Title 16, HEALTH

Sec. 5. (a) Except as provided in subsection (b), the state department shall adopt rules under IC 4-22-2 to carry out this chapter. (b) The state department may not adopt a rule that restricts a person's access to health data unless the right to inspect and copy that health data …

Sec. 6. (a) The state department may conduct surveys: (1) concerning the health status of Indiana residents; and (2) evaluating the effectiveness of the state department's programs. (b) Information contained in a survey described in subsection (a) that identifies or could be used…

Sec. 6.5. (a) The state department may analyze information submitted by entities regulated by the state department for quality improvement purposes. (b) The information generated by the state department under subsection (a), including any communication about the quality improveme…

Sec. 7. (a) This section does not apply to medical or epidemiological information protected from disclosure under IC 16-41-8-1 or data or information that is confidential under IC 16-21-6-7 or IC 16-39-5-3. (b) Except as provided in subsection (c), medical or epidemiological info…

collection; data release Sec. 8. (a) The state department shall support the goals and objectives of the state's counterterrorism programs by collecting data related to: (1) symptoms; and (2) health syndromes; from outbreaks or suspected outbreaks of diseases or other health condi…

Sec. 10. This section: (1) is effective upon implementation of the fee; and (2) does not apply to funds under IC 12-16-17 (before its repeal). Notwithstanding any other law, the part of the amounts appropriated for or transferred to the hospital care for the indigent program for …

Sec. 11. (a) This section: (1) does not apply to the incremental fee described in section 13.3 of this chapter; (2) is effective upon the implementation of the fee described in section 6 of this chapter, excluding the part of the fee used for purposes of section 13.3 of this chap…

Sec. 13. This section does not apply to the use of the incremental fee described in section 13.3 of this chapter. Notwithstanding IC 12-15-16-6(c), the annual two million dollar ($2,000,000) pool of disproportionate share dollars under IC 12-15-16-6(c) shall not be available to e…

Sec. 13.3. (a) This section is effective beginning February 1, 2015. As used in this section, "plan" refers to the healthy Indiana plan established in IC 12-15-44.5. (b) Subject to subsections (c) through (e), the incremental fee under this section may be used to fund the state s…

Sec. 13.5. (a) The incremental hospital fee fund is established for the purpose of holding fees collected under section 13.3 of this chapter. (b) The office shall administer the fund. (c) Money in the fund consists of the following: (1) Fees collected under section 13.3 of this c…

Sec. 14. (a) This section does not apply to the use of the incremental fee described in section 13.3 of this chapter. (b) The fees collected under section 8 of this chapter may be used only as described in this chapter or to pay the state's share of the cost for Medicaid services…

Sec. 15. This chapter may not be construed to authorize any county, municipality, district, or authority to impose a fee, tax, or assessment on a hospital. As added by P.L.205-2013, SEC.214.

Sec. 16. Subject to section 8(b) of this chapter, the office may adopt rules under IC 4-22-2 necessary to implement this chapter. Rules adopted under this section may be retroactive to the effective date of the Medicaid state plan amendments or waivers approved under this chapter…

Sec. 17. The office may enter into an agreement with a hospital to pay the fee in installments. As added by P.L.205-2013, SEC.214.

Sec. 18. (a) A hospital shall pay to the office interest on any fee that is paid eleven (11) or more days after the payment date. The interest must be applied at the same rate as the rate determined under IC 12-15-21-3(6)(A). (b) The office shall report to the state department ea…

Sec. 19. Payments for the programs described in section 8(a) of this chapter are limited to claims for dates of services provided during the fee period and that are timely filed with the office or a contractor of the office. Payments for the programs described in section 8(a) of …

Sec. 2. As used in this chapter, "fee" refers to the hospital assessment fee authorized by this chapter. As added by P.L.205-2013, SEC.214.

Sec. 20. The office may collect unpaid fees owed by a hospital under this chapter and may refund fees paid by a hospital under this chapter at any time, including after the cessation of the collection of a fee under this chapter. As added by P.L.205-2013, SEC.214.

Sec. 21. This chapter expires June 30, 2027. As added by P.L.205-2013, SEC.214. Amended by P.L.217-2017, SEC.85; P.L.108-2019, SEC.203; P.L.165-2021, SEC.146; P.L.201-2023, SEC.148; P.L.216-2025, SEC.34.

Sec. 3. As used in this chapter, "fee period" means the period during which a fee is collected under this chapter. As added by P.L.205-2013, SEC.214.

Sec. 4. (a) As used in this chapter, "hospital" means either of the following: (1) A hospital (as defined in IC 16-18-2-179(b)) licensed under this article. (2) A private psychiatric hospital licensed under IC 12-25. (b) The term does not include the following: (1) A state mental…

Sec. 5. As used in this chapter, "office" refers to the office of Medicaid policy and planning established by IC 12-8-6.5-1. As added by P.L.205-2013, SEC.214.

