IC 16-29-2-1 "Comprehensive care bed" defined
Sec. 1. As used in this chapter, "comprehensive care bed" means
a comprehensive care bed that is used solely for a patient who has
been diagnosed as having one (1) of the following conditions:
(1) Medically stable twelve (12) to twenty-four (24) hours each
day and ventilator dependent.
(2) Medically stable brain and high spinal cord traumatized or
has 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 state
department for the addition or conversion of beds to comprehensive
care beds to be used solely for providing specialized services to
patients 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 in
state or federal reimbursement program
Sec. 3. The state department shall review all applications for a
certificate of need for comprehensive care beds under this chapter
that are to be certified for participation in a state or federal
reimbursement program, including programs under Title XVIII or
Title XIX of the Social Security Act (42 U.S.C. 1395 et seq. or 42
U.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 on
information prepared by the state department in accordance with
IC 16-30 and any other relevant information about the need for the
comprehensive care beds under this chapter or the certification of
comprehensive care beds as requested in the application.
(b) The state department shall recommend and approve a
certificate of need for additional comprehensive care beds or the
certification of comprehensive care beds only after finding that the
certification or addition of comprehensive care beds in the county is
necessary and that the applicant for a certificate of need has
illustrated or documented the applicant's experience or capacity to
provide quality, effective, and efficient care that includes a
description of any past or current adverse licensure action against
any 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 or
added and beds may not be converted to comprehensive care beds
without the review and approval required in this chapter.
(b) Comprehensive care beds that are not certified for
participation in a state or federal reimbursement program, including
programs under Title XVIII or Title XIX of the federal Social
Security Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.), shall
not be certified without the review and approval required in this
chapter.
(c) The review and approval required in this chapter is a condition
to 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, or
convert beds that receives final approval of the state department
under this chapter or IC 16-10-4 (before its repeal) becomes void
eighteen (18) months after the determination becomes final unless
the following conditions are met:
(1) Construction plans for the project are approved by the state
department and the department of fire and building safety.
(2) The applicant has completed construction of the project's
foundation in conformity with the approved plans as certified
by an independent architect licensed under IC 25-4 or an
independent professional engineer licensed under IC 25-31.
(3) Construction work on the project is continuous and in
conformity 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 legal
entity to whom a certificate of need has been granted after the review
and approval required by this chapter is the owner of the certificate
of need until the individual or legal entity transfers or alienates that
ownership interest in the certificate. Unless the certificate of need
expires or is voided, the issued certificate of need is the personal
property of the owner and is freely transferable or alienable, except
that the certificate of need may not be used outside of the county
with 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 filing
and review of an application under this chapter. Notwithstanding
IC 16-21-1-8, IC 16-21-1-9, or IC 16-21-1-10, a rule adopted under
this chapter may not be waived.
(b) Fees imposed in connection with the certificate of need review
under this article are payable to the state department for use in
administration of the certificate of need program created by this
chapter. As added by P.L.2-1993, SEC.12.
IC 16-29-2-1 "Comprehensive care bed" defined
Sec. 1. As used in this chapter, "comprehensive care bed" means
a comprehensive care bed that is used solely for a patient who has
been diagnosed as having one (1) of the following conditions:
(1) Medically stable twelve (12) to twenty-four (24) hours each
day and ventilator dependent.
(2) Medically stable brain and high spinal cord traumatized or
has 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 state
department for the addition or conversion of beds to comprehensive
care beds to be used solely for providing specialized services to
patients 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 in
state or federal reimbursement program
Sec. 3. The state department shall review all applications for a
certificate of need for comprehensive care beds under this chapter
that are to be certified for participation in a state or federal
reimbursement program, including programs under Title XVIII or
Title XIX of the Social Security Act (42 U.S.C. 1395 et seq. or 42
U.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 on
information prepared by the state department in accordance with
IC 16-30 and any other relevant information about the need for the
comprehensive care beds under this chapter or the certification of
comprehensive care beds as requested in the application.
(b) The state department shall recommend and approve a
certificate of need for additional comprehensive care beds or the
certification of comprehensive care beds only after finding that the
certification or addition of comprehensive care beds in the county is
necessary and that the applicant for a certificate of need has
illustrated or documented the applicant's experience or capacity to
provide quality, effective, and efficient care that includes a
description of any past or current adverse licensure action against
any 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 or
added and beds may not be converted to comprehensive care beds
without the review and approval required in this chapter.
