Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 16.2 - HEALTH FACILITIES; LICENSING AND OPERATIONAL STANDARDS › Rule 5 - Residential Care Facilities › Section 5-1.1 - Licenses

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-18-2-167; IC 16-28-1-10; IC 16-28-2-2; IC
				  16-28-2-4; IC 16-28-5-7
Sec. 1.1.
(a) Any
				person, in order to lawfully operate a health facility as defined in IC
				16-18-2-167, shall first obtain an authorization to occupy the facility or a
				license from the director. The applicant shall notify the director, in writing,
				before the applicant begins to operate a facility that is being purchased or
				leased from another licensee. Failure to notify the director precludes the
				issuance of a full license.
(b) The
				director may approve occupancy and use of the structure pending a final
				licensure decision.
(c) The
				director may issue a health facility license for a new facility upon receipt,
				review, and approval of the following requirements:
(1) The applicant shall submit a license
				application on the prescribed form in accordance with IC 16-28-2-2. The
				applicant shall identify direct and indirect ownership interests of five
				percent (5%) or more and of officers, directors, and partners.
(2) The applicant shall submit the
				appropriate license fee.
(3) Prior
				to the start of construction, detailed architectural and operational plans
				shall be submitted to the division for consideration and approval. The plans
				shall state the licensure classification sought. Plans for projects involving
				less than thirty thousand (30,000) cubic feet require suitable detailed plans
				and sketches. Plans for projects involving more than thirty thousand (30,000)
				cubic feet require certification by an architect or an engineer registered in
				Indiana. A plan of operation, in sufficient detail to facilitate the review of
				functional areas, that is, nursing unit, laundry, and kitchen, shall accompany
				the submitted plan.
(4) The
				director shall be notified of the design release from the department of fire
				and building services.
(5) The
				director shall be provided with written notification that construction of the
				building is substantially complete.
(6) The applicant shall submit to the
				director the following:
(A) Corporate or
				partnership structure.
(B) A
				complete list of facilities previously and currently owned or operated by the
				officers, directors, agents, and managing employees.
(C) A copy of agreements and
				contracts.
(D) If registration is
				required by the secretary of state, a copy of the registration.
(E) A staffing plan to include the number,
				educational level, and personal health of employees.
(F) A disaster plan.
(7) The applicant shall submit information
				and supporting documents required by the director documenting that the facility
				will be operated in reasonable compliance with this article and applicable
				statutes.
(8) The applicant shall
				submit a report by the state fire marshal that the facility is in reasonable
				compliance with the fire safety rules of the fire prevention and building
				safety commission (675 IAC).
(9)
				The applicant shall submit information verified by the appropriate building
				official that the building is in reasonable compliance with the building rules
				of the fire prevention and building safety commission (675 IAC).
(10) The facility shall meet the
				environmental and physical standards of section 1.6 of this rule.
(11) The applicant shall submit an
				independent verification of assets and liabilities demonstrating working
				capital adequate to operate the facility. The verification shall be performed
				by a certified public accountant. The verification shall be submitted to the
				director on a form approved by the department. The verification shall be
				accompanied by documents required by the application form and other documents
				or information as required by the department to evidence adequate working
				capital to operate the facility.