Indiana Code
Title 16. Health
Article 28. Health Facilities

16-28-1-7. Adoption of Rules; Fire Safety Rule Recommendations; Classification of Facilities - Sec. 7. The state department shall do the following: (1)...

16-28-1-8. Repealed - [Pre-1993 Recodification Citation: 16-10-4-5(b).] As added by P.L.2-1993, SEC.11. Repealed...

16-28-1-9. Repealed - [Pre-1993 Recodification Citation: 16-10-4-5(c).] As added by P.L.2-1993, SEC.11. Repealed...

16-28-1-10. Waiver of Rules - Sec. 10. (a) The state health commissioner may, for good...

16-28-1-11. Qualified Medication Aides and Certified Nurse Aides; Certification by State Department; Registry - Sec. 11. (a) Unless an individual is certified under this...

16-28-1-11.5. Qualified Medication Aide Prohibited From Injecting Medicines; Exception - Sec. 11.5. (a) Except as provided in subsection (b), a...

16-28-1-12. Repealed - [Pre-1993 Recodification Citation: 16-10-4-6.] As added by P.L.2-1993, SEC.11. Amended...

16-28-1-13. Licensure Inspections; Reports - Sec. 13. (a) Licensure inspections of health facilities shall be...

16-28-1-14. Provision of Licensure Inspection Report Copies and Summaries; Maintenance and Inspection of Reports - Sec. 14. (a) The division shall provide, on the request...

Chapter 2. Licensure of Health Facilities

16-28-2-1. License Required; Licensing of State Institutions and Municipal Corporations - Sec. 1. A person must obtain a license from the...

16-28-2-2. Applications - Sec. 2. To obtain a license, an applicant must submit...

16-28-2-3. Requirements for Licensure; Tax Warrant List - Sec. 3. (a) Before the director may issue a license...

16-28-2-4. Issuance of Licenses; Types; Denial, Revocation, and Refusal to Renew Licenses - Sec. 4. The director may under IC 4-21.5-3-5 do one...

16-28-2-5. Exclusive Use of Licenses - Sec. 5. A license issued under this chapter is not...

16-28-2-6. Disclosure Statements; Affiliations; Advertising - Sec. 6. (a) This section does not apply to a...

16-28-2-6.5. Disclosure to Prospective Residents - Sec. 6.5. A health facility shall disclose the following to...

16-28-2-7. License Fees - Sec. 7. The fee for a license as a health...

16-28-2-8. Notice Regarding Requests for Names of Nursing Personnel or Direct Care Staff - Sec. 8. (a) Each comprehensive care health facility shall post...

16-28-2-9. Semiannual Statistical Reports - Sec. 9. (a) The office of Medicaid policy and planning...

16-28-2-10. Third Party Billing Notice - Sec. 10. A health facility that provides to a patient...

16-28-2-11. Amendment of Rules on Licensure of Residential Care Facilities - Sec. 11. The state department shall amend rules concerning the...

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...

Chapter 2.5. Licensure and Certification Limitations

16-28-2.5-1. Application - Sec. 1. This chapter does not apply to the conversion...

16-28-2.5-2. "Comprehensive Care Bed" - Sec. 2. (a) As used in this chapter, "comprehensive care...

16-28-2.5-3. "Comprehensive Care Health Facility" - Sec. 3. As used in this chapter, "comprehensive care health...

16-28-2.5-4. "Replacement Facility" - Sec. 4. As used in this chapter, "replacement facility" means...

16-28-2.5-5. "Under Development" - Sec. 5. As used in this chapter, "under development" refers...

16-28-2.5-6. Approval by the State Department; Application - Sec. 6. (a) Except as provided in subsection (b), the...

16-28-2.5-6.5. Exemptions From Moratorium on New Medicaid Certifications for Comprehensive Care Health Facilities - Sec. 6.5. A person may qualify for an exemption under...

16-28-2.5-7. Small House Health Facilities; Application; Approval - Sec. 7. (a) A small house health facility that is...

16-28-2.5-8. Expiration - Sec. 8. This chapter expires on the date on which...

Chapter 3. Probationary Licenses; Revocation of Licenses

16-28-3-1. Initiation of Proceedings; Procedure - Sec. 1. (a) The director may initiate a proceeding to...

16-28-3-2. Issuance of Probationary Licenses - Sec. 2. The director may initiate a proceeding under section...

16-28-3-3. Facilities Restricted to Probationary Licenses - Sec. 3. If a health facility is in breach of...

