IC 16-27
    ARTICLE 27. HOME HEALTH AGENCIES

IC 16-27-0.5
    Chapter 0.5. Home Health Care Services and Hospice ServicesCouncil

IC 16-27-0.5-0.5
"Governing body"
    Sec. 0.5. As used in this chapter, "governing body" means theboard of trustees, governing board, board of directors, or other bodyresponsible for governing a home health agency or a hospice.
As added by P.L.152-2005, SEC.2.

IC 16-27-0.5-1
Establishment; appointments; terms of office; membershiplimitation
    Sec. 1. (a) The home health care services and hospice servicescouncil is established.
    (b) The council consists of sixteen (16) members as follows:
        (1) One (1) licensed physician experienced in home health care.
        (2) One (1) licensed physician with certification in hospice andpalliative medicine.
        (3) Four (4) individuals as follows:
            (A) One (1) individual engaged in the administration of anonhospital based home health agency.
            (B) One (1) individual engaged in the administration of ahospital based home health agency.
            (C) One (1) individual engaged in the administration of:
                (i) a nonhospital based hospice; or
                (ii) a hospice licensed under IC 16-25-3 that providesin-patient care.
            (D) One (1) individual engaged in the administration of ahospital based hospice.
        (4) One (1) registered nurse who is licensed under IC 25-23 andexperienced in home health care.
        (5) One (1) registered nurse who is licensed under IC 25-23with certification in hospice and palliative medicine.
        (6) One (1):
            (A) physical therapist licensed under IC 25-27;
            (B) occupational therapist licensed under IC 25-23.5; or
            (C) speech-language pathologist licensed under IC 25-35.6;
        experienced in home health care.
        (7) One (1) citizen having knowledge of or experience inhospice care.
        (8) One (1) citizen having knowledge of or experience in homehealth agency care.
        (9) One (1) registered pharmacist who is licensed underIC 25-26 with experience in hospice and palliative medicine.
        (10) One (1) respiratory care practitioner who is licensed under

IC 25-34.5 and experienced in home care.
        (11) One (1) individual who is a bereavement counselor withexperience in hospice care.
        (12) The commissioner or the commissioner's designee.
        (13) The secretary of family and social services or thesecretary's designee.
    (c) The governor shall appoint the members of the councildesignated by subsection (b)(1) through (b)(11).
    (d) Except for the members of the council designated bysubsection (b)(12) through (b)(13), all appointments are for four (4)years. If a vacancy occurs, the appointee serves for the remainder ofthe unexpired term. A vacancy shall be filled from the same groupthat was represented by the outgoing member.
    (e) Except for the members of the council designated bysubsection (b)(3), a member of the council may not:
        (1) have an ownership interest in the operation of; or
        (2) serve as a voting member on the governing body of;
a home health agency licensed under this article or a hospice licensedunder IC 16-25.
As added by P.L.12-2004, SEC.5. Amended by P.L.152-2005, SEC.3;P.L.197-2007, SEC.5.

IC 16-27-0.5-2
Expenses; per diem; traveling expenses
    Sec. 2. (a) The state department shall pay the expenses of thecouncil.
    (b) A member of the council who is not a state employee isentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). A member is entitled to reimbursement fortraveling expenses as provided under IC 4-13-1-4 and other expensesactually incurred in connection with the member's duties, as providedin the state policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
    (c) Each member of the council who is a state employee is entitledto reimbursement for traveling expenses as provided underIC 4-13-1-4 and other expenses actually incurred in connection withthe member's duties as provided in the state policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-3
Appointment of chair and vice chair
    Sec. 3. The governor shall appoint one (1) council member toserve as chair and one (1) council member to serve as vice chair.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-4
Secretary
    Sec. 4. The director serves as secretary to the council.As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-5
Meetings
    Sec. 5. (a) The council shall meet at least four (4) times a year.
    (b) Special meetings of the council shall be called by the chairupon the written request of four (4) members of the council.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-6
Quorum; procedures
    Sec. 6. (a) Nine (9) members of the council constitute a quorumfor the transaction of all business of the council. The affirmativevotes of a majority of the voting members appointed to the councilare required for the council to take action on any measure.
    (b) The council shall establish procedures to govern the council'sdeliberations.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-7
Duties
    Sec. 7. Subject to the rulemaking authority granted in IC 16-25and IC 16-27, the council shall do the following:
        (1) Propose the adoption of rules by the state department underIC 4-22-2 governing the following:
            (A) Health and sanitation standards necessary to protect thehealth, safety, security, rights, and welfare of home healthcare patients and hospice patients.
            (B) Qualifications of applicants for licenses issued underIC 16-25 and IC 16-27.
        (2) Recommend to other state agencies or governing bodiesrules necessary to protect the health, safety, security, rights, andwelfare of home health care patients and hospice patients.
        (3) Act as an advisory body for the division, state healthcommissioner, and state department.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-8
Recommend interpretive guidelines
    Sec. 8. The council may recommend interpretive guidelines whennecessary to assist a home health agency or hospice in meeting therequirements of a rule.
As added by P.L.12-2004, SEC.5.

IC 16-27-0.5-9
Request by department; consideration by executive board;adoption of rules
    Sec. 9. (a) The state department may request the council topropose a new rule or an amendment to a rule necessary to protectthe health, safety, rights, and welfare of the home health care patients

and hospice patients. If the council does not propose a rule withinninety (90) days after the state department's request, the statedepartment may propose the rule.
    (b) The executive board shall consider rules proposed by thecouncil under this section and section 7 of this chapter. Theexecutive board may adopt, modify, remand, or reject specific rulesor parts of rules proposed by the council.
    (c) To become effective, all rules proposed by the council underthis chapter must be adopted by the executive board in accordancewith IC 4-22-2.
As added by P.L.12-2004, SEC.5.