IN
Indiana House Bill HB1461

Indiana 2023 Regular Session

Indiana House Bill HB1461 Compare Versions

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1+*EH1461.2*
2+April 14, 2023
3+ENGROSSED
4+HOUSE BILL No. 1461
5+_____
6+DIGEST OF HB 1461 (Updated April 13, 2023 11:48 am - DI 116)
7+Citations Affected: IC 4-6; IC 5-20; IC 12-7; IC 12-10; IC 16-18;
8+IC 16-28; IC 16-29; IC 16-52; IC 25-0.5; IC 25-16; IC 25-19; IC 35-52;
9+noncode.
10+Synopsis: Long term services. Requires the housing and community
11+development authority to: (1) assess the feasibility of the development
12+of new assisted living communities for low and middle income
13+individuals; and (2) determine possible funding for the assisted living
14+communities; and submit a report to the legislative services agency.
15+Requires the office of the secretary of family and social services
16+(office) to contract with more than one entity to provide functional
17+eligibility determinations for individuals applying for the aged and
18+disabled Medicaid waiver. Requires the office to report to the budget
19+(Continued next page)
20+Effective: Upon passage; July 1, 2023.
21+Barrett, Manning, Karickhoff,
22+Shackleford
23+(SENATE SPONSORS — BROWN L, CHARBONNEAU)
24+January 17, 2023, read first time and referred to Committee on Public Health.
25+February 7, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
26+Means pursuant to Rule 127.
27+February 16, 2023, amended, reported — Do Pass.
28+February 20, 2023, read second time, ordered engrossed.
29+February 21, 2023, engrossed. Read third time, passed. Yeas 89, nays 0.
30+SENATE ACTION
31+March 6, 2023, read first time and referred to Committee on Health and Provider Services.
32+April 6, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
33+Appropriations.
34+April 13, 2023, amended, reported favorably — Do Pass.
35+EH 1461—LS 7303/DI 104 Digest Continued
36+committee and legislative council certain information concerning: (1)
37+the average length of time to conduct function eligibility assessments;
38+and (2) a plan to provide functional eligibility not later than 72 hours
39+from the eligibility assessment. Removes the requirement that the
40+transfer of comprehensive care beds in a health facility must equalize
41+the number of certified Medicaid beds in the county. Allows a health
42+facility that transfers comprehensive care beds to reduce the facility's
43+count of licensed comprehensive care beds by the number of beds
44+transferred. Allows the receiving facility to increase the: (1) count of
45+licensed comprehensive care beds; and (2) number of beds that are
46+Medicaid certified. Requires the office to reimburse the provider of
47+assisted living services if an increase in the level of services for a
48+recipient is approved by the office. Specifies that integrated health care
49+coordination and transportation are assisted living services. Prohibits
50+the office from reducing the scope of services that may be provided by
51+an assisted living services provider under the Medicaid aged and
52+disabled waiver, as in effect on July 1, 2021. Specifies provisions that
53+must be included in a risk based managed care program or capitated
54+managed care program for specified Medicaid recipients. Requires the
55+Indiana department of health (state department) to establish and
56+administer the registration of a temporary health care service agency.
57+Repeals current laws concerning the regulation of employment
58+services. Removes references to a residential care facility administrator
59+as a separate classification of license. Sets forth requirements for health
60+facility administrators, residential care facility administrators,
61+administrators in training, preceptors, and student interns. Sets forth
62+notification requirements to the state department upon a vacancy or
63+new hire of a residential care administrator. Makes conforming
64+changes.
65+EH 1461—LS 7303/DI 104EH 1461—LS 7303/DI 104 April 14, 2023
166 First Regular Session of the 123rd General Assembly (2023)
267 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
368 Constitution) is being amended, the text of the existing provision will appear in this style type,
469 additions will appear in this style type, and deletions will appear in this style type.
570 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
671 provision adopted), the text of the new provision will appear in this style type. Also, the
772 word NEW will appear in that style type in the introductory clause of each SECTION that adds
873 a new provision to the Indiana Code or the Indiana Constitution.
974 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1075 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1461
12-AN ACT to amend the Indiana Code concerning health.
76+ENGROSSED
77+HOUSE BILL No. 1461
78+A BILL FOR AN ACT to amend the Indiana Code concerning
79+health.
1380 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 4-6-9-4, AS AMENDED BY P.L.215-2016,
15-SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2023]: Sec. 4. (a) The division has the following powers and
17-duties:
18-(1) The power to investigate any written consumer complaint
19-made by a nonmerchant arising from a transaction between a
20-merchant as defined in the Uniform Commercial Code and a
21-nonmerchant concerning sales, leases, assignments, awards by
22-chance, or other dispositions of goods, services, or repairs, and
23-intangibles to a person for purposes that are primarily personal,
24-familial, household, charitable, or agricultural, or a solicitation to
25-supply any of the above things. When a consumer trades in or
26-sells a motor vehicle to another consumer or nonconsumer, the
27-consumer shall be considered to be a nonconsumer and shall be
28-subject to the provisions of this chapter. The division shall have
29-no jurisdiction over matters concerning utilities subject to
30-regulation by the utility regulatory commission or by an agency of
31-the United States except that the provisions of subdivision (5)
32-shall apply and except as provided in IC 8-1-29.
33-(2) For complaints filed after August 31, 1984, the duty to
34-ascertain from the consumer whether the consumer consents to
35-HEA 1461 — Concur 2
36-public disclosure by the division of the filing of the complaint,
37-including the consumer's identity and telephone number, if any.
38-(3) The duty to notify the merchant of the nature of the complaint
39-by written communication and request a written reply.
40-(4) Upon receipt of reply, the duty to act as mediator between the
41-parties and attempt to resolve all complaints in a conciliatory
42-manner. The director of the division and the attorney general have
43-discretion whether to mediate complaints involving a de minimis
44-amount of money.
45-(5) If no reply is received or if the parties are unable to resolve
46-their differences, and no violation of federal or state statute or rule
47-is indicated, the duty to provide the complainant with a copy of all
48-correspondence relating to the matter.
49-(6) Whenever a violation of a state or federal law or
50-administrative rule is indicated, the duty to forward to the
51-appropriate state or federal agency a copy of the correspondence
52-and request that the agency further investigate the complaint and
53-report to the division upon the disposition of the complaint.
54-(7) The power to initiate and prosecute civil actions on behalf of
55-the state whenever an agency to which a complaint has been
56-forwarded fails to act upon the complaint within ten (10) working
57-days after its referral, or whenever no state agency has jurisdiction
58-over the subject matter of the complaint.
59-(8) The power to investigate a complaint against a temporary
60-health care services agency licensed under IC 16-52.
61-(b) All complaints and correspondence in the possession of the
62-division under this chapter are confidential unless disclosure of a
63-complaint or correspondence is:
64-(1) requested by the person who filed the complaint;
65-(2) consented to, in whole or in part, after August 31, 1984, by the
66-person who filed the complaint;
67-(3) in furtherance of an investigation by a law enforcement
68-agency; or
69-(4) necessary for the filing of an action by the attorney general
70-under IC 24-5-0.5.
71-(c) Notwithstanding subsection (b), the division may publicly
72-disclose information relating to the status of complaints under
73-subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
74-(d) Except for a residential telephone number published in the most
75-recent quarterly telephone sales solicitation listing by the division
76-under IC 24-4.7-3 and except as provided in subsection (e), all
77-consumer information provided for the purposes of registering for or
78-HEA 1461 — Concur 3
79-maintaining the no telephone sales solicitation listing is confidential.
80-(e) The name, address, and telephone number of a registrant of the
81-most recent quarterly no telephone sales solicitation listing may be
82-released for journalistic purposes if the registrant consents to the
83-release of information after June 30, 2007.
84-SECTION 2. IC 4-6-9-4.5 IS ADDED TO THE INDIANA CODE
85-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
86-1, 2023]: Sec. 4.5. (a) The director shall do the following:
87-(1) Investigate a complaint made to the division concerning a
88-temporary health care services agency (licensed under
89-IC 16-52) and determine whether the complaint is
90-substantiated.
91-(2) Notify the temporary health care services agency (licensed
92-under IC 16-52) of the filed complaint and substance of the
93-complaint.
94-(3) Subpoena witnesses and compel the production of
95-information if necessary in the investigation of the complaint.
96-(4) Notify the complainant, the Indiana department of health,
97-and the temporary health care services agency (licensed under
98-IC 16-52) of the director's findings concerning the complaint
99-and that if any remedies or violations are found, that the
100-Indiana department of health has the duty to take action
101-concerning a substantiated complaint, including overseeing
102-any negotiations against the parties.
103- (b) If the director determines that prosecution of the temporary
104-health care services agency (licensed under IC 16-52) is warranted
105-and the Indiana department of health has not negotiated a
106-settlement between the parties during the period of thirty (30) days
107-after the director has notified the Indiana department of health
108-concerning the director's findings, or if the Indiana department of
109-health informs the director of the intent not to take further action
110-on the matter, the director may report the findings to the attorney
111-general for consideration of prosecution if the director believes
112-disciplinary action is warranted. The attorney general shall consult
113-with the Indiana department of health if the attorney general
114-determines to prosecute the case.
115-(c) The director may grant, upon the request of the Indiana
116-department of health, a twenty (20) day extension of the time
117-required under subsection (b).
118-(d) All complaints filed under this section are confidential until
119-the attorney general files notice with the Indiana department of
120-health to prosecute the temporary health care services agency
121-HEA 1461 — Concur 4
122-(licensed under IC 16-52) concerning the complaint. The division
123-and the Indiana department of health may only disclose
124-information concerning the complaint if required by law or
125-requested by a law enforcement agency with jurisdiction and as
126-part of an investigation.
127-SECTION 3. IC 5-20-1-4.7 IS ADDED TO THE INDIANA CODE
128-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
129-1, 2023]: Sec. 4.7. (a) The authority shall do the following:
130-(1) Assess the feasibility of the development of new assisted
131-living communities for low income and middle income
132-individuals.
133-(2) Determine possible funding mechanisms for financing new
134-assisted living communities for low income and middle income
135-individuals in counties with a population of less than fifty
136-thousand (50,000).
137-(b) Not later than November 1, 2023, the authority shall deliver
138-in an electronic format under IC 5-14-6 a summary of the
139-authority's assessments and determinations under subsection (a)
140-to the executive director of the legislative services agency for
141-distribution to the members of the general assembly.
142-(c) This section expires December 31, 2023.
143-SECTION 4. IC 12-7-2-18.1 IS ADDED TO THE INDIANA CODE
144-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
145-1, 2023]: Sec. 18.1. "Assisted living services", for purposes of
146-IC 12-10-11.5, has the meaning set forth in IC 12-10-11.5-8(a).
147-SECTION 5. IC 12-7-2-90.5 IS ADDED TO THE INDIANA CODE
148-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
149-1, 2023]: Sec. 90.5. "Functional eligibility assessment", for
150-purposes of IC 12-10-11.5-4.5, has the meaning set forth in
151-IC 12-10-11.5-4.5(a).
152-SECTION 6. IC 12-7-2-90.7 IS ADDED TO THE INDIANA CODE
153-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
154-1, 2023]: Sec. 90.7. "Functional eligibility determination", for
155-purposes of IC 12-10-11.5-4.5, has the meaning set forth in
156-IC 12-10-11.5-4.5(b).
157-SECTION 7. IC 12-10-11.5-4.5 IS ADDED TO THE INDIANA
158-CODE AS A NEW SECTION TO READ AS FOLLOWS
159-[EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) As used in this section,
160-"functional eligibility assessment" means a review of an
161-individual's functional impairment level to determine whether an
162-individual meets the eligibility requirements for the state's
163-Medicaid aged and disabled waiver.
164-HEA 1461 — Concur 5
165-(b) As used in this section, "functional eligibility determination"
166-means making a final decision concerning whether an individual
167-meets the proper level of care requirements to receive services
168-under the state's Medicaid aged and disabled waiver.
169-(c) Not later than June 30, 2025, the office shall provide at least
170-one (1) statewide option other than the area agencies on aging for
171-functional eligibility determinations for the state's Medicaid aged
172-and disabled waiver.
173-(d) Not later than October 1, 2023, and every subsequent two (2)
174-years, the office of the secretary, in consultation with home and
175-community based health care providers that provide Medicaid
176-services and the area agencies on aging, shall report the following
177-information and analysis to the budget committee and the
178-legislative council in an electronic format under IC 5-14-6:
179-(1) The average length of time taken by each area agency on
180-aging to conduct functional eligibility assessments and make
181-functional eligibility determinations for individuals seeking
182-home and community based Medicaid services.
183-(2) The average length of time taken by each entity approved
184-by the office of the secretary to conduct functional eligibility
185-assessments and make functional eligibility determinations for
186-individuals seeking home and community based Medicaid
187-services under the state's Medicaid aged and disabled waiver.
188-(3) A plan for determining functional eligibility of individuals
189-seeking home and community based Medicaid services not
190-later than seventy-two (72) hours from the completion of an
191-eligibility assessment, including a time frame for
192-implementation of the plan and specific metrics and
193-compliance measures that will be used to improve the time
194-frame for functional eligibility assessments and functional
195-eligibility determinations.
196-(e) The office of the secretary shall:
197-(1) publish the report described in subsection (d) on the office
198-of the secretary's website; and
199-(2) share the report with all home and community based
200-providers that provide services for the Medicaid aged and
201-disabled waiver.
202-(f) This section expires December 1, 2029.
203-SECTION 8. IC 12-10-11.5-8, AS AMENDED BY P.L.10-2019,
204-SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
205-JULY 1, 2023]: Sec. 8. (a) As used in this section, chapter, "assisted
206-living services" refers to services covered under a waiver and provided
207-HEA 1461 — Concur 6
208-in any of the following entities:
209-(1) A residential care facility licensed under IC 16-28.
210-(2) Any other housing with services establishment.
211-(b) As used in this section, "level of services" means a
212-determination of the type of services an individual may receive
213-under a Medicaid waiver based on the individual's impairment and
214-dependence and the corresponding reimbursement rate for the
215-determined level of care.
216-(c) As used in this section, "office" includes the following:
217-(1) The office of the secretary of family and social services.
218-(2) A managed care organization that has contracted with the
219-office of Medicaid policy and planning under IC 12-15.
220-(3) A person that has contracted with a managed care
221-organization described in subdivision (2).
222-(b) (d) Under a Medicaid waiver that provides services to an
223-individual who is aged or disabled, the office shall reimburse for the
224-following services provided to the individual by a provider of
225-assisted living services:
226-(1) Assisted living services.
227-(2) Integrated health care coordination.
228-(3) Transportation.
229-(e) If the office approves an increase in the level of services for
230-a recipient of assisted living services, the office shall reimburse the
231-provider of assisted living services for the level of services for the
232-increase as of the date that the provider has documentation of
233-providing the increase in the level of services.
234-(c) (f) The office may reimburse for any home and community based
235-services provided to a Medicaid recipient beginning on the date of the
236-individual's Medicaid application.
237-(d) (g) The office may not do any of the following concerning
238-assisted living services provided in a home and community based
239-services program:
240-(1) Require the installation of a sink in the kitchenette within any
241-living unit of an entity that participated in the Medicaid home and
242-community based service program before July 1, 2018.
243-(2) Require all living units within a setting that provides assisted
244-living services to comply with physical plant requirements that
245-are applicable to individual units occupied by a Medicaid
246-recipient.
247-(3) Require a provider to offer only private rooms.
248-(4) Require a housing with services establishment provider to
249-provide housing when:
250-HEA 1461 — Concur 7
251-(A) the provider is unable to meet the health needs of a
252-resident without:
253-(i) undue financial or administrative burden; or
254-(ii) fundamentally altering the nature of the provider's
255-operations; and
256-(B) the resident is unable to arrange for services to meet the
257-resident's health needs.
258-(5) Require a housing with services establishment provider to
259-separate an agreement for housing from an agreement for
260-services.
261-(6) Prohibit a housing with services establishment provider from
262-offering studio apartments with only a single sink in the unit.
263-(7) Preclude the use of a shared bathroom between adjoining or
264-shared units if the participants consent to the use of a shared
265-bathroom.
266-(8) Reduce the scope of services that may be provided by a
267-provider of assisted living services under the aged and
268-disabled Medicaid waiver in effect on July 1, 2021.
269-(e) (h) The division may adopt rules under IC 4-22-2 that establish
270-the right, and an appeals process, for a resident to appeal a provider's
271-determination that the provider is unable to meet the health needs of
272-the resident as described in subsection (d)(4). (g)(4). The process:
273-(1) must require an objective third party to review the provider's
274-determination in a timely manner; and
275-(2) may not be required if the provider is licensed by the state
276-Indiana department of health and the licensure requirements
277-include an appellate procedure for such a determination.
278-(f) Before December 31, 2018, the office shall:
279-(1) implement a process for; and
280-(2) resume enrollment of;
281-a provider with specialized and secure settings for individuals with
282-Alzheimer's disease or other dementia, within a portion of or
283-throughout the setting, to become a provider under a home and
284-community based services program. At least forty-five (45) days before
285-the adoption of an enrollment process under this subsection, the office
286-shall consult with home and community based services providers, case
287-managers, care managers, and persons with expertise in Alzheimer's
288-disease or other dementia. The office's failure to adopt an enrollment
289-process under this subsection shall not prevent the office from
290-processing a provider application.
