CHAPTER 1. HEALTH FACILITIES COUNCIL
IC 16-28
ARTICLE 28. HEALTH FACILITIES
IC 16-28-1
Chapter 1. Health Facilities Council
IC 16-28-1-1
Members; appointment; conflicts of interest
Sec. 1. (a) The Indiana health facilities council is created. Thecouncil consists of fourteen (14) members as follows:
(1) One (1) licensed physician.
(2) Two (2) administrators, licensed under IC 25-19-1, of aproprietary health facility licensed under this article.
(3) One (1) administrator, licensed under IC 25-19-1, of anonproprietary health facility licensed under this article.
(4) One (1) registered nurse licensed under IC 25-23.
(5) One (1) registered pharmacist licensed under IC 25-26.
(6) Two (2) citizens having knowledge or experience in thefield of gerontology.
(7) One (1) representative of a statewide senior citizensorganization.
(8) One (1) citizen having knowledge or experience in the fieldof mental health.
(9) One (1) nurse-educator of a practical nurse program.
(10) The commissioner.
(11) The director of the division of family resources or thedirector's designee.
(12) The director of the division of aging or the director'sdesignee.
(b) The members of the council designated by subsection (a)(1)through (a)(9) shall be appointed by the governor.
(c) Except for the members of the council designated bysubsection (a)(10) through (a)(12), all appointments are for four (4)years. If a vacancy occurs, the appointee serves for the remainder ofthe unexpired term. A vacancy is filled from the same group that wasrepresented by the outgoing member.
(d) Except for the members of the council designated bysubsection (a)(2) through (a)(3), a member of the council may nothave a pecuniary interest in the operation of or provide professionalservices through employment or under contract to a facility licensedunder this article.
As added by P.L.2-1993, SEC.11. Amended by P.L.4-1993, SEC.230;P.L.5-1993, SEC.243; P.L.141-2006, SEC.84; P.L.145-2006,SEC.134; P.L.1-2007, SEC.133.
IC 16-28-1-2
Chairman and vice chairman
Sec. 2. Each year the council shall elect from among councilmembers a chairman and vice chairman.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-3
Secretary
Sec. 3. The director serves as secretary to the council.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-4
Meetings; special meetings
Sec. 4. (a) The council shall meet at least six (6) times a year.
(b) Special meetings of the council shall be called by the secretaryupon the written request of four (4) members of the council.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.2.
IC 16-28-1-5
Quorum; deliberation procedures
Sec. 5. (a) Eight (8) members of the council constitute a quorumfor the transaction of all business of the council.
(b) The council shall establish procedures to govern the council'sdeliberations.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-6
Information to be furnished by director
Sec. 6. The director shall furnish to the council at each meetinginformation concerning the status of the following:
(1) Licenses and waivers issued or contested under thefollowing:
(A) IC 16-28-2.
(B) IC 16-28-3.
(C) IC 16-29.
(D) IC 16-30.
(2) Monitors placed under IC 16-28-7.
(3) Receiverships imposed under IC 16-28-8.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-7
Adoption and recommendation of rules; classification of facilities;encouragement of program development; action as advisory body
Sec. 7. The council shall do the following:
(1) Propose the adoption of rules by the department underIC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect thehealth, safety, security, rights, and welfare of patients.
(B) Qualifications of applicants for licenses issued underthis article to assure the proper care of patients.
(C) Operation, maintenance, management, equipment, andconstruction of facilities required to be licensed under thisarticle if jurisdiction is not vested in any other state agency.
(D) Manner, form, and content of the license, including rulesgoverning disclosure of ownership interests.
(E) Levels of medical staffing and medical services in
cooperation with the office of Medicaid policy and planning,division of family resources, and other agencies authorizedto pay for the services.
(2) Recommend to the fire prevention and building safetycommission fire safety rules necessary to protect the health,safety, security, rights, and welfare of patients.
(3) Classify health facilities in health care categories.
(4) Encourage the development of social and habilitativeprograms in health facilities, as recommended by thecommunity residential facilities council.
(5) Act as an advisory body for the division, commissioner, andstate department.
(6) Adopt rules under IC 4-22-2.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.3;P.L.145-2006, SEC.135.
