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 3.1-3 - Residents' rights

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 3.
(a) The
				resident has a right to a dignified existence, self-determination, and
				communication with and access to persons and services inside and outside the
				facility. A facility must protect and promote the rights of each resident,
				including each of the following rights:
(1)
				To exercise his or her rights as a resident of the facility and as a citizen or
				resident of the United States.
(2)
				To be free of the following:
(A)
				Interference.
(B)
				Coercion.
(C)
				Discrimination.
(D) Reprisal from
				or threat of reprisal from the facility in exercising his or her
				rights.
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 3.1-4 - Notice of rights and services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 12-10-5.5; IC
				  16-28-5-1;
				  IC
				  16-36-1-3;
				  IC
				  16-36-1-7;
				  IC
				  16-36-4-7;
				  IC
				  16-36-4-13;
				  IC
				  30-5-7-4
Sec. 4.
(a) The
				facility must inform the resident both orally and in writing in a language that
				the resident understands of his or her rights and all rules and regulations
				governing resident conduct and responsibilities during the stay in the
				facility. Such notification must be made prior to or upon admission and during
				the resident's stay. Receipt of such information, and any amendments to it,
				must be acknowledged in writing. A copy of the resident's rights must be
				available in a publicly accessible area. The copy must be at least 12-point
				type.
(b) The resident has the
				right to the following:
(1) Immediate access
				to the current active clinical record.
(2) Upon an oral or written request, to
				access all other records pertaining to himself or herself within twenty-four
				(24) hours.
(3) After receipt of
				his or her records for inspection, to purchase at a cost, not to exceed the
				community standard, photocopies of the records or any portions of them upon
				request and two (2) working days' advance notice to the facility.
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 3.1-5 - Notification of changes

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 5.
(a) A
				facility must immediately inform the resident, consult with the resident's
				physician, and, if known, notify the resident's legal representative or an
				interested family member when there is:
(1) an
				accident involving the resident that results in injury and has the potential
				for requiring physician intervention;
(2) a significant change in the resident's
				physical, mental, or psychosocial status, that is, a deterioration in health,
				mental, or psychosocial status in either life-threatening conditions or
				clinical complications;
(3) a need
				to alter treatment significantly, that is, a need to discontinue an existing
				form of treatment due to adverse consequences or to commence a new form of
				treatment; or
(4) a decision to
				transfer or discharge the resident from the facility.
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 3.1-6 - Protection of resident funds

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 6.
(a) The
				resident has the right to manage his or her financial affairs, and the facility
				may not require residents to deposit their personal funds with the
				facility.
(b) Upon written
				authorization of the resident, the facility must hold, safeguard, manage, and
				account for personal funds of the resident deposited with the
				facility.
(c) Unless otherwise
				required by federal law, the facility must deposit any residents' personal
				funds in excess of fifty dollars ($50) in an interest bearing account (or
				accounts) that is separate from any of the facility's operating accounts, and
				that credits all interest earned on the resident's funds to his or her account.
				(In pooled accounts, there must be a separate accounting for each resident's
				share.)
(d) The facility must
				maintain residents' personal funds that do not exceed fifty dollars ($50) in a
				noninterest bearing account, interest bearing, or petty cash fund.
(e) The facility must establish and maintain
				a system that assures a full, complete, and separate accounting according to
				generally accepted accounting principles, of each resident's personal funds
				entrusted to the facility on the resident's behalf. The system must preclude
				any commingling of resident funds with facility funds or with the funds of any
				person other than another resident.
(f) The facility must:
(1) provide reasonable access during normal
				business hours to the funds in the account;
(2) return to the resident in not later than
				fifteen (15) calendar days, upon written request, all or any part of the
				resident's funds given to the facility for safekeeping; and
(3) provide reasonable access during normal
				business hours, to the written records of all financial transactions involving
				the individual resident's funds upon request.
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 3.1-7 - Grievances

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 7.
(a) A
				resident has the right to the following:
(1)
				Voice a grievance without discrimination or reprisal. Such grievances include
				those with respect to treatment which has been furnished as well as that which
				has not been furnished.
(2) Prompt
				efforts by the facility to resolve grievances the resident may have, including
				those with respect to the behavior of other residents.
(3) Recommend changes in policy and
				procedure, and receive reasonable responses to their requests without fear of
				reprisal or interference.
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 3.1-8 - Access and visitation rights