291-SECTION 9. IC 16-18-2-96, AS AMENDED BY P.L.38-2010,
292-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
293-HEA 1461 — Concur 8
294-JULY 1, 2023]: Sec. 96. (a) "Director", for purposes of IC 16-19-13,
295-refers to the director of the office of women's health established by
296-IC 16-19-13-2.
297-(b) "Director", for purposes of IC 16-19-14, refers to the director of
298-the office of minority health established by IC 16-19-14-4.
299-(c) "Director", for purposes of IC 16-27, means the individual acting
300-under the authority of and assigned the responsibility by the state health
301-commissioner to implement IC 16-27.
302-(d) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
303-means the individual acting under the authority of and assigned the
304-responsibility by the state health commissioner to implement IC 16-28,
305-IC 16-29, and IC 16-30.
306-(e) "Director", for purposes of IC 16-31, refers to the executive
307-director of the department of homeland security established by
308-IC 10-19-2-1.
309-(f) "Director", for purposes of IC 16-35-2, refers to the director of
310-the program for children with special health care needs.
311-(g) "Director", for purposes of IC 16-52, refers to the director
312-of the division of consumer protection appointed under IC 4-6-9-2.
313-SECTION 10. IC 16-18-2-97, AS AMENDED BY P.L.161-2014,
314-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
315-JULY 1, 2023]: Sec. 97. "Division" means the following:
316-(1) For purposes of IC 16-21-8, the meaning set forth in
317-IC 16-21-8-0.2.
318-(2) For purposes of IC 16-22-8, the meaning set forth in
319-IC 16-22-8-3.
320-(3) For purposes of IC 16-27, a group of individuals under the
321-supervision of the director within the state department assigned
322-the responsibility of implementing IC 16-27.
323-(4) For purposes of IC 16-28, a group of individuals under the
324-supervision of the director within the state department assigned
325-the responsibility of implementing IC 16-28.
326-(5) For purposes of IC 16-41-40, the division of family resources
327-established by IC 12-13-1-1.
328-(6) For purposes of IC 16-52, the division of consumer
329-protection created by IC 4-6-9-1.
330-SECTION 11. IC 16-18-2-161, AS AMENDED BY P.L.50-2021,
331-SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
332-JULY 1, 2023]: Sec. 161. (a) "Health care facility" includes:
333-(1) hospitals licensed under IC 16-21-2, private mental health
334-institutions licensed under IC 12-25, and tuberculosis hospitals
335-established under IC 16-11-1 (before its repeal);
336-HEA 1461 — Concur 9
337-(2) health facilities licensed under IC 16-28; and
338-(3) rehabilitation facilities and kidney disease treatment centers.
339-(b) "Health care facility", for purposes of IC 16-21-11 and
340-IC 16-34-3, has the meaning set forth in IC 16-21-11-1.
341-(c) "Health care facility", for purposes of IC 16-28-13, has the
342-meaning set forth in IC 16-28-13-0.5.
343-(d) "Health care facility", for purposes of IC 16-36-7, has the
344-meaning set forth in IC 16-36-7-11.
345-(e) "Health care facility", for purposes of IC 16-52, has the
346-meaning set forth in IC 16-52-1-3.
347-SECTION 12. IC 16-18-2-161.8 IS ADDED TO THE INDIANA
348-CODE AS A NEW SECTION TO READ AS FOLLOWS
349-[EFFECTIVE JULY 1, 2023]: Sec. 161.8. "Health care personnel",
350-for purposes of IC 16-52, has the meaning set forth in IC 16-52-1-4.
351-SECTION 13. IC 16-18-2-174 IS AMENDED TO READ AS
352-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 174. (a) "Home health
353-aide", for purposes of IC 16-27-1 and IC 16-52, and IC 12-27-1.5,
354-means an individual who provides home health aide services.
355-(b) The term does not include the following:
356-(1) A health care professional.
357-(2) A volunteer who provides home health aide services without
358-compensation.
359-(3) An immediate member of the patient's family.
360-SECTION 14. IC 16-18-2-348.9 IS ADDED TO THE INDIANA
361-CODE AS A NEW SECTION TO READ AS FOLLOWS
362-[EFFECTIVE JULY 1, 2023]: Sec. 348.9. "Temporary health care
363-services agency", for purposes of IC 16-52, has the meaning set
364-forth in IC 16-52-1-5.
365-SECTION 15. IC 16-28-2-11.3 IS ADDED TO THE INDIANA
366-CODE AS A NEW SECTION TO READ AS FOLLOWS
367-[EFFECTIVE JULY 1, 2023]: Sec. 11.3. (a) A residential care
368-administrator must meet the requirements set forth in
369-IC 25-19-1-2.5.
370-(b) A residential care facility shall notify, not later than three (3)
371-working days, the state department of a vacancy in the residential
372-care administrator position and the name of the replacement
373-administrator.
374-(c) When a new residential care administrator begins
375-employment with the residential care facility, the residential care
376-facility shall provide the state department on a form prescribed by
377-the state department with the following information concerning the
378-residential care administrator:
379-HEA 1461 — Concur 10
380-(1) The full name of the administrator.
381-(2) The name, facility number, and address of the residential
382-care facility for which the administrator is employed.
383-(3) The license number of the administrator.
384-(4) The email address of the administrator.
385-(5) The name of the previous administrator.
386-(6) The previous administrator's last date of employment.
387-(7) The license number of the previous administrator.
388-SECTION 16. IC 16-28-3-1 IS AMENDED TO READ AS
389-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The director may
390-initiate a proceeding to issue a probationary license or to revoke a
391-license issued under this article on any of the following grounds:
81+1 SECTION 1. IC 4-6-9-4, AS AMENDED BY P.L.215-2016,
82+2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
83+3 JULY 1, 2023]: Sec. 4. (a) The division has the following powers and
84+4 duties:
85+5 (1) The power to investigate any written consumer complaint
86+6 made by a nonmerchant arising from a transaction between a
87+7 merchant as defined in the Uniform Commercial Code and a
88+8 nonmerchant concerning sales, leases, assignments, awards by
89+9 chance, or other dispositions of goods, services, or repairs, and
90+10 intangibles to a person for purposes that are primarily personal,
91+11 familial, household, charitable, or agricultural, or a solicitation to
92+12 supply any of the above things. When a consumer trades in or
93+13 sells a motor vehicle to another consumer or nonconsumer, the
94+14 consumer shall be considered to be a nonconsumer and shall be
95+15 subject to the provisions of this chapter. The division shall have
96+16 no jurisdiction over matters concerning utilities subject to
97+EH 1461—LS 7303/DI 104 2
98+1 regulation by the utility regulatory commission or by an agency of
99+2 the United States except that the provisions of subdivision (5)
100+3 shall apply and except as provided in IC 8-1-29.
101+4 (2) For complaints filed after August 31, 1984, the duty to
102+5 ascertain from the consumer whether the consumer consents to
103+6 public disclosure by the division of the filing of the complaint,
104+7 including the consumer's identity and telephone number, if any.
105+8 (3) The duty to notify the merchant of the nature of the complaint
106+9 by written communication and request a written reply.
107+10 (4) Upon receipt of reply, the duty to act as mediator between the
108+11 parties and attempt to resolve all complaints in a conciliatory
109+12 manner. The director of the division and the attorney general have
110+13 discretion whether to mediate complaints involving a de minimis
111+14 amount of money.
112+15 (5) If no reply is received or if the parties are unable to resolve
113+16 their differences, and no violation of federal or state statute or rule
114+17 is indicated, the duty to provide the complainant with a copy of all
115+18 correspondence relating to the matter.
116+19 (6) Whenever a violation of a state or federal law or
117+20 administrative rule is indicated, the duty to forward to the
118+21 appropriate state or federal agency a copy of the correspondence
119+22 and request that the agency further investigate the complaint and
120+23 report to the division upon the disposition of the complaint.
121+24 (7) The power to initiate and prosecute civil actions on behalf of
122+25 the state whenever an agency to which a complaint has been
123+26 forwarded fails to act upon the complaint within ten (10) working
124+27 days after its referral, or whenever no state agency has jurisdiction
125+28 over the subject matter of the complaint.
126+29 (8) The power to investigate a complaint against a temporary
127+30 health care services agency licensed under IC 16-52.
128+31 (b) All complaints and correspondence in the possession of the
129+32 division under this chapter are confidential unless disclosure of a
130+33 complaint or correspondence is:
131+34 (1) requested by the person who filed the complaint;
132+35 (2) consented to, in whole or in part, after August 31, 1984, by the
133+36 person who filed the complaint;
134+37 (3) in furtherance of an investigation by a law enforcement
135+38 agency; or
136+39 (4) necessary for the filing of an action by the attorney general
137+40 under IC 24-5-0.5.
138+41 (c) Notwithstanding subsection (b), the division may publicly
139+42 disclose information relating to the status of complaints under
140+EH 1461—LS 7303/DI 104 3
141+1 subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
142+2 (d) Except for a residential telephone number published in the most
143+3 recent quarterly telephone sales solicitation listing by the division
144+4 under IC 24-4.7-3 and except as provided in subsection (e), all
145+5 consumer information provided for the purposes of registering for or
146+6 maintaining the no telephone sales solicitation listing is confidential.
147+7 (e) The name, address, and telephone number of a registrant of the
148+8 most recent quarterly no telephone sales solicitation listing may be
149+9 released for journalistic purposes if the registrant consents to the
150+10 release of information after June 30, 2007.
151+11 SECTION 2. IC 4-6-9-4.5 IS ADDED TO THE INDIANA CODE
152+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
153+13 1, 2023]: Sec. 4.5. (a) The director shall do the following:
154+14 (1) Investigate a complaint made to the division concerning a
155+15 temporary health care services agency (licensed under
156+16 IC 16-52) and determine whether the complaint is
157+17 substantiated.
158+18 (2) Notify the temporary health care services agency (licensed
159+19 under IC 16-52) of the filed complaint and substance of the
160+20 complaint.
161+21 (3) Subpoena witnesses and compel the production of
162+22 information if necessary in the investigation of the complaint.
163+23 (4) Notify the complainant, the Indiana department of health,
164+24 and the temporary health care services agency (licensed under
165+25 IC 16-52) of the director's findings concerning the complaint
166+26 and that if any remedies or violations are found, that the
167+27 Indiana department of health has the duty to take action
168+28 concerning a substantiated complaint, including overseeing
169+29 any negotiations against the parties.
170+30 (b) If the director determines that prosecution of the temporary
171+31 health care services agency (licensed under IC 16-52) is warranted
172+32 and the Indiana department of health has not negotiated a
173+33 settlement between the parties during the period of thirty (30) days
174+34 after the director has notified the Indiana department of health
175+35 concerning the director's findings, or if the Indiana department of
176+36 health informs the director of the intent not to take further action
177+37 on the matter, the director may report the findings to the attorney
178+38 general for consideration of prosecution if the director believes
179+39 disciplinary action is warranted. The attorney general shall consult
180+40 with the Indiana department of health if the attorney general
181+41 determines to prosecute the case.
182+42 (c) The director may grant, upon the request of the Indiana
183+EH 1461—LS 7303/DI 104 4
184+1 department of health, a twenty (20) day extension of the time
185+2 required under subsection (b).
186+3 (d) All complaints filed under this section are confidential until
187+4 the attorney general files notice with the Indiana department of
188+5 health to prosecute the temporary health care services agency
189+6 (licensed under IC 16-52) concerning the complaint. The division
190+7 and the Indiana department of health may only disclose
191+8 information concerning the complaint if required by law or
192+9 requested by a law enforcement agency with jurisdiction and as
193+10 part of an investigation.
194+11 SECTION 3. IC 5-20-1-4.7 IS ADDED TO THE INDIANA CODE
195+12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
196+13 1, 2023]: Sec. 4.7. (a) The authority shall do the following:
197+14 (1) Assess the feasibility of the development of new assisted
198+15 living communities for low income and middle income
199+16 individuals.
200+17 (2) Determine possible funding mechanisms for financing new
201+18 assisted living communities for low income and middle income
202+19 individuals in counties with a population of less than fifty
203+20 thousand (50,000).
204+21 (b) Not later than November 1, 2023, the authority shall deliver
205+22 in an electronic format under IC 5-14-6 a summary of the
206+23 authority's assessments and determinations under subsection (a)
207+24 to the executive director of the legislative services agency for
208+25 distribution to the members of the general assembly.
209+26 (c) This section expires December 31, 2023.
210+27 SECTION 4. IC 12-7-2-18.1 IS ADDED TO THE INDIANA CODE
211+28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
212+29 1, 2023]: Sec. 18.1. "Assisted living services", for purposes of
213+30 IC 12-10-11.5, has the meaning set forth in IC 12-10-11.5-8(a).
214+31 SECTION 5. IC 12-7-2-90.5 IS ADDED TO THE INDIANA CODE
215+32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
216+33 1, 2023]: Sec. 90.5. "Functional eligibility assessment", for
217+34 purposes of IC 12-10-11.5-4.5, has the meaning set forth in
218+35 IC 12-10-11.5-4.5(a).
219+36 SECTION 6. IC 12-7-2-90.7 IS ADDED TO THE INDIANA CODE
220+37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
221+38 1, 2023]: Sec. 90.7. "Functional eligibility determination", for
222+39 purposes of IC 12-10-11.5-4.5, has the meaning set forth in
223+40 IC 12-10-11.5-4.5(b).
224+41 SECTION 7. IC 12-10-11.5-4.5 IS ADDED TO THE INDIANA
225+42 CODE AS A NEW SECTION TO READ AS FOLLOWS
226+EH 1461—LS 7303/DI 104 5
227+1 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) As used in this section,
228+2 "functional eligibility assessment" means a review of an
229+3 individual's functional impairment level to determine whether an
230+4 individual meets the eligibility requirements for the state's
231+5 Medicaid aged and disabled waiver.
232+6 (b) As used in this section, "functional eligibility determination"
233+7 means making a final decision concerning whether an individual
234+8 meets the proper level of care requirements to receive services
235+9 under the state's Medicaid aged and disabled waiver.
236+10 (c) Not later than June 30, 2025, the office shall provide at least
237+11 one (1) statewide option other than the area agencies on aging for
238+12 functional eligibility determinations for the state's Medicaid aged
239+13 and disabled waiver.
240+14 (d) Not later than October 1, 2023, and every subsequent two (2)
241+15 years, the office of the secretary, in consultation with home and
242+16 community based health care providers that provide Medicaid
243+17 services and the area agencies on aging, shall report the following
244+18 information and analysis to the budget committee and the
245+19 legislative council in an electronic format under IC 5-14-6:
246+20 (1) The average length of time taken by each area agency on
247+21 aging to conduct functional eligibility assessments and make
248+22 functional eligibility determinations for individuals seeking
249+23 home and community based Medicaid services.
250+24 (2) The average length of time taken by each entity approved
251+25 by the office of the secretary to conduct functional eligibility
252+26 assessments and make functional eligibility determinations for
253+27 individuals seeking home and community based Medicaid
254+28 services under the state's Medicaid aged and disabled waiver.
255+29 (3) A plan for determining functional eligibility of individuals
256+30 seeking home and community based Medicaid services not
257+31 later than seventy-two (72) hours from the completion of an
258+32 eligibility assessment, including a time frame for
259+33 implementation of the plan and specific metrics and
260+34 compliance measures that will be used to improve the time
261+35 frame for functional eligibility assessments and functional
262+36 eligibility determinations.
263+37 (e) The office of the secretary shall:
264+38 (1) publish the report described in subsection (d) on the office
265+39 of the secretary's website; and
266+40 (2) share the report with all home and community based
267+41 providers that provide services for the Medicaid aged and
268+42 disabled waiver.
269+EH 1461—LS 7303/DI 104 6
270+1 (f) This section expires December 1, 2029.
271+2 SECTION 8. IC 12-10-11.5-8, AS AMENDED BY P.L.10-2019,
272+3 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
273+4 JULY 1, 2023]: Sec. 8. (a) As used in this section, chapter, "assisted
274+5 living services" refers to services covered under a waiver and provided
275+6 in any of the following entities:
276+7 (1) A residential care facility licensed under IC 16-28.
277+8 (2) Any other housing with services establishment.
278+9 (b) As used in this section, "level of services" means a
279+10 determination of the type of services an individual may receive
280+11 under a Medicaid waiver based on the individual's impairment and
281+12 dependence and the corresponding reimbursement rate for the
282+13 determined level of care.
283+14 (c) As used in this section, "office" includes the following:
284+15 (1) The office of the secretary of family and social services.
285+16 (2) A managed care organization that has contracted with the
286+17 office of Medicaid policy and planning under IC 12-15.
287+18 (3) A person that has contracted with a managed care
288+19 organization described in subdivision (2).
289+20 (b) (d) Under a Medicaid waiver that provides services to an
290+21 individual who is aged or disabled, the office shall reimburse for the
291+22 following services provided to the individual by a provider of
292+23 assisted living services:
293+24 (1) Assisted living services.
294+25 (2) Integrated health care coordination.
295+26 (3) Transportation.
296+27 (e) If the office approves an increase in the level of services for
297+28 a recipient of assisted living services, the office shall reimburse the
298+29 provider of assisted living services for the level of services for the
299+30 increase as of the date that the provider has documentation of
300+31 providing the increase in the level of services.
301+32 (c) (f) The office may reimburse for any home and community based
302+33 services provided to a Medicaid recipient beginning on the date of the
303+34 individual's Medicaid application.
