reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 3.1 - Comprehensive Care Facilities › Section 3.1-51 - Disaster and emergency preparedness

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 51.
(a) The
				facility must have detailed written plans and procedures to meet all potential
				emergencies and disasters.
(b) The
				facility must train all employees in emergency procedures when they begin to
				work in the facility, periodically review the procedures with existing staff,
				and carry out unannounced staff drills using those procedures.
(c) Fire exit drills in facilities shall
				include the transmission of a fire alarm signal and simulation of emergency
				fire conditions except that the movement of infirm or bedridden residents to
				safe areas or to the exterior of the building is not required. Drills shall be
				conducted at least four (4) times a year at regular intervals throughout the
				year, on each shift to familiarize all facility personnel with signals and
				emergency action required under varied conditions. At least twelve (12) drills
				shall be held every year. When drills are conducted between 9 p.m. and 6 a.m.,
				a coded announcement may be used instead of audible alarms.
(d) At least annually, a facility shall
				attempt to hold a fire and disaster drill in conjunction with the local fire
				department. A record of all training and drills shall be documented with the
				names and signatures of the personnel present.
(e) For purposes of IC
				16-28-5-1,
				a breach of:
(1) subsection (a) is an
				offense;
(2) subsection (b) or (c)
				is a deficiency; and
(3) subsection
				(d) is a noncompliance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 3.1 - Comprehensive Care Facilities › Section 3.1-52 - Quality assessment and assurance

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 52.
(a) A
				facility must maintain a quality assessment and assurance committee consisting
				of the following:
(1) The director of nursing
				services.
(2) A physician
				designated by the facility.
(3) At
				least three (3) other members of the facility's staff.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 3.1 - Comprehensive Care Facilities › Section 3.1-53 - Dining assistants

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC
				  16-28-13-3;
				  IC
				  25-23-1-1
Sec. 53.
(a) Each
				dining assistant shall successfully complete a sixteen (16) hour training
				program for dining assistants that has been approved by the
				department.
(b) A dining assistant
				training program must obtain approval from the department prior to providing
				instruction to individuals.
(c) The
				facility shall do the following:
(1) Ensure
				that resident selection for dining assistance is based on the charge nurse's
				assessment and the resident's most recent assessment and plan of
				care.
(2) Not allow the dining
				assistant to assist more than two (2) residents at any one (1) time.
(3) Ensure the dining assistant is oriented
				to the following:
(A) The resident's diet,
				likes, and dislikes.
(B) Feeding
				techniques appropriate to the individual resident.
(4) Document the use of a dining assistant on
				the resident's care plan and review at each care plan conference.
(5) Check the nurse aide registry prior to
				training an individual as a dining assistant.
(6) Use only individuals as dining assistants
				who have successfully completed a department-approved training program for
				dining assistants.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 4 - Intermediate Care Facilities for the Mentally Retarded

Current through July 10, 2024
NOTE: Rule 4 of LSA Document #83-154(F) was disapproved by
				  the Attorney General-see Attorney General's action letter dated April 27, 1984
				  in the June 1, 1984 issue of the Indiana Register at 7 IR 1606. See printed
				  version of Rule 4, LSA Document #83- 154(F) at 7 IR 1488.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-0.5 - Scope of residential care facilities

