location of a sexual assault examination kit is confidential until the later of the following:
(1) The sexual assault examination kit is destroyed in accordance with section 10 of this chapter.
(2) The conclusion of a case filed by a prosecuting attorney with appropriate jurisdiction.
(b) A victim's:
(1) personal information; and
(2) medical records;
are confidential.
As added by P.L.36-2019, SEC.6.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 8. Emergency Services to Sex Crime Victims › 16-21-8-12. Sexual Assault Examination Kit Tracking, Status, and Storage

Sec. 12. The following persons or entities shall provide status and storage updates, as applicable, to the division's web based claims reimbursement and sexual assault examination kit tracking system as necessary:
(1) A crime lab responsible for examining or testing a sexual assault examination kit.
(2) A law enforcement agency responsible for the collection or storage of a sexual assault examination kit.
(3) A prosecuting attorney responsible for a criminal prosecution that involves the examination, use, or testing of a sexual assault examination kit.
(4) A provider.
As added by P.L.36-2019, SEC.7.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-1. "Community Benefits" Defined

Sec. 1. As used in this chapter, "community benefits" means the unreimbursed cost to a hospital of providing charity care, government sponsored indigent health care, donations, education, government sponsored program services, research, and subsidized health services. The term does not include the cost to the hospital of paying any taxes or other governmental assessments.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-2. "Government Sponsored Indigent Health Care" Defined

Sec. 2. As used in this chapter, "government sponsored indigent health care" means the unreimbursed cost to a hospital of Medicare, providing health care services to recipients of Medicaid, and other federal, state, or local indigent health care programs, eligibility for which is based on financial need.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-3. "Nonprofit Hospital" Defined

Sec. 3. As used in this chapter, "nonprofit hospital" means a hospital that is organized as a nonprofit corporation or a charitable trust under Indiana law or the laws of any other state or country and that is:
(1) eligible for tax exempt bond financing; or
(2) exempt from state or local taxes.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-4. Organizational Mission Statement; Community Benefits Plan

Sec. 4. A nonprofit hospital shall develop:
(1) an organizational mission statement that identifies the hospital's commitment to serving the health care needs of the community; and
(2) a community benefits plan defined as an operational plan for serving the community's health care needs that:
(A) sets out goals and objectives for providing community benefits that include charity care and government sponsored indigent health care; and
(B) identifies the populations and communities served by the hospital.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-5. Health Care Needs of Community

Sec. 5. When developing the community benefits plan, the hospital shall consider the health care needs of the community as determined by communitywide needs assessments.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-6. Elements of Community Benefits Plan

Sec. 6. The hospital shall include at least the following elements in the community benefits plan:
(1) Mechanisms to evaluate the plan's effectiveness, including a method for soliciting the views of the communities served by the hospital.
(2) Measurable objectives to be achieved within a specified time frame.
(3) A budget for the plan.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-7. Annual Report for Community Benefits Plan

Sec. 7. (a) Each nonprofit hospital shall prepare an annual report of the community benefits plan. The report must include, in addition to the community benefits plan itself, the following background information:
(1) The hospital's mission statement.
(2) A disclosure of the health care needs of the community that were considered in developing the hospital's community benefits plan.
(3) A disclosure of the amount and types of community benefits actually provided, including charity care. Charity care must be reported as a separate item from other community benefits.
(b) Each nonprofit hospital shall annually file a report of the community benefits plan with the state department. For a hospital's fiscal year that ends before July 1, 2011, the report must be filed not later than one hundred twenty (120) days after the close of the hospital's fiscal year. For a hospital's fiscal year that ends after June 30, 2011, the report must be filed at the same time the nonprofit hospital files its annual return described under Section 6033 of the Internal Revenue Code that is timely filed under Section 6072(e) of the Internal Revenue Code, including any applicable extension authorized under Section 6081 of the Internal Revenue Code.
(c) Each nonprofit hospital shall prepare a statement that notifies the public that the annual report of the community benefits plan is:
(1) public information;
(2) filed with the state department; and
(3) available to the public on request from the state department.
This statement shall be posted in prominent places throughout the hospital, including the emergency room waiting area and the admissions office waiting area. The statement shall also be printed in the hospital patient guide or other material that provides the patient with information about the admissions criteria of the hospital.
(d) Each nonprofit hospital shall develop a written notice about any charity care program operated by the hospital and how to apply for charity care. The notice must be in appropriate languages if possible. The notice must also be conspicuously posted in the following areas:
(1) The general waiting area.
(2) The waiting area for emergency services.
(3) The business office.
(4) Any other area that the hospital considers an appropriate area in which to provide notice of a charity care program.
As added by P.L.94-1994, SEC.17. Amended by P.L.156-2011, SEC.18; P.L.172-2011, SEC.115; P.L.6-2012, SEC.115.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-8. Failure to File Annual Report

Sec. 8. The state department may assess a civil penalty against a nonprofit hospital that fails to make a report of the community benefits plan as required under this chapter. The penalty may not exceed one thousand dollars ($1,000) for each day a report is delinquent after the date on which the report is due. No penalty may be assessed against a hospital under this section until thirty (30) business days have elapsed after written notification to the hospital of its failure to file a report.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 9. Provision of Charitable Care by Nonprofit Hospitals › 16-21-9-9. Other Rights and Remedies Retained

Sec. 9. The rights and remedies provided for in this chapter are in addition to other statutory or common law rights or remedies available to the state or a nonprofit hospital.
As added by P.L.94-1994, SEC.17.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 10. Hospital Assessment Fee › 16-21-10-4. "Hospital"