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 8.
(a)
				Residents have the right to choose with whom they associate. The facility shall
				provide reasonable visiting hours which should include at least nine (9) hours
				a day. The hours shall be posted in a prominent place in the facility and made
				available to each resident. Policies shall also provide for emergency
				visitation at other than posted hours.
(b) The resident has the right and the
				facility must provide immediate access to any resident by the following:
(1) Individuals representing state or federal
				agencies.
(2) Any authorized
				representative of the state.
(3)
				The resident's individual physician.
(4) The state and area long term care
				ombudsman.
(5) The agency
				responsible for the protection and advocacy system for developmentally disabled
				individuals.
(6) The agency
				responsible for the protection and advocacy system for mentally ill
				individuals.
(7) Immediate family
				or other relatives of the resident, subject to the resident's right to deny or
				withdraw consent at any time.
(8)
				Subject to the resident's right to deny or withdraw consent at any time, the
				resident's legal representative or spiritual advisor.
(9) Subject to reasonable restrictions and
				the resident's right to deny or withdraw consent at any time, others who are
				visiting with the consent of the resident.
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 3.1-9 - Personal property

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 9.
(a) The
				resident has the right to retain and use personal possessions, including some
				furnishings and appropriate clothing as space permits unless to do so would
				infringe upon the rights or health and safety of other residents.
(b) The facility shall exercise reasonable
				care for the protection of the resident's property from loss or
				theft.
(c) The administrator or the
				administrator's designee is responsible for investigating reports of lost or
				stolen residents' property.
(d) The
				facility will have written policies and procedures outlining the steps to be
				taken in the event an item is reported lost or stolen.
(e) The policies will include a mechanism to
				report the results of the investigation to the resident or his or her legal
				representative in the event the lost or stolen item is not recovered.
(f) If the resident's clothing is laundered
				by the facility, the facility shall identify the clothing in a suitable manner.
				The facility is only responsible for marking those items that are recorded on
				the resident's inventory sheet.
(g)
				The facility must inventory, upon admission and discharge, the personal
				effects, money, and valuables declared by the resident at the time of
				admission. It is the resident's responsibility to maintain and update the
				inventory listing of the resident's personal property.
(h) Facilities shall, in writing, annually
				remind residents, legal representatives, or family members or all, of the need
				to update inventory records.
(i)
				For purposes of IC
				16-28-5-1,
				a breach of:
(1) subsection (b) is a
				deficiency; and
(2) subsection (a),
				(c), (d), (e), (f), (g), or (h) 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 3.1-10 - Living arrangements

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 10.
(a) The
				resident has the right to share a room with his or her spouse when:
(1) married residents live in the same
				facility and both spouses consent to the arrangement; and
(2) a room is available for residents to
				share.
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 3.1-11 - Self-administration of drugs

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 11.
(a) An
				individual resident may self-administer drugs if the interdisciplinary team has
				determined that the practice is safe.
(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 3.1 - Comprehensive Care Facilities › Section 3.1-13 - 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. 13.
(a) The
				licensee:
(1) is responsible for compliance
				with all applicable laws and rules; 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 3.1 - Comprehensive Care Facilities › Section 3.1-14 - Personnel

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC
				  16-28-13-3
Sec. 14.
(a) Each
				facility shall have specific procedures written and implemented for the
				screening of prospective employees. Specific 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) A facility must not use any individual
				working in the facility as a nurse aide for more than four (4) months on a
				full-time, part-time, temporary, per diem, or other basis unless that
				individual:
(1) is competent to provide
				nursing and nursing-related services; and
(2) has completed a:
(A) training and competency evaluation
				program; or
(B) competency
				evaluation program; approved by the division.
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 3.1-15 - Equal access to quality care

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 15.
(a) A
				facility must establish and maintain identical policies and practices regarding
				transfer, discharge, and the provision of services under the state plan for all
				individuals regardless of source of payment.
(b) The facility may charge any amount for
				services furnished to non-Medicaid residents consistent with the notice
				requirement in section 4(f) of this rule describing the charges.
(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 3.1 - Comprehensive Care Facilities › Section 3.1-16 - Admissions policy

