CHAPTER 2. LICENSURE OF HEALTH FACILITIES
IC 16-28-2
Chapter 2. Licensure of Health Facilities
IC 16-28-2-1
License required; licensing of state institutions and municipalcorporations
Sec. 1. A person must obtain a license from the director before theperson may operate a health facility. A state institution or municipalcorporation may specifically request licensure and upon compliancewith this chapter may be licensed under this chapter.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-2
Applications
Sec. 2. To obtain a license, an applicant must submit anapplication on the prescribed form showing that the applicant is ofreputable and responsible character and able to comply with thestandards for health facilities established by this chapter and rulesadopted under this chapter.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-3
Requirements for licensure
Sec. 3. Before the director may issue a license to a health facility,the director must find that the health facility, within the care categoryfor which license is sought, is adequate in each of the followingrespects:
(1) The physical structure in which the service is to beperformed.
(2) The educational level, number, and personal health of thestaff.
(3) The financial ability to provide the service to be performed.
(4) The equipment with which to perform the service.
(5) The operating history of other health facilities owned ormanaged by the same person who owns or manages the facility.The director may recommend denial of licensure to a newfacility or facility applying for licensure under new ownershipwhere the owner or manager has a record of operation of otherhealth facilities in substantial breach of this chapter or any otherlaw governing health facilities.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-4
Issuance of licenses; types; denial, revocation, and refusal to renewlicenses
Sec. 4. The director may under IC 4-21.5-3-5 do one (1) of thefollowing:
(1) Issue a full license for not more than one (1) year, on findingthat the applicant complies with the provisions of this articleand rules adopted under this article. (2) Issue a provisional license to a new facility or to a facilityunder new ownership for not more than twelve (12) consecutivemonths if the applicant can assure the director that the applicantwill comply with this article and rules adopted under thisarticle. A provisional license may not be continued beyondtwelve (12) consecutive months.
(3) Issue a probationary license to an existing facility asdescribed in IC 16-28-3.
(4) Deny, revoke, or refuse to renew the issuance of a license.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-5
Exclusive use of licenses
Sec. 5. A license issued under this chapter is not assignable ortransferable and may be issued only for the person and premisesnamed in the application.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-6
Disclosure statements; affiliations; advertising
Sec. 6. (a) This section does not apply to a health facility that:
(1) does not require the investment of money or the payment ofmoney or other consideration for admission; and
(2) only charges daily or monthly rates for room, board, andcare.
(b) A health facility may be licensed or relicensed under thischapter only if a disclosure statement is filed with the director at thetime of application on forms provided by the director that containsthe following information:
(1) Whether the health facility is affiliated with a religious,charitable, or other nonprofit organization.
(2) The nature and extent of the affiliation, if any, including theextent to which the affiliated organization is responsible for thefinancial and contractual obligations of the health facility.
(c) The health facility shall deliver a copy of the currentdisclosure statement on file with the director as provided bysubsection (b) to each prospective resident.
(d) If a health facility is affiliated with a religious, charitable, orother nonprofit organization, the health facility must include in thehealth facility's advertisements and solicitations a summary statementdisclosing the following:
(1) The affiliation between the health facility and the religious,charitable, or other nonprofit organization.
(2) The extent to which the affiliated organization is responsiblefor the financial and contractual obligations of the healthfacility.
(e) If a health facility is not affiliated with a religious, charitable,or other nonprofit organization but the name of the health facility orthe person operating the health facility implies an affiliation, thehealth facility must include in all the health facility's advertisements
and solicitations a summary statement disclosing the following:
(1) That the health facility is not affiliated with a religious,charitable, or other nonprofit organization.
(2) That no religious, charitable, or other nonprofit organizationis responsible for the financial or contractual obligations of thehealth facility.
(f) Whenever there is a change in the affiliation of the healthfacility with a religious, charitable, or other nonprofit organization,including a change in the extent, if any, to which the affiliatedorganization is responsible for the financial and contractualobligations of the health facility, the health facility shall amend:
(1) the health facility's disclosure statement on file with thedirector as required by subsection (b); and
(2) the summary statement included in the health facility'sadvertisements and solicitations as required by subsections (d)and (e);
if an amendment is necessary to prevent the statement fromcontaining any misstatement of fact or omission to state a materialfact required to be stated.
