Title 16, HEALTH

Sec. 1. (a) If a multiple county sewer, water, wastewater, or similar district has been established under IC 13-26 or IC 13-3-2 (before its repeal), the affected counties may by concurrent resolution of each county executive establish an area board of health for the sole purposes…

Sec. 2. (a) An area board of health consists of two (2) members from each participating county board of health, to be selected by the appropriate county executive. In addition, the health officer of each participating county and the county treasurer from the participating county …

Sec. 3. An area board of health shall meet at the call of the chairman, with the first meeting to be held during the first month following the date of establishment of the board. [Pre-1993 Recodification Citation: 16-1-7.5-3 part.] As added by P.L.2-1993, SEC.3.

Sec. 4. At the first meeting and annually thereafter, the area board of health shall elect a chairman and a vice chairman. One (1) of the health officers shall be designated to serve as secretary. The county treasurer member serves as treasurer of the board. [Pre-1993 Recodificat…

Sec. 5. (a) An area board of health and the trustees of the multiple county sewer, water, wastewater, or similar district shall jointly establish boundary lines, which may not exceed the boundaries of the district, for a special uniform inspection and enforcement area. (b) The ar…

Sec. 6. To carry out the purposes of this chapter, the area board of health may do the following: (1) Adopt and enforce ordinances consistent with state law. (2) Employ qualified individuals or utilize existing qualified employees to perform inspection and enforcement duties. (3)…

Sec. 7. (a) An area board of health shall prepare an annual budget and submit the budget to the county fiscal body of each participating county for review and approval. (b) Each county fiscal body shall appropriate that county's proportionate share of the costs to be incurred by …

Sec. 8. Fees and fines collected by the area board of health shall be collected by a person designated by the area board of health. Accurate records shall be kept of all fees and fines collected. [Pre-1993 Recodification Citation: 16-1-7.5-7.] As added by P.L.2-1993, SEC.3.

Sec. 1. The state department shall investigate a report of an unlicensed institution or agency and report the findings to the attorney general. The attorney general may seek any of the following: (1) An injunction in a court of jurisdiction in the county in which the unlicensed i…

Sec. 2. An agency, a building, an institution, or a place may not be called a hospital if the agency, building, institution, or place is not a hospital. [Pre-1993 Recodification Citation: 16-10-1-16.2.] As added by P.L.2-1993, SEC.4.

Sec. 3. A person who: (1) operates an institution or agency that is required to be licensed under this chapter that is not licensed under this chapter; or (2) advertises the operation of an institution or agency that is required to be licensed under this chapter that is not licen…

Sec. 1. The methods set out in this chapter may be employed to establish, construct, enlarge, remodel, and acquire county hospital buildings. [Pre-1993 Recodification Citation: 16-12.1-4-1.] As added by P.L.2-1993, SEC.5.

Sec. 10. (a) The department of local government finance shall, within a reasonable time, fix a date for a hearing to be held in the county and give notice of the hearing to the following: (1) The executive director of the hospital. (2) The first twenty-five (25) taxpayers whose n…

Sec. 11. (a) After the hearing, the department of local government finance shall approve, disapprove, or modify the proposal and certify the department's action to the auditor of the county. (b) A: (1) taxpayer who signed a petition filed under section 8 of this chapter; or (2) c…

Sec. 12. If a tax levy is approved by the department of local government finance, the following shall occur: (1) The county auditor shall include the levy in the annual budget and tax levies of the county for the term fixed in the order of the department of local government finan…

Sec. 13. The county fiscal body may, upon request of the board of the hospital, reduce or rescind the tax levy. [Pre-1993 Recodification Citation: 16-12.1-4-4(i).] As added by P.L.2-1993, SEC.5.

Sec. 14. (a) Except when the county fiscal body reduces or rescinds the tax levy upon request of the board of the hospital, if the tax levy is reduced, rescinded, or not levied by the county fiscal body as fixed in the order of the department of local government finance, the boar…

Sec. 15. As the tax is collected, the levies become a part of the hospital funds without further appropriation by the county fiscal body and may be invested in accordance with IC 16-22-3-20. The levies shall be separately accounted for as a hospital cumulative building fund and m…

Sec. 16. After a hospital is established and the governing board appointed, the county executive may issue and sell general obligation bonds of the county to finance the costs of or the enlargement or remodeling of hospital buildings in an amount certified by the board to the cou…

Sec. 17. (a) The governing board may borrow money and may secure the borrowing by a pledge of the following: (1) Amounts from the cumulative building fund. (2) Accounts receivable. (3) A security interest in capital equipment for which the proceeds of the loan is used. (4) Other …

Sec. 18. Funds may be received by appropriation, tax levy, or grant from any of the following: (1) The county in which the hospital is located. (2) An adjoining county or counties if permitted by law. (3) The state. (4) An agency or instrumentality of the United States government…

Sec. 19. The governing board, county executive, or county fiscal body may enter into agreements with the United States or a department, an agency, or an instrumentality of the United States: (1) with respect to loans or loan guarantees in accordance with IC 16-22-3-26; or (2) to …

Sec. 2. Cumulative building funds established under the following statutes are continued in full force and effect, and the county officers authorized and empowered to levy the taxes to provide those funds may continue to do so in accordance with the proposal or plans establishing…

Sec. 20. The governing board may accept contributions, gifts, devises, or bequests with any lawful limitations, provisions, or conditions for the use that the donor establishes. [Pre-1993 Recodification Citation: 16-12.1-4-10.] As added by P.L.2-1993, SEC.5.

