Title 16, TITLE 16. HEALTH

Sec. 7. If a member dies, resigns, ceases to be a resident of the county, or is removed, the county executive shall appoint another person as director for the remainder of the term. If a person appointed as a member fails to qualify not more than ten (10) days after the mailing o…

Sec. 9. (a) A member of the governing board may be removed from office for neglect of duty, incompetency, inability to perform duties, or other good cause by an order of the circuit court, superior court, or probate court in the county in which the authority is located, subject t…

Sec. 1. This chapter applies to a nonprofit hospital corporation: (1) in a city having a population of: (A) more than one hundred ten thousand (110,000) and less than one hundred fifty thousand (150,000); or (B) more than one hundred thousand (100,000) and less than one hundred t…

Sec. 2. A city may do the following: (1) Appropriate money to the hospital for support and maintenance. (2) Aid in the support of the hospital by the levy and collection of a special tax, not exceeding one cent ($0.01) on each one hundred dollars ($100) valuation of taxable prope…

Sec. 3. If at least two (2) hospitals qualify under this chapter, all appropriations must be made to the hospitals in equal amounts. [Pre-1993 Recodification Citation: 16-12.2-6-3 part.] As added by P.L.2-1993, SEC.6.

Sec. 1. Each hospice program licensed or approved under this article shall prepare and update as necessary a disclosure document to be presented to each potential patient of the hospice program. As added by P.L.256-1999, SEC.17.

Sec. 2. The disclosure document required under section 1 of this chapter must contain at least the following: (1) A description of all hospice services provided by the hospice program, including the: (A) types of nursing services; (B) other services; (C) specific services availab…

Sec. 3. The hospice program must: (1) include in the plan of care the professional disciplines that will furnish the care to the patient and the frequency of visits proposed to be furnished; and (2) advise the hospice program patient of any change in the plan of care. As added by…

Sec. 1. The director may issue an order under IC 4-21.5 to place a monitor in a health facility if: (1) the health facility is operating without a license; (2) the existing license of a health facility has been revoked or not renewed; (3) the: (A) director has initiated revocatio…

Sec. 2. An order issued under section 1 of this chapter may be appealed under IC 4-21.5. [Pre-1993 Recodification Citation: 16-10-4-19(b).] As added by P.L.2-1993, SEC.11.

Sec. 3. A monitor who is not a state employee and who is placed in a health facility under this chapter: (1) must be licensed under IC 25-19-1; (2) shall serve as a consultant to the administrator concerning the operation of the health facility; and (3) shall submit a written rep…

Sec. 4. (a) A health facility shall pay the costs of placing a monitor who is not a state employee in the health facility under this chapter unless it is determined by a final order under IC 4-21.5 that the placement of the monitor was not needed. The state shall reimburse the co…

employees Sec. 4.3. The costs of placing a monitor in a health facility under this chapter shall be paid by the state if the monitor is a state employee. A state employee who is placed in a health facility as a monitor: (1) is not required to be licensed under IC 25-19-1; (2) doe…

Sec. 5. Except as required by sections 3 and 4.3 of this chapter, the monitor shall observe the strict confidentiality of the operating policies, procedures, employment practices, financial information, and all similar business information of the health facility. An individual wh…

Sec. 1. (a) This chapter does not apply to the following: (1) A replacement comprehensive care health facility located in the same county as the original comprehensive care health facility, if the replacement comprehensive care health facility meets the following: (A) The replace…

comprehensive care beds; prohibition on Medicaid certification; prohibition on construction of comprehensive care health facilities Sec. 10. Except as allowed in this chapter and under IC 16-28-2.5 until its expiration: (1) comprehensive care beds may not be added; (2) comprehens…

applications Sec. 11. (a) The commissioner or the commissioner's designee shall develop and review applications for certificate of need. (b) The commissioner or the commissioner's designee shall accept for review only the following applications for certificate of need, if an appl…

rate and county comprehensive care bed need; publication; application requirements; criteria; sufficient information Sec. 12. (a) Before July 1, 2019, and before July 1 of each year thereafter, the commissioner or the commissioner's designee shall complete the following: (1) Dete…

applications; public comments; issuance of application decision; emergency rules Sec. 13. (a) The state department shall establish a review period for certificate of need applications beginning July 1, 2019, and every July 1 thereafter, and lasting until the following June 30. (b…

preference; approval; emergency rules Sec. 14. (a) The commissioner or the commissioner's designee shall perform a comparative review on a certificate of need application if: (1) at least two (2) applications are submitted during the same review period; (2) the applications propo…

modification Sec. 15. A certificate of need that is approved under this chapter is valid for eighteen (18) months after approval is final. The certificate of need becomes void after eighteen (18) months unless: (1) construction plans for the project are approved by the state depa…

house health facility; failure to complete construction Sec. 16. (a) The commissioner or the commissioner's designee may not approve licensure or Medicaid certification of more than one hundred (100) new comprehensive care beds per year that are designated for small house health …

assignable Sec. 17. A certificate of need that is granted under this chapter: (1) is valid only for the defined number of comprehensive care beds or construction as set forth in the approved certificate of need application; and (2) is not transferable or assignable. As added by P…