16-28-3-4. Duration of Probationary Licenses; Reissuance; Expiration of Other Licenses - Sec. 4. A probationary license may be issued for three...

16-28-3-5. License Fees - Sec. 5. The license fee for a probationary license is...

Chapter 4. Allegations of Breaches

16-28-4-1. Filing of Allegations; Form - Sec. 1. A person who believes that this article or...

16-28-4-2. Investigations - Sec. 2. The division shall promptly investigate the following: (1)...

16-28-4-3. Referral to Licensing Boards - Sec. 3. The state department shall refer an allegation of...

16-28-4-4. Reporting to State Department - Sec. 4. A governmental unit that: (1) receives an allegation...

16-28-4-5. Confidentiality - Sec. 5. (a) An allegation of breach filed with the...

16-28-4-6. Relicensure Considerations - Sec. 6. The report of a substantiated allegation of breach...

16-28-4-7. Reporting of Investigation Results and Actions Taken - Sec. 7. Upon request of the alleging party the director...

Chapter 5. Remedies for Breaches; Plans of Correction

16-28-5-1. Classification of Rules - Sec. 1. The executive board shall adopt rules under IC...

16-28-5-2. Citations - Sec. 2. On a determination by the commissioner that a...

16-28-5-3. Review of Citations - Sec. 3. A person aggrieved by a citation issued under...

16-28-5-4. Remedies for Breaches - Sec. 4. (a) The commissioner shall impose the following remedies...

16-28-5-5. Determination of Remedies - Sec. 5. (a) In determining appropriate remedies or waivers under...

16-28-5-6. Correction of Breaches; Time Allowed - Sec. 6. An order for immediate correction under section 4(b)(1)...

16-28-5-7. Corrective Period - Sec. 7. (a) A plan of correction submitted to the...

16-28-5-8. Plans of Correction; Actions; Notices of Rejection; Reports of Correction - Sec. 8. (a) A plan of correction may be: (1)...

16-28-5-9. Modification of Plans of Correction - Sec. 9. (a) A directed plan of correction imposed on...

16-28-5-10. Failure to Correct Breaches; Additional Penalties - Sec. 10. If: (1) a breach is not corrected within...

Chapter 6. Emergency Relocations of Patients

16-28-6-1. Relocation Orders - Sec. 1. In an emergency, the director may, with the...

16-28-6-2. Relocation Rules - Sec. 2. The state department shall adopt rules governing the...

Chapter 6.5. Essential Family Caregiver Program

16-28-6.5-1. "Facility" Defined - Sec. 1. As used in this chapter, "facility" includes the...

16-28-6.5-2. Adoption of Standards and Guidelines on the Essential Family Caregiver Program - Sec. 2. The state department shall adopt standards and guidelines...

16-28-6.5-3. Required Participation in Program; Information to Residents and Representatives; Discretion in Designation; Reconsideration of Denial - Sec. 3. (a) A facility shall participate in the essential...

16-28-6.5-4. Requirements for Designation - Sec. 4. To be designated as an essential family caregiver...

16-28-6.5-5. Resident Agreement of Designation - Sec. 5. A resident or a resident's designated representative must...

16-28-6.5-6. Requirements of Facility; Reasonable Visitation Times; Copy of Plan - Sec. 6. (a) If a facility designates an individual as...

16-28-6.5-7. Restrictions of Established Plan of Visitation - Sec. 7. A facility may restrict an established plan of...

16-28-6.5-8. Facility Notification of Noncompliance; Enforcement Action by State Department - Sec. 8. (a) If a facility is unable to comply...

16-28-6.5-9. Rules - Sec. 9. The state department may adopt rules under IC...

16-28-6.5-10. Immunity; Exception - Sec. 10. (a) A facility, its employees, and contractors are...

Chapter 7. Monitors

16-28-7-1. Placement of Monitors - Sec. 1. The director may issue an order under IC...

16-28-7-2. Appealability of Orders - Sec. 2. An order issued under section 1 of this...

16-28-7-3. Licensing and Duties of Monitors Who Are Not State Employees - Sec. 3. A monitor who is not a state employee...

16-28-7-4. Placement Costs for Monitors Who Are Not State Employees - Sec. 4. (a) A health facility shall pay the costs...

16-28-7-4.3. Placement Costs, Licensing, and Duties of Monitors Who Are State Employees - Sec. 4.3. The costs of placing a monitor in a...

16-28-7-5. Confidentiality - Sec. 5. Except as required by sections 3 and 4.3...