304+35 (d) (g) The office may not do any of the following concerning
305+36 assisted living services provided in a home and community based
306+37 services program:
307+38 (1) Require the installation of a sink in the kitchenette within any
308+39 living unit of an entity that participated in the Medicaid home and
309+40 community based service program before July 1, 2018.
310+41 (2) Require all living units within a setting that provides assisted
311+42 living services to comply with physical plant requirements that
312+EH 1461—LS 7303/DI 104 7
313+1 are applicable to individual units occupied by a Medicaid
314+2 recipient.
315+3 (3) Require a provider to offer only private rooms.
316+4 (4) Require a housing with services establishment provider to
317+5 provide housing when:
318+6 (A) the provider is unable to meet the health needs of a
319+7 resident without:
320+8 (i) undue financial or administrative burden; or
321+9 (ii) fundamentally altering the nature of the provider's
322+10 operations; and
323+11 (B) the resident is unable to arrange for services to meet the
324+12 resident's health needs.
325+13 (5) Require a housing with services establishment provider to
326+14 separate an agreement for housing from an agreement for
327+15 services.
328+16 (6) Prohibit a housing with services establishment provider from
329+17 offering studio apartments with only a single sink in the unit.
330+18 (7) Preclude the use of a shared bathroom between adjoining or
331+19 shared units if the participants consent to the use of a shared
332+20 bathroom.
333+21 (8) Reduce the scope of services that may be provided by a
334+22 provider of assisted living services under the aged and
335+23 disabled Medicaid waiver in effect on July 1, 2021.
336+24 (e) (h) The division may adopt rules under IC 4-22-2 that establish
337+25 the right, and an appeals process, for a resident to appeal a provider's
338+26 determination that the provider is unable to meet the health needs of
339+27 the resident as described in subsection (d)(4). (g)(4). The process:
340+28 (1) must require an objective third party to review the provider's
341+29 determination in a timely manner; and
342+30 (2) may not be required if the provider is licensed by the state
343+31 Indiana department of health and the licensure requirements
344+32 include an appellate procedure for such a determination.
345+33 (f) Before December 31, 2018, the office shall:
346+34 (1) implement a process for; and
347+35 (2) resume enrollment of;
348+36 a provider with specialized and secure settings for individuals with
349+37 Alzheimer's disease or other dementia, within a portion of or
350+38 throughout the setting, to become a provider under a home and
351+39 community based services program. At least forty-five (45) days before
352+40 the adoption of an enrollment process under this subsection, the office
353+41 shall consult with home and community based services providers, case
354+42 managers, care managers, and persons with expertise in Alzheimer's
355+EH 1461—LS 7303/DI 104 8
356+1 disease or other dementia. The office's failure to adopt an enrollment
357+2 process under this subsection shall not prevent the office from
358+3 processing a provider application.
359+4 SECTION 9. IC 16-18-2-96, AS AMENDED BY P.L.38-2010,
360+5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
361+6 JULY 1, 2023]: Sec. 96. (a) "Director", for purposes of IC 16-19-13,
362+7 refers to the director of the office of women's health established by
363+8 IC 16-19-13-2.
364+9 (b) "Director", for purposes of IC 16-19-14, refers to the director of
365+10 the office of minority health established by IC 16-19-14-4.
366+11 (c) "Director", for purposes of IC 16-27, means the individual acting
367+12 under the authority of and assigned the responsibility by the state health
368+13 commissioner to implement IC 16-27.
369+14 (d) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
370+15 means the individual acting under the authority of and assigned the
371+16 responsibility by the state health commissioner to implement IC 16-28,
372+17 IC 16-29, and IC 16-30.
373+18 (e) "Director", for purposes of IC 16-31, refers to the executive
374+19 director of the department of homeland security established by
375+20 IC 10-19-2-1.
376+21 (f) "Director", for purposes of IC 16-35-2, refers to the director of
377+22 the program for children with special health care needs.
378+23 (g) "Director", for purposes of IC 16-52, refers to the director
379+24 of the division of consumer protection appointed under IC 4-6-9-2.
380+25 SECTION 10. IC 16-18-2-97, AS AMENDED BY P.L.161-2014,
381+26 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
382+27 JULY 1, 2023]: Sec. 97. "Division" means the following:
383+28 (1) For purposes of IC 16-21-8, the meaning set forth in
384+29 IC 16-21-8-0.2.
385+30 (2) For purposes of IC 16-22-8, the meaning set forth in
386+31 IC 16-22-8-3.
387+32 (3) For purposes of IC 16-27, a group of individuals under the
388+33 supervision of the director within the state department assigned
389+34 the responsibility of implementing IC 16-27.
390+35 (4) For purposes of IC 16-28, a group of individuals under the
391+36 supervision of the director within the state department assigned
392+37 the responsibility of implementing IC 16-28.
393+38 (5) For purposes of IC 16-41-40, the division of family resources
394+39 established by IC 12-13-1-1.
395+40 (6) For purposes of IC 16-52, the division of consumer
396+41 protection created by IC 4-6-9-1.
397+42 SECTION 11. IC 16-18-2-161, AS AMENDED BY P.L.50-2021,
398+EH 1461—LS 7303/DI 104 9
399+1 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400+2 JULY 1, 2023]: Sec. 161. (a) "Health care facility" includes:
401+3 (1) hospitals licensed under IC 16-21-2, private mental health
402+4 institutions licensed under IC 12-25, and tuberculosis hospitals
403+5 established under IC 16-11-1 (before its repeal);
404+6 (2) health facilities licensed under IC 16-28; and
405+7 (3) rehabilitation facilities and kidney disease treatment centers.
406+8 (b) "Health care facility", for purposes of IC 16-21-11 and
407+9 IC 16-34-3, has the meaning set forth in IC 16-21-11-1.
408+10 (c) "Health care facility", for purposes of IC 16-28-13, has the
409+11 meaning set forth in IC 16-28-13-0.5.
410+12 (d) "Health care facility", for purposes of IC 16-36-7, has the
411+13 meaning set forth in IC 16-36-7-11.
412+14 (e) "Health care facility", for purposes of IC 16-52, has the
413+15 meaning set forth in IC 16-52-1-3.
414+16 SECTION 12. IC 16-18-2-161.8 IS ADDED TO THE INDIANA
415+17 CODE AS A NEW SECTION TO READ AS FOLLOWS
416+18 [EFFECTIVE JULY 1, 2023]: Sec. 161.8. "Health care personnel",
417+19 for purposes of IC 16-52, has the meaning set forth in IC 16-52-1-4.
418+20 SECTION 13. IC 16-18-2-174 IS AMENDED TO READ AS
419+21 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 174. (a) "Home health
420+22 aide", for purposes of IC 16-27-1 and IC 16-52, and IC 12-27-1.5,
421+23 means an individual who provides home health aide services.
422+24 (b) The term does not include the following:
423+25 (1) A health care professional.
424+26 (2) A volunteer who provides home health aide services without
425+27 compensation.
426+28 (3) An immediate member of the patient's family.
427+29 SECTION 14. IC 16-18-2-348.9 IS ADDED TO THE INDIANA
428+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
429+31 [EFFECTIVE JULY 1, 2023]: Sec. 348.9. "Temporary health care
430+32 services agency", for purposes of IC 16-52, has the meaning set
431+33 forth in IC 16-52-1-5.
432+34 SECTION 15. IC 16-28-2-11.3 IS ADDED TO THE INDIANA
433+35 CODE AS A NEW SECTION TO READ AS FOLLOWS
434+36 [EFFECTIVE JULY 1, 2023]: Sec. 11.3. (a) A residential care
435+37 administrator must meet the requirements set forth in
436+38 IC 25-19-1-2.5.
437+39 (b) A residential care facility shall notify, not later than three (3)
438+40 working days, the state department of a vacancy in the residential
439+41 care administrator position and the name of the replacement
440+42 administrator.
441+EH 1461—LS 7303/DI 104 10
442+1 (c) When a new residential care administrator begins
443+2 employment with the residential care facility, the residential care
444+3 facility shall provide the state department on a form prescribed by
445+4 the state department with the following information concerning the
446+5 residential care administrator:
447+6 (1) The full name of the administrator.
448+7 (2) The name, facility number, and address of the residential
449+8 care facility for which the administrator is employed.
450+9 (3) The license number of the administrator.
451+10 (4) The email address of the administrator.
452+11 (5) The name of the previous administrator.
453+12 (6) The previous administrator's last date of employment.
454+13 (7) The license number of the previous administrator.
455+14 SECTION 16. IC 16-28-3-1 IS AMENDED TO READ AS
456+15 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The director may
457+16 initiate a proceeding to issue a probationary license or to revoke a
458+17 license issued under this article on any of the following grounds:
459+18 (1) Breach of this article or rules adopted under this article.
460+19 (2) Permitting, aiding, or abetting the commission of an act in the
461+20 health facility or on the health facility's premises that is
462+21 determined by a court to be illegal.
463+22 (3) Conduct or practice found by the director to be detrimental to
464+23 the welfare of the patients at the health facility.
465+24 (4) Employing consecutively more than one (1) health facility
466+25 administrator provisionally licensed under IC 25-19-1-3(b)
467+26 IC 25-19-1-3(c) during any twelve (12) month period.
468+27 (b) The procedure governing an action taken under subsection (a)
469+28 is governed by:
470+29 (1) IC 4-21.5-3-8; or
471+30 (2) IC 4-21.5-4.
472+31 SECTION 17. IC 16-29-7-1, AS ADDED BY P.L.202-2018,
473+32 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
474+33 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
475+34 (1) A replacement comprehensive care health facility located in
476+35 the same county as the original comprehensive care health
477+36 facility, if the replacement comprehensive care health facility
478+37 meets the following:
479+38 (A) The replacement comprehensive care health facility does
480+39 not add any additional comprehensive care beds that were not
481+40 contained in the original comprehensive care health facility
482+41 unless additional beds are obtained from another
483+42 comprehensive care health facility in the same county as
484+EH 1461—LS 7303/DI 104 11
485+1 provided for in subdivision (3).
486+2 (B) The original comprehensive care health facility that is
487+3 being replaced by the replacement comprehensive care health
488+4 facility will no longer be licensed as a comprehensive care
489+5 health facility not later than sixty (60) days after the
490+6 replacement comprehensive care health facility obtains a
491+7 health facility license from the state department.
492+8 (2) A comprehensive care health facility:
493+9 (A) constructing a new addition for the existing
494+10 comprehensive care health facility; or
495+11 (B) modifying or altering the structure of the existing
496+12 comprehensive care health facility;
497+13 if the construction, modification, or alteration does not add one
498+14 (1) or more new comprehensive care beds from outside of the
499+15 county to the existing comprehensive care health facility.
500+16 However, a comprehensive care health facility adding, modifying,
501+17 or altering the facility's structure under this subdivision may add
502+18 beds from within the same county as provided for in subdivision
503+19 (3).
504+20 (3) A comprehensive care health facility that transfers any of the
505+21 comprehensive care health facility's comprehensive care beds,
506+22 including the Medicaid certification status of the comprehensive
507+23 care beds, to another comprehensive care health facility in the
508+24 same county, regardless of whether there is common ownership
509+25 between the comprehensive care health facilities. A transfer of
510+26 comprehensive care beds under this subdivision must equally
511+27 reduce the count of licensed comprehensive care beds in the
512+28 transferring facility and increase the count of licensed
513+29 comprehensive care beds in the receiving facility. A
514+30 comprehensive care health facility that transfers any of the
515+31 facility's comprehensive care beds shall reduce the facility's
516+32 count of licensed comprehensive care beds by the number of
517+33 beds that are transferred. The receiving facility may increase
518+34 any of the following:
519+35 (A) The count of licensed comprehensive care beds.
520+36 (B) The number of beds that are Medicaid certified.
521+37 (4) A comprehensive care bed that is:
522+38 (A) owned, operated, or sponsored by a religious organization
523+39 that:
524+40 (i) is an Indiana nonprofit corporation;
525+41 (ii) was, before December 31, 2017, exempt from adjusted
526+42 gross income taxation under IC 6-3-2-2.8 by virtue of the
527+EH 1461—LS 7303/DI 104 12
528+1 nonprofit organization's religious organization status;
529+2 (iii) is operated for bona fide religious purposes; and
530+3 (iv) is not controlled, owned, or operated by a hospital
531+4 licensed under IC 16-21-2; or
532+5 (B) owned or operated by an Indiana nonprofit corporation that
533+6 is owned by a religious organization described in clause (A);
534+7 if the majority of the comprehensive care beds are used to serve
535+8 members of the religious organization.
536+9 (5) Comprehensive care beds that are owned, operated, or
537+10 sponsored by a fraternal organization that:
538+11 (A) was, before December 31, 2017, exempt from adjusted
539+12 gross income taxation under IC 6-3-2-2.8 by virtue of the
540+13 fraternal organization's status as a fraternal organization; and
541+14 (B) is owned, operated, or sponsored by a health facility
542+15 licensed under this article before December 31, 2017;
543+16 if the majority of the comprehensive care beds are used to serve
544+17 members of the fraternal organization.
545+18 (6) Subject to section 16 of this chapter, a small house health
546+19 facility that is applying to the state department for licensure or
547+20 Medicaid certification for not more than fifty (50) comprehensive
548+21 care beds for small house health facilities per year, including an
549+22 entity related to the small house health facility through common
550+23 ownership or control.
551+24 (7) A continuing care retirement community that:
552+25 (A) was registered under IC 23-2 before July 1, 2008;
553+26 (B) continuously maintains the registration under IC 23-2; and
554+27 (C) needs additional comprehensive care beds for purposes of
555+28 fulfilling a continuing care contract.
556+29 If a continuing care retirement community fails to maintain
557+30 registration under IC 23-2, the comprehensive care beds,
558+31 including beds certified for use in the state Medicaid program or
559+32 the Medicare program, that the continuing care retirement
560+33 community previously operated are not forfeited as long as the
561+34 continuing care retirement community continues to comply with
562+35 the licensure and certification requirements of IC 16-28.
563+36 (b) Except as provided in subsections (c) and (d), the
564+37 comprehensive care beds exempt from this chapter under subsection
565+38 (a)(4) and (a)(5) may not be sold, leased, or otherwise conveyed to any
566+39 person for at least twenty (20) years from the date the comprehensive
567+40 care bed is licensed. A person that violates this subsection may not
568+41 participate as a provider in the state Medicaid program.
569+42 (c) Subsection (b) does not prohibit the sale, lease, or conveyance
570+EH 1461—LS 7303/DI 104 13
571+1 of comprehensive care beds by a religious organization described in
572+2 subsection (a)(4) to:
573+3 (1) another religious organization described in subsection
574+4 (a)(4)(A); or
575+5 (2) an Indiana nonprofit corporation that is owned by a religious
576+6 organization described in subsection (a)(4)(A).
577+7 However, a majority of the comprehensive care beds sold, leased, or
578+8 conveyed under this subsection must be used to serve members of
579+9 either the religious organization or the religious organization's
580+10 nonprofit corporation to which the comprehensive care beds are sold,
581+11 leased, or conveyed.
582+12 (d) Subsection (b) does not prohibit the sale, lease, or conveyance
583+13 of comprehensive care beds described in subsection (a)(5) to another
584+14 fraternal organization described in subsection (a)(5). However, a
585+15 majority of the comprehensive care beds sold, leased, or conveyed
586+16 under this subsection must be used to serve members of the fraternal
587+17 organization to which the beds are sold, leased, or conveyed.
588+18 SECTION 18. IC 16-52 IS ADDED TO THE INDIANA CODE AS
589+19 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
590+20 2023]:
591+21 ARTICLE 52. TEMPORARY HEALTH CARE SERVICES
592+22 AGENCIES
593+23 Chapter 1. Definitions
594+24 Sec. 1. As used in this article, "director" refers to the director
595+25 of the division of consumer protection appointed under IC 4-6-9-2.
596+26 Sec. 2. As used in this article, "division" refers to the division of
597+27 consumer protection created by IC 4-6-9-1.
598+28 Sec. 3. As used in this article, "health care facility" includes the
599+29 following:
600+30 (1) A housing with services establishment (as defined in
601+31 IC 12-10-15-3).
602+32 (2) A private mental health institution licensed under
603+33 IC 12-25.
604+34 (3) An ambulatory outpatient surgical center licensed under
605+35 IC 16-21-2.
606+36 (4) A hospital licensed under IC 16-21-2.
607+37 (5) A hospice program licensed under IC 16-25-3.
608+38 (6) A home health agency licensed under IC 16-27-1.
609+39 (7) A health facility licensed under IC 16-28-2 or IC 16-28-3.
610+40 (8) A child caring institution or group home licensed under
611+41 IC 31-27.
612+42 Sec. 4. (a) As used in this article, "health care personnel" means
613+EH 1461—LS 7303/DI 104 14
614+1 the following:
615+2 (1) A nurse aide (as defined in IC 16-28-13-1).
616+3 (2) A registered nurse or licensed practical nurse licensed
617+4 under IC 25-23.
618+5 (3) An advanced practice registered nurse licensed under
619+6 IC 25-23.
620+7 (4) A qualified medication aide certified under IC 16-28-1-11.
621+8 (5) A home health aide.
622+9 (6) A physician assistant licensed under IC 25-27.5.
623+10 (7) Except as provided in subsection (b), any other individual
624+11 licensed or authorized by the state to provide health care or
625+12 professional services to residents or patients of a health care
626+13 facility.
627+14 (b) The term does not include a physician licensed under
628+15 IC 25-22.5.