(b) Comprehensive care beds that are not certified for
participation in a state or federal reimbursement program, including
programs under Title XVIII or Title XIX of the federal Social
Security Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.), shall
not be certified without the review and approval required in this
chapter.
(c) The review and approval required in this chapter is a condition
to 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, or
convert beds that receives final approval of the state department
under this chapter or IC 16-10-4 (before its repeal) becomes void
eighteen (18) months after the determination becomes final unless
the following conditions are met:
(1) Construction plans for the project are approved by the state
department and the department of fire and building safety.
(2) The applicant has completed construction of the project's
foundation in conformity with the approved plans as certified
by an independent architect licensed under IC 25-4 or an
independent professional engineer licensed under IC 25-31.
(3) Construction work on the project is continuous and in
conformity 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 legal
entity to whom a certificate of need has been granted after the review
and approval required by this chapter is the owner of the certificate
of need until the individual or legal entity transfers or alienates that
ownership interest in the certificate. Unless the certificate of need
expires or is voided, the issued certificate of need is the personal
property of the owner and is freely transferable or alienable, except
that the certificate of need may not be used outside of the county
with 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 filing
and review of an application under this chapter. Notwithstanding
IC 16-21-1-8, IC 16-21-1-9, or IC 16-21-1-10, a rule adopted under
this chapter may not be waived.
(b) Fees imposed in connection with the certificate of need review
under this article are payable to the state department for use in
administration of the certificate of need program created by this
chapter. As added by P.L.2-1993, SEC.12.
IC 16-29-2-1 "Comprehensive care bed" defined
Sec. 1. As used in this chapter, "comprehensive care bed" means
a comprehensive care bed that is used solely for a patient who has
been diagnosed as having one (1) of the following conditions:
(1) Medically stable twelve (12) to twenty-four (24) hours each
day and ventilator dependent.
(2) Medically stable brain and high spinal cord traumatized or
has 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 state
department for the addition or conversion of beds to comprehensive
care beds to be used solely for providing specialized services to
patients 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 in
state or federal reimbursement program
Sec. 3. The state department shall review all applications for a
certificate of need for comprehensive care beds under this chapter
that are to be certified for participation in a state or federal
reimbursement program, including programs under Title XVIII or
Title XIX of the Social Security Act (42 U.S.C. 1395 et seq. or 42
U.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 on
information prepared by the state department in accordance with
IC 16-30 and any other relevant information about the need for the
comprehensive care beds under this chapter or the certification of
comprehensive care beds as requested in the application.
(b) The state department shall recommend and approve a
certificate of need for additional comprehensive care beds or the
certification of comprehensive care beds only after finding that the
certification or addition of comprehensive care beds in the county is
necessary and that the applicant for a certificate of need has
illustrated or documented the applicant's experience or capacity to
provide quality, effective, and efficient care that includes a
description of any past or current adverse licensure action against
any 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 or
added and beds may not be converted to comprehensive care beds
without the review and approval required in this chapter.
(b) Comprehensive care beds that are not certified for
participation in a state or federal reimbursement program, including
programs under Title XVIII or Title XIX of the federal Social
Security Act (42 U.S.C. 1395 et seq. or 42 U.S.C. 1396 et seq.), shall
not be certified without the review and approval required in this
chapter.
(c) The review and approval required in this chapter is a condition
to 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, or
convert beds that receives final approval of the state department
under this chapter or IC 16-10-4 (before its repeal) becomes void
eighteen (18) months after the determination becomes final unless
the following conditions are met:
(1) Construction plans for the project are approved by the state
department and the department of fire and building safety.
(2) The applicant has completed construction of the project's
foundation in conformity with the approved plans as certified
by an independent architect licensed under IC 25-4 or an
independent professional engineer licensed under IC 25-31.
(3) Construction work on the project is continuous and in
conformity 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 legal
entity to whom a certificate of need has been granted after the review
and approval required by this chapter is the owner of the certificate
of need until the individual or legal entity transfers or alienates that
ownership interest in the certificate. Unless the certificate of need
expires or is voided, the issued certificate of need is the personal
property of the owner and is freely transferable or alienable, except
that the certificate of need may not be used outside of the county
with 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 filing
and review of an application under this chapter. Notwithstanding
IC 16-21-1-8, IC 16-21-1-9, or IC 16-21-1-10, a rule adopted under
this chapter may not be waived.
(b) Fees imposed in connection with the certificate of need review
under this article are payable to the state department for use in
administration of the certificate of need program created by this
chapter. As added by P.L.2-1993, SEC.12.