Chapter 8. Receivership

16-28-8-0.5. Cost of Receivership - Sec. 0.5. As used in this chapter, "cost of receivership"...

16-28-8-1. Petitions for Receivership - Sec. 1. The director may, after consultation with the commissioner,...

16-28-8-2. Conditions for Receivership - Sec. 2. The court may order a health facility placed...

16-28-8-3. Repealed - [Pre-1993 Recodification Citation: 16-10-4-20(c).] As added by P.L.2-1993, SEC.11. Repealed...

16-28-8-4. Receivers; Qualifications; Powers and Duties - Sec. 4. A receiver: (1) must be licensed under IC...

16-28-8-5. Operation of Facilities - Sec. 5. Unless a health facility is ordered to be...

16-28-8-6. Bond - Sec. 6. (a) Before beginning duties as a receiver, the...

16-28-8-7. Costs of Receivership; Receiver Who Is a State Employee; State Paid Cost of Receivership Preferred - Sec. 7. (a) The costs of the receivership shall be...

16-28-8-8. Physician Ordered Ambulance Services - Sec. 8. When a patient receiving care at a health...

Chapter 9. Penalties

16-28-9-1. Investigations and Reports - Sec. 1. The division shall investigate a report of an...

16-28-9-2. Penalty Options - Sec. 2. The attorney general may do any of the...

16-28-9-3. Interference With Investigations; Retaliation; Failure to Correct; Interference With Correction Process - Sec. 3. (a) A person who intentionally: (1) prevents, interferes...

16-28-9-4. Destruction or Falsification of Records - Sec. 4. A person who intentionally destroys or falsifies records...

16-28-9-5. Unlicensed Operation of Facilities; Advertisement of Unlicensed Facilities - Sec. 5. A person who: (1) operates a health facility...

16-28-9-6. Imposition of Fine - Sec. 6. The state department may impose a fine not...

Chapter 10. Hearings and Appeals

16-28-10-1. Hearings; Costs - Sec. 1. (a) Hearings under this article shall be conducted...

16-28-10-2. Appeals Panel; Expiration - Sec. 2. (a) The executive board shall appoint an appeals...

16-28-10-3. Judicial Review - Sec. 3. Judicial review of an administrative order issued under...

Chapter 11. Miscellaneous Provisions

16-28-11-1. Payment of Fines and Fees; Deposit - Sec. 1. Except as provided in IC 16-28-1-11 and IC...

16-28-11-1.5. Care Plans; Inclusion of a Resident Representative - Sec. 1.5. In developing and executing a care plan for...

16-28-11-2. Compulsory Medical Treatment and Examination - Sec. 2. This article does not authorize or require any...

16-28-11-3. Practice of Medicine - Sec. 3. This article does not authorize any person to...

16-28-11-4. Health Facility, County Jail, or Department of Correction Facility Required to Return Certain Unused Medication - Sec. 4. (a) A health facility, county jail under IC...

16-28-11-5. Fire Sprinkler Systems in Health Facilities - Sec. 5. (a) This section does not apply to the...

16-28-11-5.5. Employee of Health Facility Not Required to Perform Cpr if Specified Criteria Are Met - Sec. 5.5. (a) This section does not apply to the...

16-28-11-6. Disclosure of Fire Sprinkler Systems in Consumer Guide to Nursing Homes - Sec. 6. The state department shall disclose, in the state...

16-28-11-7. Disclosure of Smoke Detector Information in Consumer Guide to Nursing Homes - Sec. 7. The state department shall disclose the following information...

Chapter 12. Federally Required Enforcement Process

16-28-12-1. Adoption of Rules - Sec. 1. The state department shall, as the state agency...

16-28-12-2. 1396r(h) Fund; Investment; Use of Principal and Interest - Sec. 2. (a) The 1396r(h) fund is established to receive...

16-28-12-3. Department Actions; Procedure - Sec. 3. The procedure governing an action taken by the...

16-28-12-4. Review; Procedure; Filing Period - Sec. 4. (a) A person adversely affected by action of...

Chapter 13. Criminal History of Nurse Aides and Other Unlicensed Employees

16-28-13-0.5. "Health Care Facility" Defined - Sec. 0.5. As used in this chapter, "health care facility"...

16-28-13-1. "Nurse Aide" Defined - Sec. 1. (a) As used in this chapter, "nurse aide"...

16-28-13-2. "Other Unlicensed Employee" Defined - Sec. 2. (a) As used in this chapter, "other unlicensed...

16-28-13-3. Crimes Barring Employment at Certain Health Care Facilities - Sec. 3. (a) A health care facility or an entity...