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 16-28-2; IC
				  16-28-5-1
Sec. 0.5.
(a) A
				health facility that provides residential nursing care or administers
				medications prescribed by a physician must be licensed as a residential care
				facility. A health facility licensed as a comprehensive care facility is not
				required to also be licensed as a residential care facility in order to provide
				residential nursing care.
(b) A
				residential care facility may not provide comprehensive nursing care except to
				the extent allowed under this rule.
(c) A facility that provides services, such
				as room, meals, laundry, activities, housekeeping, and limited assistance in
				activities of daily living, without providing administration of medication or
				residential nursing care is not required to be licensed. The provision by a
				licensed home health agency of medication administration or residential nursing
				care in a facility which provides room, meals, a laundry, activities,
				housekeeping, and limited assistance in activities of daily living does not
				require the facility to be licensed, regardless of whether the facility and the
				home health agency have common ownership, provided, however, that the resident
				is given the opportunity to contract with other home health agencies at any
				time during the resident's stay at the facility.
(d) Notwithstanding subsection (f), a
				resident is not required to be discharged if receiving hospice services through
				an appropriately licensed provider of the resident's choice.
(e) Notwithstanding subsection (f)(2),
				(f)(3), (f)(4), and (f)(5), a residential care facility that retains
				appropriate professional staff may provide comprehensive nursing care to
				residents needing care for a self-limiting condition.
(f) The resident must be discharged if the
				resident:
(1) is a danger to the resident or
				others;
(2) requires twenty-four
				(24) hour per day comprehensive nursing care or comprehensive nursing
				oversight;
(3) requires less than
				twenty-four (24) hour per day comprehensive nursing care, comprehensive nursing
				oversight, or rehabilitative therapies and has not entered into a contract with
				an appropriately licensed provider of the resident's choice to provide those
				services;
(4) is not medically
				stable; or
(5) meets at least two
				(2) of the following three (3) criteria unless the resident is medically stable
				and the health facility can meet the resident's needs:
(A) Requires total assistance with
				eating.
(B) Requires total
				assistance with toileting.
(C)
				Requires total assistance with transferring.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1 - Applicability

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 16-28-2
Sec. 1.
This rule applies to all residential care facilities licensed
				  under IC 16-28-2.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.2 - Residents' rights

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 4-21.5; IC 12-10-5.5; IC
				  12-10-15-9;
				  IC
				  16-28-5-1
Sec. 1.2.
(a)
				Residents have the right to have their rights recognized by the licensee. The
				licensee shall establish written policies regarding residents' rights and
				responsibilities in accordance with this article and shall be responsible,
				through the administrator, for their implementation. These policies and any
				adopted additions or changes thereto shall be made available to the resident,
				staff, legal representative, and general public. Each resident shall be advised
				of residents' rights prior to admission and shall signify, in writing, upon
				admission and thereafter if the residents' rights are updated or changed. There
				shall be documentation that each resident is in receipt of the described
				residents' rights and responsibilities. A copy of the residents' rights must be
				available in a publicly accessible area. The copy must be in at least 12-point
				type and a language the resident understands.
(b) Residents have the right to a dignified
				existence, self-determination, and communication with and access to persons and
				services inside and outside the facility. Residents have the right to exercise
				their rights as a resident of the facility and as a citizen or resident of the
				United States.
(c) Residents have
				the right to exercise any or all of the enumerated rights without:
(1) restraint;
(2) interference;
(3) coercion;
(4) discrimination; or
(5) threat of reprisal; by the facility.
				These rights shall not be abrogated or changed in any instance, except that,
				when the resident has been adjudicated incompetent, the rights devolve to the
				resident's legal representative. When a resident is found by his or her
				physician to be medically incapable of understanding or exercising his or her
				rights, the rights may be exercised by the resident's legal representative.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.3 - Administration and management

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 12-10-5.5; IC
				  16-28-5-1;
				  IC
				  25-19-1-5
Sec. 1.3.
(a) The
				licensee:
(1) is responsible for compliance
				with all applicable laws; and
(2)
				has full authority and responsibility for the:
(A) organization;
(B) management;
(C) operation; and
(D) control; of the licensed facility. The
				delegation of any authority by the licensee does not diminish the
				responsibilities of the licensee.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.4 - Personnel

