IC 16-21-9
    Chapter 9. Provision of Charitable Care by Nonprofit Hospitals

IC 16-21-9-1
"Community benefits" defined
    Sec. 1. As used in this chapter, "community benefits" means theunreimbursed cost to a hospital of providing charity care,government sponsored indigent health care, donations, education,government sponsored program services, research, and subsidizedhealth services. The term does not include the cost to the hospital ofpaying any taxes or other governmental assessments.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-2
"Government sponsored indigent health care" defined
    Sec. 2. As used in this chapter, "government sponsored indigenthealth care" means the unreimbursed cost to a hospital of Medicare,providing health care services to recipients of Medicaid, and otherfederal, state, or local indigent health care programs, eligibility forwhich is based on financial need.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-3
"Nonprofit hospital" defined
    Sec. 3. As used in this chapter, "nonprofit hospital" means ahospital that is organized as a nonprofit corporation or a charitabletrust under Indiana law or the laws of any other state or country andthat is:
        (1) eligible for tax exempt bond financing; or
        (2) exempt from state or local taxes.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-4
Organizational mission statement; community benefits plan
    Sec. 4. A nonprofit hospital shall develop:
        (1) an organizational mission statement that identifies thehospital's commitment to serving the health care needs of thecommunity; and
        (2) a community benefits plan defined as an operational plan forserving the community's health care needs that:
            (A) sets out goals and objectives for providing communitybenefits that include charity care and government sponsoredindigent health care; and
            (B) identifies the populations and communities served by thehospital.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-5
Health care needs of community
    Sec. 5. When developing the community benefits plan, the

hospital shall consider the health care needs of the community asdetermined by communitywide needs assessments.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-6
Elements of community benefits plan
    Sec. 6. The hospital shall include at least the following elementsin the community benefits plan:
        (1) Mechanisms to evaluate the plan's effectiveness, includinga method for soliciting the views of the communities served bythe hospital.
        (2) Measurable objectives to be achieved within a specifiedtime frame.
        (3) A budget for the plan.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-7
Annual report for community benefits plan
    Sec. 7. (a) Each nonprofit hospital shall prepare an annual reportof the community benefits plan. The report must include, in additionto the community benefits plan itself, the following backgroundinformation:
        (1) The hospital's mission statement.
        (2) A disclosure of the health care needs of the community thatwere considered in developing the hospital's communitybenefits plan.
        (3) A disclosure of the amount and types of community benefitsactually provided, including charity care. Charity care must bereported as a separate item from other community benefits.
    (b) Each nonprofit hospital shall annually file a report of thecommunity benefits plan with the state department. The report mustbe filed not later than one hundred twenty (120) days after the closeof the hospital's fiscal year.
    (c) Each nonprofit hospital shall prepare a statement that notifiesthe public that the annual report of the community benefits plan is:
        (1) public information;
        (2) filed with the state department; and
        (3) available to the public on request from the state department.
This statement shall be posted in prominent places throughout thehospital, including the emergency room waiting area and theadmissions office waiting area. The statement shall also be printedin the hospital patient guide or other material that provides thepatient with information about the admissions criteria of the hospital.
    (d) Each nonprofit hospital shall develop a written notice aboutany charity care program operated by the hospital and how to applyfor charity care. The notice must be in appropriate languages ifpossible. The notice must also be conspicuously posted in thefollowing areas:
        (1) The general waiting area.
        (2) The waiting area for emergency services.        (3) The business office.
        (4) Any other area that the hospital considers an appropriatearea in which to provide notice of a charity care program.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-8
Failure to file annual report
    Sec. 8. The state department may assess a civil penalty against anonprofit hospital that fails to make a report of the communitybenefits plan as required under this chapter. The penalty may notexceed one thousand dollars ($1,000) for each day a report isdelinquent after the date on which the report is due. No penalty maybe assessed against a hospital under this section until thirty (30)business days have elapsed after written notification to the hospitalof its failure to file a report.
As added by P.L.94-1994, SEC.17.

IC 16-21-9-9
Other rights and remedies retained
    Sec. 9. The rights and remedies provided for in this chapter are inaddition to other statutory or common law rights or remediesavailable to the state or a nonprofit hospital.
As added by P.L.94-1994, SEC.17.