Sec. 3. (a) A cumulative building fund for the establishment, enlargement, construction, acquisition, equipping, or remodeling of county hospital buildings may be established in accordance with this article. (b) The board may petition the county executive to levy a tax to establi…

Sec. 4. To provide for the cumulative building fund, a tax on all taxable property within the county may be levied annually for not more than twelve (12) years and may not exceed eleven and sixty-seven hundredths cents ($0.1167) on each one hundred dollars ($100) of assessed valu…

Sec. 5. The county executive shall set a date for a hearing on the approval of the tax levy and the county auditor shall publish a notice at least ten (10) days before the date of the public hearing. The notice shall state the date, time, and place of the hearing and the proposed…

Sec. 6. If approved following the hearing, the county executive shall by resolution determine the amount of the tax levy and the time to be levied and shall certify the resolution to the county fiscal body for review. [Pre-1993 Recodification Citation: 16-12.1-4-4(e) part.] As ad…

Sec. 7. Upon review and approval by the county fiscal body, the county auditor shall file a copy of the resolution and the county fiscal body's action if any with the department of local government finance for approval. [Pre-1993 Recodification Citation: 16-12.1-4-4(e) part.] As …

Sec. 8. The department of local government finance shall publish notice of the submission one (1) time. At least twenty-five (25) taxpayers in the county who will be affected by the proposed tax levy may file a petition with the county auditor not later than ten (10) days after p…

Sec. 9. Upon the filing of a petition, the county auditor shall immediately certify the petition to the department of local government finance. [Pre-1993 Recodification Citation: 16-12.1-4-4(f) part.] As added by P.L.2-1993, SEC.5. Amended by P.L.90-2002, SEC.383.

Sec. 1. This chapter applies to a nonprofit hospital corporation that meets the following conditions: (1) Is established in or within one (1) mile of a city. (2) Is located within a county without a city or other public hospital. (3) Has insufficient revenues derived from the car…

Sec. 2. A nonprofit hospital corporation described in section 1 of this chapter must have articles of incorporation, a constitution, or bylaws that provide that: (1) the corporation's incorporators are the corporation's first board of trustees and the board: (A) is the corporatio…

Sec. 3. An individual is not prohibited from serving as a member of the governing board 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 interest or profit in w…

Sec. 4. 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 to the appointing authority. Each candidate submitted by the governing board must meet the requirements concerning gove…

Sec. 5. (a) 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 individ…

Sec. 6. A city may provide for the support and maintenance of a hospital subject to this chapter as follows: (1) Appropriate money to the hospital. (2) Levy and collect a special tax not exceeding two and thirty-three hundredths cents ($0.0233) on each one hundred dollars ($100) …

Sec. 7. The trustees of the townships of the county, with the consent of the township boards, may contract with the managers of the hospital for the nursing and care of the poor of the townships who are sick, injured, or disabled, upon terms that the township officers determine t…

Sec. 2. If a hospice program licensed or approved under IC 16-25-3 is also subject to state department licensure surveys or inspections under Medicare law, the state department shall use its best efforts to: (1) conduct all surveys or inspections simultaneously; (2) coordinate wi…

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2: (1) to implement the licensure requirements in this article; and (2) that require the state department to conduct a survey of a hospice program licensed or approved under IC 16-25-3 at least once every one (1) …

Sec. 3. (a) The state department may take any of the following actions against the owner or operator of a licensed or approved hospice program on any of the grounds listed in subsection (b): (1) Issue a letter of correction. (2) Issue a probationary license. (3) Conduct a resurve…

Sec. 4. (a) The state department shall investigate any hospice program about which the state department receives a complaint from a hospice program patient or a member of a hospice program patient's family. (b) The state department shall establish and maintain a statewide, toll f…

Sec. 5. (a) The state department shall investigate a report of an unlicensed hospice or unapproved hospice program and report the state department's findings to the attorney general. (b) The attorney general, upon receiving a report of an unlicensed hospice or unapproved hospice …

Sec. 6. A person aggrieved by an action of the state department under this article may appeal the action under IC 4-21.5-5. As added by P.L.256-1999, SEC.15.

Sec. 8. A person who knowingly or intentionally: (1) represents to the public that the person offers hospice services; or (2) owns or operates a hospice program; without a license issued or approval granted under this article commits a Class A misdemeanor. As added by P.L.256-199…

Sec. 1. The executive board shall adopt rules under IC 4-22-2 to classify each rule adopted by the executive board to govern a health facility under this article into one (1) of the following categories: (1) An offense, which presents a substantial probability that death or a lif…