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC
				  16-28-13-3
Sec. 1.4.
(a) Each
				facility shall have specific procedures written and implemented for the
				screening of prospective employees. Appropriate inquiries shall be made for
				prospective employees. The facility shall have a personnel policy that
				considers references and any convictions in accordance with IC
				16-28-13-3.
(b) Staff shall be sufficient in number,
				qualifications, and training in accordance with applicable state laws and rules
				to meet the twenty-four (24) hour scheduled and unscheduled needs of the
				residents and services provided. The number, qualifications, and training of
				staff shall depend on skills required to provide for the specific needs of the
				residents. A minimum of one (1) awake staff person, with current CPR and first
				aid certificates, shall be on site at all times. If fifty (50) or more
				residents of the facility regularly receive residential nursing services or
				administration of medication, or both, at least one (1) nursing staff person
				shall be on site at all times. Residential facilities with over one hundred
				(100) residents regularly receiving residential nursing services or
				administration of medication, or both, shall have at least one (1) additional
				nursing staff person awake and on duty at all times for every additional fifty
				(50) residents. Personnel shall be assigned only those duties for which they
				are trained to perform. Employee duties shall conform with written job
				descriptions.
(c) Any unlicensed
				employee providing more than limited assistance with the activities of daily
				living must be either a certified nurse aide or a home health aide. Existing
				facilities that are not licensed on the date of adoption of this rule and that
				seek licensure within one (1) year of adoption of this rule have two (2) months
				in which to ensure that all employees in this category are either a certified
				nurse aide or a home health aide.
(d) Prior to working independently, each
				employee shall be given an orientation to the facility by the supervisor (or
				his or her designee) of the department in which the employee will work.
				Orientation of all employees shall include the following:
(1) Instructions on the needs of the
				specialized populations:
(A) aged;
(B) developmentally disabled;
(C) mentally ill;
(D) dementia; or
(E) children; served in the
				facility.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.5 - Sanitation and safety standards

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 1.5.
(a) The
				facility shall be clean, orderly, and in a state of good repair, both inside
				and out, and shall provide reasonable comfort for all residents.
(b) The facility shall maintain equipment and
				supplies in a safe and operational condition and in sufficient quantity to meet
				the needs of the residents.
(c) The
				facility shall not have more residents than the number for which it is
				licensed, except in the case of emergency when temporary permission may be
				granted by the director.
(d) The
				facility shall comply with fire and safety standards, including the applicable
				rules of the state fire prevention and building safety commission (675 IAC)
				where applicable to health facilities.
(e) The facility shall maintain buildings,
				grounds, and equipment in a clean condition, in good repair, and free of
				hazards that may adversely affect the health and welfare of the residents or
				the public as follows:
(1) Each facility
				shall establish and implement a written program for maintenance to ensure the
				continued upkeep of the facility.
(2) The electrical system, including
				appliances, cords, switches, alternate power sources, fire alarm and detection
				systems, shall be maintained to guarantee safe functioning and compliance with
				state electrical codes.
(3) All
				plumbing shall function properly and comply with state plumbing
				codes.
(4) At least yearly, heating
				and ventilating systems shall be inspected.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.6 - Physical plant standards

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-2; IC 16-28-5-1
Sec. 1.6.
(a) The
				facility shall make provisions for the handicapped as required by state or
				federal codes.
(b) The facility
				shall have adequate plumbing, heating, and ventilating systems as governed by
				applicable rules of the fire prevention and building safety commission (675
				IAC). Plumbing, heating, and ventilating systems shall be maintained in normal
				operating condition and utilized as necessary to provide comfortable
				temperatures in all areas.
(c) Each
				facility shall have an adequate air conditioning system, as governed by
				applicable rules of the fire prevention and building safety commission (675
				IAC). The air conditioning system shall be maintained in normal operating
				condition and utilized as necessary to provide comfortable temperatures in all
				resident and public areas.
(d) The
				facility shall be supplied with safe, potable water, under pressure, from a
				source approved by the Indiana department of environmental management. If a
				private water supply is used, the facility shall comply with appropriate laws
				and rules.
(e) Sewage shall be
				discharged into a public sewerage system in accordance with the laws and rules
				of the Indiana water pollution control board, where a system is available.
				Otherwise, sewage shall be collected, treated, and disposed of in an approved
				on-site wastewater system in accordance with 410 IAC 6-10.
(f) The facility shall have, for each room
				used for dining, living, or sleeping purposes, light and ventilation by means
				of outside windows with an area equal to one-tenth
				(1/10) of the total floor
				area of such rooms.
(g) The
				following standards apply to resident rooms:
(1) Each room shall have at least eighty (80)
				square feet per bed for rooms occupied by more than one (1) person and one
				hundred (100) square feet for single occupancy.
(2) A facility initially licensed prior to
				January 1, 1964, must provide not less than sixty (60) square feet per bed in
				multiple occupancy rooms.
(3) A
				facility initially licensed after January 1, 1964, must have at least seventy
				(70) square feet of usable floor area for each bed.
(4) Any facility that provides an increase in
				bed capacity, with plans approved after December 19, 1977, must provide eighty
				(80) square feet of usable floor area per bed.
(5) For facilities and additions to
				facilities for which construction plans are submitted for approval after July
				1, 1984, resident rooms shall not contain more than four (4) residents' beds
				per room.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-2 - Evaluation