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 16.
(a) The
				facility must not:
(1) require residents or
				potential residents to waive their rights to Medicare or Medicaid; or
(2) require oral or written assurance that
				residents or potential residents are not eligible for, or will not apply for,
				Medicare or Medicaid benefits.
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 3.1-17 - Nursing services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 17.
(a) The
				facility must have sufficient nursing staff to provide nursing and related
				services to attain or maintain the highest practicable physical, mental, and
				psychosocial well-being of each resident, as determined by resident assessments
				and individual plans of care.
(b)
				The facility must provide services by sufficient number of each of the
				following types of personnel on a twenty-four (24) hour basis to provide
				nursing care to all residents in accordance with resident care plans:
(1) Except when waived under subsection (f),
				the facility shall provide a licensed nurse hour-to-resident ratio of
				five-tenths (.5) licensed nurse hour per resident per day, averaged over a one
				(1) week period. The hours worked by the director of nursing shall not be
				counted in the staffing hours.
(2)
				Except when waived under subsection (f), the facility must designate a licensed
				nurse to serve as a charge nurse on each tour of duty.
(3) Except when waived under subsection (f),
				the facility must use the services of a registered nurse for at least eight (8)
				consecutive hours a day, seven (7) days a week.
(4) Except as waived in subsection (f), the
				facility must designate a registered nurse who has completed a nursing
				management course with a clinical component or who has at least one (1) year of
				nursing supervision in the past five (5) years to serve as the director of
				nursing on a full-time basis.
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 3.1-18 - Infection control program

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 18.
(a) The
				facility must establish and maintain an infection control program 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 under which it does the following:
(1) Investigates, controls, and prevents
				infections in the facility, including, but not limited to, a surveillance
				system to:
(A) monitor, investigate, document,
				and analyze the occurrence of nosocomial infection;
(B) recommend corrective action;
				and
(C) review findings at least
				quarterly.
The system shall enable the facility to analyze clusters
				  and/or significant increases in the rate of infection.
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 3.1-19 - Environment and physical standards

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 19.
(a) The
				facility must be:
(1) designed;
(2) constructed;
(3) equipped; and
(4) maintained; to protect the health and
				safety of residents, personnel, and the public.
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 3.1-20 - Dietary services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC 25-14.5
Sec. 20.
(a) The
				facility must provide each resident with a nourishing, palatable, well-balanced
				diet that meets the daily nutritional and special dietary needs of each
				resident.
(b) The facility must
				employ a qualified dietitian either full time, part time, or on a consultant
				basis.
(c) If a qualified dietitian
				is not employed full time, the facility must designate a qualified person to
				serve as the director of food service who receives frequently scheduled
				consultation from a qualified dietitian.
(d) A qualified dietitian is one who is
				certified under IC 25-14.5. However, a person employed by a health facility as
				of July 1, 1984, must:
(1) have a bachelor's
				degree with major studies in food management;
(2) have one (1) year of supervisory
				experience in the dietetic service of a health care institution; and
(3) participate annually in continuing
				dietetic education.
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 3.1-21 - Food

