Title 16, HEALTH

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facility if: (1) the health facility is operating without a license; (2) the existing license of a health facility has been revoked or not renewed; (3) the: (A) director has initiated revocatio…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…

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) does not serv…

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…

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) comprehensive care beds may not be transferred; (3) certification of a comprehensive care bed to participate in the state Medicaid program may…

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 application is at…

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) Determine the state comprehensive care bed need rate as set forth in section 8 of this chapter. (2) For each county, dete…

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) The state department shall accept certificate of need applications until July 3…

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 propose to transfer comprehensive care beds…

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 department and th…

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 facilities. (b) The commissioner or the commissioner's d…

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.L.202-2018…

Sec. 18. A decision by the commissioner or the commissioner's designee under this chapter is subject to review under IC 4-21.5. As added by P.L.202-2018, SEC.8.

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…

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 that filed a Medicaid cost report; plus (…

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…

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 the program. As a…

Sec. 7. (a) The commissioner or the commissioner's designee shall calculate the total statewide comprehensive care bed supply rate and the total county comprehensive care bed supply by determining the number of licensed comprehensive care beds aggregated statewide by county. (b) …

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 health facilit…

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 chapter by one th…

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…

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.

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 American Board of …

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 or other person 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…

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.

Sec. 15. As used in this chapter, "incapacity" and "incapacitated" mean that an individual is unable to comprehend and weigh relevant information and to make and communicate a reasoned health care decision. For the purposes of making an anatomical gift, the terms include an indiv…