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 2.
(a) An
				evaluation of the individual needs of each resident shall be initiated prior to
				admission and shall be updated at least semiannually and upon a known
				substantial change in the resident's condition, or more often at the resident's
				or facility's request. A licensed nurse shall evaluate the nursing needs of the
				resident.
(b) The preadmission
				evaluation (interview) shall provide the baseline information for the initial
				evaluation. Subsequent evaluations shall compare the resident's current status
				to his or her status on admission and shall be used to assure that the care the
				resident requires is within the range of personal care and supervision provided
				by a residential care facility.
(c)
				The scope and content of the evaluation shall be delineated in the facility
				policy manual, but at a minimum the needs assessment shall include an
				evaluation of the following:
(1) The
				resident's physical, cognitive, and mental status.
(2) The resident's independence in the
				activities of daily living.
(3) The
				resident's weight taken on admission and semiannually thereafter.
(4) If applicable, the resident's ability to
				self-administer medications.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-4 - Health services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 4.
(a) Each
				resident shall have a primary care physician selected by the
				resident.
(b) Each resident may
				have a dentist selected by the resident.
(c) Each facility shall choose whether or not
				it administers medication or provides residential nursing care, or both. These
				policies shall be delineated in the facility policy manual and clearly stated
				in the admission agreement.
(d)
				Personal care, and assistance with activities of daily living, shall be
				provided based upon individual needs and preferences.
(e) The administration of medications and the
				provision of residential nursing care shall be as ordered by the resident's
				physician and shall be supervised by a licensed nurse on the premises or on
				call as follows:
(1) Medication shall be
				administered by licensed nursing personnel or qualified medication
				aides.
(2) The resident shall be
				observed for effects of medications. Documentation of any undesirable effects
				shall be contained in the clinical record. The physician shall be notified
				immediately if undesirable effects occur, and such notification shall be
				documented in the clinical record.
(3) The individual administering the
				medication shall document the administration in the individual's medication and
				treatment records that indicate the:
(A)
				time;
(B) name of medication or
				treatment;
(C) dosage (if
				applicable); and
(D) name or
				initials of the person administering the drug or treatment.
(4) Preparation of doses for more
				than one (1) scheduled administration is not permitted.
(5) Injectable medications shall be given
				only by licensed personnel.
(6) PRN
				medications may be administered by a qualified medication aide (QMA) only upon
				authorization by a licensed nurse or physician. The QMA must receive
				appropriate authorization for each administration of a PRN medication. All
				contacts with a nurse or physician not on the premises for authorization to
				administer PRNs shall be documented in the nursing notes indicating the time
				and date of the contact.
(7) Any
				error in medication administration shall be noted in the resident's record. The
				physician shall be notified of any error in medication administration when
				there are any actual or potential detrimental effects to the
				resident.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-5 - Food and nutrition services (Repealed)

Current through July 10, 2024
Authority: IC 16-28-1-7; IC 16-28-1-12
Affected: IC 16-28-5-1
Sec. 5.1.
(a) The
				facility shall provide, arrange, or make available three (3) well-planned meals
				a day, seven (7) days a week that provide a balanced distribution of the daily
				nutritional requirements.
(b) The
				menu or substitutions, or both, for all meals shall be approved by a registered
				dietician.
(c) The facility must
				meet:
(1) daily dietary requirements and
				requests, with consideration of food allergies;
(2) reasonable religious, ethnic, and
				personal preferences; and
(3) the
				temporary need for meals delivered to the resident's room.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-5.1 - Food and nutritional services

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 5.1.
(a) The
				facility shall provide, arrange, or make available three (3) well-planned meals
				a day, seven (7) days a week that provide a balanced distribution of the daily
				nutritional requirements.
(b) The
				menu or substitutions, or both, for all meals shall be approved by a registered
				dietician.
(c) The facility must
				meet:
(1) daily dietary requirements and
				requests, with consideration of food allergies;
(2) reasonable religious, ethnic, and
				personal preferences; and
(3) the
				temporary need for meals delivered to the resident's room.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-6 - Pharmaceutical services

