CHAPTER 1. LICENSURE OF HOME HEALTH AGENCIES
IC 16-27-1
Chapter 1. Licensure of Home Health Agencies
IC 16-27-1-0.5
Repealed
(Repealed by P.L.212-2005, SEC.77.)
IC 16-27-1-1
Health care professional defined
Sec. 1. As used in this chapter, "health care professional" meansany of the following:
(1) A licensed physician.
(2) A licensed dentist.
(3) A licensed chiropractor.
(4) A licensed podiatrist.
(5) A licensed optometrist.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physicaltherapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensedunder IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (asdefined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapy assistant certified;
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a social workassistant.
(12) A pharmacist licensed under IC 25-26-13.
As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.1;P.L.147-1997, SEC.1; P.L.197-2007, SEC.6.
IC 16-27-1-2
Home health agency defined
Sec. 2. (a) As used in this chapter, "home health agency" meansa person that provides or offers to provide only a home health servicefor compensation.
(b) The term does not include the following:
(1) An individual health care professional who providesprofessional services to a patient in the temporary or permanentresidence of the patient.
(2) A local health department as described in IC 16-20 orIC 16-22-8.
(3) A person that:
(A) is approved by the division of disability andrehabilitative services to provide supported living servicesor supported living supports to individuals withdevelopmental disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and (C) serves only individuals with developmental disabilitieswho are in a placement authorized under IC 12-11-2.1-4.
As added by P.L.2-1993, SEC.10. Amended by P.L.37-2003, SEC.1;P.L.141-2006, SEC.80.
IC 16-27-1-3
Repealed
(Repealed by P.L.110-1999, SEC.6.)
IC 16-27-1-4
Home health aide services defined
Sec. 4. As used in this chapter, "home health aide services" meansonly home health services that may be performed by a home healthaide.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-5
Home health services defined
Sec. 5. (a) As used in this chapter, "home health services" meansservices that:
(1) are provided to a patient by:
(A) a home health agency; or
(B) another person under an arrangement with a home healthagency;
in the temporary or permanent residence of the patient; and
(2) either, are required by law to be:
(A) ordered by a licensed physician, a licensed dentist, alicensed chiropractor, a licensed podiatrist, or a licensedoptometrist for the service to be performed; or
(B) performed only by a health care professional.
(b) The term includes the following:
(1) Nursing treatment and procedures.
(2) Physical therapy.
(3) Occupational therapy.
(4) Speech therapy.
(5) Medical social services.
(6) Home health aide services.
(7) Other therapeutic services.
(c) The term does not apply to the following:
(1) Services provided by a physician licensed under IC 25-22.5.
(2) Incidental services provided by a licensed health facility topatients of the licensed health facility.
(3) Services provided by employers or membershiporganizations using health care professionals for theiremployees, members, and families of the employees ormembers if the health or home care services are not thepredominant purpose of the employer or a membershiporganization's business.
(4) Nonmedical nursing care given in accordance with thetenets and practice of a recognized church or religious
denomination to a patient who depends upon healing by prayerand spiritual means alone in accordance with the tenets andpractices of the patient's church or religious denomination.
(5) Services that are allowed to be performed by an attendantunder IC 16-27-1-10.
(6) Authorized services provided by a personal servicesattendant under IC 12-10-17.1.
As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.2;P.L.255-2001, SEC.14; P.L.212-2005, SEC.10; P.L.141-2006,SEC.81.
IC 16-27-1-6
Patient defined
Sec. 6. As used in this chapter, "patient" means an individual whohas been accepted for care by a home health agency.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-7
Rules
Sec. 7. The state department shall adopt rules under IC 4-22-2 todo the following:
(1) Protect the health, safety, and welfare of patients.
(2) Govern the qualifications of applicants for licenses.
(3) Govern the operating policies, supervision, and maintenanceof service records of home health agencies.
(4) Govern the procedure for issuing, renewing, denying, orrevoking an annual license to a home health agency, includingthe following:
(A) The form and content of the license.
(B) The collection of an annual license fee of not more thantwo hundred fifty dollars ($250) that the state departmentmay waive.
(5) Exempt persons who do not provide home health servicesunder this chapter.
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005,SEC.11.
