Title 16, HEALTH

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. 9. The state department may adopt rules under IC 4-22-2 necessary to protect the health, safety, rights, and welfare of the home health care patients and hospice patients. As added by P.L.12-2004, SEC.5. Amended by P.L.156-2011, SEC.20; P.L.197-2011, SEC.63; P.L.6-2012, SEC.…

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…

Sec. 10. If: (1) a breach is not corrected within the time fixed by the order of correction or is not corrected within the time fixed by the plan of correction; and (2) an extension has not been granted under section 9 of this chapter; the commissioner may find a new breach that …

Sec. 2. On a determination by the commissioner that a breach of this article or a rule adopted under this article has occurred, the director shall issue a citation under IC 4-21.5-3-6 to the administrator of the health facility in which the breach occurred. The citation must stat…

Sec. 3. A person aggrieved by a citation issued under this chapter may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final. [Pre-1993 Recodification Citation: 16-10-…

Sec. 4. (a) The commissioner shall impose the following remedies for breaches of this article or a rule adopted under this article: (1) For an offense, the remedies specified in subsection (b)(1) through (b)(2). The commissioner may also impose the remedy specified in subsection …

Sec. 5. (a) In determining appropriate remedies or waivers under section 4 of this chapter, the commissioner shall consider the following: (1) Whether the breach occurred for reasons outside of the health facility's control. (2) Whether the health facility has demonstrated that t…

Sec. 6. An order for immediate correction under section 4(b)(1) of this chapter shall state a specific date by which the correction shall be made. The date shall be set by the commissioner according to the circumstances of the breach but may not exceed five (5) days from the time…

Sec. 7. (a) A plan of correction submitted to the commissioner for approval and acceptance shall contain a fixed time within which the correction must be made. (b) When accepting or directing a corrective period, the commissioner shall consider the following: (1) A reasonable amo…

Sec. 8. (a) A plan of correction may be: (1) accepted; (2) modified upon agreement between the commissioner and the health facility; or (3) rejected by the commissioner. (b) If a plan of correction is rejected, the commissioner: (1) shall send notice of the rejection and the reas…

Sec. 9. (a) A directed plan of correction imposed on a health facility by the commissioner may also be modified upon agreement between the commissioner and the health facility. (b) A petition for modification of an approved plan of correction must be filed with the commissioner b…

Sec. 1. This article does not authorize or require any form of compulsory medical treatment or physical or mental examination of any person who: (1) is a resident, a guest, a patient, an employee, a registrant, or an enrollee of an exempt institution specified in IC 16-18-2-167(c…

Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this article commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 1. The governing body of a city, town, township, or county by the governing body's action or in any combination may do the following: (1) Establish, operate, and maintain emergency medical services. (2) Levy taxes under and limited by IC 6-3.6 and expend appropriated funds o…

Sec. 2. A city, town, or county may not adopt an ordinance that restricts a person from providing ambulance services in the city, town, township, or county if: (1) the person is authorized to provide ambulance services in any part of another county; and (2) the person has been re…

Sec. 1. As used in this chapter, "covered entity" means any of the following: (1) A licensed health care provider. (2) A hospital licensed under IC 16-21-2. (3) An ambulatory outpatient surgical center. (4) A hospice program licensed under IC 16-25-3. (5) A residential care facil…

Sec. 2. As used in this chapter, "qualified recipient" means a recipient who has a disability and meets the eligibility requirements for receipt of an anatomical gift regardless of the use of the following: (1) Individuals or entities available to support and assist the recipient…

Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient: (1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift. (2) Deny medical or other services related to transplantati…