Title 16, HEALTH

Sec. 11. The state department may adopt rules under IC 4-22-2 for the implementation and administration of this chapter. As added by P.L.104-2021, SEC.2.

Sec. 2. (a) Nothing in this chapter affects antitrust immunity provided through any other provision of state or federal law. (b) A hospital that has been issued a certificate of public advantage under this chapter may not be purchased by another hospital or system of hospitals un…

Sec. 3. (a) Any hospital entering into a merger agreement with another hospital may submit an application to the state department for a certificate of public advantage to govern the merger agreement in the manner prescribed by the state department. However, a hospital may not sub…

Sec. 4. (a) The state department, in consultation with the office of the secretary of family and social services, shall review an application for a certificate of public advantage and the documentation filed under section 3 of this chapter to determine whether there is clear evid…

Sec. 4.5. (a) As a part of a certificate of public advantage granted by the state department under this chapter, the state department may enter into an agreement with a nonprofit organization or a postsecondary educational institution to study the impacts of the certificate of pu…

Sec. 5. (a) A hospital that is a party to a merger agreement for at least five (5) years that was issued a certificate of public advantage by the state department under this chapter may voluntarily terminate the certificate of public advantage by filing notice of termination with…

Sec. 6. (a) The state department shall annually review a certificate of public advantage issued by the state department under this chapter. (b) The holder of a certificate of public advantage shall pay the reasonable costs incurred by the state department for the renewal of the c…

Sec. 7. (a) The state department shall actively supervise and monitor a hospital operating under a certificate of public advantage issued under this chapter to ensure that the conduct of the hospital furthers the purposes of this chapter. (b) The holder of a certificate of public…

Sec. 8. (a) A hospital that is issued a certificate of public advantage under this chapter shall submit a written report not later than July 1 of each year to: (1) the state department in the manner and time determined by the state department; (2) the office of the attorney gener…

Sec. 9. (a) The state department may do any of the following concerning a hospital that is issued a certificate of public advantage under this chapter: (1) Investigate the hospital's activities. (2) Require the hospital to either take action or prohibit an action in order to reta…

Sec. 1. The imposition of a quality assessment fee under this chapter occurs after June 30, 2011. As added by P.L.229-2011, SEC.162.

Sec. 10. The office shall adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.229-2011, SEC.162.

Sec. 11. (a) If a health facility fails to pay the quality assessment fee under this chapter not later than ten (10) days after the date the payment is due, the health facility shall pay interest on the quality assessment fee at the same rate as determined under IC 12-15-21-3(6)(…

Sec. 12. (a) The state department shall do the following: (1) Notify each nursing facility and each health facility reported under section 11 of this chapter that the nursing facility's license or health facility's license under IC 16-28 will be revoked if the patient day informa…

Sec. 13. The interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 shall review the implementation of this chapter. As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.216; P.L.53-2014, SEC.134.

Sec. 14. This chapter expires June 30, 2027. As added by P.L.229-2011, SEC.162. Amended by P.L.205-2013, SEC.217; P.L.217-2017, SEC.90; P.L.108-2019, SEC.204; P.L.165-2021, SEC.147; P.L.201-2023, SEC.149; P.L.213-2025, SEC.153.

Sec. 2. As used in this chapter, "continuing care retirement community" means a health care facility that: (1) provides independent living services and health facility services in a campus setting with common areas; (2) either: (A) holds continuing care agreements with at least t…

Sec. 3. As used in this chapter, "health facility" refers to a health facility that is licensed under this article as a comprehensive care facility. As added by P.L.229-2011, SEC.162.

Sec. 4. As used in this chapter, "nursing facility" means a health facility that is certified for participation in the federal Medicaid program under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.). As added by P.L.229-2011, SEC.162.

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.229-2011, SEC.162. Amended by P.L.160-2012, SEC.46.

Sec. 6. (a) Effective July 1, 2011, the office shall collect a quality assessment fee from each health facility. (b) The quality assessment fee must apply to all non-Medicare patient days of the health facility. The office shall determine the quality assessment rate per non-Medic…

Sec. 7. The office shall implement the waiver approved by the United States Centers for Medicare and Medicaid Services under 42 CFR 433.68(e)(2) that provides for the following: (1) Nonuniform quality assessment fee rates. (2) An exemption from collection of a quality assessment …

Sec. 8. (a) The money collected from the quality assessment fee during state fiscal year 2012 may be used only as follows: (1) Sixty-seven and one-tenth percent (67.1%) to pay the state's share of costs for Medicaid nursing facility services provided under Title XIX of the federa…

Sec. 9. If federal financial participation becomes unavailable to match money collected from the quality assessment fees for the purpose of enhancing reimbursement to nursing facilities for Medicaid services provided under Title XIX of the federal Social Security Act (42 U.S.C. 1…

Sec. 1. As used in this chapter, "approved laboratory" means a laboratory approved by the state department for making serological tests. [Pre-1993 Recodification Citation: 16-1-11-1 part.] As added by P.L.2-1993, SEC.24.