Current through July 10, 2024
Authority: IC 16-28-1-7
Affected: IC 16-28-5-1
Sec. 21.
(a) Each
				resident receives and the facility provides the following:
(1) Food prepared by methods that conserve
				nutritive value, flavor, and appearance.
(2) Food that is palatable, attractive, and
				at the proper temperature.
(3) Food
				prepared in a form designed to meet individual needs.
(4) Substitutes offered of similar nutritive
				value to residents who refuse food served.
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 3.1-22 - Physician services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 22.
(a) A
				physician must personally approve, in writing, a recommendation that an
				individual be admitted to a facility. Each resident must remain under the care
				of a physician.
(b) The facility
				must ensure the following:
(1) The medical
				care of each resident is supervised by a physician.
(2) Another physician supervises the medical
				care of residents when their attending physician is unavailable.
(3) Verbal/telephone orders shall contain the
				date and time, physician's order, signature of the licensed nurse accepting the
				order, and the name of the physician giving the order.
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 3.1-23 - Specialized rehabilitative services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 23.
(a) If
				specialized rehabilitative services, such as, but not limited to, physical
				therapy, speech-language pathology, occupational therapy, and health
				rehabilitative services for mental illness and intellectual disability, are
				required in the resident's comprehensive care plan, the facility must:
(1) provide the required services;
				or
(2) obtain the required services
				from an outside resource from a provider of specialized rehabilitative
				services.
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 3.1-24 - Dental services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 24.
(a) The
				facility must assist residents in obtaining routine and twenty-four (24) hour
				emergency dental care. The facility must provide, or obtain from an outside
				resource, the following dental services to meet the needs of each resident:
(1) Routine dental services (to the extent
				covered under the state plan).
(2)
				Emergency dental services.
(3)
				Prompt referral of residents with lost or damaged dentures to a
				dentist.
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 3.1-25 - Pharmacy services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC 25-26-13
Sec. 25.
(a) The
				facility must provide routine and emergency drugs and biologicals to its
				residents or obtain them under an agreement.
(b) The administration of drugs and
				treatments, including alcoholic beverages, nutrition concentrates, and
				therapeutic supplements, shall be as ordered by the attending physician and
				shall be supervised by a licensed nurse as follows:
(1) Medication shall be administered by
				licensed nursing personnel or qualified medication aides. When other than
				licensed personnel administer drugs, the facility shall ensure that the person
				has been properly qualified in medication administration by a state approved
				course.
(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 indicating the time, name of drug
				or treatment, and dosage (if applicable), with name or initials.
(4) Medication shall be administered by the
				person who has set up the doses, except under a single unit dose package
				system.
(5) Setting up of doses for
				more than one (1) scheduled administration is not permitted.
(6) Injectable medications shall be given
				only by licensed personnel.
(7) No
				medication shall be used for any resident other than the resident for whom it
				was prescribed.
(8) Per required
				need (PRN) medications may be administered only upon authorization of a
				licensed nurse or physician. 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.
(9) 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. The facility must ensure that it is free
				of medication error rates of five percent (5%) or greater and that residents
				are free of any medication errors that jeopardize their health, safety, or
				welfare.
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 3.1-27 - Abuse and neglect

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 27.
(a) The
				resident has the right to be free from:
(1)
				sexual, physical, and mental abuse;
(2) corporal punishment;
(3) neglect; and
(4) involuntary seclusion.
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 3.1-28 - Staff treatment of residents

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 28.
(a) The
				facility must develop and implement written policies and procedures that
				prohibit mistreatment, neglect, and abuse of residents and misappropriation of
				resident property.
(b) The facility
				must:
(1) not employ individuals who have:
(A) been found guilty of abusing, neglecting,
				or mistreating residents or misappropriating residents' property by a court of
				law; or
(B) had a finding entered
				into the state nurse aide registry concerning abuse, neglect, mistreatment of
				residents, or misappropriation of their property; and
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 3.1-29 - Preadmission evaluation

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 29.
(a) The
				facility is responsible for the evaluation of prospective residents to ensure
				that only those residents whose medical, cognitive, and psychosocial needs can
				be met by the facility or through community resources are admitted to the
				facility.
(b) An evaluation of the
				prospective residents shall be made prior to admission. The evaluation shall
				include personal or telephone interviews with:
(1) the resident;
(2) the resident's physician; or
(3) the representative of the facility from
				which the resident is being transferred if applicable.
A brief record of the evaluation shall be retained by the
				  facility for those residents who are admitted to the facility and shall be
				  used, as applicable, in planning for the care of the resident.
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 3.1-30 - Admission orders

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 30.
(a) At the
				time each resident is admitted, the facility must have physician orders for the
				resident's immediate care that are based on a physical examination that shall
				be performed by the attending physician or the attending physician's designee
				on the day of admission or not earlier than thirty (30) days prior to
				admission. The physical information shall be updated to include new medical
				information if the resident's condition has changed since the physical
				examination was completed. Written admission orders and the physical
				examination, both signed by the physician, shall be on the resident's record on
				admission or within forty-eight (48) hours after the resident is admitted to
				the facility. The use of facsimile is acceptable.
(b) For purposes of IC
				16-28-5-1,
				a breach of subsection (a) is a deficiency.
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 3.1-31 - Comprehensive assessments

