Title 16, TITLE 16. HEALTH

Sec. 24. On receipt of the certified petition and information, the department of local government finance shall fix a time and place in the county for a hearing of the matter, which shall be not less than five (5) or more than fifteen (15) days after receipt of the certified peti…

Sec. 25. An action to contest the validity of the lease or to enjoin the performance of the terms and conditions of the lease may not be instituted later than thirty (30) days after publication of notice of the execution of the lease or, if an appeal is taken to the department of…

Sec. 26. (a) A lease may provide the lessee with an option to renew the lease, with approval of the board of directors of the city hospital, for a like or lesser term. The lease must contain an option for the city hospital to purchase at any time after ten (10) years from the exe…

Sec. 27. The county fiscal body may issue general obligation bonds to procure funds to purchase the building. The bonds shall be authorized, issued, and sold in accordance with the laws authorizing the issuance and sale of bonds for other county purposes. [Pre-1993 Recodification…

Sec. 28. Before executing a lease, the governing board of the hospital shall approve the plans, specifications, and estimates of cost for the building, including equipment and appurtenances, that the authority proposes to lease to a lessee. The plans and specifications shall be s…

option to purchase; price Sec. 29. (a) The city hospital, city, or county desiring to erect buildings on land owned or acquired by the city hospital, city, or county may lease land to the authority for a nominal rental for the same period, including renewal periods, that the less…

Sec. 3. As used in this chapter, "net operating revenue" means the revenues of the hospital, exclusive of any property tax levy remaining after provision for reasonable expenses of operation, repair, replacements, and maintenance of the hospital. [Pre-1993 Recodification Citation…

Sec. 30. (a) The city hospital, city, or county desiring to have buildings erected on land owned or acquired by the city hospital, city, or county may sell the land to the authority. Before the sale may take place, the legislative body of the city, the governing board of the hosp…

Sec. 31. (a) The governing board may issue revenue bonds of the authority to procure funds for buildings to be built or acquired under this chapter and to repay advances for preliminary expenses. The bonds are payable from the income and revenues of the buildings financed from th…

Sec. 32. The bonds are negotiable instruments under IC 26-1, and legal investments for private trust funds and the funds of any banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust…

Sec. 33. The bonds shall be executed by signature or facsimile signature of the president of the governing board. The corporate seal of the authority or a facsimile shall be affixed and attested by the secretary. The interest coupons attached to the bonds shall be executed by fac…

Sec. 34. The bonds shall be sold by the board at public sale in the manner described under IC 5-1-11-3(c). However, the bonds may not be sold for less than the bonds' par value. Notice of sale shall be published in the manner required for bonds of a county. Any premium received f…

Sec. 35. The proceeds from bonds issued under this chapter, after reimbursement for preliminary expenses as provided in section 14 of this chapter and payment for land, shall be applied to the payment of the costs of the buildings on account of which the bonds are issued, includi…

Sec. 36. (a) The governing board may secure the bonds by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank in Indiana having trust powers. (b) The trust indenture may do the following: (1) Mortgage all or par…

Sec. 37. (a) The county fiscal body shall annually levy a tax sufficient to produce funds that, with other funds available, are sufficient to pay the lease rental provided to be paid from taxes. (b) If the lease rental is payable from taxes, net revenues of the hospital of which …

Sec. 38. (a) A city hospital that enters into a lease under this chapter under which the lease rental is payable solely from the net revenues of the hospital that contains the leased building shall covenant in the lease to establish and maintain rates, fees, and charges sufficien…

Sec. 39. The following are exempt from state taxation except the financial institutions tax: (1) All property owned by the authority. (2) All revenues of the authority. (3) All bonds or other securities issued by the authority and the interest on the bonds or other securities, th…

Sec. 4. As used in this chapter, "recording officer" when used in reference to a county means the county auditor and when used in reference to a city means the city clerk or clerk-treasurer. [Pre-1993 Recodification Citation: 16-12-20.5-1(a)(7).] As added by P.L.2-1993, SEC.5.…

Sec. 40. The state board of accounts may supervise and audit the funds of the authority. Any officer or employee of the authority authorized to receive or disburse funds or negotiable securities of the authority shall execute a bond of a surety or guaranty corporation qualified t…

Sec. 41. An authority may be liquidated after redemption of the authority's securities, payment of the authority's debts, and termination of the authority's leases if the governing board files a report with the circuit court, superior court, or probate court showing the facts and…

Sec. 42. (a) The governing board of the hospital may remodel or construct an addition to a hospital building leased by the hospital under this chapter. (b) To provide funds for that purpose, the county may issue general obligation aid bonds or the city hospital or city may approp…

Sec. 43. A city hospital, city, or county and an authority may enter into a party wall agreement or other agreements concerning the attaching of an addition to a hospital building. The agreements shall be recorded in the office of the recorder of the county in which the hospital …

Sec. 5. (a) In a county where a city hospital is operated under IC 16-23-1, the county executive may, upon written request of the governing board of the city hospital, adopt a resolution for the creation of an authority under this chapter. (b) The adoption of a resolution creates…

Sec. 6. (a) Not more than thirty (30) days after the adoption of the resolution, the county executive shall appoint five (5) residents of the county as the governing board of the hospital building authority. Written notice shall be sent to each appointee. (b) The initial terms ar…

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…