IC 16-28-1-8
Issuance of interpretive guidelines; approval of administrative lawjudges; requesting appointments of receivers; reference ofcomplaints
Sec. 8. The council may do the following:
(1) Issue interpretive guidelines when necessary to assist ahealth facility in meeting the requirements of a rule. Aninterpretive guideline is not a rule for the purposes of thischapter or IC 4-22-2 and may not be used to contravene a rule.
(2) Approve a list of administrative law judges to conducthearings under IC 16-28-10-1.
(3) Request the attorney general to seek the appointment of areceiver for a health facility as authorized under IC 16-28-8.
(4) Refer complaints received about licensed personnel at healthfacilities to the appropriate licensing board as described inIC 16-28-4.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-9
Waiver of rules by council
Sec. 9. The council may not waive a rule adopted under thischapter.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-10
Waiver of rules by executive board
Sec. 10. (a) Except as specifically provided, the executive boardmay, upon recommendation by the commissioner and for good causeshown, waive for a specified time any rule that may be waived underthe following for a health facility:
(1) This article.
(2) IC 16-29.
(3) IC 16-30.
(b) Disapproval of a waiver request requires executive board
action. However, the granting of a waiver may not adversely affectthe health, safety, and welfare of the patients or residents.
As added by P.L.2-1993, SEC.11.
IC 16-28-1-11
Qualified medication aides; certification
Sec. 11. (a) Unless an individual is certified under this section:
(1) the individual may not practice as a qualified medicationaide; and
(2) a facility may not employ the individual as a qualifiedmedication aide.
(b) The council shall do the following:
(1) Establish a program for the certification of qualifiedmedication aides who work in facilities licensed under thisarticle.
(2) Prescribe education and training programs for qualifiedmedication aides, including course and inservice requirements.The training program must include a competency test that theindividual must pass before being granted an initialcertification.
(3) Determine the standards concerning the functions that maybe performed by a qualified medication aide.
(4) Establish annual certification fees for qualified medicationaides.
(5) Adopt rules under IC 4-22-2 necessary to implement andenforce this section.
(c) The department shall maintain a registry of each individualwho is certified as a qualified medication aide.
(d) The department may conduct hearings for violations of thissection under IC 4-21.5.
As added by P.L.2-1993, SEC.11. Amended by P.L.24-2002, SEC.1.
IC 16-28-1-12
Proposal and adoption of rules
Sec. 12. (a) The department may request the council to propose anew rule or an amendment to a rule necessary to protect the health,safety, rights, and welfare of patients. If the council does not proposea rule not more than ninety (90) days after the department's request,the department may propose its own rule.
(b) The executive board shall consider rules proposed by thecouncil under this section and section 1 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 adopted under this chapter mustbe adopted by the executive board in accordance with IC 4-22-2. Therules adopted under this chapter are the only rules governing thelicensing and operation of health facilities.
As added by P.L.2-1993, SEC.11. Amended by P.L.179-1993, SEC.4.
IC 16-28-1-13 Licensure inspections; reports
Sec. 13. (a) Licensure inspections of health facilities shall bemade regularly in accordance with rules adopted under this chapter.The division shall make all health and sanitation inspections. Thedivision of fire and building safety shall make all fire safetyinspections. The council or the director may provide for otherinspections necessary to carry out this chapter.
(b) The exact date of an inspection of a health facility under thischapter may not be announced or communicated directly orindirectly to the owner, administrator, or an employee of the facilitybefore the inspection. An employee of the state department whoknowingly or intentionally informs a health facility of the exact dateof an inspection shall be suspended without pay for five (5) days fora first offense and shall be dismissed for a subsequent offense.
(c) Reports of all inspections must be:
(1) in writing; and
(2) sent to the health facility.
(d) The report of an inspection and records relating to theinspection may not be released to the public until the conditions setforth in IC 16-19-3-25 are satisfied.
As added by P.L.2-1993, SEC.11. Amended by P.L.190-1995, SEC.5;P.L.1-2006, SEC.299.
IC 16-28-1-14
Provision of licensure inspection report copies and summaries;maintenance and inspection of reports
Sec. 14. (a) The division shall provide, on the request of anyperson and payment of a fee to cover the direct and indirect costs ofcomplying with the request:
(1) a copy of a report of an inspection from the public file of ahealth facility;
(2) a brief descriptive summary of the annual survey report ofa health facility; or
(3) both.
(b) Reports of all inspections under this chapter shall bemaintained by each health facility for two (2) years and shall bemade available for inspection by any member of the public uponrequest.
As added by P.L.2-1993, SEC.11.