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1; IC 25-26-13
Sec. 6.
(a)
				Residents who self-medicate may keep and use prescription and nonprescription
				medications in their unit as long as they keep them secured from other
				residents.
(b) The facility shall
				maintain clear written policies and procedures on medication assistance. The
				facility shall provide for ongoing training to ensure competence of medication
				staff.
(c) If the facility
				controls, handles, and administers medications for a resident, the facility
				shall do the following for that resident:
(1)
				Make arrangements to ensure that pharmaceutical services are available to
				provide residents with prescribed medications in accordance with applicable
				laws of Indiana.
(2) A consultant
				pharmacist shall be employed, or under contract, and shall:
(A) be responsible for the duties as
				specified in
				856 IAC 1-7
				(expired);
(B) review the drug
				handling and storage practices in the facility;
(C) provide consultation on methods and
				procedures of ordering, storing, administering, and disposing of drugs as well
				as medication record keeping;
(D)
				report, in writing, to the administrator or the administrator's designee any
				irregularities in dispensing or administration of drugs; and
(E) review the drug regimen of each resident
				receiving these services at least once every sixty (60) days.
(3) The medication review,
				recommendations, and notification of the physician, if necessary, shall be
				documented in accordance with the facility's policy.
(4) Over-the-counter medications,
				prescription drugs, and biologicals used in the facility must be labeled in
				accordance with currently accepted professional principles and include the
				appropriate accessory and cautionary instructions and the expiration
				date.
(5) Labeling of prescription
				drugs shall include the following:
(A)
				Resident's full name.
(B)
				Physician's name.
(C) Prescription
				number.
(D) Name and strength of
				the drug.
(E) Directions for
				use.
(F) Date of issue and
				expiration date (when applicable).
(G) Name and address of the pharmacy that
				filled the prescription.
If medication is packaged in a unit dose, reasonable
				  variations that comply with the acceptable pharmaceutical procedures are
				  permitted.
(6)
				Over-the-counter medications must be identified with the following:
(A) Resident name.
(B) Physician name.
(C) Expiration date.
(D) Name of drug.
(E) Strength.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-7.1 - Activities programs

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 7.1.
(a) The
				facility shall provide activities programs appropriate to the abilities and
				interests of the residents being served.
(b) The facility shall provide and/or
				coordinate scheduled transportation to community-based activities.
(c) An activities director shall be
				designated and must be one (1) of the following:
(1) A recreation therapist.
(2) An occupational therapist or a certified
				occupational therapy assistant.
(3)
				An individual who has satisfactorily completed or will complete within one (1)
				year an activities director course approved by the division.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-8.1 - Clinical records

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 8.1.
(a) The
				facility must maintain clinical records on each resident. These records must be
				maintained under the supervision of an employee of the facility designated with
				that responsibility. The records must be as follows:
(1) Complete.
(2) Accurately documented.
(3) Readily accessible.
(4) Systematically organized.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-11.1 - Mental health screening for individuals who are recipients of Medicaid or federal Supplemental Security Income

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 12-10-6; IC 16-28-5-1
Sec. 11.1.
(a) As
				used in this section, "mental health service provider" means the community
				mental health center local to the residential care facility.
(b) If the individual is a recipient of
				Medicaid or federal Supplemental Security Income (SSI), the individual needs
				evaluation provided in section 2(a) of this rule shall include, but not be
				limited to, the following:
(1) Screening of
				the individual for major mental illness, such as a diagnosed major mental
				illness, is limited to the following disorders:
(A) Schizophrenia.
(B) Schizoaffective disorder.
(C) Mood (bipolar and major depressive type)
				disorder.
(D) Paranoid or
				delusional disorder.
(E) Panic or
				other severe anxiety disorder.
(F)
				Somatoform or paranoid disorder.
(G) Personality disorder.
(H) Atypical psychosis or other psychotic
				disorder (not otherwise specified).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-12 - Infection control

