IC 16-27-2
    Chapter 2. Criminal History of Home Health Care Operators andWorkers

IC 16-27-2-0.5
Expanded criminal history check defined
    Sec. 0.5. As used in this chapter, "expanded criminal historycheck" means a criminal history check of an individual, obtainedthrough a private agency, that includes the following:
        (1) A search of the records maintained by all counties in Indianain which the individual who is the subject of the backgroundcheck resided.
        (2) A search of the records maintained by all counties or similargovernmental units in another state, if the individual who is thesubject of the background check resided in another state.
As added by P.L.84-2010, SEC.2.

IC 16-27-2-1
Health care professional defined
    Sec. 1. As used in this chapter, "health care professional" meansany of the following:
        (1) A licensed physician or a physician assistant (as defined inIC 25-22.5-1-1.1).
        (2) A dentist licensed under IC 25-14.
        (3) A chiropractor licensed under IC 25-10-1.
        (4) A podiatrist licensed under IC 25-29.
        (5) An optometrist licensed under IC 25-24.
        (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 clinicalsocial worker licensed under IC 25-23.6.
        (12) A pharmacist licensed under IC 25-26-13.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.2;P.L.147-1997, SEC.2; P.L.90-2007, SEC.1; P.L.197-2007, SEC.7.

IC 16-27-2-1.5
Limited criminal history defined
    Sec. 1.5. As used in this chapter, "limited criminal history" meansthe limited criminal history from the Indiana central repository forcriminal history information under IC 10-13-3.
As added by P.L.177-2009, SEC.3.
IC 16-27-2-2
Home health agency defined
    Sec. 2. (a) As used in this chapter, "home health agency" meansa home health agency licensed under IC 16-27-1.
    (b) The term does not include an individual health careprofessional who provides professional service to a patient in thetemporary or permanent residence of the patient.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.3.

IC 16-27-2-2.1
National criminal history background check defined
    Sec. 2.1. As used in this chapter, "national criminal historybackground check" means the determination provided by the statepolice department under IC 10-13-3-39(i).
As added by P.L.197-2007, SEC.8. Amended by P.L.84-2010, SEC.3.

IC 16-27-2-2.2
Services defined
    Sec. 2.2. As used in this chapter, "services" includes:
        (1) home health services (as defined in IC 16-27-1-5);
        (2) any services such as homemaker, companion, sitter, orhandyman services provided by a home health agency in thetemporary or permanent residence of a patient or client of thehome health agency; and
        (3) personal services (as defined in IC 16-27-4-4).
As added by P.L.178-1993, SEC.4. Amended by P.L.212-2005,SEC.12; P.L.177-2009, SEC.4.

IC 16-27-2-3
Operation of home health agency or personal services agency;prohibition; criminal conviction
    Sec. 3. (a) A person may not operate a home health agency or apersonal services agency if the person has been convicted of any ofthe following:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Exploitation of an endangered adult (IC 35-46-1-12).
        (4) Failure to report battery, neglect, or exploitation of anendangered adult (IC 35-46-1-13).
        (5) Theft (IC 35-43-4), if the person's conviction for theftoccurred less than ten (10) years before the date of submissionby the person of an application for licensure as a home healthagency under IC 16-27-1 or as a personal services agency underIC 16-27-4.
    (b) A person who knowingly or intentionally violates this sectioncommits a Class A misdemeanor.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5;P.L.212-2005, SEC.13.

IC 16-27-2-4 Employees; criminal history
    Sec. 4. (a) A person who operates a home health agency underIC 16-27-1 or a personal services agency under IC 16-27-4 shallapply, not more than three (3) business days after the date that anemployee begins to provide services in a patient's temporary orpermanent residence, for a copy of the employee's limited criminalhistory, unless the person is required to obtain a national criminalhistory background check or an expanded criminal history checkunder subsection (b) or (c).
    (b) If a person who operates a home health agency underIC 16-27-1 or a personal services agency under IC 16-27-4determines an employee lived outside Indiana at any time during thetwo (2) years immediately before the date the individual was hiredby the home health agency or personal services agency, the homehealth agency or personal services agency shall apply, not more thanthree (3) business days after the date that an employee begins toprovide services in a patient's temporary or permanent residence, forthe employee's national criminal history background check orexpanded criminal history check.
    (c) If, more than three (3) days after an employee begins providingservices in a patient's temporary or permanent residence, a personwho operates a home health agency under IC 16-27-1 or a personalservices agency under IC 16-27-4 discovers the employee livedoutside Indiana during the two (2) years immediately before the datethe individual was hired, the agency shall apply, not more than three(3) business days after the date the agency learns the employee livedoutside Indiana, for the employee's national criminal historybackground check or expanded criminal history check.
    (d) A home health agency or personal services agency may notemploy a person to provide services in a patient's or client'stemporary or permanent residence for more than three (3) businessdays without applying for:
        (1) a national criminal history background check or anexpanded criminal history check as required under subsection(b) or (c); or
        (2) a limited criminal history as required by subsection (a).
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.6;P.L.146-1996, SEC.4; P.L.148-1997, SEC.1; P.L.2-2003, SEC.48;P.L.212-2005, SEC.14; P.L.197-2007, SEC.9; P.L.177-2009, SEC.5;P.L.84-2010, SEC.4.

