Title 16, HEALTH

Sec. 1. As used in this chapter, "client" means an individual who has been accepted to receive personal services from a personal services agency. As added by P.L.212-2005, SEC.18.

Sec. 10. The personal services agency's manager or the manager's designee shall prepare a service plan for a client before providing personal services for the client. A permanent change to the service plan requires a written change to the service plan. The service plan must: (1) …

Sec. 11. The personal services agency's manager or the manager's designee shall conduct a client satisfaction review with the client every seventy-six (76) to one hundred four (104) days to discuss the services being provided and to determine if any change in the plan of services…

Sec. 12. The personal services agency shall provide the client or the client's personal representative with the personal services agency's written statement of client rights not more than seven (7) days after providing services to the client. The statement of client rights must i…

Sec. 12.5. (a) A client who receives attendant care services may decline assistance with any component of the attendant care services, including the use of lift equipment. (b) Nothing in this chapter shall be construed to require a client to use lift equipment when lift services …

Sec. 13. A personal services agency shall investigate a complaint made by a client, the client's family, or the client's personal representative regarding: (1) service that is or fails to be furnished; and (2) lack of respect for the client's property by anyone furnishing service…

Sec. 14. The personal services agency's manager or the manager's designee shall be available to respond to client telephone calls twenty-four (24) hours a day. As added by P.L.212-2005, SEC.18.

Sec. 15. An employee or agent of a personal services agency who will have direct client contact must complete a tuberculosis test in the same manner as required by the state department for licensed home health agency employees and agents. As added by P.L.212-2005, SEC.18.

Sec. 16. (a) The competency of an employee or agent of a personal services agency who will perform attendant care services at the client's residence must be evaluated by the agency or the agency's designee for each attendant care services task that the personal services agency ch…

Sec. 17. (a) Disclosure of ownership and management information must be made to the state department: (1) at the time of the personal services agency's request for licensure; (2) during each survey of the personal services agency; and (3) when there is a change in the management …

Sec. 18. A personal services agency shall document evidence of compliance with the requirements of this chapter and document services provided to clients. The documentation or copies of the documentation must be maintained or be electronically accessible at a personal services ag…

Sec. 19. (a) The state health commissioner may take one (1) or more of the following actions on any ground listed in subsection (b): (1) Issue a probationary license. (2) Conduct a resurvey. (3) Deny renewal of a license. (4) Revoke a license. (5) Impose a civil penalty in an amo…

Sec. 2. As used in this chapter, "parent personal services agency" means the personal services agency that develops and maintains administrative and fiscal control over a branch office. As added by P.L.212-2005, SEC.18.

Sec. 20. (a) The state department shall adopt rules under IC 4-22-2 to govern the procedure for the following: (1) Issuing, renewing, denying, or revoking a personal services agency license. (2) Investigating a complaint against a personal services agency that alleges a violation…

Sec. 21. A licensee or an applicant for a license aggrieved by an action under this chapter may request a review under IC 4-21.5. As added by P.L.212-2005, SEC.18.

Sec. 23. A person who knowingly or intentionally: (1) operates a personal services agency; or (2) advertises the operation of a personal services agency; that is not licensed under this chapter commits a Class A misdemeanor. As added by P.L.212-2005, SEC.18.

Sec. 3. As used in this chapter, "personal representative" means a person who has legal authority to act on behalf of the client with regard to the action to be taken. As added by P.L.212-2005, SEC.18.

Sec. 4. (a) As used in this chapter, "personal services" means: (1) attendant care services; (2) homemaker services that assist with or perform household tasks, including housekeeping, shopping, laundry, meal planning and preparation, and cleaning; and (3) companion services that…

Sec. 5. (a) As used in this chapter, "personal services agency" means a person that provides or offers to provide a personal service for compensation, whether through the agency's own employees or by arrangement with another person. (b) The term does not include the following: (1…

Sec. 6. (a) To operate a personal services agency, a person must obtain a license from the state health commissioner. A personal services agency may not be opened, operated, managed, or maintained or conduct business without a license from the state department. Each parent person…

Sec. 7. (a) The state department shall investigate a report of an unlicensed personal services agency operation and report its findings to the attorney general. (b) The attorney general may do the following: (1) Seek an injunction in the circuit or superior court of the county in…

Sec. 8. (a) If a personal services agency is aware that the client's medical or health condition has become unstable or unpredictable, the personal services agency shall notify the client, the client's personal representative, a family member, other relative of the client, or oth…

Sec. 9. (a) A personal services agency shall employ an individual to act as the personal services agency's manager. The manager is responsible for the organization and daily operation of the personal services agency. (b) The manager may designate in writing one (1) or more indivi…

Sec. 1. A person who believes that this article or rules adopted under this article have been breached may file an allegation of breach with the state department. The allegation must be in writing unless the breach complained of is an offense or a deficiency. An oral allegation o…