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 4-21.5; IC
				  16-28-5-1
Sec. 12.
(a) The
				facility must establish and maintain an infection control practice designed to
				provide a safe, sanitary, and comfortable environment and to help prevent the
				development and transmission of diseases and infection.
(b) The facility must establish an infection
				control program that includes the following:
(1) A system that enables the facility to
				analyze patterns of known infectious symptoms.
(2) Provides orientation and in-service
				education on infection prevention and control, including universal
				precautions.
(3) Offering health
				information to residents, including, but not limited to, infection transmission
				and immunizations.
(4) Reporting
				communicable disease to public health authorities.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-13 - Dining assistants

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC
				  16-28-13-3;
				  IC
				  25-23-1-1
Sec. 13.
(a) Each
				dining assistant shall successfully complete a sixteen (16) hour training
				program for dining assistants that has been approved by the
				department.
(b) A dining assistant
				training program must obtain approval from the department prior to providing
				instruction to individuals.
(c) The
				facility shall do the following:
(1) Ensure
				that resident selection for dining assistance is based on the charge nurse's
				assessment and the resident's most recent assessment and plan of
				care.
(2) Not allow the dining
				assistant to assist more than two (2) residents at any one (1) time.
(3) Ensure the dining assistant is oriented
				to the following:
(A) The resident's diet,
				likes, and dislikes.
(B) Feeding
				techniques appropriate to the individual resident.
(4) Document the use of a dining assistant on
				the resident's care plan and review at each care plan conference.
(5) Check the nurse aide registry prior to
				training an individual as a dining assistant.
(6) Use only individuals as dining assistants
				who have successfully completed a department-approved training program for
				dining assistants.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-1 - Applicability of rule

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 16-28-2; IC
				  16-28-5-1
Sec. 1.
This rule applies to facilities that care for children
				  licensed under IC 16-28-2.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-2 - Medical and dental services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 2.
(a) A
				complete physical, including an acceptable skin test for tuberculosis, a dental
				examination, and an evaluation of the child's medical and physical
				capabilities, shall be completed on the day of admission or not earlier than
				thirty (30) days prior to admission.
(b) Upon admission, written evidence shall
				indicate completion of an immunization series for diphtheria, tetanus, rubella,
				whooping cough, measles, and polio. The age of the child or the written order
				by the attending physician, contraindicating a new immunization, may alter the
				series. A planned program for booster immunization shall be maintained for each
				resident.
(c) For purposes of IC
				16-28-5-1,
				a breach of subsection (a) or (b) is a noncompliance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-3 - Nursing services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 3.
(a) Each
				child shall be given nursing care and supervision based on individual
				needs.
(b) Nursing care shall
				include, but is not limited to, providing the following:
(1) Each child shall be bathed or assisted to
				bathe as frequently as is necessary but at least daily, unless contraindicated
				by the physician.
(2) Each child
				shall be dressed in clean clothing at least daily or more often as needed to
				keep the child clean.
(3) Each
				child shall be given or assisted in oral care daily.
(4) Each child shall be checked at least
				every two (2) hours and shall be given a diaper change and clothing change if
				soiled. Skin care shall be given with each diaper change to prevent pressure
				sores, heat rashes, or other skin breakdown.
(5) A minimum of two (2) supervised play
				periods shall be provided daily. Each child shall be taken out of the bed for
				the play periods unless in the judgment of the charge nurse or physician it is
				contraindicated due to conditions or medical treatment.
(6) Helpless children shall be protected from
				active children.
(7) Each child
				shall be held or placed in a chair for feeding unless otherwise ordered by the
				attending physician.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-4 - Counseling and educational services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 4.
(a) Group
				and parent counseling and education shall be provided as indicated in the
				facility's policy manual to aid in promoting the education of and consultation
				with the parents. The facility shall notify the educational authority of the
				admission of a child to the facility and shall comply with applicable state
				department of public instruction statutes and rules.
(b) For purposes of IC
				16-28-5-1,
				a breach of subsection (a) is a nonconformance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-5 - Personnel

