Indiana Code
Chapter 2. Licensure of Health Facilities
16-28-2-12. Visitation of a Resident During a Declared Emergency; Public Health Emergency, or Crisis; Burden of Proof in Denial of Visitation

Sec. 12. (a) As used in this section, "facility" includes the following:
(1) A health facility licensed under this article.
(2) A residential care facility.
(b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following:
(1) End of life situations.
(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.
(3) A resident who is grieving the recent death of a family member or friend.
(4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver.
(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.
(6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation.
(7) A resident who is failing to thrive.
(c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section.
As added by P.L.142-2021, SEC.4.

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