629+16 Sec. 5. (a) As used in this article, "temporary health care
630+17 services agency" means a person engaged for hire in the business
631+18 of providing or procuring temporary employment in health care
632+19 facilities for health care personnel.
633+20 (b) The term does not include an individual who only engages on
634+21 the individual's own behalf to provide services on a temporary
635+22 basis to health care facilities.
636+23 Chapter 2. Registration
637+24 Sec. 1. (a) The state department shall establish a temporary
638+25 health care services agency registry.
639+26 (b) The state department shall develop an application for the
640+27 registry that at least requires the applicant to provide the
641+28 following:
642+29 (1) The name and addresses of each person that has an
643+30 ownership interest in the temporary health care services
644+31 agency.
645+32 (2) If the owner is a corporation or other business entity:
646+33 (A) the name of the state in which the business is
647+34 incorporated, a copy of the articles of incorporation or
648+35 association or similar documentation, and any
649+36 amendments or bylaws;
650+37 (B) the location of its principal place of business; and
651+38 (C) the names and addresses of its directors and officers.
652+39 (3) A schedule or description of all fees, charges, or
653+40 commissions that the temporary health care services agency
654+41 expects to charge and collect for services.
655+42 (c) Except as provided in subsection (e), the state department
656+EH 1461—LS 7303/DI 104 15
657+1 shall establish and collect an annual registration fee of at least one
658+2 hundred fifty dollars ($150) for the registry. Fees collected under
659+3 this chapter shall be paid to the state general fund.
660+4 (d) If a temporary health care services agency changes the
661+5 agency's schedule or description of fees, charges, or commissions
662+6 that were submitted under subsection (b)(3), the temporary health
663+7 care services agency shall file the changes with the state
664+8 department at least thirty (30) days before the changes are set to
665+9 be effective.
666+10 (e) The state department may waive the registration fee under
667+11 subsection (c) for a charitable and benevolent organization or
668+12 association, as determined by the state department and in
669+13 consultation with the division of family resources.
670+14 Sec. 2. (a) A person that owns or operates a temporary health
671+15 care services agency shall:
672+16 (1) register annually with; and
673+17 (2) provide a list of each location to;
674+18 the state department in the manner prescribed by the state
675+19 department.
676+20 (b) A registration under this chapter is valid for one (1) year
677+21 from the date of issuance. However, if a temporary health care
678+22 services agency is sold or ownership is transferred, the registration
679+23 is void and the new owner shall apply for registration under this
680+24 chapter.
681+25 Sec. 3. (a) Upon request by the state department, a person that
682+26 owns or operates a temporary health care services agency shall
683+27 provide to the state department a copy of all forms and contracts
684+28 related to the fees, charges, or commissions expected to be collected
685+29 by the temporary health care services agency from health care
686+30 personnel or a health care facility.
687+31 (b) Records provided to the state department under subsection
688+32 (a) are not subject to disclosure under IC 5-14-3.
689+33 Chapter 3. Requirements
690+34 Sec. 1. (a) A temporary health care services agency shall do the
691+35 following:
692+36 (1) Upon written request to an officer of the temporary health
693+37 care services agency, provide the following to a health care
694+38 facility for any health care personnel supplied by the agency:
695+39 (A) Documentation that each health care personnel meets
696+40 all licensing or certification requirements for the
697+41 profession in which the health care personnel will be
698+42 working.
699+EH 1461—LS 7303/DI 104 16
700+1 (B) Proof of applicable criminal record checks for each
701+2 health care personnel if required by law.
702+3 (2) Comply with any requirement relating to the health and
703+4 other qualifications of a health care personnel employed or
704+5 contracted to provide services in a health care facility.
705+6 (3) Bill a health care facility not later than three (3) months
706+7 from the date of services rendered for any services provided
707+8 by:
708+9 (A) the temporary health care services agency to the health
709+10 care facility; or
710+11 (B) an applicant referred by the temporary health care
711+12 services agency to and approved by the health care facility
712+13 for the performance of health care personnel's services
713+14 that are billed by the agency.
714+15 However, a health care facility and a temporary health care
715+16 services agency may contract for billing to occur in a time
716+17 frame that is less than three (3) months and the temporary
717+18 health care services agency shall comply with the agreed upon
718+19 time frame.
719+20 (4) Carry a dishonesty bond of at least ten thousand dollars
720+21 ($10,000) for health care personnel provided or procured by
721+22 the temporary health care services agency.
722+23 (5) Maintain insurance coverage for worker's compensation
723+24 for each health care personnel provided or procured by the
724+25 temporary health care services agency.
725+26 (6) Retain all records for at least five (5) years in a manner
726+27 that allows the records to be immediately available to the
727+28 state department for inspection to determine compliance with
728+29 this article.
729+30 (b) A temporary health care services agency may not do the
730+31 following:
731+32 (1) Restrict in any manner the employment opportunities of
732+33 health care personnel.
733+34 (2) Publish, cause to be published, or verbally make any false,
734+35 fraudulent, or misleading notice, advertisement, or statement,
735+36 or give any false or misleading information to a health care
736+37 facility concerning any health care personnel or the health
737+38 care personnel's qualifications to provide services to the
738+39 health care facility.
739+40 (3) Recruit potential health care personnel on the premises of
740+41 a health care facility.
741+42 (4) Require, as a condition of employment, assignment, or
742+EH 1461—LS 7303/DI 104 17
743+1 referral, that health care personnel recruit new health care
744+2 personnel for the temporary health care services agency from
745+3 the permanent employees of the health care facility to which
746+4 the health care personnel was employed, assigned, or referred.
747+5 (5) Send any applicant or collect any fee from an applicant
748+6 before obtaining or securing an order for the employment or
749+7 position for the temporary performance of services.
750+8 Sec. 2. (a) Before a temporary health care services agency may
751+9 refer a health care personnel to a health care facility, the
752+10 temporary health care services agency shall do the following:
753+11 (1) Make inquiries concerning health care personnel,
754+12 including the following:
755+13 (A) Ensuring that the health care personnel meets the
756+14 licensing, certification, or registration requirements for the
757+15 profession for which the health care personnel is to be
758+16 referred.
759+17 (B) Determining if any discipline, such as revocation,
760+18 suspension, probation, or a fine, has been taken against the
761+19 health care personnel's license, certification, or
762+20 registration, including any license, certificate, or
763+21 registration that is active, inactive, retired, or expired,
764+22 including in another state or jurisdiction.
765+23 (2) Check all professional registries that the temporary health
766+24 care services agency has reason to believe contain information
767+25 on the health care personnel, including other states and
768+26 jurisdictions.
769+27 (3) Comply with any federal or state statute or regulation
770+28 concerning the qualifications for a health care facility to
771+29 engage or employ the health care personnel, including
772+30 performing:
773+31 (A) criminal background checks; and
774+32 (B) health screening or tests required by 410
775+33 IAC 16.2-3.1-14(t) and 410 IAC 16.2-5-1.4(f).
776+34 (b) A temporary health care services agency shall, not later than
777+35 seven (7) days of becoming aware, notify the state department and
778+36 the office of the attorney general in writing of any circumstance
779+37 concerning a health care personnel referred by the temporary
780+38 health care service agency that threatens the welfare, safety, or
781+39 health of the public, including the following:
782+40 (1) Diversion of a legend drug or controlled substance.
783+41 (2) Conviction of a crime, except traffic related misdemeanors
784+42 other than operating a motor vehicle under the influence of a
785+EH 1461—LS 7303/DI 104 18
786+1 drug or alcohol.
787+2 (3) Abuse of a patient.
788+3 (4) Engagement in sexual contact with a patient.
789+4 (5) Disciplinary action in another state or jurisdiction.
790+5 (6) A violation of the health care personnel's standard of
791+6 practice set forth in IC 25-1-9-4.
792+7 Sec. 3. The delegation of any authority or requirement by the
793+8 temporary health care services agency does not exempt the
794+9 temporary health care service agency from the requirements set
795+10 forth in this chapter.
796+11 Sec. 4. (a) If a health care personnel fails, through no fault of the
797+12 health care personnel, to obtain employment or the position from
798+13 the health care facility to which the temporary health care services
799+14 agency referred the health care personnel, the temporary health
800+15 care services agency shall, upon request, refund the full amount the
801+16 health care personnel paid to the temporary health care services
802+17 agency for the referral. However, the health care personnel is not
803+18 eligible for a refund from the temporary health care services
804+19 agency if the health care personnel leaves or abandons the
805+20 employment or position without reasonable cause.
806+21 (b) In addition to the payment under subsection (a), if a
807+22 temporary health care services agency refers a health care
808+23 personnel to a health care facility and no employment or service
809+24 existed, the temporary health care services agency shall pay the
810+25 health care personnel not later than five (5) days after demand, the
811+26 amount of the health care personnel's transportation to and from
812+27 the health care facility and other reasonable expenses.
813+28 Sec. 5. The state department may adopt rules under IC 4-22-2
814+29 necessary to implement and administer this article.
815+30 Chapter 4. Complaints; Violations
816+31 Sec. 1. (a) Any individual may file a complaint against a
817+32 temporary health care services agency in writing with the division.
818+33 (b) The division is responsible for investigating a complaint
819+34 against a temporary health care services agency filed under
820+35 subsection (a) in accordance with IC 4-6-9-4.5.
821+36 (c) If the division determines that a complaint is substantiated,
822+37 the division shall inform the state department and the state
823+38 department shall:
824+39 (1) oversee any negotiations between the parties of the
825+40 complaint; and
826+41 (2) determine any proper action to take against the temporary
827+42 health care services agency for a violation under this article.
828+EH 1461—LS 7303/DI 104 19
829+1 Sec. 2. (a) The state department may issue an order of
830+2 compliance, impose a civil penalty, or refuse to issue a registration
831+3 to a temporary health care services agency or a person that owns
832+4 or operates a temporary health care services agency for any of the
833+5 following reasons:
834+6 (1) Failing to obtain or maintain a registration as required by
835+7 this article.
836+8 (2) Violating a provision of this article.
837+9 (3) Failing to take immediate action to remedy a violation of
838+10 this article.
839+11 (4) Engaging in fraud or deceit in obtaining or attempting to
840+12 obtain a registration.
841+13 (5) Lending the temporary health care service agency's
842+14 registration to another person.
843+15 (6) Enabling another person to manage or operate the
844+16 temporary health care services agency that is not subject to
845+17 the temporary health care service agency's registration.
846+18 (7) Using the temporary health care service agency
847+19 registration of another person or in any way knowingly aiding
848+20 or abetting the improper granting of a registration.
849+21 (8) Violating an order previously issued by the state
850+22 department in a disciplinary matter.
851+23 (9) Continuing operating a temporary health care services
852+24 agency after June 30, 2023, without complying with this
853+25 article.
854+26 (10) Engaging in fraud or deception of those seeking
855+27 employment or of a health care facility.
856+28 (11) Billing a health care facility with fees, charges, and
857+29 commissions for health care personnel in excess of the
858+30 schedule of fees, charges, and commissions submitted by the
859+31 temporary health care services agency to the state
860+32 department.
861+33 (12) Violating any other rules adopted by the state
862+34 department under IC 4-22-2 that specify a requirement that
863+35 must be met by a temporary health care services agency in
864+36 order to be registered under this article.
865+37 (b) The state department may impose any of the following for a
866+38 violation of subsection (a):
867+39 (1) Deny the application for a registration or renewal of a
868+40 registration under this article.
869+41 (2) Revoke, suspend, restrict, or otherwise limit a registration
870+42 under this article.
871+EH 1461—LS 7303/DI 104 20
872+1 (3) Impose a civil penalty of not more than five thousand
873+2 dollars ($5,000) for each incident in which a temporary health
874+3 care services agency engages in conduct prohibited under
875+4 subsection (a).
876+5 (4) Stay enforcement of any revocation, suspension,
877+6 restriction, or other limitation under subdivision (2) or any
878+7 other discipline and place the temporary health care services
879+8 agency on probation with the state department having the
880+9 right to vacation the probationary order for noncompliance
881+10 with provisions under this article.
882+11 Sec. 3. (a) If the registration of a temporary health care services
883+12 agency has been revoked by the state department, the person that
884+13 owns or operates the temporary health care services agency may
885+14 not apply for reinstatement of the registration for at least five (5)
886+15 years after the date of the revocation of the registration.
887+16 (b) After five (5) years described in subsection (a), the person
888+17 that owns or operates a temporary health care services agency may
889+18 submit a petition to the state department for a new registration.
890+19 The petition must include facts to establish that the temporary
891+20 health care services agency has been rehabilitated and the issuance
892+21 of a new registration is not contrary to the public interest.
893+22 (c) The state department may grant a petition submitted under
894+23 subsection (b) without conducting a hearing after the state
895+24 department reviews the facts submitted with the petition. If the
896+25 state department approves the petition, the state department shall
897+26 issue the registration and the temporary health care services
898+27 agency shall comply with this article.
899+28 (d) If the state department denies the petition submitted under
900+29 subsection (b) after the state department reviews the facts
901+30 submitted with the petition, the temporary health care services
902+31 agency may not submit a new petition for at least one (1) year from
903+32 the date of the denial.
904+33 SECTION 19. IC 25-0.5-1-8, AS ADDED BY P.L.3-2014,
905+34 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
906+35 JULY 1, 2023]: Sec. 8. IC 25-1-1.1-4 applies to an individual licensed
907+36 or certified under IC 25-19 (health facility and residential care facility
908+37 administrators).
909+38 SECTION 20. IC 25-16 IS REPEALED [EFFECTIVE JULY 1,
910+39 2023]. (Employment Services).
911+40 SECTION 21. IC 25-19-1-1 IS AMENDED TO READ AS
912+41 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) As used in this
913+42 chapter, "administrator in training" means an individual who:
914+EH 1461—LS 7303/DI 104 21
915+1 (1) has registered with the board before starting an
916+2 administrator in training program;
917+3 (2) desires to become involved in a professional health care
918+4 training program; and
919+5 (3) meets any other criteria established by the board.
920+6 (b) As used in this chapter, "administrator in training program"
921+7 means an internship program that:
922+8 (1) provides a continuous educational experience in a health
923+9 facility approved by the board; and
924+10 (2) is administered under the supervision of:
925+11 (A) an individual preceptor; or
926+12 (B) training center;
927+13 approved by the board.
928+14 (c) As used in this chapter, "agency" refers to the Indiana
929+15 professional licensing agency.
930+16 (d) As used in this chapter, "board" refers to the Indiana state board
931+17 of health facility administrators.
932+18 (b) (e) As used in this chapter, "health facility administrator" means
933+19 a natural person who administers, manages, supervises, or is in general
934+20 administrative charge of a licensed health facility whether such
935+21 individual has an ownership interest in the health facility and whether
936+22 the person's functions and duties are shared with one (1) or more
937+23 individuals.
938+24 (c) (f) As used in this chapter, "health facility" means any institution
939+25 or facility defined as such for licensing under IC 16-28 and classified
940+26 into care categories by rules adopted under IC 16-28.
941+27 (g) As used in this chapter, "postsecondary educational
942+28 institution accredited program" means a postsecondary
943+29 educational institution that:
944+30 (1) offers a degree in health facility administration;
945+31 (2) is accredited by the National Association of Long Term
946+32 Care Administrator Boards; and
947+33 (3) is approved by the board to oversee and manage an
948+34 administrator in training program.
949+35 (h) As used in this chapter, "practice of health facility
950+36 administration" means the practice of an individual who is
951+37 designated by the legal owner of a health facility to operate a
952+38 health facility, including:
953+39 (1) planning;
954+40 (2) organizing;
955+41 (3) developing;
956+42 (4) directing; or
957+EH 1461—LS 7303/DI 104 22
958+1 (5) controlling;
959+2 a health facility.
960+3 (i) As used in this chapter, "preceptor" means any of the
961+4 following:
962+5 (1) An individual who meets the requirements set forth in
963+6 section 20 of this chapter.
964+7 (2) A training center.
965+8 (3) A postsecondary educational institution that is:
966+9 (A) accredited by the National Association of Long Term
967+10 Care Administrator Boards; and
968+11 (B) approved by the board to oversee and manage an
969+12 administrator in training program.
970+13 (j) As used in this chapter, "residential care administrator"
971+14 means an individual who:
972+15 (1) administers;
973+16 (2) manages;
974+17 (3) supervises; or
975+18 (4) is in general administrative charge of;
976+19 a residential care facility.
977+20 (k) As used in this chapter, "residential care facility" has the
978+21 meaning set forth in IC 16-18-2-317.7.
979+22 (l) As used in this chapter, "sponsor" means a sponsor of
980+23 continuing education programs for health facility administrators.
981+24 (m) As used in this chapter, "student intern" refers to an
982+25 individual who is:
983+26 (1) enrolled in a bachelor or masters degree program at a
984+27 university that is accredited by the National Association of
985+28 Long term Care Administrator Boards; and
986+29 (2) participating in a student internship.
987+30 (n) As used in this chapter, "student internship" means an
988+31 educational experience that:
989+32 (1) occurs at a health facility or multiple health facilities;
990+33 (2) is part of a bachelor or masters degree program at a
991+34 postsecondary educational institution that is accredited by the
992+35 National Association of Long term Care Administrator
993+36 Boards; and
994+37 (3) is administered under the supervision of a preceptor.
995+38 (o) As used in this chapter, "training center" means an
996+39 educational center that is approved by the board to oversee and
997+40 manage an administrator in training program.
