Title 16, HEALTH

Sec. 15. (a) This section applies to a county having a population of any of the following: (1) More than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000). (2) More than one hundred thirty thousand (130,000) and less than one hundred t…

Sec. 16. (a) The governing board shall appoint a business manager for a tuberculosis hospital located in the following counties: (1) A county having a consolidated city. (2) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundre…

Sec. 17. A business manager has the following powers and duties: (1) To do the following: (A) Keep proper and accurate daily accounts and records of the business and operations of the hospital in books and records provided for that purpose. (B) Present the accounts and records to…

Sec. 18. The superintendent is the chief executive officer of the hospital and subject to the bylaws and rules of the hospital and to the powers of the board of managers. The superintendent has the following powers and responsibilities: (1) To do the following: (A) Equip the hosp…

Sec. 19. The county treasurer is custodian of hospital money collected by the treasurer or deposited with the treasurer by the superintendent and shall disburse the money only upon warrant issued by the county auditor. The hospital money shall be known as the county tuberculosis …

Sec. 2. The county executive of a county may establish a county hospital for the care and treatment of persons with tuberculosis. When the county executive votes to establish a hospital, the county executive may do the following: (1) Purchase or lease real property or acquire the…

Sec. 20. (a) Any resident of the county in which the hospital is located who desires treatment in the hospital may apply in person to the superintendent or to a physician for examination. If the physician finds that the person has tuberculosis in any form, the physician may apply…

Sec. 21. (a) Whenever a patient is admitted to the hospital from the county in which the hospital is located, the superintendent shall inquire: (1) as to the patient's circumstances; and (2) of the relatives of the patient legally liable for the patient's support. (b) If the pati…

Sec. 22. (a) If a county does not have a county tuberculosis hospital, the county executive may, by contract, arrange for the care and treatment of the county's citizens in a tuberculosis hospital in another county. The contract must state the minimum number of patients to be sen…

Sec. 23. (a) Whenever a superintendent receives an application for the admission of a patient with tuberculosis from the county executive of any other county, the superintendent shall notify the person to appear at the hospital if there is: (1) a vacancy; and (2) no pending appli…

Sec. 24. (a) This section applies as follows: (1) Whenever the county executive of a county secures a site for a county tuberculosis hospital. (2) When a citizen offers to donate United States bonds or other marketable bonds or securities readily convertible into money to the cou…

Sec. 25. (a) The resident officer of the hospital shall do the following: (1) Admit the managers and the county executive or representatives of the managers and the county executive into every part of the hospital. (2) Give the managers and the county executive access on demand t…

Sec. 26. (a) Two (2) or more counties may agree to establish and maintain a tuberculosis hospital. (b) The county executives of counties proposing to cooperate may enter into an agreement to establish the hospital and shall apportion the cost among the counties cooperating accord…

Sec. 27. IC 5-4-1, IC 5-4-5, IC 5-22, IC 36-1-10, IC 36-1-11, and IC 36-1-12 do not apply to this article unless this article specifies that the statute applies. [Pre-1993 Recodification Citation: 16-11-1-4(a) part.] As added by P.L.2-1993, SEC.7. Amended by P.L.49-1997, SEC.50.…

Sec. 3. The board annually shall make an estimate for and recommend to the county fiscal body a tax rate and levy to provide funds for the operation and maintenance of the hospital. The county fiscal body shall adopt a budget and fix a levy and tax rate that, when added to estima…

Sec. 4. (a) The county executive of a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) may use the county's tuberculosis hospitals to treat patients with tuberculosis and for other purposes necessary to qu…

Sec. 5. (a) When the county executive establishes a hospital for the care and treatment of persons with tuberculosis, the county executive shall appoint a governing board of the hospital. The board consists of four (4) members who are residents of the county, and at least two (2)…

Sec. 6. Failure of a member of the governing board to attend three (3) consecutive meetings of the board creates a vacancy in the member's office unless the absence is excused by formal action by the governing board. [Pre-1993 Recodification Citation: 16-11-1-3(b).] As added by P…

Sec. 7. The members of the governing board are not entitled to compensation for their services and are allowed their actual and necessary traveling and other expenses to be audited and paid in the same manner as the other expenses at the hospital by the county executive. [Pre-199…

Sec. 8. A member of the governing board may be removed from office by the county executive for cause after the manager is given an opportunity to be heard. [Pre-1993 Recodification Citation: 16-11-1-3(d).] As added by P.L.2-1993, SEC.7.

Sec. 9. (a) This section applies to a county having a population of: (1) more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000); or (2) more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). (b) The b…

Sec. 1. (a) A maternity home operator may register a maternity home with the state department. (b) A maternity home operator that applies for a grant under IC 16-26-2 or a tax credit under IC 6-3.1-14 must be registered with the state department. [Pre-1993 Recodification Citation…

Sec. 2. The state department shall adopt rules under IC 4-22-2 to register maternity homes. [Pre-1993 Recodification Citation: 16-2.5-2-2.] As added by P.L.2-1993, SEC.9.