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 5.
(a) Each
				person employed to care for, train, and supervise children shall be capable of
				exercising good judgment in the handling of children and have knowledge and
				understanding of the care required for children with special mental, emotional,
				and physical problems.
(b) All
				staff shall participate in staff development training programs designed to
				address the specific problems of the children housed in the facility.
(c) Each employee's health record shall
				contain evidence of current immunization against polio, diphtheria, rubella,
				and tetanus unless contraindicated by a physician who must state that the
				employee is free of such conditions and qualifies for employment.
(d) If the facility has more than one (1)
				unit, one (1) nurse or attendant shall be on duty at all times on each unit or
				section of the building in which children are housed.
(e) Adequate numbers of additional nursing
				staff shall be on duty at all times to provide proper care, such as frequent
				change of position, frequent diapering, bathing, careful observation to prevent
				injury, and for other nursing care responsibilities.
(f) For purposes of IC
				16-28-5-1,
				a breach of:
(1) subsection (d) or (e) is a
				deficiency;
(2) subsection (b) or
				(c) is a noncompliance; and
(3)
				subsection (a) is a nonconformance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 6 - Health Care Facilities for Children › Section 6-6 - Physical plant standards

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 6.
(a) Housing
				space shall be provided as follows:
(1) At
				least eighty (80) square feet of floor space shall be provided for each
				adult-size bed or adult-size crib in sleeping rooms.
(2) At least fifty (50) square feet of floor
				space shall be provided for each child-size crib in sleeping rooms.
(3) There shall be a minimum of three (3)
				feet between heads, sides, or feet of beds or cribs.
(4) No more than eight (8) children shall
				sleep in one (1) bedroom. In facilities or additions to facilities for which
				plans are submitted for approval after July 1, 1984, no more than four (4)
				children shall sleep in one (1) bedroom.
(5) Separate bedrooms shall be provided for
				children of each sex over the age of six (6) years (except where the physician
				indicates otherwise).
(6) Size and
				type of beds, bedside cabinets, tables, and chairs shall be appropriate to the
				age, size, and needs of the children. Double-deck beds, trundle beds, rollaway
				beds, or cots shall not be used.
(7) There shall be a minimum of one (1)
				lavatory and one (1) toilet for each eight (8) children, or fraction thereof,
				and one (1) bathtub, shower, or bathing sink for each twelve (12) children. The
				fixtures shall be of proper design and installed so as to satisfactorily serve
				the types of children who will be using them.
(8) There shall be a minimum of one (1)
				complete bathroom on each floor occupied by children.
(9) Separate toilet rooms shall be provided
				for boys and girls over six (6) years of age. Partitions between toilet stools
				shall be provided. Nursery seats and steps shall be provided for use by small
				children if junior toilets are not available.
(10) Toilet facilities shall be provided for
				the staff and shall be separate from those provided for the children.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 7 - Health Facilities for Developmentally Disabled Persons › Section 7-1 - Applicability

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 16-28-2; IC
				  16-28-5-1
Sec. 1.
This rule applies to facilities licensed under IC 16-28-2
				  that serve three (3) or more developmentally disabled individuals.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 7 - Health Facilities for Developmentally Disabled Persons › Section 7-2 - Admission policies and program statements

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 2.
(a) Each
				facility shall have a written program statement and policies to assure that the
				facility admits only those individuals whose needs can be met. The policies
				shall be available to staff, residents, sponsors, and members of the public.
				The policies and program statement include, but are not limited to, the
				following:
(1) Classification of services
				offered.
(2) Arrangements to assure
				that the facility, in cooperation with community resources, can meet the needs
				of the individuals.
(3) The
				conditions of the people to be served.
(4) Admission, retention, and discharge
				policy.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 7 - Health Facilities for Developmentally Disabled Persons › Section 7-3 - Staff training and development programs

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 3.
(a) Each
				facility shall provide in service training and shall require all staff working
				with developmentally disabled residents to attend staff development programs
				concerning developmental disabilities. Written records of such training shall
				be kept in the facility.
(b) For
				purposes of IC
				16-28-5-1,
				a breach of subsection (a) is a noncompliance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 7 - Health Facilities for Developmentally Disabled Persons › Section 7-4 - Resident programs