IC 16-27-1-8
Licensing
Sec. 8. (a) To operate a home health agency, a person must firstobtain a license from the state health commissioner, unless theperson is exempted by a rule adopted by the state department.
(b) The state health commissioner may also permit persons whoare not required to be licensed under this chapter to be voluntarilylicensed if:
(1) the services provided by the person are substantially similarto those provided by licensed home health agencies under thischapter; and
(2) licensure will assist the person in obtaining:
(A) payment for services; or (B) certification.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-9
Operation of unlicensed home health agencies
Sec. 9. (a) The state department shall investigate a report of anunlicensed home health agency operation and report its findings tothe attorney general.
(b) The attorney general may do the following:
(1) Seek an injunction in the circuit or superior court of thecounty in which the unlicensed home health agency is located.
(2) Prosecute violations under section 15 of this chapter.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-10
Services not prohibited
Sec. 10. This chapter does not prohibit the provision of:
(1) homemaker services, including shopping, laundry, cleaning,and seasonal chores;
(2) companion type services, including transportation, letterwriting, mail reading, and escort services;
(3) assistance with cognitive tasks, including managingfinances, planning activities, and making decisions;
(4) attendant care services; or
(5) any other services for which an individual license,certification, registration, or permit is not required under statelaw.
As added by P.L.2-1993, SEC.10. Amended by P.L.256-1999,SEC.18; P.L.255-2001, SEC.15.
IC 16-27-1-11
Home health agency operated by licensed hospital or health facility
Sec. 11. For purposes of this chapter, a facility licensed underIC 16-21-2 or IC 16-28-2 that operates a home health agency issubject to the rules adopted under this chapter for the facility's homehealth agency. However, the facility may only be licensed underIC 16-21-2 or IC 16-28-2, respectively.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-12
Prohibited acts; penalties
Sec. 12. (a) The state health commissioner may take one (1) ormore of the following actions on any ground listed in subsection (b):
(1) Issue a letter of correction.
(2) Issue a probationary license.
(3) Conduct a resurvey.
(4) Deny renewal of a license.
(5) Revoke a license.
(6) Impose a civil penalty in an amount not to exceed tenthousand dollars ($10,000). (b) The state health commissioner may take action undersubsection (a) on any of the following grounds:
(1) Violation of any of the provisions of this chapter or rulesadopted under this chapter.
(2) Permitting, aiding, or abetting the commission of an illegalact in a home health agency.
(3) Conduct or practice found by the state department to bedetrimental to the welfare of the patients of the home healthcare agency.
(c) IC 4-21.5 applies to an action under this section.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-13
Review
Sec. 13. A licensee or an applicant for a license aggrieved by anaction under this chapter may request review under IC 4-21.5.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-14
Appeals panel
Sec. 14. (a) The executive board shall appoint an appeals panelconsisting of three (3) members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indianawho is not an employee of the state department.
(3) One (1) individual with qualifications determined by theexecutive board.
(b) An employee of the state department may not be a member ofthe panel.
(c) The panel shall conduct proceedings for review of an orderissued by an administrative law judge under this chapter. The panelis the ultimate authority under IC 4-21.5.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-15
Operation or advertisement of unlicensed home health agency;violation; classification
Sec. 15. A person who:
(1) operates a home health agency; or
(2) advertises the operation of a home health agency;
that is not licensed commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-16
Acceptance of written orders for home health services
Sec. 16. (a) A licensed home health agency may accept writtenorders for home health services from a physician, a dentist, achiropractor, a podiatrist, or an optometrist licensed in Indiana or anyother state. If the physician, dentist, chiropractor, podiatrist, oroptometrist is licensed in a state other than Indiana, the home health
agency shall take reasonable immediate steps to determine that:
(1) the order complies with the laws of the state where the orderoriginated; and
(2) the individual who issued the order examined the patientand is licensed to practice in that state.
(b) All orders issued by a physician, a dentist, a chiropractor, apodiatrist, or an optometrist for home health services:
(1) must meet the same requirements whether the orderoriginates in Indiana or another state; and
(2) from another state may not exceed the authority allowedunder orders from the same profession in Indiana under IC 25.
As added by P.L.146-1996, SEC.3.
IC 16-27-1-17
Third party billing notice
Sec. 17. A home health agency that provides to a patient noticeconcerning a third party billing for a home health service providedto the 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.6.