998+41 SECTION 22. IC 25-19-1-2.5 IS ADDED TO THE INDIANA
999+42 CODE AS A NEW SECTION TO READ AS FOLLOWS
1000+EH 1461—LS 7303/DI 104 23
1001+1 [EFFECTIVE JULY 1, 2023]: Sec. 2.5. (a) An individual seeking
1002+2 licensure as a residential care administrator must:
1003+3 (1) be at least twenty-one (21) years of age;
1004+4 (2) have obtained at least a high school diploma or its
1005+5 equivalent;
1006+6 (3) submit to a national criminal history background check,
1007+7 as required by IC 25-0.5-1-8;
1008+8 (4) achieve a passing score, as prescribed by the board, on the
1009+9 state jurisprudence examination; and
1010+10 (5) meet one (1) of the following:
1011+11 (A) Be a licensed health facility administrator or a
1012+12 registered, certified, or licensed health care practitioner
1013+13 under IC 16 or IC 25.
1014+14 (B) Have at least one (1) year of management experience:
1015+15 (i) in health care;
1016+16 (ii) in housing;
1017+17 (iii) in hospitality; or
1018+18 (iv) providing services that are similar to services
1019+19 described in items (i) through (iii) to individuals who are
1020+20 elderly.
1021+21 (C) Possess an associate's degree in gerontology or health
1022+22 care.
1023+23 (D) Possess a bachelor's degree or higher degree from an
1024+24 accredited postsecondary educational institution.
1025+25 (E) Complete a one hundred (100) hour specialized course
1026+26 in residential care facility administration that is approved
1027+27 by the board.
1028+28 (b) An applicant must meet the requirements in subsection
1029+29 (a)(1) through (a)(3) and subsection (a)(5) before the applicant may
1030+30 take the state jurisprudence examination.
1031+31 (c) The board may issue a residential care administrator license
1032+32 to an individual who meets the requirements of this section.
1033+33 (d) Except as provided in subsection (e), for each two (2) year
1034+34 license period, a licensed residential care administrator shall
1035+35 complete at least twenty (20) hours of continuing education that
1036+36 include education on:
1037+37 (1) promoting resident dignity, independence,
1038+38 self-determination, privacy, choice, and rights;
1039+39 (2) building safety, fire prevention, and disaster response;
1040+40 (3) preventing and containing infectious diseases, including
1041+41 hygiene protocols;
1042+42 (4) preventing and reporting abuse and neglect of residents;
1043+EH 1461—LS 7303/DI 104 24
1044+1 and
1045+2 (5) assisting residents with daily activities.
1046+3 (e) A licensed residential care administrator who holds an active
1047+4 health facility administrator license is not required to complete the
1048+5 continuing education requirements described in subsection (d).
1049+6 However, a residential care administrator described in this
1050+7 subsection shall complete any continuing education requirements
1051+8 for the residential care administrator's health facility
1052+9 administrator license.
1053+10 SECTION 23. IC 25-19-1-3 IS AMENDED TO READ AS
1054+11 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The board may
1055+12 issue licenses to qualified persons as health facility administrators. and
1056+13 shall establish qualification criteria for health facility administrators.
1057+14 The board shall adopt rules establishing standards for the competent
1058+15 practice of a health facility administrator.
1059+16 (b) A person who applies to the board to practice as a health facility
1060+17 administrator must:
1061+18 (1) not have been convicted of a crime that has a direct bearing on
1062+19 the person's ability to practice competently in accordance with
1063+20 IC 25-1-21;
1064+21 (2) have:
1065+22 (A) satisfactorily completed a course of instruction and
1066+23 training prescribed by the board, which course shall be so
1067+24 designed as to content and so administered as to present
1068+25 sufficient knowledge of the needs properly to be served by
1069+26 health facilities, laws governing the operation of health
1070+27 facilities and the protection of the interests of patients therein,
1071+28 and the elements of good health facilities administration; or
1072+29 (B) presented evidence satisfactory to the board of sufficient
1073+30 education, training, or experience in the foregoing fields to
1074+31 administer, supervise, and manage a health facility; and
1075+32 (3) have passed an examination administered by the board and
1076+33 designed to test for competence in the subject matter referred to
1077+34 in subdivision (2).
1078+35 (2) successfully complete an administrator in training
1079+36 program;
1080+37 (3) achieve a passing score, as determined by the board, on a
1081+38 state jurisprudence examination described in section 3.2 of
1082+39 this chapter;
1083+40 (4) successfully complete the national examination; and
1084+41 (5) meet one (1) of the following:
1085+42 (A) Possess a bachelor's degree or higher degree from an
1086+EH 1461—LS 7303/DI 104 25
1087+1 accredited postsecondary educational institution.
1088+2 (B) Possess an associate's degree from an accredited
1089+3 postsecondary educational institution and complete a
1090+4 specialized course of study in long term health care
1091+5 administration, as prescribed by the board.
1092+6 (C) Complete a specialized course of study in long term
1093+7 care administration prescribed by the board.
1094+8 (b) (c) Subject to section 3.3 of this chapter, the board may issue
1095+9 a provisional license for a single period not to exceed six (6) months
1096+10 for the purpose of enabling a qualified individual to fill a health facility
1097+11 administrator position that has been unexpectedly vacated. Before an
1098+12 individual is issued a provisional license, the individual must fulfill the
1099+13 requirements in subdivision (a)(1) in addition to complying with other
1100+14 standards and rules established by the board.
1101+15 SECTION 24. IC 25-19-1-3.1 IS ADDED TO THE INDIANA
1102+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
1103+17 [EFFECTIVE JULY 1, 2023]: Sec. 3.1. (a) To apply for a health
1104+18 facility administrator license or a residential care administrator
1105+19 license, an applicant shall do the following:
1106+20 (1) Electronically submit an application to the board on a
1107+21 form prescribed by the board.
1108+22 (2) Provide evidence that the applicant meets the
1109+23 requirements of this chapter.
1110+24 (b) If the agency is unable to resolve a discrepancy or issue of
1111+25 concern regarding an individual's application under this section,
1112+26 the board may require the applicant to appear before the board if
1113+27 the board determines the application:
1114+28 (1) is incomplete; or
1115+29 (2) lacks sufficient evidence that the applicant meets the
1116+30 requirements of this chapter.
1117+31 SECTION 25. IC 25-19-1-3.2 IS ADDED TO THE INDIANA
1118+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
1119+33 [EFFECTIVE JULY 1, 2023]: Sec. 3.2. (a) An individual who applies
1120+34 to the board for a health facility administrator license must
1121+35 successfully pass a state jurisprudence examination that covers the
1122+36 following topics:
1123+37 (1) Applicable standards of environmental health and safety.
1124+38 (2) Local health and safety regulation.
1125+39 (3) General administration.
1126+40 (4) Psychology of patient care.
1127+41 (5) Principles of medical care.
1128+42 (6) Pharmaceutical services and drug handling.
1129+EH 1461—LS 7303/DI 104 26
1130+1 (7) Personal and social care.
1131+2 (8) Therapeautic and supportive care and services in long
1132+3 term care.
1133+4 (9) Departmental organization and management.
1134+5 (10) Community interrelationships.
1135+6 (b) An applicant must submit a completed application and pay
1136+7 any required fee before the applicant may take the examination
1137+8 described in subsection (a).
1138+9 (c) An applicant who takes the examination and does not achieve
1139+10 a passing score may not take the examination described in
1140+11 subsection (a) more than three (3) additional times.
1141+12 (d) If an applicant takes the examination the maximum number
1142+13 of times allowed under subsection (c) and fails to achieve a passing
1143+14 score, the board may request that the applicant appear before the
1144+15 board. The board may require the applicant to provide the board
1145+16 with evidence of the following:
1146+17 (1) The applicant completed not more than one hundred (100)
1147+18 hours of continuing education hours, as approved by the
1148+19 board.
1149+20 (2) A new application for an administrator in training
1150+21 program.
1151+22 (3) The applicant has applied for an administrator in training
1152+23 program.
1153+24 (4) The applicant meets all other requirements for a health
1154+25 facility administrator license at the time the applicant
1155+26 reapplies for a license.
1156+27 SECTION 26. IC 25-19-1-3.3 IS ADDED TO THE INDIANA
1157+28 CODE AS A NEW SECTION TO READ AS FOLLOWS
1158+29 [EFFECTIVE JULY 1, 2023]: Sec. 3.3. (a) The board may issue a
1159+30 provisional health facility administrator license or provisional
1160+31 residential care administrator license to an individual for a specific
1161+32 licensed health facility or residential care facility if the individual
1162+33 has:
1163+34 (1) at least two (2) years of administrative experience in a
1164+35 licensed health facility or residential care facility; and
1165+36 (2) not been convicted of a crime that has a direct bearing on
1166+37 the individual's ability to practice competently in accordance
1167+38 with IC 25-1-21.
1168+39 (b) The board may issue a provisional residential care
1169+40 administrator license to an individual for a specific residential care
1170+41 facility if the individual has:
1171+42 (1) at least two (2) years of administrative experience in a
1172+EH 1461—LS 7303/DI 104 27
1173+1 residential care facility; and
1174+2 (2) not been convicted of a crime that has a direct bearing on
1175+3 the individual's ability to practice competently in accordance
1176+4 with IC 25-1-21.
1177+5 (c) Subject to subsection (d), the chair of the board may issue a
1178+6 provisional health facility administrator license or a provisional
1179+7 residential care administrator license to an individual who appears
1180+8 to be qualified.
1181+9 (d) If the board determines that an individual described in
1182+10 subsection (c) fails to meet all applicable qualification for a
1183+11 provisional license described in subsection (a) or (b), the board
1184+12 may withdraw the provisional license.
1185+13 (e) Experience that an individual gains while practicing health
1186+14 facility administration with a provisional license issued under this
1187+15 section may count toward the requirements for an administrator
1188+16 in training, as approved by the board.
1189+17 SECTION 27. IC 25-19-1-3.5 IS REPEALED [EFFECTIVE JULY
1190+18 1, 2023]. Sec. 3.5. (a) The board may issue a temporary permit to
1191+19 practice as a health facility administrator to a person who:
1192+20 (1) has applied to the board for a license to practice as a health
1193+21 facility administrator;
1194+22 (2) has a current license as a health facility administrator in
1195+23 another state;
1196+24 (3) has met the educational requirements of the board;
1197+25 (4) has completed a board approved training program or board
1198+26 determined equivalent; and
1199+27 (5) has successfully completed the national examination with a
1200+28 score equivalent to the score required by this state.
1201+29 (b) The board may substitute for the requirements in subsection
1202+30 (a)(3) or (a)(4) the experience of a person as a licensed health facility
1203+31 administrator in another state.
1204+32 (c) A temporary permit issued under this section expires upon:
1205+33 (1) the issuance of a license to the holder of the temporary permit;
1206+34 or
1207+35 (2) the receipt by the holder of the temporary permit of notice
1208+36 from the board that the holder of the temporary permit has failed
1209+37 the required examination for licensure.
1210+38 (d) A person holding a temporary permit to practice as a health
1211+39 facility administrator is subject to the disciplinary provisions of this
1212+40 chapter.
1213+41 (e) The board may establish, by rules adopted under IC 4-22-2 and
1214+42 IC 25-19-1-4, application procedures and requirements for the issuance
1215+EH 1461—LS 7303/DI 104 28
1216+1 of temporary permits under this section.
1217+2 SECTION 28. IC 25-19-1-4 IS AMENDED TO READ AS
1218+3 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. The board shall
1219+4 license health facility administrators in accordance with rules issued
1220+5 and from time to time revised by it. A health facility administrator's
1221+6 license and a residential care administrator's license shall not be
1222+7 transferable and shall be valid until surrendered for cancellation or
1223+8 suspended or revoked for violation of this chapter or any other laws or
1224+9 rules relating to the proper administration and management of a health
1225+10 facility. Any denial of issuance or renewal, suspension, or revocation
1226+11 under any section of this chapter shall be appealable upon the timely
1227+12 request of the applicant or licensee and pursuant to IC 4-21.5.
1228+13 SECTION 29. IC 25-19-1-5, AS AMENDED BY P.L.197-2011,
1229+14 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1230+15 JULY 1, 2023]: Sec. 5. (a) The state department of health, pursuant to
1231+16 authority provided by IC 16-28, has, by rule duly promulgated,
1232+17 classified health facilities into comprehensive health facilities and
1233+18 residential health facilities. The fee for a health facility administrator's
1234+19 license in either classification shall be set by the board under section
1235+20 8 of this chapter.
1236+21 (b) The fee and application shall be submitted to the board, and the
1237+22 board shall transmit all the funds received to the treasurer of state to be
1238+23 deposited by the treasurer in the general fund of the state. All expenses
1239+24 incurred in the administration of this chapter shall be paid from the
1240+25 general fund upon appropriation being made in the manner provided by
1241+26 law for making appropriations.
1242+27 (c) The administrator of a comprehensive care facility must have a
1243+28 comprehensive care facility administrator license issued by the board
1244+29 in accordance with rules adopted under section 8 of this chapter.
1245+30 (d) The administrator of a residential care facility must have one (1)
1246+31 of the following licenses issued by the board: under rules adopted
1247+32 under section 8 of this chapter:
1248+33 (1) A comprehensive care health facility administrator license.
1249+34 (2) A residential care facility administrator license.
1250+35 SECTION 30. IC 25-19-1-5.1, AS AMENDED BY P.L.1-2006,
1251+36 SECTION 438, IS AMENDED TO READ AS FOLLOWS
1252+37 [EFFECTIVE JULY 1, 2023]: Sec. 5.1. (a) Notwithstanding section 5
1253+38 of this chapter, The fee for a health facility administrator's license and
1254+39 a residential care administrator's license shall be submitted to the
1255+40 Indiana professional licensing agency for it to transmit to the state
1256+41 treasurer to be deposited by the treasurer in the state general fund.
1257+42 (b) Subject to IC 25-1-8-2 and except as provided in subsection
1258+EH 1461—LS 7303/DI 104 29
1259+1 (d), the board shall charge and collect the following fees:
1260+2 (1) A one hundred dollar ($100) application for licensure fee.
1261+3 (2) A one hundred dollar ($100) application fee to retake the
1262+4 state jurisprudence examination.
1263+5 (3) A fifty dollar ($50) fee to retake the national examination.
1264+6 (4) A one hundred dollar ($100) license renewal fee.
1265+7 (5) A fifty dollar ($50) provisional license fee.
1266+8 (6) A fifty dollar ($50) preceptor application fee.
1267+9 (7) A ten dollar ($10) duplicate wall license fee.
1268+10 (8) A one hundred dollar ($100) continuing education
1269+11 sponsorship application fee.
1270+12 (9) A one hundred dollar ($100) annual continuing education
1271+13 sponsorship.
1272+14 (c) An applicant for a health facility administrator license who
1273+15 is required to take the national examination shall pay the fee
1274+16 described in subsection (b)(3) directly to the professional
1275+17 examination service in the amount required by the examination
1276+18 service.
1277+19 (d) The board may not charge a fee described in subsection
1278+20 (b)(8) to any of the following:
1279+21 (1) A state or federal agency.
1280+22 (2) A state funded school.
1281+23 However, an exemption from the fee under this chapter does not
1282+24 relieve an agency or school from a requirement or duty prescribed
1283+25 by law.
1284+26 SECTION 31. IC 25-19-1-7 IS AMENDED TO READ AS
1285+27 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. The Board shall have
1286+28 sole and exclusive authority to determine the qualifications, skill and
1287+29 fitness of any person to serve as an administrator of a health facility
1288+30 under the provisions of this chapter, and The holder of a license under
1289+31 the provisions of this chapter, shall be deemed qualified to serve as the
1290+32 administrator of that type of health facility for which he the holder is
1291+33 licensed.
1292+34 In carrying out its responsibilities under this chapter, The Board
1293+35 may seek the advice of various disciplines, agencies, institutions and
1294+36 individuals having an interest in long-term care.
1295+37 SECTION 32. IC 25-19-1-8, AS AMENDED BY P.L.54-2007,
1296+38 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1297+39 JULY 1, 2023]: Sec. 8. The board shall do the following:
1298+40 (1) Adopt rules establishing: necessary to carry out the
1299+41 requirements of this chapter for the practice of a health
1300+42 facility administrator and residential care administrator.
1301+EH 1461—LS 7303/DI 104 30
1302+1 (A) standards for the competent practice of a health facility
1303+2 administrator; and
1304+3 (B) separate education, experience, and training requirements
1305+4 for licensure in each of the following classifications described
1306+5 in section 5 of this chapter:
1307+6 (i) Comprehensive health facility administrator.
1308+7 (ii) Residential health facility administrator.
1309+8 (2) Develop and apply appropriate techniques, including
1310+9 examination and investigations, for determining whether an
1311+10 individual meets the standards.
1312+11 (3) Issue licenses to individuals determined, after application of
1313+12 the appropriate criteria, to meet the standards, and for cause, after
1314+13 due notice and hearing, impose sanctions under IC 25-1-9,
1315+14 including placing the licensee on probation and revoking or
1316+15 suspending licenses previously issued by the board in any case
1317+16 where the individual holding the license is determined
1318+17 substantially to have failed to conform to the requirements of the
1319+18 standards.
1320+19 (4) Establish and carry out the procedures designed to ensure that
1321+20 individuals licensed as health facility administrators and
1322+21 residential care administrators will, during any period that they
1323+22 serve as such, comply with the requirements of the standards.