Sec. 3. (a) This section does not apply to the following: (1) A proceeding involving the registration of a maternity home. (2) A court proceeding. (3) A tax audit. (b) The state department may not disclose, in a manner that identifies an individual pregnant woman, information rec…

Sec. 4. A maternity home operator that seeks to claim a tax credit under IC 6-3.1-14 for operating a maternity home that is registered under this chapter shall file with the state department a form provided by the state department certifying the following information: (1) The tax…

Sec. 1. As used in this chapter, "health care professional" means any of the following: (1) A licensed physician. (2) A licensed dentist. (3) A licensed chiropractor. (4) A licensed podiatrist. (5) A licensed optometrist. (6) A nurse licensed under IC 25-23-1. (7) A physical ther…

Sec. 10. This chapter does not prohibit the provision of: (1) homemaker services, including shopping, laundry, cleaning, and seasonal chores; (2) companion type services, including transportation, letter writing, mail reading, and escort services; (3) assistance with cognitive ta…

Sec. 11. For purposes of this chapter, a facility licensed under IC 16-21-2 or IC 16-28-2 that operates a home health agency is subject to the rules adopted under this chapter for the facility's home health agency. However, the facility may only be licensed under IC 16-21-2 or IC…

Sec. 12. (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 letter of correction. (2) Issue a probationary license. (3) Conduct a resurvey. (4) Deny renewal of a license. (5) Revoke a license. (6…

Sec. 13. A licensee or an applicant for a license aggrieved by an action under this chapter may request review under IC 4-21.5. [Pre-1993 Recodification Citation: 16-10-2.2-15.] As added by P.L.2-1993, SEC.10.

Sec. 15. A person who: (1) operates a home health agency; or (2) advertises the operation of a home health agency; that is not licensed commits a Class A misdemeanor. [Pre-1993 Recodification Citation: 16-10-2.2-17.] As added by P.L.2-1993, SEC.10.

Sec. 16. (a) A licensed home health agency may accept written orders for home health services from a physician, an advanced practice registered nurse, a physician assistant, a dentist, a chiropractor, a podiatrist, or an optometrist licensed in Indiana or any other state. If the …

Sec. 17. A home health agency that provides to a patient notice concerning a third party billing for a home health service provided to the patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear-off portion; and (3…

Sec. 18. (a) A home health agency may provide services in any county in Indiana. (b) The state department may adopt rules under IC 4-22-2 to provide appropriate oversight and supervision of the services a home health agency provides in noncontiguous counties. As added by P.L.117-…

Sec. 19. A home health agency is not required to conduct a preemployment physical on a job applicant before the individual has contact with a home health agency patient. As added by P.L.117-2023, SEC.4.

Sec. 2. (a) As used in this chapter, "home health agency" means a person that provides or offers to provide: (1) nursing services; or (2) nursing services and at least one (1) home health service; for compensation. (b) The term does not include the following: (1) An individual he…

Sec. 20. Notwithstanding any other law or administrative rule, a home health agency may satisfy the requirements of supervising home health aide services by complying with 42 CFR 484.80(h) et seq. As added by P.L.117-2023, SEC.5.

Sec. 4. As used in this chapter, "home health aide services" means only home health services that may be performed by a home health aide. [Pre-1993 Recodification Citation: 16-10-2.2-3.] As added by P.L.2-1993, SEC.10.

Sec. 5. (a) As used in this chapter, "home health services" means services that: (1) are provided to a patient by: (A) a home health agency; or (B) another person under an arrangement with a home health agency; in the temporary or permanent residence of the patient; and (2) eithe…

Sec. 6. As used in this chapter, "patient" means an individual who has been accepted for care by a home health agency. [Pre-1993 Recodification Citation: 16-10-2.2-6.] As added by P.L.2-1993, SEC.10.

Sec. 7. The state department shall adopt rules under IC 4-22-2 to do the following: (1) Protect the health, safety, and welfare of patients. (2) Govern the qualifications of applicants for licenses. (3) Govern the operating policies, supervision, and maintenance of service record…

Sec. 7.1. The state department's authority under this chapter includes the ability to collect information from individuals who provide home health aide services, as specified under IC 25-1-2-10. As added by P.L.148-2023, SEC.2.

Sec. 7.5. The state health commissioner may waive a rule adopted under this chapter if the state health commissioner determines that the person requesting the waiver has: (1) shown good cause; and (2) affirmatively demonstrated that the requested waiver of a rule will not adverse…

Sec. 8. (a) To operate a home health agency, a person must first obtain a license from the state health commissioner, unless the person is exempted by a rule adopted by the state department. (b) The state health commissioner may also permit persons who are not required to be lice…

Sec. 9. (a) The state department shall investigate a report of an unlicensed home health 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 which…

Sec. 10. (a) The state health commissioner may, for good cause shown, waive for a specified time any rule that may be waived under the following for a health facility: (1) This article. (2) IC 16-29. (3) IC 16-30. (b) The granting of a waiver may not adversely affect the health, …