CHAPTER 3. LICENSURE OF HOSPICES
IC 16-25-3
Chapter 3. Licensure of Hospices
IC 16-25-3-1
License required for facilities
Sec. 1. (a) For purposes of this chapter, a:
(1) hospital licensed under IC 16-21-2;
(2) health facility licensed under IC 16-28-2; or
(3) home health agency licensed under IC 16-27-1;
that operates a hospice program in Indiana must be approved by thestate department under this chapter but is not required to have ahospice license.
(b) A person not described in subsection (a) who provides hospiceservices in Indiana must be licensed by the state department underthis chapter.
As added by P.L.256-1999, SEC.13. Amended by P.L.58-2000,SEC.5.
IC 16-25-3-2
Licensee permitted to provide hospice services
Sec. 2. A license issued or approval granted under this chapterauthorizes the owner or operator of a hospice program to providehospice services.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-2.5
Administration; home health care services and hospice servicescouncil
Sec. 2.5. The state department shall administer this chapter withthe advice of the home health care services and hospice servicescouncil established by IC 16-27-0.5-1.
As added by P.L.12-2004, SEC.4.
IC 16-25-3-3
Application
Sec. 3. (a) An applicant shall submit an application for a hospicelicense or for approval of a hospice program on a form prescribed bythe state department.
(b) The applicant shall attach to the application evidence of theapplicant's ability to comply with the minimum standards establishedfor licensure under this article.
(c) The application must contain the following information:
(1) The applicant's name.
(2) The type of hospice program the applicant will own oroperate.
(3) The location of the hospice program owned or operated bythe applicant.
(4) The name of the individual or individuals responsible for theday to day operation of the hospice program owned or operatedby the applicant.As added by P.L.256-1999, SEC.13.
IC 16-25-3-4
Requirements
Sec. 4. To obtain a license or approval under this chapter, thehospice program owned or operated by the applicant must:
(1) meet the minimum standards for certification under theMedicare program (42 U.S.C. 1395 et seq.) and comply with theregulations for hospices under 42 CFR 418.1 et seq.; or
(2) be certified by the Medicare program.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-5
Provisional license
Sec. 5. The state department:
(1) may issue a provisional license or approval to an applicantthat is operating a hospice program before September 1, 1999,if the hospice program is certified by:
(A) the Medicare program; or
(B) the state under IC 16-25-1 (before its repeal); and
(2) may not issue a license or grant approval to an applicant thatis not operating a hospice program before September 1, 1999,unless the state department:
(A) surveys the hospice program; and
(B) finds that the hospice program complies with section6(a) of this chapter.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-6
Initial survey of program; issuance or nonissuance of license
Sec. 6. (a) If, after conducting an initial survey of a hospiceprogram, the state department finds that the hospice program ownedor operated by the applicant complies with this article, the statedepartment shall:
(1) approve the application; and
(2) issue a hospice license or grant approval to the applicant.
(b) If, after conducting an initial survey of a hospice program, thestate department finds that the hospice program owned or operatedby the applicant does not comply with this article, the statedepartment shall:
(1) deny the application; and
(2) notify the applicant in writing of the denial and the specificreasons for denying the application.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-7
Expiration of license
Sec. 7. (a) A license issued or approval granted under this chapterexpires one (1) year after the date of issuance.
(b) A hospice program may renew its license or approval under
procedures approved by the state department.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-8
Employees of hospice
Sec. 8. An employee of a hospice licensed or approved under thischapter who:
(1) provides hospice services only as an employee of thehospice; and
(2) does not receive compensation for providing the services,other than wages from the hospice;
is not required to obtain a hospice license or approval under thischapter.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-9
License required for persons providing services
Sec. 9. A person may not:
(1) provide hospice services; or
(2) represent to the public that the person provides hospiceservices;
unless the person holds a license issued or approval granted by thestate department under this chapter.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-10
Unlicensed persons not permitted to use "hospice" to describeservices
Sec. 10. A person that is not licensed or approved to own oroperate a hospice program under this chapter may not use:
(1) the word "hospice" in a title or description of a facility, anorganization, a program, a service provider, or a service; or
(2) any words, letters, abbreviations, or insignia indicating orimplying that the person holds a license or has approval toprovide hospice services.
As added by P.L.256-1999, SEC.13.
IC 16-25-3-11
Third party billing notice
Sec. 11. A hospice that provides to a hospice program patientnotice concerning a third party billing for a hospice service providedto the hospice program 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) is not accompanied by a return mailing envelope.
As added by P.L.178-2003, SEC.5.