1324+23 (5) Subject to IC 25-1-7, receive, investigate, and take appropriate
1325+24 action under IC 25-1-9 with respect to, and including probation,
1326+25 suspension, or the revocation of a license if necessary after due
1327+26 notice and hearing and for cause, any charge or complaint filed
1328+27 with the board to the effect that any individual licensed as a health
1329+28 facility administrator or a residential care administrator has
1330+29 failed to comply with the requirements of the standards.
1331+30 (6) Conduct a continuing study and investigation of health
1332+31 facilities and administrators of health facilities in the state to
1333+32 improve the standards imposed for the licensing of the
1334+33 administrators and of procedures and methods for the
1335+34 enforcement of the standards with respect to licensed health
1336+35 facility administrators and residential care administrators.
1337+36 (7) Conduct, or cause to be conducted, one (1) or more courses of
1338+37 instruction and training sufficient to meet the requirements of this
1339+38 chapter, and shall make provisions for the courses and their
1340+39 accessibility to residents of this state unless it finds and approves
1341+40 a sufficient number of courses conducted by others within this
1342+41 state. The board may approve courses conducted in or outside this
1343+42 state sufficient to meet the education and training requirements of
1344+EH 1461—LS 7303/DI 104 31
1345+1 this chapter.
1346+2 (8) Take other actions, not inconsistent with law, including
1347+3 establishing and approving requirements for continuing
1348+4 professional education for licensure renewal, making provisions
1349+5 for accepting and disbursing funds for educational purposes, as
1350+6 may be necessary to enable the state to meet the requirements set
1351+7 forth in Section 1908 of the Social Security Act (42 U.S.C.
1352+8 1396g), the federal regulations adopted under that law, and other
1353+9 pertinent federal authority, and designing any other action to
1354+10 improve the professional competence of licensees.
1355+11 SECTION 33. IC 25-19-1-9, AS AMENDED BY P.L.177-2015,
1356+12 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1357+13 JULY 1, 2023]: Sec. 9. (a) Subject to IC 25-1-2-6(e), every holder of
1358+14 a health facility administrator's license or a residential care
1359+15 administrator's license shall renew the license on the date established
1360+16 by the licensing agency under IC 25-1-5-4. The renewals shall be
1361+17 granted as a matter of course, unless the board finds, after due notice
1362+18 and hearing, that the applicant has acted or failed to act in a manner or
1363+19 under circumstances that would constitute grounds for nonrenewal,
1364+20 suspension, or revocation of a license.
1365+21 (b) Subject to IC 25-1-2-6(e), a health facility administrator's license
1366+22 and a residential care administrator's license expires expire at
1367+23 midnight on the renewal date specified by the Indiana professional
1368+24 licensing agency. Failure to renew a license on or before the renewal
1369+25 date automatically renders the license invalid.
1370+26 (c) A person who fails to renew a license before it expires and
1371+27 becomes invalid at midnight of the renewal date shall be reinstated by
1372+28 the board if the person applies for reinstatement not later than three (3)
1373+29 years after the expiration of the license and meets the requirements
1374+30 under IC 25-1-8-6(c).
1375+31 (d) The board may reinstate a person who applies to reinstate a
1376+32 license under this section more than three (3) years after the date the
1377+33 license expires and becomes invalid if the person applies to the board
1378+34 for reinstatement and meets the requirements for reinstatement
1379+35 established by the board under IC 25-1-8-6(d).
1380+36 (e) The board may require an applicant under subsection (d) to
1381+37 appear before the board to explain the applicant's failure to renew.
1382+38 (f) Except as provided in subsection (g), the board may not
1383+39 renew a health facility administrator's license or a residential care
1384+40 administrator's license if the health facility administrator or
1385+41 residential care administrator failed to comply with the continuing
1386+42 education requirements prescribed by the board.
1387+EH 1461—LS 7303/DI 104 32
1388+1 (g) The board may renew a license described in subsection (f) if
1389+2 any of the following apply:
1390+3 (1) The licensed health facility administrator or licensed
1391+4 residential care administrator submits a statement from the
1392+5 administrator's physician or surgeon verifying that the
1393+6 administrator is unable to practice health facility
1394+7 administration due to illness or physical disability.
1395+8 (2) The licensed health facility administrator or licensed
1396+9 residential care administrator is on active military duty.
1397+10 (3) Any other circumstances, as determined by the board.
1398+11 SECTION 34. IC 25-19-1-9.5 IS ADDED TO THE INDIANA
1399+12 CODE AS A NEW SECTION TO READ AS FOLLOWS
1400+13 [EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) Subject to IC 25-1-8-6, a
1401+14 health facility administrator or residential care administrator
1402+15 whose license is in inactive status may apply to the board to renew
1403+16 the administrator's license.
1404+17 (b) A health facility administrator or residential care
1405+18 administrator while in an inactive status may not practice as a
1406+19 health facility administrator or residential care administrator.
1407+20 (c) A licensed health facility administrator who has been
1408+21 inactive must show proof of having completed forty (40) hours of
1409+22 continuing education within the two (2) year period immediately
1410+23 before the date the reactivation application is filed.
1411+24 (d) A licensed residential care administrator who has been
1412+25 inactive must show proof of having competed twenty (20) hours of
1413+26 continuing education within the two (2) year period immediately
1414+27 before the date the reactivation application is filed.
1415+28 (e) The board may request that a licensed health facility
1416+29 administrator who has been inactive for a period of more than
1417+30 three (3) years at the date the reactivation application is filed make
1418+31 a personal appearance before the board to answer any questions
1419+32 from the board about the application that are unresolved before
1420+33 making a determination on the application.
1421+34 SECTION 35. IC 25-19-1-10 IS AMENDED TO READ AS
1422+35 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) The board may
1423+36 shall issue a health facility administrator's license to any person who
1424+37 holds a current comparable license from another jurisdiction, applies
1425+38 for a health facility administrator license, if the board finds that the
1426+39 applicant has:
1427+40 (1) met the educational requirements of the board;
1428+41 (2) completed a board approved training program or board
1429+42 determined equivalent;
1430+EH 1461—LS 7303/DI 104 33
1431+1 (3) successfully completed the national examination with a score
1432+2 equivalent to the score required by this state; and
1433+3 (4) successfully completed the state examination conducted by the
1434+4 board.
1435+5 (b) The board may substitute for the requirements in subsection
1436+6 (a)(1) or (a)(2) the experience of a person as a licensed health facility
1437+7 administrator in another state. the applicant:
1438+8 (1) does not have a criminal history that disqualifies the
1439+9 applicant from obtaining a health facility administrator
1440+10 license in Indiana in accordance with IC 25-1-21;
1441+11 (2) has practiced in another state for at least one (1) year as a:
1442+12 (A) licensed health facility administrator and currently
1443+13 holds an active license in good standing as a health facility
1444+14 administrator in another state;
1445+15 (B) chief executive officer of a hospital; or
1446+16 (C) chief operations officer of a hospital; and
1447+17 (3) has successfully completed the:
1448+18 (A) national examination; and
1449+19 (B) Indiana jurisprudence examination, as approved by the
1450+20 board.
1451+21 (b) The board shall issue a residential care administrator license
1452+22 to any person who applies for a residential care administrator
1453+23 license, if the applicant:
1454+24 (1) does not have a criminal history that disqualifies the
1455+25 applicant from obtaining a residential care administrator
1456+26 license in Indiana in accordance with IC 25-1-21; and
1457+27 (2) has practiced in another state for at least one (1) year as a:
1458+28 (A) licensed health facility administrator and currently
1459+29 holds an active license in good standing as a health facility
1460+30 administrator in another state;
1461+31 (B) licensed, certified, or registered residential care
1462+32 administrator and currently holds an active license,
1463+33 certification, or registration that is in good standing as a
1464+34 residential care administrator in another state;
1465+35 (C) chief executive officer of a hospital; or
1466+36 (D) chief operations officer of a hospital.
1467+37 (c) The board shall issue a health facility administrator license
1468+38 or a residential care administrator license to an individual who:
1469+39 (1) holds an approved National Association of Long Term
1470+40 Care Administrators Board Health Services Executive license
1471+41 in good standing; and
1472+42 (2) does not have a criminal history that disqualifies the
1473+EH 1461—LS 7303/DI 104 34
1474+1 applicant from obtaining a health facility administrator
1475+2 license or a residential care administrator license in Indiana
1476+3 in accordance with IC 25-1-21.
1477+4 SECTION 36. IC 25-19-1-11 IS AMENDED TO READ AS
1478+5 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) No health
1479+6 facility may operate unless it is under the supervision of an
1480+7 administrator who holds a currently valid health facility administrator's
1481+8 license or provisional license or temporary permit issued under this
1482+9 chapter. No person may practice or offer to practice health facility
1483+10 administration or use any title, sign, card, or device to indicate that the
1484+11 person is a health facility administrator, unless the person has been
1485+12 duly licensed as a health facility administrator or provisional health
1486+13 facility administrator. A person who violates this section commits a
1487+14 Class C infraction, and each day of continuing violation after entry of
1488+15 judgment constitutes a separate infraction.
1489+16 (b) An individual who is not licensed as a health facility
1490+17 administrator may not:
1491+18 (1) profess to be a health facility administrator;
1492+19 (2) use the title "health facility administrator" or "assistant
1493+20 health facility administrator";
1494+21 (3) use the initials "H.F.A." or any other words, letters,
1495+22 abbreviations, or insignia indicating or implying that the
1496+23 individual is a health facility administrator or assistant health
1497+24 facility administrator licensed under this article;
1498+25 unless the individual is licensed as a health facility administrator
1499+26 under this article.
1500+27 (c) A licensed health facility administrator may not practice
1501+28 health facility administration in more than one (1) health facility
1502+29 at the same time.
1503+30 (d) A health facility administrator is subject to the health
1504+31 professions standards of practice under IC 25-1-9.
1505+32 SECTION 37. IC 25-19-1-11.5 IS ADDED TO THE INDIANA
1506+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
1507+34 [EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) An individual who is not
1508+35 licensed as a residential care administrator may not:
1509+36 (1) profess to be a residential care administrator;
1510+37 (2) use the title "residential care administrator" or "assistant
1511+38 residential care administrator"; or
1512+39 (3) use the initials "R.C.A." or any other words, letters,
1513+40 abbreviations, or insignia indicating or implying that the
1514+41 individual is a residential care administrator or assistant
1515+42 residential care administrator licensed under this article;
1516+EH 1461—LS 7303/DI 104 35
1517+1 unless the individual is licensed as a residential care administrator
1518+2 under this article.
1519+3 (b) A licensed residential care administrator may not practice
1520+4 residential care administration in more than one (1) residential
1521+5 care facility at the same time.
1522+6 (c) A residential care administrator is subject to the health
1523+7 professions standards of practice under IC 25-1-9.
1524+8 SECTION 38. IC 25-19-1-15 IS ADDED TO THE INDIANA
1525+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
1526+10 [EFFECTIVE JULY 1, 2023]: Sec. 15. An individual who is licensed
1527+11 as a health facility administrator or residential care administrator
1528+12 shall display the individual's license in a prominent location in the
1529+13 individual's principal office.
1530+14 SECTION 39. IC 25-19-1-16 IS ADDED TO THE INDIANA
1531+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
1532+16 [EFFECTIVE JULY 1, 2023]: Sec. 16. Upon receipt of satisfactory
1533+17 evidence from a licensed health facility administrator or licensed
1534+18 residential care administrator that the administrator's license has
1535+19 been:
1536+20 (1) lost;
1537+21 (2) stolen;
1538+22 (3) mutilated; or
1539+23 (4) destroyed;
1540+24 the board shall issue a duplicate license to the administrator.
1541+25 SECTION 40. IC 25-19-1-17 IS ADDED TO THE INDIANA
1542+26 CODE AS A NEW SECTION TO READ AS FOLLOWS
1543+27 [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) This section applies to an
1544+28 administrator in training or a student intern seeking licensure as
1545+29 a health facility administrator.
1546+30 (b) An administrator in training or student intern shall
1547+31 satisfactorily complete a course prescribed by the board that
1548+32 includes instruction and training on the following:
1549+33 (1) Standards of competent practice.
1550+34 (2) Facility administration and management.
1551+35 (3) Housekeeping and laundry.
1552+36 (4) Nursing.
1553+37 (5) Dietary needs of residents.
1554+38 (6) Facility related activities.
1555+39 (7) Business office management.
1556+40 (8) Facility admission and marketing.
1557+41 (c) The course described in subsection (b) must occur in a
1558+42 licensed comprehensive care facility.
1559+EH 1461—LS 7303/DI 104 36
1560+1 SECTION 41. IC 25-19-1-18 IS ADDED TO THE INDIANA
1561+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
1562+3 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) An administrator in
1563+4 training seeking licensure as a health facility administrator shall do
1564+5 the following:
1565+6 (1) File an administrator in training application with the
1566+7 board and be approved by the board before starting an
1567+8 internship program.
1568+9 (2) Meet educational requirements described in section 3 of
1569+10 this chapter at the time the administrator in training files an
1570+11 application.
1571+12 (3) Observe and become familiar with the responsibilities and
1572+13 duties of the preceptor or approved training center and
1573+14 administrator in training.
1574+15 (4) Be assigned responsibilities in each health facility
1575+16 department, with experience on every shift, including
1576+17 weekends.
1577+18 (5) Serve as an administrator in training for at least twenty
1578+19 (20) hours per week and not more than ten (10) hours per day.
1579+20 (6) Complete the internship program in not less than three (3)
1580+21 months and not more than twelve (12) months for a minimum
1581+22 total of hours as follows:
1582+23 (A) An administrator in training who:
1583+24 (i) holds an associate degree, bachelor's degree, master's
1584+25 degree, or doctoral degree; and
1585+26 (ii) has at least two (2) years of long term care
1586+27 experience;
1587+28 shall complete a total of six hundred eighty (680) hours of
1588+29 training, of which two hundred (200) hours may be
1589+30 fulfilled by successfully completing a two hundred (200)
1590+31 hour state approved, specialized course in long term care
1591+32 management.
1592+33 (B) An administrator in training who:
1593+34 (i) holds an associate degree, bachelor's degree, master's
1594+35 degree, or doctoral degree; and
1595+36 (ii) does not have long term care experience;
1596+37 shall complete a total of eight hundred eighty (880) hours
1597+38 of training, of which two hundred (200) hours may be
1598+39 fulfilled by successfully completing a two hundred (200)
1599+40 hour state approved, specialized course in long term care
1600+41 management.
1601+42 (C) An administrator in training who holds a high school
1602+EH 1461—LS 7303/DI 104 37
1603+1 diploma or general educational development (GED)
1604+2 diploma shall complete a total of one thousand forty
1605+3 (1,040) hours of training, of which two hundred (200)
1606+4 hours may be fulfilled by successfully completing a two
1607+5 hundred (200) hour state approved, specialized course in
1608+6 long term care management.
1609+7 (7) Seek and accept instruction and assistance from the
1610+8 preceptor or approved training center.
1611+9 (8) Notify the board on a form prescribed by the board of any
1612+10 change of status or discontinuance of the administrator in
1613+11 training program.
1614+12 (9) Upon completion of the program, provide to the board an
1615+13 affidavit stating the administrator in training has fulfilled the
1616+14 requirements of the program.
1617+15 (b) An administrator in training may not:
1618+16 (1) have been convicted of a crime that has a direct bearing on
1619+17 the administrator in training's ability to practice competently
1620+18 in accordance with IC 25-1-21; and
1621+19 (2) hold a position in the health facility during the hours of the
1622+20 administrator in training program.
1623+21 (c) The board may waive up to thirty percent (30%) of the total
1624+22 required training hours for an administrator in training described
1625+23 in subsection (a)(6)(C) if:
1626+24 (1) the administrator in training has served in a long term
1627+25 care facility department manager position, based upon
1628+26 criteria approved by the board; and
1629+27 (2) the administrator in training's experience described in
1630+28 subdivision (1) is verifiable to the board's satisfaction.
1631+29 (d) Except as provided in subsection (e), an administrator in
1632+30 training may serve up to twenty percent (20%) of the internship in
1633+31 a setting other than the preceptor's facility.
1634+32 (e) An administrator in training in an approved training center
1635+33 may, at the discretion of the approved training center, exceed the
1636+34 twenty percent (20%) limit described in subsection (d).
1637+35 (f) The board may take appropriate action for failure of an
1638+36 administrator in training to comply with this section.
1639+37 SECTION 42. IC 25-19-1-19 IS ADDED TO THE INDIANA
1640+38 CODE AS A NEW SECTION TO READ AS FOLLOWS
1641+39 [EFFECTIVE JULY 1, 2023]: Sec. 19. (a) A student intern seeking
1642+40 licensure as a health facility administrator shall do the following:
1643+41 (1) File a student intern application with the board and be
1644+42 approved before starting the internship program.
1645+EH 1461—LS 7303/DI 104 38
1646+1 (2) Be enrolled in a postsecondary educational institution
1647+2 accredited program.
1648+3 (3) Observe and become familiar with the responsibilities and
1649+4 duties of the university accredited program and student
1650+5 intern.
1651+6 (4) Complete the program before graduation.
1652+7 (5) Seek and accept instruction and assistance from the
1653+8 university accredited program and faculty, including other
1654+9 preceptors or approved training centers.
1655+10 (6) Notify the board on a form prescribed by the board of any
1656+11 change of status or discontinuance of the student internship
1657+12 program.
