IC 12-15-34
    Chapter 34. Home Health Care Services; Office of MedicaidPolicy and Planning

IC 12-15-34-1
"Home health agency" defined
    Sec. 1. As used in this chapter, "home health agency" means apublic or private organization, whether owned or operated by one (1)or more persons, that furnishes or offers to furnish home healthservices.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-2
"Home health services" defined
    Sec. 2. (a) As used in this chapter, "home health services" meansany of the following items or services furnished to an individual bya home health agency or by others under arrangements with a homehealth agency on a visiting basis, and except as provided insubsection (b), in a place of temporary or permanent residence usedas the individual's home:
        (1) Part-time or intermittent nursing care provided by or underthe supervision of a registered professional nurse.
        (2) Physical, occupational, or speech therapy or othertherapeutic services.
        (3) Medical social services.
        (4) Home health aid services.
        (5) Medical supplies other than drugs and biologicals.
        (6) The use of medical appliances.
        (7) Homemaking services provided by the home health agencyto help the individual stay in the individual's own home.
    (b) The term includes items and services of a kind described insubsection (a)(1) through (a)(6) that:
        (1) are provided on an outpatient basis under arrangementsmade by a home health agency at a hospital, health facility, orrehabilitation center; and
        (2) either:
            (A) involve the use of equipment of a nature that cannotreadily be made available to the individual in the individual'shome; or
            (B) that are furnished at the hospital, health facility, orrehabilitation center while the individual is there to receiveitems or services.
    (c) The term does not include transportation of the individual inconnection with receiving items or services described in subsection(b)(1) and (b)(2).
As added by P.L.2-1992, SEC.9. Amended by P.L.2-1995, SEC.49.

IC 12-15-34-3
Items and services furnished either by home health agency or byothers under arrangements with home health agency; exception    Sec. 3. Home health services includes items and servicesfurnished to an individual by either of the following:
        (1) A home health agency.
        (2) Others under arrangements with a home health agency on avisiting basis and, except for section 4(5) of this chapter, in aplace of temporary or permanent residence used as theindividual's home.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-4
Items and services included under IC 12-15-34-2 definition of homehealth services
    Sec. 4. The items and services under section 2 of this chapterinclude the following:
        (1) Part-time or intermittent nursing care provided by or underthe supervision of a registered professional nurse.
        (2) Physical, occupational, or speech therapy or othertherapeutic services.
        (3) Medical social services and home health aid services.
        (4) Medical supplies other than drugs and biologicals and theuse of medical appliances.
        (5) Any of the items and services under subdivisions (1), (2),(3), and (4) that:
            (A) are provided on an outpatient basis under arrangementsmade by a home health agency at a hospital, health carefacility, or rehabilitation center; and
            (B) involves the use of equipment of a nature that the itemsand services cannot readily be made available to theindividual in the individual's home or that are furnished atthe facility while the individual is there to receive any itemor service, but not including transportation of the individualin connection with the item or service.
        (6) Homemaking services provided by the agency to help theindividual's stay in the individual's own home.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-5
Office and secretary; actions, directions, and rules; providing ofservices and ensuring uniform equitable treatment of applicantsand recipients
    Sec. 5. The office and the secretary shall:
        (1) take action;
        (2) give directions; and
        (3) adopt rules under IC 4-22-2;
necessary to carry out this chapter and the federal Social SecurityAct concerning the providing of services and to ensure uniformequitable treatment of all applicants for and recipients of Medicaidsupportive services in the recipients' own homes.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-6
Contracts for services; authorization
    Sec. 6. The office may contract with any of the following topurchase the necessary services to implement this chapter:
        (1) A state, public, or private agency.
        (2) A business firm.
        (3) A corporation.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-7
Contracts; maximum term
    Sec. 7. A contract made with the following may be for a term notto exceed three (3) years:
        (1) A public or private agency.
        (2) A business firm.
        (3) A foundation.
        (4) A corporation.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-8
Preparation of qualifications and specifications for bidders
    Sec. 8. The office shall assist the Indiana department ofadministration in the preparation of qualifications and specificationsfor bidders contracting with the state to administer the fiscalprovisions of or to provide services under this chapter.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-9
Subcontracts; authorization; term
    Sec. 9. A contractor with the state under this chapter maysubcontract a part of the contractor's prime contract. However, asubcontract may not extend beyond the term of the prime contract.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-10
Subcontracts; approval
    Sec. 10. A subcontract let by a prime contractor must be approvedby the office and the Indiana department of administration.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-11
Subcontracts; information furnished to office
    Sec. 11. The contractor or the subcontractor shall furnish thefollowing information to the office:
        (1) The amount of the subcontract.
        (2) The qualifications of the subcontractor for guaranteeingperformance.
        (3) Other data required by the state.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-12
Contract or subcontract; availability to legislative council
    Sec. 12. Upon request, a contract or subcontract shall be madeavailable to the legislative council or the council's representative forinspection and examination.
As added by P.L.2-1992, SEC.9.

IC 12-15-34-13
Plan for purchase of services under IC 4-23-17-9.3
    Sec. 13. The office shall include in the division's state plan for thepurchase of services under IC 4-23-17-9.3 (repealed) acomprehensive program for the provision of home health services toan individual who is eligible for Medicaid.
As added by P.L.2-1992, SEC.9. Amended by P.L.1-2009, SEC.103.

IC 12-15-34-14
Utilization review procedures
    Sec. 14. The office shall develop adequate utilization reviewprocedures for home health agencies to conform to federalguidelines.
As added by P.L.2-1992, SEC.9.