Sec. 19. (a) The state department shall adopt rules under IC 4-22-2 to implement this chapter, including establishing a reasonable fee for filing an application under this chapter. (b) A rule adopted under this chapter may not be waived. (c) Fees imposed for a certificate of need…

Sec. 2. (a) As used in this chapter, "comprehensive care bed" means a bed in a comprehensive care health facility that: (1) is licensed or is to be licensed under IC 16-28-2; or (2) functions as a bed licensed under IC 16-28-2. (b) The term does not include comprehensive care bed…

Sec. 3. As used in this chapter, "comprehensive care health facility" means a health facility that provides: (1) nursing care; (2) room; (3) food; (4) laundry; (5) administration of medications; (6) special diets; and (7) treatments; and that may provide rehabilitative and restor…

comprehensive care health facilities" Sec. 4. (a) As used in this chapter, "total comprehensive care bed days available at comprehensive care health facilities" refers to the sum of: (1) all licensed comprehensive care beds at comprehensive care health facilities in the state tha…

Sec. 5. As used in this chapter, "total statewide inpatient days" means the sum of: (1) the inpatient days for all payor sources for all comprehensive care health facilities that filed a Medicaid cost report; plus (2) the inpatient days for all payor sources for all comprehensive…

of need program Sec. 6. The comprehensive care health facility certificate of need program is established for the purpose of permitting movement between counties of existing comprehensive care beds based upon demographic need. The state department shall implement and administer t…

rate and total county comprehensive care bed supply; projected statewide population and those over 65 years old; publication of projections Sec. 7. (a) The commissioner or the commissioner's designee shall calculate the total statewide comprehensive care bed supply rate and the t…

consultation Sec. 8. (a) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate as follows: STEP ONE: Divide: (A) the total statewide inpatient days; by (B) the total comprehensive care bed days available at comprehensive care h…

consultation Sec. 9. (a) The commissioner or the commissioner's designee shall calculate the county comprehensive care bed need as follows: STEP ONE: Divide the projected county population that is at least sixty-five (65) years of age as determined under section 7(b) of this chap…

Sec. 1. The emergency medical services education fund is established. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 2. The commission shall administer the fund. Money from the fund may be used to fund inservice training programs promoted by the commission. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 3. Expenditures from the fund must be approved by the budget agency. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 4. The fund consists of income derived as follows: (1) Generated by the state emergency medical services conference authorized under IC 16-31-2-7(a)(1)(F). (2) Generated by education programs conducted by the commission. (3) From civil penalties imposed by the commission. [P…

[Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14. Repealed by P.L.65-1998, SEC.3.

Sec. 6. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. [1993 Recodification Citation: New.] As added by P.L.2-1993, SEC.14.

Sec. 7. Money in the fund at the end of a state fiscal year does not revert to the state general fund. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 1. The state department may receive funds from any source and expend the funds for the administration of this chapter. As added by P.L.225-2007, SEC.1.

Sec. 2. The state department shall adopt rules under IC 4-22-2 requiring hospitals and physicians to identify suspicious deaths of children who are less than eighteen (18) years of age. As added by P.L.225-2007, SEC.1.

pathologists Sec. 3. (a) The medical licensing board may adopt rules under IC 4-22-2 to certify a child death pathologist and to require special training to conduct autopsies on child fatalities. (b) A child death pathologist must be a physician: (1) who is certified by the Ameri…

Sec. 1. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with: (1) a declarant's advance directive; or (2) any provision of this chapter; does not constitute a suicide. (b) This chapter does not authorize euthanasia or any affir…

Sec. 10. As used in this chapter, "health care decision" means the following: (1) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life prolonging procedures and mental health treatment, unless otherwise stated in the advance di…

Sec. 11. As used in this chapter, "health care facility" includes the following: (1) An ambulatory outpatient surgical center licensed under IC 16-21-2. (2) A health facility licensed under IC 16-28-2 or IC 16-28-3. (3) A home health agency licensed under IC 16-27-1. (4) A hospic…

Sec. 12. As used in this chapter, "health care provider" means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. As added by P.L.50-2021, SEC.63.

Sec. 13. As used in this chapter, "health care representative" means a competent adult designated by a declarant in an advance directive to: (1) make health care decisions; and (2) receive health information; regarding the declarant. The term includes a person who receives and ho…

Sec. 14. As used in this chapter, "health information" has the meaning set forth in 45 CFR 160.103. As added by P.L.50-2021, SEC.63. IC 16-36-7-15 "Incapacity"; "incapacitated" Sec. 15. As used in this chapter, "incapacity" and "incapacitated" mean that an individual is unable to…

Sec. 16. As used in this chapter, "informed consent" means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medic…

Sec. 17. As used in this chapter, "notarial officer" means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in IC 33-42-0.5-18). The term includes a notary public. As added by P.L.50-2021, SEC.63.