16-28-13-4. Operator of Health Care Facility; Request for Nurse Aide Registry Report and Limited Criminal History - Sec. 4. (a) Except as provided in subsection (b), a...

16-28-13-5. Operator of Health Care Facility; Prohibition From Employing Person With Certain Convictions - Sec. 5. A person who: (1) operates or administers a...

16-28-13-6. Operator of Health Care Facility; Fees for Request of Registry Report and Criminal History - Sec. 6. (a) A person who: (1) operates or administers...

16-28-13-7. Applicability of Chapter - Sec. 7. The application of this chapter to a health...

16-28-13-8. Rights of Individuals Denied or Dismissed From Employment - Sec. 8. An individual who is denied employment or dismissed...

16-28-13-9. Immunity From Civil and Criminal Liability - Sec. 9. A person, other than a person denied employment...

16-28-13-10. Operator of Health Care Facility; Intentional Violation of Chapter - Sec. 10. A person: (1) who: (A) operates or administers...

16-28-13-11. Personnel Record; Providing Limited Criminal History - Sec. 11. (a) Each: (1) health care facility; and (2)...

16-28-13-12. Health Care Facility to Report Convictions of Employees - Sec. 12. If a health care facility has knowledge of...

16-28-13-13. Rules - Sec. 13. The state department may adopt rules under IC...

Chapter 14. Patient Immunizations

16-28-14-1. Repealed - As added by P.L.97-1999, SEC.2. Repealed by P.L.29-2009, SEC.3.

16-28-14-2. Obtaining Informed Consent - Sec. 2. (a) A health facility shall attempt to obtain...

16-28-14-3. Required Immunizations; Methods - Sec. 3. (a) Subject to obtaining a patient's informed consent...

16-28-14-4. Date by Which Immunizations Required - Sec. 4. Except as required by section 5 of this...

16-28-14-5. Determination of Patient Status - Sec. 5. (a) This section applies to an individual who...

16-28-14-6. Exceptions to Required Immunization - Sec. 6. Notwithstanding any other provision of this chapter, a...

Chapter 14.5. Health Facility Employee Immunizations

16-28-14.5-1. Application of Chapter - Sec. 1. This chapter applies only to the following: (1)...

16-28-14.5-2. Consent; Influenza Immunizations - Sec. 2. (a) Subject to obtaining an employee's consent, a...

16-28-14.5-3. Date Immunizations Are Required - Sec. 3. A health facility shall annually administer or make...

16-28-14.5-4. Availability of Vaccine - Sec. 4. A health facility is not required to provide...

16-28-14.5-5. Exceptions to Required Immunizations - Sec. 5. Notwithstanding any other provision of this chapter, a...

16-28-14.5-6. Rules - Sec. 6. The state department may adopt rules under IC...

Chapter 15. Health Facility Quality Assessment Fee

16-28-15-1. Initial Date Fee Imposed - Sec. 1. The imposition of a quality assessment fee under...

16-28-15-2. "Continuing Care Retirement Community" - Sec. 2. As used in this chapter, "continuing care retirement...

16-28-15-3. "Health Facility" - Sec. 3. As used in this chapter, "health facility" refers...

16-28-15-4. "Nursing Facility" - Sec. 4. As used in this chapter, "nursing facility" means...

16-28-15-5. "Office" - Sec. 5. As used in this chapter, "office" refers to...

16-28-15-6. Collection of Fee - Sec. 6. (a) Effective July 1, 2011, the office shall...

16-28-15-7. Implementation of Waiver - Sec. 7. The office shall implement the waiver approved by...

16-28-15-8. Distribution of Revenue From Fee - Sec. 8. (a) The money collected from the quality assessment...

16-28-15-9. Termination of Fee; Conditions - Sec. 9. If federal financial participation becomes unavailable to match...

16-28-15-10. Rules - Sec. 10. The office shall adopt rules under IC 4-22-2...

16-28-15-11. Failure to Pay Fee; Interest; Report - Sec. 11. (a) If a health facility fails to pay...

16-28-15-12. Failure to Pay Fee; Penalties - Sec. 12. (a) The state department shall do the following:...

16-28-15-13. Review; Implementation of Chapter - Sec. 13. The interim study committee on public health, behavioral...

16-28-15-14. Expiration - Sec. 14. This chapter expires June 30, 2023. As added...

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Indiana Code Title 16. Health Article 28. Health Facilities

Indiana Code
Title 16. Health
Article 28. Health Facilities