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 4.
(a) The
				facility shall provide a program for developmentally disabled individuals,
				which assures the following:
(1) There is a
				designated staff member qualified by a minimum of two (2) years experience with
				developmentally disabled individuals, or through completion of the council
				approved training program on developmental disabilities, responsible for the
				program. If the designated staff member does not qualify as a qualified
				intellectual disability professional, as defined in
				410
				IAC 16.2-1.1-55, the designee must be supervised by a
				qualified intellectual disability professional or the facility must have a
				consultant qualified intellectual disability professional.
(2) The designated staff member is
				responsible for the development and implementation of the habilitation program
				which shall include an assessment of need for community services and a care
				habilitation plan based upon a diagnostic screening.
(3) The habilitation plan which comprises the
				developmental component of the care plan, or in residential care the individual
				needs assessment, shall be reviewed and updated in accordance with the
				scheduled review of the overall care plan or as changes in the resident's
				condition indicate.
(4) Sheltered
				workshop programs, adult day activity programs, work activity programs, and
				work adjustment programs designed to meet the developmental program needs of
				developmentally disabled persons shall be provided outside the facility and in
				other community settings. These programs shall be provided by community
				resources whose programs are approved by the Indiana family and social services
				administration's division of family resources in consultation with the Indiana
				family and social services administration's division of mental health and
				addiction. A facility is in compliance with this rule, even if it is unable to
				obtain developmental programs from approved community resources, if:
(A) the facility has documented that it will
				arrange for the provision of the services from a community resource, and the
				community resource is willing to provide the programs and has developed a plan
				for implementation within a mutually agreed upon time frame; or
(B) the facility has documented that a
				community resource is unavailable or is unwilling to provide the
				services.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 7 - Health Facilities for Developmentally Disabled Persons › Section 7-5 - Diagnostic screening

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 5.
(a) A
				diagnostic screening shall be performed within the twelve (12) month period
				prior to admission by a physician, or diagnostic and evaluation teams
				designated by the department of mental health, unless medically contraindicated
				by the attending physician.
(b)
				Permission for the diagnostic screening must be received from the resident (or
				sponsor where appropriate).
(c) The
				diagnostic screening performed after admission shall include the following:
(1) An annual medical evaluation to determine
				the general medical status of an applicant, and to identify any medical factors
				which limit client activity or ability in such areas as vocational training and
				residential placement in less restrictive settings.
(2) A psychological evaluation to measure the
				applicant's potential across a wide range of skills, for example, intellectual
				and adaptive functioning level, aptitude, and interests. After the initial
				psychological evaluation, a reevaluation shall be completed at least every
				three (3) years for children and every five (5) years for adults or more
				frequently as identified by the QMRP.
(3) An annual developmental assessment which
				measures what the applicant is doing in a wide range of skill areas, for
				example, ability to dress self, tell time, and move freely in the community
				without assistance.
(4) A social
				history and an annual social services update which provides information on
				services and programs the applicant has received in the past, as well as what
				services the applicant was receiving at the time of the diagnostic
				screening.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 8 - Incorporation by Reference › Section 8-1 - Clinical records

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28
Sec. 1.
(a) When used
				in this article, references to the publications in this subsection shall mean
				the version of that publication listed below. The following publications are
				hereby incorporated by reference:
(1)
				National Fire Protection Association (NFPA) 101, Life Safety Code Handbook
				(2000 Edition). Copies may be obtained from the National Fire Protection
				Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts
				02269-9904.
(2)42 CFR 493 (October
				1, 1995 Edition).
(3)42 CFR
				483.75(e)(1) (October 1, 1995 Edition).
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 17 - HOME HEALTH AGENCIES › Rule 9 - Definitions › Section 9-2 - "Administrator" defined

Current through July 10, 2024
Authority: IC
				  16-27-1-7
Affected: IC 16-27-1
Sec. 2.
"Administrator" means any health care professional who has
				  at least one (1) year of supervisory or administrative experience in health
				  service, or any other individual who has at least one (1) year of experience in
				  health service administration or health service finance.
Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 17 - HOME HEALTH AGENCIES › Rule 9 - Definitions › Section 9-3 - "Advance directive" defined

Current through July 10, 2024
Authority: IC
				  16-27-1-7
Affected: IC 16-27-1
Sec. 3.
"Advance directive" means a written instruction, such as a
				  living will or durable power of attorney for health care, recognized under
				  state law and relating to the provision of such care when the individual is
				  incapacitated.