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 12-10-12; IC
				  16-28-5-1
Sec. 31.
(a) The
				facility must make a comprehensive assessment of each resident's needs that
				describes the resident's capability to perform daily life functions and
				significant impairments in functional capacity.
(b) Comprehensive facilities must use an
				assessment instrument based on the uniform data set specified by the division.
				Facilities which are not certified by Medicare or Medicaid must comply with
				this subsection by April 1, 1999.
(c) The comprehensive assessment must include
				at least the following information:
(1)
				Medically defined conditions and prior medical history.
(2) Medical status measurement.
(3) Physical and mental functional
				status.
(4) Sensory and physical
				impairments.
(5) Nutritional status
				and requirements.
(6) Special
				treatments or procedures.
(7)
				Mental and psychosocial status.
(8)
				Discharge potential.
(9) Dental
				condition.
(10) Activities
				potential.
(11) Rehabilitation
				potential.
(12) Cognitive
				status.
(13) Drug
				therapy.
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 3.1-32 - Quality of life

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 32.
(a) A
				facility must care for its residents in a manner and in an environment that
				promotes maintenance or enhancement of each resident's quality of
				life.
(b) For purposes of IC
				16-28-5-1,
				a breach of subsection (a) is a deficiency.
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 3.1-33 - Activities

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 33.
(a) The
				facility must provide for an ongoing program of activities designed to meet, in
				accordance with the comprehensive assessment, the interests and the physical,
				mental, and psychosocial well-being of each resident.
(b) The facility shall have a plan of
				activities appropriate to the needs of the residents of that facility that
				include, but is not limited to, the following:
(1) Group social activities.
(2) Indoor and outdoor activities, which may
				include daily walks.
(3) Activities
				away from the facility.
(4)
				Spiritual programs and attendance at houses of worship.
(5) Opportunity for resident involvement in
				planning and implementation of the activities program.
(6) Creative activities, such as the
				following:
(A) Arts.
(B) Crafts.
(C) Music.
(D) Drama.
(E) Educational programs.
(7) Exercise activities.
(8) One (1) to one (1) attention.
(9) Promotion of facility/community
				interaction.
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 3.1-34 - Social services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1;
				  IC
				  25-23.6-5-1
Sec. 34.
(a) The
				facility must provide medically-related social services to attain or maintain
				the highest practicable physical, mental, and psychosocial well-being of each
				resident, including the following where appropriate:
(1) Assessment of each resident's
				psychosocial needs and development of a plan for providing care.
(2) Review of the resident's needs and care
				plan with progress notes indicating implementation of methods to respond to
				identified needs.
(3) Assistance to
				residents and spouses to utilize community resources through referral when the
				services needed are not provided by the facility.
(4) Assistance to residents in adjusting to
				the facility, exercising rights as residents, and promoting the continuance of
				relationships with the family and community.
(5) Advice and appropriate referrals to
				minimize social and economic obstacles to discharge and coordination of
				discharge planning.
(6)
				Coordination of relocation planning, including advice and referral to community
				resources before and during relocation.
(7) Establishment of a positive and socially
				therapeutic environment through staff training and input on policies and
				procedures.
(8) Promotion of
				facility-community interaction.
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 3.1-35 - Comprehensive care plan

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 35.
(a) The
				facility must develop a written comprehensive care plan for each resident that
				includes measurable objectives and timetables to meet a resident's medical,
				nursing, mental, and psychosocial needs that are identified in the
				comprehensive assessment.
(b) The
				care plan must describe the following:
(1) The
				services that are to be furnished to attain or maintain the resident's highest
				practicable physical, mental, and psychosocial well-being.
(2) Any services that would otherwise be
				required, but are not provided due to the resident's exercise of rights,
				including the right to refuse treatment.
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 3.1-36 - Discharge summary

