CHAPTER 2. SPECIALIZED SERVICES

IC 16-29-2
    Chapter 2. Specialized Services

IC 16-29-2-1
"Comprehensive care bed" defined
    Sec. 1. As used in this chapter, "comprehensive care bed" meansa comprehensive care bed that is used solely for a patient who hasbeen diagnosed as having one (1) of the following conditions:
        (1) Medically stable twelve (12) to twenty-four (24) hours eachday and ventilator dependent.
        (2) Medically stable brain and high spinal cord traumatized orhas a major progressive neuromuscular disease.
        (3) Infected by the human immunodeficiency virus (HIV).
As added by P.L.2-1993, SEC.12.

IC 16-29-2-2
Application for specialized services comprehensive care beds
    Sec. 2. An applicant may file an application with the statedepartment for the addition or conversion of beds to comprehensivecare beds to be used solely for providing specialized services topatients who have a diagnosis described in section 1 of this chapter.
As added by P.L.2-1993, SEC.12.

IC 16-29-2-3
Review of applications for beds to be certified for participation instate or federal reimbursement program
    Sec. 3. The state department shall review all applications for acertificate of need for comprehensive care beds under this chapterthat are to be certified for participation in a state or federalreimbursement program, including programs under Title XVIII orTitle XIX of the Social Security Act (42 U.S.C. 1395 et seq. or 42U.S.C. 1396 et seq.).
As added by P.L.2-1993, SEC.12.

IC 16-29-2-4
Findings and recommendations
    Sec. 4. (a) The state department shall make a finding based oninformation prepared by the state department in accordance withIC 16-30 and any other relevant information about the need for thecomprehensive care beds under this chapter or the certification ofcomprehensive care beds as requested in the application.
    (b) The state department shall recommend and approve acertificate of need for additional comprehensive care beds or thecertification of comprehensive care beds only after finding that thecertification or addition of comprehensive care beds in the county isnecessary and that the applicant for a certificate of need hasillustrated or documented the applicant's experience or capacity toprovide quality, effective, and efficient care that includes adescription of any past or current adverse licensure action againstany facility owned, operated, or managed by the applicant.As added by P.L.2-1993, SEC.12.

IC 16-29-2-5
Review and approval requirement under certain circumstances
    Sec. 5. (a) Comprehensive care beds may not be constructed oradded and beds may not be converted to comprehensive care bedswithout the review and approval required in this chapter.
    (b) Comprehensive care beds that are not certified forparticipation in a state or federal reimbursement program, includingprograms under Title XVIII or Title XIX of the federal SocialSecurity Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.), shallnot be certified without the review and approval required in thischapter.
    (c) The review and approval required in this chapter is a conditionto the licensure of the facility.
As added by P.L.2-1993, SEC.12.

IC 16-29-2-6
Certificate of need voidable; conditions
    Sec. 6. A certificate of need for a project to construct, add, orconvert beds that receives final approval of the state departmentunder this chapter or IC 16-10-4 (before its repeal) becomes voideighteen (18) months after the determination becomes final unlessthe following conditions are met:
        (1) Construction plans for the project are approved by the statedepartment and the department of fire and building safety.
        (2) The applicant has completed construction of the project'sfoundation in conformity with the approved plans as certifiedby an independent architect licensed under IC 25-4 or anindependent professional engineer licensed under IC 25-31.
        (3) Construction work on the project is continuous and inconformity with the approved plans.
As added by P.L.2-1993, SEC.12. Amended by P.L.1-1993, SEC.170.

IC 16-29-2-7
Ownership interest in certificates of need; transfer or alienation
    Sec. 7. The individual, partnership, corporation, or other legalentity to whom a certificate of need has been granted after the reviewand approval required by this chapter is the owner of the certificateof need until the individual or legal entity transfers or alienates thatownership interest in the certificate. Unless the certificate of needexpires or is voided, the issued certificate of need is the personalproperty of the owner and is freely transferable or alienable, exceptthat the certificate of need may not be used outside of the countywith respect to which the certificate was issued.
As added by P.L.2-1993, SEC.12.

IC 16-29-2-8
Rules; fees
    Sec. 8. (a) The state department shall adopt rules under IC 4-22-2

to implement this chapter and to establish a reasonable fee for filingand review of an application under this chapter. NotwithstandingIC 16-21-1-8, IC 16-21-1-9, or IC 16-21-1-10, a rule adopted underthis chapter may not be waived.
    (b) Fees imposed in connection with the certificate of need reviewunder this article are payable to the state department for use inadministration of the certificate of need program created by thischapter.
As added by P.L.2-1993, SEC.12.