1658+13 (7) Upon completion of the student internship program,
1659+14 provide to the board an affidavit stating that the student
1660+15 intern has fulfilled the requirements of the program.
1661+16 (b) A student intern in the student internship program:
1662+17 (1) may serve the internship in multiple health facilities;
1663+18 (2) is not required to spend a minimum or maximum amount
1664+19 of time in one (1) health facility; and
1665+20 (3) may not hold a position in the health facility during the
1666+21 hours of the student internship program.
1667+22 (c) The board reserves the right to take appropriate action for
1668+23 failure of a student intern to comply with this section.
1669+24 SECTION 43. IC 25-19-1-20 IS ADDED TO THE INDIANA
1670+25 CODE AS A NEW SECTION TO READ AS FOLLOWS
1671+26 [EFFECTIVE JULY 1, 2023]: Sec. 20. (a) To qualify as a preceptor,
1672+27 an applicant must:
1673+28 (1) be currently licensed as a health facility administrator
1674+29 under this article;
1675+30 (2) be in good standing and not the subject of a disciplinary
1676+31 action by the board;
1677+32 (3) file an application with the board and be approved before
1678+33 serving as the preceptor;
1679+34 (4) complete a board approved educational program;
1680+35 (5) provide to the board, with the administrator in training
1681+36 application, a certificate of completion for a program
1682+37 described in subdivision (4);
1683+38 (6) have the training, knowledge, professional activity, and a
1684+39 facility or organizational setting at the individual's disposal to
1685+40 teach prospective health facility administrator or residential
1686+41 care facility administrators;
1687+42 (7) meet one (1) of the following:
1688+EH 1461—LS 7303/DI 104 39
1689+1 (A) Have active work experience as a health facility
1690+2 administrator for at least two (2) years prior to the date of
1691+3 serving as a preceptor.
1692+4 (B) Be currently employed as a chief executive officer of a
1693+5 continuing care retirement community.
1694+6 (C) Be currently employed as a regional manager for a
1695+7 health facility.
1696+8 (D) Be employed by an administrator in training school.
1697+9 (b) An individual who submits an application to be a preceptor
1698+10 shall file a new application for each administrator in training
1699+11 applicant for whom the preceptor applicant intends to serve as a
1700+12 preceptor.
1701+13 (c) An individual who meets the requirements of this section and
1702+14 is approved as a preceptor by the board shall do the following:
1703+15 (1) Act as a teacher rather than an employer and provide the
1704+16 administrator in training with educational opportunities.
1705+17 (2) Inform the board if an administrator in training presents
1706+18 a problem that may affect the facility's service and operation
1707+19 or the administrator in training program.
1708+20 (3) Notify the board on a form prescribed by the board of a
1709+21 change of status or discontinuance of the administrator in
1710+22 training program.
1711+23 (4) Upon completion of the program, submit to the board an
1712+24 affidavit, as prescribed by the board, stating that the
1713+25 requirements described in section 17 of this chapter have been
1714+26 met.
1715+27 (5) Maintain the records of an administrator in training
1716+28 program for a period of five (5) years and, upon request by
1717+29 the board, allow the board to review the records.
1718+30 (6) Except for a preceptor in an approved training center or
1719+31 as necessary to accommodate a special situation or
1720+32 emergency, spend a majority of the required work hours
1721+33 during normal daytime business hours in the facility where
1722+34 training occurs.
1723+35 (d) Except as provided in subsection (e), a preceptor who serves
1724+36 as an administrator of a licensed comprehensive care facility or
1725+37 residential care facility may not supervise more than two (2)
1726+38 administrators in training at any given time.
1727+39 (e) A preceptor may supervise more than two (2) administrators
1728+40 in training at a given time:
1729+41 (1) if the administrator in training is enrolled in:
1730+42 (A) an approved training center; or
1731+EH 1461—LS 7303/DI 104 40
1732+1 (B) a postsecondary educational institution accredited
1733+2 program; or
1734+3 (2) at the discretion of the board.
1735+4 (f) A preceptor may precept more than two (2) administrators
1736+5 in training but not more than four (4) administrators in training if:
1737+6 (1) the preceptor's sole duty is that of a preceptor; and
1738+7 (2) the preceptor spends at least eight (8) hours per week with
1739+8 each administrator in training.
1740+9 A preceptor shall affirm to the professional licensing agency
1741+10 compliance with this subsection.
1742+11 (g) A preceptor's approval as a preceptor expires when the
1743+12 administrator in training applicant that the preceptor is
1744+13 supervising completes the course of instruction and training
1745+14 prescribed by the board or fails to complete the requirements
1746+15 described in section 18 of this chapter.
1747+16 (h) The board reserves the right to take appropriate action for
1748+17 failure of a preceptor to comply with this section.
1749+18 SECTION 44. IC 25-19-1-21 IS ADDED TO THE INDIANA
1750+19 CODE AS A NEW SECTION TO READ AS FOLLOWS
1751+20 [EFFECTIVE JULY 1, 2023]: Sec. 21. (a) Except as provided in
1752+21 subsection (b), to qualify as a postsecondary educational institution
1753+22 accredited program preceptor, an applicant must demonstrate that
1754+23 the program has faculty members who are currently licensed as
1755+24 health facility administrators under this article to instruct student
1756+25 interns in a health facility in accordance with section 17 of this
1757+26 chapter.
1758+27 (b) A postsecondary educational institution accredited program
1759+28 faculty member who does not provide instruction in a health
1760+29 facility is not required to be a licensed health facility
1761+30 administrator.
1762+31 (c) To serve as a preceptor, a currently licensed health facility
1763+32 administrator who is part of a postsecondary educational
1764+33 institution accredited program's faculty described in subsection
1765+34 (a):
1766+35 (1) must have attended, within the five (5) years prior to
1767+36 becoming a faculty member, a board approved educational
1768+37 preceptor program and provide the university accredited
1769+38 program with a certificate of completion; and
1770+39 (2) may not have any disciplinary action taken by the board
1771+40 against the health facility administrator in the last two (2)
1772+41 years.
1773+42 (d) Each approved postsecondary educational institution
1774+EH 1461—LS 7303/DI 104 41
1775+1 accredited program preceptor shall do the following:
1776+2 (1) Act as a teacher rather than an employer and provide a
1777+3 student intern with educational opportunities.
1778+4 (2) Inform the board if the student intern presents any
1779+5 problems that may affect the facility's service and operation
1780+6 or the student internship program.
1781+7 (3) Notify the board on a form prescribed by the board of any
1782+8 change in status or discontinuance of the student internship
1783+9 program.
1784+10 (4) Upon a student's completion of the program, submit to the
1785+11 board an affidavit, as prescribed by the board, stating that the
1786+12 requirements described in section 17 of this chapter have been
1787+13 met.
1788+14 (5) Maintain the records of student internship programs for
1789+15 a period of five (5) years, and, upon request by the board,
1790+16 allow the board to review the records.
1791+17 (e) A preceptor's approval as a preceptor expires when the
1792+18 student intern that the preceptor is supervising completes the
1793+19 course of instruction and training prescribed by the board or fails
1794+20 to complete the requirements described in section 19 of this
1795+21 chapter.
1796+22 (f) The applicant for approval as a preceptor shall file a new
1797+23 application for each student intern applicant for whom the
1798+24 preceptor applicant desires to serve as a preceptor.
1799+25 (g) The board reserves the right to take appropriate action for
1800+26 failure of a preceptor to comply with the duties enumerated above.
1801+27 SECTION 45. IC 25-19-1-22 IS ADDED TO THE INDIANA
1802+28 CODE AS A NEW SECTION TO READ AS FOLLOWS
1803+29 [EFFECTIVE JULY 1, 2023]: Sec. 22. (a) Except as provided in
1804+30 subsection (b), a licensed health facility administrator shall
1805+31 complete at least forty (40) hours of continuing education during
1806+32 each two (2) year licensing period.
1807+33 (b) A licensed health facility administrator who:
1808+34 (1) is not currently licensed; or
1809+35 (2) has not been previously licensed;
1810+36 as a health facility administrator in another state is not required to
1811+37 complete the continuing education described in subsection (a) for
1812+38 the two (2) year licensing period in which the administrator's
1813+39 initial license was issued.
1814+40 (c) If a licensed health facility administrator attends an
1815+41 approved continuing education program in another state, the
1816+42 administrator shall receive credit for the hours completed at the
1817+EH 1461—LS 7303/DI 104 42
1818+1 program and apply the number of hours to the continuing
1819+2 education requirement described in subsection (a).
1820+3 (d) A licensed health facility administrator must satisfy
1821+4 continuing education credits described in this section by
1822+5 participating in a program offered by an approved organization (as
1823+6 defined in IC 25-1-4-0.2).
1824+7 (e) A continuing education course or accredited postsecondary
1825+8 educational institution course:
1826+9 (1) that is offered by an accredited postsecondary educational
1827+10 institution; and
1828+11 (2) the content of which pertains to the practice of health
1829+12 facility administration;
1830+13 may count toward the continuing education requirement described
1831+14 in subsection (a).
1832+15 (f) A health facility administrator may receive continuing
1833+16 education credit for an accredited college course described in
1834+17 subsection (e) as follows:
1835+18 (1) For one (1) semester hour, the administrator may receive
1836+19 fifteen (15) contact hours.
1837+20 (2) For one (1) quarter hour, the administrator may receive
1838+21 ten (10) contact hours.
1839+22 (g) A licensed health administrator who serves on the board
1840+23 may earn one (1) continuing education credit hour for each hour
1841+24 of service on the board. For each two (2) year licensing period, a
1842+25 licensed health facility administrator may earn not more than
1843+26 twenty (20) hours of continuing education credit for credit earned
1844+27 under this subsection.
1845+28 (h) A health facility administrator may earn two (2) continuing
1846+29 education hours for each month the health facility administrator
1847+30 serves as a preceptor. For each two (2) year licensing period, a
1848+31 licensed health facility administrator may earn not more than
1849+32 twenty (20) hours of continuing education credit for credit earned
1850+33 under this subsection.
1851+34 (i) Continuing education credits earned during one (1) licensing
1852+35 period may not be applied to another licensing period.
1853+36 (j) A licensed health facility administrator may earn continuing
1854+37 education credits described in this section through any of the
1855+38 following:
1856+39 (1) Interactive, synchronous video learning methods.
1857+40 (2) In-person conferences.
1858+41 (3) Educational training sessions.
1859+42 (4) Any other method approved by the board.
1860+EH 1461—LS 7303/DI 104 43
1861+1 SECTION 46. IC 25-19-1-23 IS ADDED TO THE INDIANA
1862+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
1863+3 [EFFECTIVE JULY 1, 2023]: Sec. 23. (a) Except as provided in
1864+4 subsection (b), the board shall approve an application to be a
1865+5 sponsor if a person files an application with the board at least
1866+6 thirty (30) days before the date the continuing education program
1867+7 is scheduled to commence.
1868+8 (b) The board may approve an application that does not meet
1869+9 the thirty (30) day requirement described in subsection (a) due to
1870+10 extenuating circumstances, as determined by the board on a case
1871+11 by case basis.
1872+12 (c) Approval as a sponsor under this section is valid for one (1)
1873+13 year and expires on January 31 of each year.
1874+14 SECTION 47. IC 25-19-1-24 IS ADDED TO THE INDIANA
1875+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
1876+16 [EFFECTIVE JULY 1, 2023]: Sec. 24. (a) The agency shall do the
1877+17 following:
1878+18 (1) Retain a copy of a certificate of completion for a
1879+19 continuing education course described in section 22 of this
1880+20 chapter for three (3) years from the date of the end of the
1881+21 licensing period for which the continuing education credit was
1882+22 applied.
1883+23 (2) Upon request from the board for the purpose of
1884+24 completing a compliance audit, provide the board with a copy
1885+25 of a certificate of completion.
1886+26 (b) An approved continuing education sponsor shall:
1887+27 (1) monitor and verify the attendance of a continuing
1888+28 education program the sponsor hosts;
1889+29 (2) maintain reliable attendance records for a program
1890+30 described in subdivision (1); and
1891+31 (3) retain the records described in subdivision (2) for a period
1892+32 of five (5) years.
1893+33 (c) IC 25-1-4 governs a continuing education audit or action
1894+34 concerning noncompliance with this section.
1895+35 SECTION 48. IC 25-19-1-25 IS ADDED TO THE INDIANA
1896+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
1897+37 [EFFECTIVE JULY 1, 2023]: Sec. 25. 840 IAC 1 and 840 IAC 2 are
1898+38 void effective July 1, 2023. The publisher of the Indiana
1899+39 Administrative Code and the Indiana Register shall remove these
1900+40 provisions from the Indiana Administrative Code. This section
1901+41 expires June 30, 2024.
1902+42 SECTION 49. IC 25-19-2 IS ADDED TO THE INDIANA CODE
1903+EH 1461—LS 7303/DI 104 44
1904+1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1905+2 JULY 1, 2023]:
1906+3 Chapter 2. Facility Administration
1907+4 Sec. 1. This chapter applies to a health facility administrator or
1908+5 a residential care administrator licensed under this article.
1909+6 Sec. 2. The definitions of IC 25-19-1 apply to this chapter.
1910+7 Sec. 3. A health facility administrator or a residential care
1911+8 administrator shall do the following:
1912+9 (1) Review and consider for implementation at the health
1913+10 facility or the residential care facility the administrator
1914+11 oversees recommendations contained in various reports to
1915+12 maintain or improve resident care and quality of life.
1916+13 (2) Implement standards of accountability at the health
1917+14 facility or residential care facility, and hold the individuals
1918+15 who oversee each department within the facility accountable
1919+16 for the performance of each individual's department.
1920+17 Sec. 4. A health facility administrator or a residential care
1921+18 administrator shall develop and administer the following facility
1922+19 policies:
1923+20 (1) Resident care policies to:
1924+21 (A) ensure the health, safety, welfare, and rights of facility
1925+22 residents;
1926+23 (B) govern continuing resident care, including medical care
1927+24 and other related services provided to residents;
1928+25 (C) provide the highest practicable mental, physical, and
1929+26 psychosocial well being for each resident in a healthy, safe,
1930+27 and home like environment;
1931+28 (D) evaluate the quality of resident care, resident rights,
1932+29 and quality of life;
1933+30 (E) identify facility strengths and weaknesses;
1934+31 (F) implement measures to improve identified strengths
1935+32 and weaknesses, evaluate progress, and institute
1936+33 appropriate follow up procedures;
1937+34 (G) protect the personal funds and property of residents;
1938+35 and
1939+36 (H) ensure residents are not subject to sexual abuse,
1940+37 physical abuse, mental abuse, corporal punishment,
1941+38 exploitation, neglect, or involuntary seclusion.
1942+39 (2) Facility personnel management policies that:
1943+40 (A) define job responsibilities of personnel and the
1944+41 performance appraisal process;
1945+42 (B) emphasize the importance of resident satisfaction;
1946+EH 1461—LS 7303/DI 104 45
1947+1 (C) promote job satisfaction, commitment to quality care,
1948+2 and resident rights by ensuring a program for the
1949+3 recruitment, hiring, retention, training, and development
1950+4 of competent facility personnel is in place; and
1951+5 (D) ensure a sufficient number of personnel are present
1952+6 and have the ability to attain and maintain the highest
1953+7 practicable level of physical, mental, and psychosocial
1954+8 wellbeing for each resident.
1955+9 (3) Regulatory management policies concerning compliance
1956+10 with applicable local, state, and federal laws and regulations,
1957+11 including:
1958+12 (A) protecting residents and facility personnel from
1959+13 discrimination;
1960+14 (B) protecting resident records from unauthorized
1961+15 disclosure of confidential information;
1962+16 (C) preventing the payment, the offer of payment, or other
1963+17 valuable consideration to a person or organization outside
1964+18 the facility for admissions; and
1965+19 (D) timely correcting any deficiencies that are identified by
1966+20 the Indiana department of health.
1967+21 (4) Financial management policies that:
1968+22 (A) require the health facility administrator or residential
1969+23 care administrator to work with the governing body of the
1970+24 facility, the owner of the facility, or both to plan,
1971+25 implement, and evaluate an integrated financial program
1972+26 for the facility to ensure compliance with applicable local,
1973+27 state, and federal laws and regulations, and quality of
1974+28 resident care and life;
1975+29 (B) evaluate the impact that the budget has on quality of
1976+30 resident care and life; and
1977+31 (C) require the health facility administrator or residential
1978+32 care administrator to share the impact described in clause
1979+33 (B) with the governing body of the facility or residential
1980+34 care facility, the owner of the facility, or both.
1981+35 (5) Environmental management policies to implement and
1982+36 evaluate a program of environmental services that:
1983+37 (A) ensures the health facility, including the equipment and
1984+38 grounds of the facility, are maintained in a manner that
1985+39 protects the health, safety, welfare, and rights of residents,
1986+40 the families of residents, facility personnel and staff, and
1987+41 other individuals; and
1988+42 (B) provides a clean and attractive home like environment
1989+EH 1461—LS 7303/DI 104 46
1990+1 for residents.
1991+2 SECTION 50. IC 35-52-25-15 IS REPEALED [EFFECTIVE JULY
1992+3 1, 2023]. Sec. 15. IC 25-16-1-18 defines a crime concerning
1993+4 employment services.
1994+5 SECTION 51. [EFFECTIVE UPON PASSAGE] (a) As used in this
1995+6 SECTION, "state department" refers to the Indiana department
1996+7 of health.