Sec. 4. (a) As used in this chapter, "hospital" means either of the following:
(1) A hospital (as defined in IC 16-18-2-179(b)) licensed under this article.
(2) A private psychiatric hospital licensed under IC 12-25.
(b) The term does not include the following:
(1) A state mental health institution operated under IC 12-24-1-3.
(2) A hospital:
(A) designated by the Medicaid program as a long term care hospital;
(B) that has an average inpatient length of stay that is greater than twenty-five (25) days, as determined by the office of Medicaid policy and planning under the Medicaid program;
(C) that is a Medicare certified, freestanding rehabilitation hospital; or
(D) that is a hospital operated by the federal government.
As added by P.L.205-2013, SEC.214.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 10. Hospital Assessment Fee › 16-21-10-5.3. Determination of a Phase Out Period

Sec. 5.3. As used in this chapter, "phase out period" refers to the following periods:
(1) The time during which a:
(A) phase out plan;
(B) demonstration expiration plan; or
(C) similar plan approved by the United States Department of Health and Human Services;
is in effect for the healthy Indiana plan set forth in IC 12-15-44.5.
(2) The time beginning upon the office's receipt of written notice by the United States Department of Health and Human Services of its decision to:
(A) terminate or suspend the waiver demonstration for the healthy Indiana plan; or
(B) withdraw the waiver or expenditure authority for the plan;
and ending on the effective date of the termination, suspension, or withdrawal of the waiver or expenditure authority.
(3) The time beginning upon:
(A) the office's determination to terminate the healthy Indiana plan; or
(B) the termination of the plan under IC 12-15-44.5-4(b);
if subdivisions (1) through (2) do not apply, and ending on the effective date of the termination of the healthy Indiana plan.
As added by P.L.213-2015, SEC.140. Amended by P.L.30-2016, SEC.37.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 10. Hospital Assessment Fee › 16-21-10-6. Authority to Assess Hospital Assessment Fee; Prerequisites; Conditions for Terminating the Fee; Records and Reports

Sec. 6. (a) Subject to subsection (b) and section 8(b) of this chapter, the office may assess a hospital assessment fee to hospitals during the fee period if the following conditions are met:
(1) The fee may be used only for the purposes described in the following:
(A) Section 8(c)(1) of this chapter.
(B) Section 9 of this chapter.
(C) Section 11 of this chapter.
(D) Section 13.3 of this chapter.
(E) Section 14 of this chapter.
(2) The Medicaid state plan amendments and waiver requests required for the implementation of this chapter are submitted by the office to the United States Department of Health and Human Services before October 1, 2013.
(3) The United States Department of Health and Human Services approves the Medicaid state plan amendments and waiver requests, or revisions of the Medicaid state plan amendments and waiver requests, described in subdivision (2):
(A) not later than October 1, 2014; or
(B) after October 1, 2014, if a date is established by the committee.
(4) The funds generated from the fee do not revert to the state general fund.
(b) The office shall stop collecting a fee, the programs described in section 8(a) of this chapter shall be reconciled and terminated subject to section 9(c) of this chapter, and the operation of section 11 of this chapter ends subject to section 9(c) of this chapter, if any of the following occurs:
(1) An appellate court makes a final determination that either:
(A) the fee; or
(B) any of the programs described in section 8(a) of this chapter;
cannot be implemented or maintained.
(2) The United States Department of Health and Human Services makes a final determination that the Medicaid state plan amendments or waivers submitted under this chapter are not approved or cannot be validly implemented.
(3) The fee is not collected because of circumstances described in section 8(d) of this chapter.
(c) The office shall keep records of the fees collected by the office and report the amount of fees collected under this chapter to the budget committee.
As added by P.L.205-2013, SEC.214. Amended by P.L.213-2015, SEC.141.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 10. Hospital Assessment Fee › 16-21-10-9. Hospital Medicaid Fee Fund Established; Purposes; Distribution of Excess if Fee Is Terminated

Sec. 9. (a) This section is effective upon implementation of the fee. The hospital Medicaid fee fund is established for the purpose of holding fees collected under section 6 of this chapter, excluding the part of the fee used for purposes of section 13.3 if this chapter, that are not necessary to match federal funds.
(b) The office shall administer the fund.
(c) Money in the fund at the end of a state fiscal year attributable to fees collected to fund the programs described in section 8 of this chapter does not revert to the state general fund. However, money remaining in the fund after the cessation of the collection of the fee under section 6(b) of this chapter shall be used for the payments described in sections 8(a) and 11 of this chapter. Any money not required for the payments described in sections 8(a) and 11 of this chapter after the cessation of the collection of the fee under section 6(b) of this chapter shall be distributed to the hospitals on a pro rata basis based upon the fees paid by each hospital for the state fiscal year that ended immediately before the cessation of the collection of the fee under section 6(b) of this chapter.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.
As added by P.L.205-2013, SEC.214. Amended by P.L.213-2015, SEC.144.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 10. Hospital Assessment Fee › 16-21-10-10. Use of Hospital Care for the Indigent Funds as State Share Dollars

Sec. 10. This section:
(1) is effective upon implementation of the fee; and
(2) does not apply to funds under IC 12-16-17.
Notwithstanding any other law, the part of the amounts appropriated for or transferred to the hospital care for the indigent program for the state fiscal year beginning July 1, 2013, and each state fiscal year thereafter that are not required to be paid to the office by law shall be used exclusively as state share dollars for the payments described in sections 8(a) and 11 of this chapter. Any hospital care for the indigent funds that are not required for the payments described in sections 8(a) and 11 of this chapter after the cessation of the collection of the fee under section 6(b) of this chapter shall be used for the state share dollars of the payments in IC 12-15-20-2(8)(G)(ii) through IC 12-15-20-2(8)(G)(x).
As added by P.L.205-2013, SEC.214.