IC 16-27-2-5
Employees; prohibition; criminal conviction
    Sec. 5. (a) Except as provided in subsection (b), a person whooperates a home health agency under IC 16-27-1 or a personalservices agency under IC 16-27-4 may not employ a person toprovide services in a patient's or client's temporary or permanentresidence if that person's limited criminal history, national criminalhistory background check, or expanded criminal history checkindicates that the person has been convicted of any of the following:        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Exploitation of an endangered adult (IC 35-46-1-12).
        (4) Failure to report battery, neglect, or exploitation of anendangered adult (IC 35-46-1-13).
        (5) Theft (IC 35-43-4), if the conviction for theft occurred lessthan ten (10) years before the person's employment applicationdate.
        (6) A felony that is substantially equivalent to a felony listed in:
            (A) subdivisions (1) through (4); or
            (B) subdivision (5), if the conviction for theft occurred lessthan ten (10) years before the person's employmentapplication date;
        for which the conviction was entered in another state.
    (b) A home health agency or personal services agency may notemploy a person to provide services in a patient's or client'stemporary or permanent residence for more than twenty-one (21)calendar days without receipt of that person's limited criminalhistory, national criminal history background check, or expandedcriminal history check, required by section 4 of this chapter, unlessthe state police department, the Federal Bureau of Investigationunder IC 10-13-3-39, or the private agency providing the expandedcriminal history check is responsible for failing to provide theperson's limited criminal history, national criminal historybackground check, or expanded criminal history check to the homehealth agency or personal services agency within the time requiredunder this subsection.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.7;P.L.148-1997, SEC.2; P.L.2-2003, SEC.49; P.L.212-2005, SEC.15;P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009,SEC.6; P.L.84-2010, SEC.5.

IC 16-27-2-6
Fees; responsibility for payment
    Sec. 6. (a) A person who operates a home health agency or apersonal services agency under IC 16-27-4 is responsible for thepayment of fees under IC 10-13-3-39 and other fees required undersection 4 of this chapter.
    (b) A home health agency or personal services agency may requirea person who applies to the home health agency or personal servicesagency for employment to provide services in a patient's or client'stemporary or permanent residence:
        (1) to pay the cost of fees described in subsection (a) to thehome health agency or personal services agency at the time theperson submits an application for employment; or
        (2) to reimburse the home health agency or personal servicesagency for the cost of fees described in subsection (a).
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.8;P.L.2-2003, SEC.50; P.L.212-2005, SEC.16; P.L.197-2007, SEC.11.
IC 16-27-2-7
Prohibited employment practices
    Sec. 7. A person who:
        (1) operates a home health agency or personal services agency;and
        (2) violates section 4 or 5 of this chapter;
commits a Class A infraction.
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005,SEC.17.

IC 16-27-2-8
Repealed
    (Repealed by P.L.290-2001, SEC.36.)

IC 16-27-2-9
Immunity from liability
    Sec. 9. A person (other than a person denied employment ordismissed under this chapter or against whom a finding is made forthe registry of nurse aides under 42 CFR 483.156) who in good faith:
        (1) denies employment to an individual or dismisses anindividual from employment under this chapter;
        (2) testifies or participates in an investigation or anadministrative or a judicial proceeding arising from:
            (A) this chapter; or
            (B) 42 CFR 483 regarding the registry of nurse aides; or
        (3) makes a report to the state department or the registry ofnurse aides;
is immune from both civil and criminal liability arising from thoseactions.
As added by P.L.110-1999, SEC.4.