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 36.
(a) When
				the facility anticipates discharge, a resident must have a discharge summary
				that includes the following:
(1) A
				recapitulation of the resident's stay.
(2) A final summary of the resident's status
				to include the components of the comprehensive assessment, at the time of the
				discharge that is available for release to authorized persons and agencies with
				the consent of the resident or legal representative.
(3) A postdischarge care plan that is
				developed with the participation of the resident and his or her family, which
				will assist the resident to adjust to his or her new living environment. The
				postdischarge plan must be presented both orally and in writing and in a
				language that the resident and family understand.
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 3.1-37 - Quality of care

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 37.
(a) Each
				resident must receive and the facility must provide the necessary care and
				services to attain or maintain the highest practicable physical, mental, and
				psychosocial well-being in accordance with the comprehensive assessment and
				care plan.
(b) To ensure each
				resident receives proper care and treatment, the facility shall assist the
				resident in making appropriate appointments and in arranging for transportation
				to and from the office of the practitioner specializing in the needed
				treatment.
(c) For purposes of IC
				16-28-5-1,
				a breach of subsection (a) or (b) is a deficiency.
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 3.1-38 - Activities of daily living

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 38.
(a) Based
				on the comprehensive assessment of a resident and the care plan, the facility
				must ensure the following:
(1) The resident's
				abilities in activities of daily living (ADL) do not diminish unless
				circumstances of the resident's clinical condition demonstrate that diminution
				was unavoidable. Conditions demonstrating unavoidable diminution in ADLs
				include the following:
(A) The natural
				progression of the resident's disease.
(B) Deterioration of the resident's physical
				condition associated with the onset of a physical or mental disability while
				receiving care to restore or maintain functional abilities.
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 3.1-39 - Vision and hearing

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 39.
(a) To
				ensure that residents receive proper treatment and assistive devices to
				maintain vision and hearing abilities, the facility must, if necessary, assist
				the resident as follows:
(1) In making
				appointments.
(2) By arranging for
				transportation to and from the office of a practitioner specializing in the
				treatment of vision or hearing impairment or the office of a professional
				specializing in the provision of vision or hearing assistive devices.
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 3.1-40 - Pressure sores

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 40.
(a) Based
				on the comprehensive assessment of a resident and the care plan, the facility
				must ensure the following:
(1) A resident who
				enters the facility without pressure sores does not develop pressure sores
				unless the individual's clinical condition demonstrated that they were
				unavoidable. A determination that the development of a pressure sore was
				unavoidable may be made only if routine preventative and daily care was
				provided.
(2) A resident having
				pressure sores or other sign of skin breakdown receives prompt necessary
				treatment, pressure reducing devices and services to promote healing, prevent
				infection, and prevent new sores from developing.
(3) The resident's physician shall be
				notified at the earliest sign of a pressure sore or other skin breakdown. Such
				notification shall be documented in the clinical record.
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 3.1-41 - Urinary incontinence

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 41.
(a) Based
				on the resident's comprehensive assessment and care plan, the facility must
				ensure the following:
(1) A resident who
				enters the facility without an indwelling catheter is not catheterized unless
				the resident's clinical condition demonstrates that catheterization was
				necessary.
(2) A resident who is
				incontinent of bladder receives appropriate treatment and services to prevent
				urinary tract infections and to restore as much normal bladder function as
				possible.
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 3.1-42 - Range of motion

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 42.
(a) Based
				on the comprehensive assessment and care plan of a resident, the facility must
				ensure the following:
(1) A resident who
				enters the facility without a limited range of motion does not experience
				reduction in range of motion unless the resident's clinical condition
				demonstrates that a reduction in range of motion is unavoidable.
(2) A resident with a limited range of motion
				receives appropriate treatment and services to increase range of motion and/or
				to prevent further decrease in range of motion.
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 3.1-43 - Mental and psychosocial functioning

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 43.
(a) Based
				on the comprehensive assessment and care plan of the resident, the facility
				must ensure the following:
(1) A resident who
				displays mental or psychosocial adjustment difficulty receives appropriate
				treatment and services to correct the assessed problem.
(2) A resident whose assessment did not
				reveal a mental or psychosocial adjustment difficulty does not display a
				pattern of decreased social interaction and/or increased withdrawn, angry, or
				depressive behaviors unless the resident's clinical condition demonstrates that
				such a pattern was unavoidable.
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 3.1-44 - Naso-gastric tubes