Sec. 5.7. As used in this chapter, "state directed payment program" means a payment arrangement under section 8.5 of this chapter and authorized under 42 CFR 438.6(c) that allows the office to direct specific payments to a hospital by the managed care organizations that contract …

Sec. 6. (a) Subject to subsection (d) and section 8(b) of this chapter, the office may assess a hospital assessment fee to hospitals during the fee period if the following conditions are met: (1) The fee may be used only for the purposes described in the following: (A) Section 8(…

Sec. 8. (a) This section does not apply to the use of the incremental fee described in section 13.3 of this chapter. Subject to subsection (b), the office may develop the following programs designed to increase Medicaid reimbursement for inpatient and outpatient hospital services…

Sec. 8.5. (a) Subject to subsection (b), beginning July 1, 2025, or thereafter, the office may implement a state directed payment program in which payments are made for inpatient and outpatient hospital services as follows: (1) Subject to available state share funding and federal…

Sec. 9. (a) This section is effective upon implementation of the fee. The hospital Medicaid fee fund is established for the purpose of holding fees collected under section 6 of this chapter, excluding the part of the fee used for purposes of section 13.3 of this chapter, that are…

Sec. 1. A county may not appropriate money for the erection, construction, equipment, or maintenance for a nonprofit hospital unless the construction, maintenance, and management of the hospital is under the supervision of a board of managers or board of trustees that is nonsecta…

Sec. 2. If a county appropriates money for the erection, construction, equipment, or maintenance for a nonprofit hospital, the county executive of the county may select at least one-half (1/2) of the members of the governing board. [Pre-1993 Recodification Citation: 16-12-4-2(b).…

Sec. 3. One (1) member of the governing board may be a licensed physician. [Pre-1993 Recodification Citation: 16-12-4-2(c).] As added by P.L.2-1993, SEC.5.

Sec. 4. An individual is not prohibited from serving as a member of the board of managers or board of trustees if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the hospital. However, the member shall disclose the …

Sec. 5. Whenever a vacancy occurs on the governing board, the existing governing board shall submit a list of three (3) candidates for each vacancy to be filled by the appointing authority. [Pre-1993 Recodification Citation: 16-12-4-2(e).] As added by P.L.2-1993, SEC.5.

Sec. 6. For each vacancy, the appointing authority may do one (1) of the following: (1) Appoint one (1) of the three (3) candidates submitted by the governing board. (2) Request and receive from the governing board a second list of three (3) candidates. (3) Appoint an individual …

Sec. 7. If the appointing authority requests and receives a second list of three (3) candidates under section 6(2) of this chapter, the appointing authority may do one (1) of the following: (1) Appoint one (1) of the three (3) candidates named in the second list. (2) Appoint an i…

Sec. 8. The appointment for a vacancy shall be made not more than sixty (60) days after the submission of the initial list of candidates under section 5 of this chapter. [Pre-1993 Recodification Citation: 16-12-4-2(h).] As added by P.L.2-1993, SEC.5.

Sec. 9. Each candidate submitted by the board of managers or trustees must meet the requirements concerning board members. [Pre-1993 Recodification Citation: 16-12-4-2(i).] As added by P.L.2-1993, SEC.5.

Sec. 1. (a) Hearings under this article shall be conducted in accordance with IC 4-21.5. (b) A health facility shall pay the costs of appointing an administrative law judge if the administrative law judge finds in favor of the state. However, if the administrative law judge finds…

Sec. 3. Judicial review of an administrative order issued under this chapter may be sought by either the facility or the state under IC 4-21.5. [Pre-1993 Recodification Citations: 16-10-4-9.4; 16-10-4-26.] As added by P.L.2-1993, SEC.11.

Sec. 1. (a) The: (1) attorney general; (2) prosecuting attorney; or (3) commission; may, in accordance with the Indiana laws governing injunctions, maintain an action in the name of the state to enjoin a person from violating this article or the rules adopted under this article. …

Sec. 2. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this article commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 1. As used in this chapter, "pilot program" means the opioid addiction recovery pilot program for pregnant women and women with newborns established by section 2 of this chapter. As added by P.L.174-2017, SEC.1.

Sec. 2. Subject to the approval of the Indiana commission to combat substance use disorder, the opioid addiction recovery pilot program for pregnant women and women with newborns is established to assist pregnant women and women with newborns by providing substance abuse and addi…

Sec. 3. To be eligible for participation in the pilot program, a woman must: (1) either: (A) be a pregnant woman; or (B) be a woman with a newborn child; and (2) seek assistance for recovery from an opioid addiction. As added by P.L.174-2017, SEC.1.

Sec. 4. The pilot program must include: (1) treatment in a residential care facility for recovery from opioid addiction for a pregnant woman or a woman with her newborn, including: (A) addiction treatment, including, if appropriate, medication assisted treatment with a long actin…

Sec. 5. (a) The state department shall administer the pilot program. (b) The pilot program must include treatment in a residential care facility located in the following locations: (1) One (1) facility located in Marion County. (2) One (1) facility located in Winchester. (3) One …

Sec. 1. As used in this chapter, "covered entity" has the meaning set forth in 45 CFR 160.103 as in effect on November 4, 2004. As added by P.L.47-2005, SEC.1.