As added by P.L.2-1993, SEC.11.
IC 16-28-2-7
License fees
Sec. 7. The fee for a license as a health facility under this chapteris two hundred dollars ($200) for the first fifty (50) beds availableand ten dollars ($10) for each additional bed available.
As added by P.L.2-1993, SEC.11. Amended by P.L.227-2003, SEC.1.
IC 16-28-2-8
Notice regarding requests for names of nursing personnel or directcare staff
Sec. 8. (a) Each comprehensive care health facility shall post anotice that a resident, the legal representative of the resident, oranother individual designated by the resident may request from thelicensed nurse in charge of each shift information that designates thenames of all nursing personnel on duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the health facility;
where the resident resides.
(b) The notice required under subsection (a) must meet thefollowing conditions:
(1) Be posted in a conspicuous place that is readily accessibleto residents and the public.
(2) Be at least 24 point font size on a poster that is at leasteleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the administrator of thehealth facility; and
(B) toll free telephone number for filing complaints with the
state department.
(4) State that if a resident, the legal representative of theresident, or another individual designated by the resident isunable to obtain the information described in subsection (a)from the licensed nurse in charge of each shift, the resident, thelegal representative of the resident, or another individualdesignated by the resident may do any of the following:
(A) Contact the administrator of the health facility.
(B) File a complaint with the state department by using thestate department's toll free telephone number.
(c) The state department may adopt rules under IC 4-22-2 to carryout this section.
As added by P.L.108-2000, SEC.5.
IC 16-28-2-9
Semiannual statistical reports
Sec. 9. (a) The office of Medicaid policy and planning shallproduce a statistical report semi-annually for each Medicaid certifiedcomprehensive care health facility that lists the followinginformation:
(1) The health facility's case mix index for each quarter coveredby the statistical report for which the office of Medicaid policyand planning maintains data.
(2) The number of total hours worked in the health facility byeach classification of personnel for which the office ofMedicaid policy and planning maintains data.
(3) The resident census of the health facility for which theoffice of Medicaid policy and planning maintains data.
(4) A calculation of the average case-mix-adjustedhours-per-resident-day ratio for each health facility by eachclassification of nursing personnel and the averagehours-per-resident-day ratio for each health facility for all otherpersonnel by category for which the office of Medicaid policyand planning maintains data.
(b) The office of Medicaid policy and planning shall provide acompilation of the statistical reports prepared under subsection (a) tothe following:
(1) Each Medicaid certified comprehensive care health facility.
(2) The state department.
(3) The state ombudsman.
(4) Each area ombudsman.
(5) Each area agency on aging.
(c) Each Medicaid certified comprehensive care health facilityshall:
(1) make available in a place that is readily accessible toresidents and the public a copy of the compilation of statisticalreports prepared under subsection (a); and
(2) post a notice that a copy of the compilation of statisticalreports may be requested from the licensed nurse in charge ofeach shift. (d) The notice required under subsection (c)(2) must meet thefollowing conditions:
(1) Be posted in a conspicuous place that is readily accessibleto residents and the public.
(2) Be at least 24 point font size on a poster that is at leasteleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the administrator of thehealth facility; and
(B) toll free telephone number for filing complaints with thestate department.
(4) State that if a resident, the legal representative of theresident, or another individual designated by the resident isunable to obtain the compilation of statistical reports insubsection (a) from the licensed nurse in charge of each shift,the resident, the legal representative of the resident, or anotherindividual designated by the resident may do any of thefollowing:
(A) Contact the administrator of the health facility.
(B) File a complaint with the state department by using thestate department's toll free telephone number.
(e) The state department may adopt rules under IC 4-22-2 to carryout this section.
As added by P.L.108-2000, SEC.6.
IC 16-28-2-10
Third party billing notice
Sec. 10. A health facility that provides to a patient noticeconcerning a third party billing for a service provided to the patientshall 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.7.