Sec. 10. A physician who diagnoses a pregnancy of a woman shall take or cause to be taken a sample of blood: (1) at the time of diagnosis of pregnancy; and (2) during the third trimester of pregnancy, if the woman belongs to a high risk population for which the Centers for Diseas…

Sec. 11. A person other than a physician who is permitted by law to attend a pregnant woman, but who is not permitted by law to take blood specimens, shall cause a sample of the blood of the pregnant woman to be taken by a licensed physician, who shall submit the sample to an app…

Sec. 12. If at the time of delivery positive evidence is not available to show that standard serological tests for syphilis have been made in accordance with section 10 of this chapter, the person in attendance at the delivery shall take or cause to be taken a sample of the blood…

Sec. 13. (a) The state department shall require in each birth certificate and stillbirth certificate, in addition to information otherwise required in the certificate, the following information: (1) Whether a serological test for syphilis was made for the woman who bore the child…

Sec. 14. The fact that a person has a sexually transmitted infection may not bar the person's admission to a benevolent, charitable, or penal institution or correctional facility supported and maintained in any part by state funds. [Pre-1993 Recodification Citation: 16-1-11-17.] …

Sec. 15. Whenever a person with a sexually transmitted infection is admitted to a benevolent, charitable, or penal institution or correctional facility of Indiana, the warden or official in charge of the institution or correctional facility shall institute and provide the proper …

Sec. 16. The services of the laboratory of the state department shall be available without charge for the laboratory diagnoses and tests as may be necessary to carry out sections 14 and 15 of this chapter. The state institutions and the state department shall cooperate in every r…

Sec. 17. Sections 10 through 12 of this chapter do not apply to the following: (1) A person who administers to or treats the sick or suffering by spiritual means or prayer. (2) A person who, because of the person's religious belief, in good faith selects and depends upon spiritua…

Sec. 18. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter 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. 2. As used in this chapter, "standard serological test for syphilis" means a test recognized as a standard serological test for syphilis by the state department. [Pre-1993 Recodification Citation: 16-1-11-1 part.] As added by P.L.2-1993, SEC.24.

Sec. 3. The local board of health or health officer may request from the appropriate body an appropriation for a sexually transmitted infection prevention and control program, which may include hospitalization and quarantine, when the local board of health or health officer deter…

Sec. 4. The local health officer shall transmit the request for funds to establish the sexually transmitted infection prevention and control program to the appropriate governing body, which may appropriate, out of any money that may be available in the governing body's general fu…

Sec. 5. The appropriate governing body may levy annually a tax of not more than one cent ($0.01) on each one hundred dollars ($100) of taxable property for the control and prevention of sexually transmitted infection. The tax is in addition to other taxes of the local governing b…

Sec. 6. A person in professional attendance at a birth shall carefully examine the eyes of the infant and if there is reason for suspecting infection in one (1) or both eyes, the person in professional attendance at the birth shall apply such prophylactic treatment as may be pres…

Sec. 7. The state department shall require in each birth certificate, in addition to information otherwise required in the certificate, an answer to the question "Were precautions taken against ophthalmia neonatorum?". [Pre-1993 Recodification Citation: 16-1-11-6.] As added by P.…

Sec. 8. It is unlawful for any person in professional attendance at a birth to fail to include an answer to the question on a birth certificate: "Were precautions taken against ophthalmia neonatorum?". [Pre-1993 Recodification Citation: 16-1-11-7.] As added by P.L.2-1993, SEC.24.…

Sec. 9. (a) If: (1) one (1) or both eyes of an infant become inflamed, swollen, or show an unnatural discharge or secretion at any time within two (2) weeks after birth; and (2) there is no legally qualified person in professional attendance; the parent or other person who is in …

Sec. 1. This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states. As added by P.L.3-2020,…

Sec. 2. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies. As added by P.L.3-2020, SEC.1.