Sec. 2. The division shall promptly investigate the following: (1) A written allegation of breach received under this chapter. (2) An oral allegation of breach that the director, in the director's discretion, believes to have merit. [Pre-1993 Recodification Citation: 16-10-4-14(b…

Sec. 3. The state department shall refer an allegation of breach received about licensed personnel at a health facility to the appropriate licensing board for review and possible disciplinary action. [Pre-1993 Recodification Citation: 16-10-4-14(c).] As added by P.L.2-1993, SEC.1…

Sec. 4. A governmental unit that: (1) receives an allegation of breach alleging breach of this article or rules adopted under this article; or (2) has knowledge of facts constituting breach of this article or rules adopted under this article; shall report that allegation of breac…

Sec. 5. (a) An allegation of breach filed with the state department under this article that is subsequently released to the health facility complained of or any member of the public shall not disclose the name or identifying characteristics of the alleging party or the patient wh…

Sec. 6. The report of a substantiated allegation of breach investigation, together with the response of the health facility and any enforcement action taken, shall be made a part of the health facility's record and shall be considered, together with the survey report, by the dire…

Sec. 7. Upon request of the alleging party the director shall report to the alleging party or the alleging party's designated relative, friend, or legal representative concerning the results of the investigation and the action taken. [Pre-1993 Recodification Citation: 16-10-4-14(…

Sec. 1. This chapter applies to the following: (1) The conversion of existing health facility beds to ICF/IID beds. (2) The construction of new ICF/IID facilities after June 30, 1987. [Pre-1993 Recodification Citation: 16-10-4-9(f) part.] As added by P.L.2-1993, SEC.12. Amended b…

Sec. 2. (a) As used in this chapter, "ICF/IID" refers to an intermediate care facility for individuals with intellectual disabilities. (b) The term does not include a facility administered under IC 12-11-1.1 or IC 12-22-2. [Pre-1993 Recodification Citation: 16-10-4-9(g).] As adde…

Sec. 3. Before the conversion of existing health facility beds to ICF/IID beds or the construction of a new ICF/IID facility, the state department may issue a preliminary approval of the proposed project, but only if the state department determines that there is an insufficient n…

Sec. 4. A proposed project that receives preliminary approval under this chapter may not add more beds than the number determined by the state department to be necessary to provide an available bed for each person determined under IC 12-11-2.1 to be appropriate for placement in a…

Sec. 1. The state department shall consider the following factors in determining the allocation to a political subdivision of resources or funds that are appropriated from the general fund to the state department for the prevention of the transmission of the human immunodeficienc…

Sec. 1. As used in this chapter, "autism spectrum disorder" has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. As added by P.L.56-2016, SEC.2.

Sec. 2. As used in this chapter, "developmental disability" has the meaning set forth in IC 12-7-2.1-118. As added by P.L.56-2016, SEC.2. Amended by P.L.145-2026, SEC.102.

Sec. 3. (a) Upon the request of: (1) an individual who has been medically diagnosed with a developmental disability, including autism spectrum disorder; (2) the parent or guardian acting on behalf of an individual who is described in subdivision (1) and is a minor; or (3) the par…

Sec. 4. (a) The state department may charge a reasonable fee, as determined by the state department, for a bracelet and an identification card issued under this chapter. (b) The state department shall adopt rules under IC 4-22-2 concerning the information that appears on a bracel…

Sec. 5. (a) Except as provided in subsection (c), information collected under this chapter: (1) is confidential; and (2) is exempt from disclosure. (b) Information collected under this chapter may not be released under a subpoena, search warrant, or any civil discovery proceeding…

Sec. 1. As used in this chapter, "armed forces of the United States" means the forces and components of the: (1) United States Army; (2) United States Navy; (3) United States Air Force; (4) United States Marine Corps; (5) United States Space Force; and (6) United States Coast Gua…

Sec. 10. (a) The superintendent shall establish and maintain a vocational school on the grounds of the home and maintain suitable facilities in which vocational trades and arts are taught. (b) The superintendent may utilize donated money or state money without limitation to finan…

Sec. 11. (a) After an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including consideration of appropriateness of placement, and with the approval of the state health commissioner or the commissioner's designee, the super…

Sec. 12. (a) An application for admission to the home may be made by a responsible parent, a guardian, a representative of the court, or the department of child services. (b) If an application is submitted by a person other than a responsible parent or guardian, the superintenden…

Sec. 13. (a) The superintendent is responsible for the care, control, and training of children admitted to and living in the home from the day a child is admitted to the home until the child is: (1) eighteen (18) years of age; or (2) discharged from the home. (b) The superintende…

Sec. 14. (a) Either parent, a guardian, a relative, or the department of child services applying for the admission of a child to the home shall, in securing admittance of the child, place the child in the home for the length of time determined to be in the best interests of the c…