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 44.
(a) Based
				on the comprehensive assessment and comprehensive care plan of a resident, but
				subject to the resident's right to refuse, the facility must ensure the
				following:
(1) A resident who has been able to
				eat enough alone or with assistance is not fed by naso-gastric tube unless the
				resident's clinical condition demonstrates that use of a naso-gastric tube was
				unavoidable.
(2) A resident who is
				fed by a naso-gastric or gastrostomy tube receives the appropriate treatment
				and services to prevent aspiration pneumonia, diarrhea, vomiting, dehydration,
				metabolic abnormalities, and nasal-pharyngeal ulcers and to restore, if
				possible, normal eating skills.
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 3.1-45 - Accidents

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 45.
(a) The
				facility must ensure the following:
(1) The
				resident's environment remains as free of accident hazards as is reasonably
				possible.
(2) Each resident
				receives adequate supervision and assistive devices to prevent
				accidents.
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 3.1-46 - Nutrition and hydration

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 46.
(a) Based
				on a resident's comprehensive assessment and care plan, but subject to the
				resident's right to refuse, the facility must ensure the following:
(1) That a resident maintains acceptable
				parameters of nutritional status, such as body weight and protein levels,
				unless the resident's clinical condition demonstrates that this is not
				possible.
(2) Receives a
				therapeutic diet when there is a nutritional problem.
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 3.1-47 - Special needs

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 47.
(a) The
				facility must ensure that the residents receive proper treatment and care by
				qualified personnel for the following special services if offered:
(1) Injections.
(2) Parenteral and enteral fluids.
(3) Colostomy, ureterostomy, or ileostomy
				care.
(4) Tracheostomy
				care.
(5) Tracheal
				suctioning.
(6) Respiratory
				care.
(7) Foot care.
(8) Prostheses.
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 3.1-48 - Drug therapy

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 48.
(a) Each
				resident's drug regimen must be free from unnecessary drugs. An unnecessary
				drug is any drug when used:
(1) in excessive
				dose (including duplicate drug therapy);
(2) for excessive duration;
(3) without adequate monitoring;
(4) without adequate indications for its
				use;
(5) in the presence of adverse
				consequences that indicate the dose should be reduced or discontinued;
				or
(6) any combination of the
				reasons in this subsection.
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 3.1-49 - Laboratory, radiology, and other diagnostic services

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC 16-28-5-1
Sec. 49.
(a) The
				facility must provide or obtain laboratory services to meet the needs of its
				residents. The facility is responsible for the quality and timeliness of the
				services.
(b) If the facility
				provides its own laboratory services, the services must meet the applicable
				requirements for coverage of the services furnished by independent laboratories
				specified in 42 CFR 493.
(c) If the
				facility provides blood bank and transfusion services, it must meet the
				requirements for laboratories specified in 42 CFR 493.
(d) If the laboratory chooses to refer
				specimens for testing to another laboratory, the referral laboratory must be
				approved or licensed to test specimens in the appropriate specialties and/or
				subspecialties of service in accordance with the requirements of 42 CFR
				493.
(e) If the facility does not
				provide laboratory services on-site, it must have an agreement to obtain these
				services only from a laboratory that meets the requirements of 42 CFR
				493.
(f) The facility must:
(1) provide or obtain laboratory services
				only when ordered by the attending physician;
(2) assure that the attending physician is
				promptly notified of the findings;
(3) assist the resident in making
				transportation arrangements to and from the source of service, if the resident
				needs assistance; and
(4) file in
				the resident's clinical record laboratory reports that are dated and contain
				the name and address of the testing laboratory.
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 3.1-50 - Clinical records

Current through July 10, 2024
Authority: IC
				  16-28-1-7
Affected: IC
				  16-28-5-1
Sec. 50.
(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. Any consultation must be provided by a medical records
				practitioner in accordance with accepted professional standards and practices.
				The records must be as follows:
(1)
				Complete.
(2) Accurately
				documented.
(3) Readily
				accessible.
(4) Systematically
				organized.