1997+8 (b) The state department shall begin development and
1998+9 establishment of the temporary health care services agency
1999+10 registration set forth in IC 16-52, as added by this act, in a manner
2000+11 that allows for the registration to go into effect on July 1, 2023. The
2001+12 state department shall develop application forms, publish the
2002+13 forms on the state department's website, establish application fees,
2003+14 set forth requirements for registration, and any other action
2004+15 necessary for implementation of IC 16-52, as added by this act, on
2005+16 July 1, 2023.
2006+17 (c) This SECTION expires December 31, 2023.
2007+18 SECTION 52. An emergency is declared for this act.
2008+EH 1461—LS 7303/DI 104 47
2009+COMMITTEE REPORT
2010+Mr. Speaker: Your Committee on Public Health, to which was
2011+referred House Bill 1461, has had the same under consideration and
2012+begs leave to report the same back to the House with the
2013+recommendation that said bill be amended as follows:
2014+Page 6, line 1, delete "has" and insert "provides".
2015+Page 6, line 2, delete "completed training approved by the office to
2016+provide".
2017+Page 9, line 7, delete "The office shall, on a quarterly basis,
2018+calculate and publish" and insert "Beginning May 15, 2024, and each
2019+May 15 thereafter, the office shall calculate and publish the
2020+average nursing facility reimbursement rate for Indiana that will
2021+go into effect July 1 of that year.".
2022+Page 9, line 8, delete "the average nursing facility reimbursement
2023+rate for Indiana.".
2024+Page 11, delete lines 13 through 22.
2025+Page 11, line 31, delete "be at least twenty-one (21) years of age and
2026+at" and insert "meet the requirements set forth in IC 25-19-1-26.".
2027+Page 11, delete lines 32 through 33.
2028+Page 12, between lines 9 and 10, begin a new line block indented
2029+and insert:
2030+"(7) The email address of the administrator.
2031+(8) The name of the previous administrator.
2032+(9) The previous administrator's last date of employment.".
2033+Page 12, delete lines 31 through 42, begin a new a new paragraph
2034+and insert:
2035+"SECTION 20. IC 16-28-3-1 IS AMENDED TO READ AS
2036+FOLLOWS: Sec. 1. (a) The director may initiate a proceeding to issue
2037+a probationary license or to revoke a license issued under this article on
2038+any of the following grounds:
3922039 (1) Breach of this article or rules adopted under this article.
3932040 (2) Permitting, aiding, or abetting the commission of an act in the
3942041 health facility or on the health facility's premises that is
3952042 determined by a court to be illegal.
3962043 (3) Conduct or practice found by the director to be detrimental to
3972044 the welfare of the patients at the health facility.
3982045 (4) Employing consecutively more than one (1) health facility
3992046 administrator provisionally licensed under IC 25-19-1-3(b)
4002047 IC 25-19-1-3(c) during any twelve (12) month period.
4012048 (b) The procedure governing an action taken under subsection (a)
4022049 is governed by:
2050+EH 1461—LS 7303/DI 104 48
4032051 (1) IC 4-21.5-3-8; or
4042052 (2) IC 4-21.5-4.
405-SECTION 17. IC 16-29-7-1, AS ADDED BY P.L.202-2018,
2053+SECTION 21. IC 16-29-7-1, AS ADDED BY P.L.202-2018,
4062054 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4072055 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
4082056 (1) A replacement comprehensive care health facility located in
4092057 the same county as the original comprehensive care health
4102058 facility, if the replacement comprehensive care health facility
4112059 meets the following:
4122060 (A) The replacement comprehensive care health facility does
4132061 not add any additional comprehensive care beds that were not
4142062 contained in the original comprehensive care health facility
4152063 unless additional beds are obtained from another
4162064 comprehensive care health facility in the same county as
4172065 provided for in subdivision (3).
4182066 (B) The original comprehensive care health facility that is
4192067 being replaced by the replacement comprehensive care health
4202068 facility will no longer be licensed as a comprehensive care
4212069 health facility not later than sixty (60) days after the
422-HEA 1461 — Concur 11
4232070 replacement comprehensive care health facility obtains a
4242071 health facility license from the state department.
4252072 (2) A comprehensive care health facility:
4262073 (A) constructing a new addition for the existing
4272074 comprehensive care health facility; or
4282075 (B) modifying or altering the structure of the existing
4292076 comprehensive care health facility;
4302077 if the construction, modification, or alteration does not add one
4312078 (1) or more new comprehensive care beds from outside of the
4322079 county to the existing comprehensive care health facility.
4332080 However, a comprehensive care health facility adding, modifying,
4342081 or altering the facility's structure under this subdivision may add
4352082 beds from within the same county as provided for in subdivision
4362083 (3).
4372084 (3) A comprehensive care health facility that transfers any of the
438-comprehensive care health facility's comprehensive care beds,
439-including the Medicaid certification status of the comprehensive
440-care beds, to another comprehensive care health facility in the
441-same county, regardless of whether there is common ownership
442-between the comprehensive care health facilities. A transfer of
443-comprehensive care beds under this subdivision must equally
444-reduce the count of licensed comprehensive care beds in the
445-transferring facility and increase the count of licensed
446-comprehensive care beds in the receiving facility. A
447-comprehensive care health facility that transfers any of the
448-facility's comprehensive care beds shall reduce the facility's
449-count of licensed comprehensive care beds by the number of
450-beds that are transferred. The receiving facility may increase
451-any of the following:
452-(A) The count of licensed comprehensive care beds.
453-(B) The number of beds that are Medicaid certified.
2085+comprehensive care health facility's comprehensive care beds
2086+including or the Medicaid certification status of the
2087+comprehensive care beds, to another comprehensive care health
2088+facility in the same county, regardless of whether there is common
2089+ownership between the comprehensive care health facilities. A
2090+transfer of comprehensive care beds or the Medicaid
2091+certification status under this subdivision must equally reduce
2092+the count of licensed comprehensive care beds or the Medicaid
2093+EH 1461—LS 7303/DI 104 49
2094+certification status in the transferring facility and increase the
2095+count of licensed comprehensive care beds or the Medicaid
2096+certification status in the receiving facility.
4542097 (4) A comprehensive care bed that is:
4552098 (A) owned, operated, or sponsored by a religious organization
4562099 that:
4572100 (i) is an Indiana nonprofit corporation;
4582101 (ii) was, before December 31, 2017, exempt from adjusted
4592102 gross income taxation under IC 6-3-2-2.8 by virtue of the
4602103 nonprofit organization's religious organization status;
4612104 (iii) is operated for bona fide religious purposes; and
4622105 (iv) is not controlled, owned, or operated by a hospital
4632106 licensed under IC 16-21-2; or
4642107 (B) owned or operated by an Indiana nonprofit corporation that
465-HEA 1461 — Concur 12
4662108 is owned by a religious organization described in clause (A);
4672109 if the majority of the comprehensive care beds are used to serve
4682110 members of the religious organization.
4692111 (5) Comprehensive care beds that are owned, operated, or
4702112 sponsored by a fraternal organization that:
4712113 (A) was, before December 31, 2017, exempt from adjusted
4722114 gross income taxation under IC 6-3-2-2.8 by virtue of the
4732115 fraternal organization's status as a fraternal organization; and
4742116 (B) is owned, operated, or sponsored by a health facility
4752117 licensed under this article before December 31, 2017;
4762118 if the majority of the comprehensive care beds are used to serve
4772119 members of the fraternal organization.
4782120 (6) Subject to section 16 of this chapter, a small house health
4792121 facility that is applying to the state department for licensure or
4802122 Medicaid certification for not more than fifty (50) comprehensive
4812123 care beds for small house health facilities per year, including an
4822124 entity related to the small house health facility through common
4832125 ownership or control.
4842126 (7) A continuing care retirement community that:
4852127 (A) was registered under IC 23-2 before July 1, 2008;
4862128 (B) continuously maintains the registration under IC 23-2; and
4872129 (C) needs additional comprehensive care beds for purposes of
4882130 fulfilling a continuing care contract.
4892131 If a continuing care retirement community fails to maintain
4902132 registration under IC 23-2, the comprehensive care beds,
4912133 including beds certified for use in the state Medicaid program or
4922134 the Medicare program, that the continuing care retirement
4932135 community previously operated are not forfeited as long as the
2136+EH 1461—LS 7303/DI 104 50
4942137 continuing care retirement community continues to comply with
4952138 the licensure and certification requirements of IC 16-28.
4962139 (b) Except as provided in subsections (c) and (d), the
4972140 comprehensive care beds exempt from this chapter under subsection
4982141 (a)(4) and (a)(5) may not be sold, leased, or otherwise conveyed to any
4992142 person for at least twenty (20) years from the date the comprehensive
5002143 care bed is licensed. A person that violates this subsection may not
5012144 participate as a provider in the state Medicaid program.
5022145 (c) Subsection (b) does not prohibit the sale, lease, or conveyance
5032146 of comprehensive care beds by a religious organization described in
5042147 subsection (a)(4) to:
5052148 (1) another religious organization described in subsection
5062149 (a)(4)(A); or
5072150 (2) an Indiana nonprofit corporation that is owned by a religious
508-HEA 1461 — Concur 13
5092151 organization described in subsection (a)(4)(A).
5102152 However, a majority of the comprehensive care beds sold, leased, or
5112153 conveyed under this subsection must be used to serve members of
5122154 either the religious organization or the religious organization's
5132155 nonprofit corporation to which the comprehensive care beds are sold,
5142156 leased, or conveyed.
5152157 (d) Subsection (b) does not prohibit the sale, lease, or conveyance
5162158 of comprehensive care beds described in subsection (a)(5) to another
5172159 fraternal organization described in subsection (a)(5). However, a
5182160 majority of the comprehensive care beds sold, leased, or conveyed
5192161 under this subsection must be used to serve members of the fraternal
520-organization to which the beds are sold, leased, or conveyed.
521-SECTION 18. IC 16-52 IS ADDED TO THE INDIANA CODE AS
522-A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
523-2023]:
524-ARTICLE 52. TEMPORARY HEALTH CARE SERVICES
525-AGENCIES
526-Chapter 1. Definitions
527-Sec. 1. As used in this article, "director" refers to the director
528-of the division of consumer protection appointed under IC 4-6-9-2.
529-Sec. 2. As used in this article, "division" refers to the division of
530-consumer protection created by IC 4-6-9-1.
531-Sec. 3. As used in this article, "health care facility" includes the
532-following:
533-(1) A housing with services establishment (as defined in
534-IC 12-10-15-3).
535-(2) A private mental health institution licensed under
536-IC 12-25.
537-(3) An ambulatory outpatient surgical center licensed under
538-IC 16-21-2.
539-(4) A hospital licensed under IC 16-21-2.
540- (5) A hospice program licensed under IC 16-25-3.
541-(6) A home health agency licensed under IC 16-27-1.
542-(7) A health facility licensed under IC 16-28-2 or IC 16-28-3.
543-(8) A child caring institution or group home licensed under
544-IC 31-27.
545-Sec. 4. (a) As used in this article, "health care personnel" means
546-the following:
547-(1) A nurse aide (as defined in IC 16-28-13-1).
548-(2) A registered nurse or licensed practical nurse licensed
549-under IC 25-23.
550-(3) An advanced practice registered nurse licensed under
551-HEA 1461 — Concur 14
552-IC 25-23.
553-(4) A qualified medication aide certified under IC 16-28-1-11.
554-(5) A home health aide.
555-(6) A physician assistant licensed under IC 25-27.5.
556-(7) Except as provided in subsection (b), any other individual
557-licensed or authorized by the state to provide health care or
558-professional services to residents or patients of a health care
559-facility.
560-(b) The term does not include a physician licensed under
561-IC 25-22.5.
562-Sec. 5. (a) As used in this article, "temporary health care
563-services agency" means a person engaged for hire in the business
564-of providing or procuring temporary employment in health care
565-facilities for health care personnel.
566-(b) The term does not include an individual who only engages on
567-the individual's own behalf to provide services on a temporary
568-basis to health care facilities.
569-Chapter 2. Registration
570-Sec. 1. (a) The state department shall establish a temporary
571-health care services agency registry.
572-(b) The state department shall develop an application for the
573-registry that at least requires the applicant to provide the
574-following:
575-(1) The name and addresses of each person that has an
576-ownership interest in the temporary health care services
577-agency.
578-(2) If the owner is a corporation or other business entity:
579-(A) the name of the state in which the business is
580-incorporated, a copy of the articles of incorporation or
581-association or similar documentation, and any
582-amendments or bylaws;
583-(B) the location of its principal place of business; and
584-(C) the names and addresses of its directors and officers.
585-(3) A schedule or description of all fees, charges, or
586-commissions that the temporary health care services agency
587-expects to charge and collect for services.
588-(c) Except as provided in subsection (e), the state department
589-shall establish and collect an annual registration fee of at least one
590-hundred fifty dollars ($150) for the registry. Fees collected under
591-this chapter shall be paid to the state general fund.
592-(d) If a temporary health care services agency changes the
593-agency's schedule or description of fees, charges, or commissions
594-HEA 1461 — Concur 15
595-that were submitted under subsection (b)(3), the temporary health
596-care services agency shall file the changes with the state
597-department at least thirty (30) days before the changes are set to
598-be effective.
599-(e) The state department may waive the registration fee under
600-subsection (c) for a charitable and benevolent organization or
601-association, as determined by the state department and in
602-consultation with the division of family resources.
603-Sec. 2. (a) A person that owns or operates a temporary health
604-care services agency shall:
605-(1) register annually with; and
606-(2) provide a list of each location to;
607-the state department in the manner prescribed by the state
608-department.
609-(b) A registration under this chapter is valid for one (1) year
610-from the date of issuance. However, if a temporary health care
611-services agency is sold or ownership is transferred, the registration
612-is void and the new owner shall apply for registration under this
613-chapter.
614-Sec. 3. (a) Upon request by the state department, a person that
615-owns or operates a temporary health care services agency shall
616-provide to the state department a copy of all forms and contracts
617-related to the fees, charges, or commissions expected to be collected
618-by the temporary health care services agency from health care
619-personnel or a health care facility.
620-(b) Records provided to the state department under subsection
621-(a) are not subject to disclosure under IC 5-14-3.
622-Chapter 3. Requirements
623-Sec. 1. (a) A temporary health care services agency shall do the
624-following:
625-(1) Upon written request to an officer of the temporary health
626-care services agency, provide the following to a health care
627-facility for any health care personnel supplied by the agency:
628-(A) Documentation that each health care personnel meets
629-all licensing or certification requirements for the
630-profession in which the health care personnel will be
631-working.
632-(B) Proof of applicable criminal record checks for each
633-health care personnel if required by law.
634-(2) Comply with any requirement relating to the health and
635-other qualifications of a health care personnel employed or
636-contracted to provide services in a health care facility.
637-HEA 1461 — Concur 16
638-(3) Bill a health care facility not later than three (3) months
639-from the date of services rendered for any services provided
640-by:
641-(A) the temporary health care services agency to the health
642-care facility; or
643-(B) an applicant referred by the temporary health care
644-services agency to and approved by the health care facility
645-for the performance of health care personnel's services
646-that are billed by the agency.
647-However, a health care facility and a temporary health care
648-services agency may contract for billing to occur in a time
649-frame that is less than three (3) months and the temporary
650-health care services agency shall comply with the agreed upon
651-time frame.
652-(4) Carry a dishonesty bond of at least ten thousand dollars
653-($10,000) for health care personnel provided or procured by
654-the temporary health care services agency.
655-(5) Maintain insurance coverage for worker's compensation
656-for each health care personnel provided or procured by the
657-temporary health care services agency.
658-(6) Retain all records for at least five (5) years in a manner
659-that allows the records to be immediately available to the
660-state department for inspection to determine compliance with
661-this article.
662-(b) A temporary health care services agency may not do the
663-following:
664-(1) Restrict in any manner the employment opportunities of
665-health care personnel.
666-(2) Publish, cause to be published, or verbally make any false,
667-fraudulent, or misleading notice, advertisement, or statement,
668-or give any false or misleading information to a health care
669-facility concerning any health care personnel or the health
670-care personnel's qualifications to provide services to the
671-health care facility.
672-(3) Recruit potential health care personnel on the premises of
673-a health care facility.
674-(4) Require, as a condition of employment, assignment, or
675-referral, that health care personnel recruit new health care
676-personnel for the temporary health care services agency from
677-the permanent employees of the health care facility to which
678-the health care personnel was employed, assigned, or referred.
679-(5) Send any applicant or collect any fee from an applicant
680-HEA 1461 — Concur 17
681-before obtaining or securing an order for the employment or
682-position for the temporary performance of services.
683-Sec. 2. (a) Before a temporary health care services agency may
684-refer a health care personnel to a health care facility, the
685-temporary health care services agency shall do the following:
686-(1) Make inquiries concerning health care personnel,
687-including the following:
688-(A) Ensuring that the health care personnel meets the
689-licensing, certification, or registration requirements for the
690-profession for which the health care personnel is to be
691-referred.
692-(B) Determining if any discipline, such as revocation,
693-suspension, probation, or a fine, has been taken against the
694-health care personnel's license, certification, or
695-registration, including any license, certificate, or
696-registration that is active, inactive, retired, or expired,
697-including in another state or jurisdiction.
698- (2) Check all professional registries that the temporary health
699-care services agency has reason to believe contain information
700-on the health care personnel, including other states and
701-jurisdictions.
702-(3) Comply with any federal or state statute or regulation
703-concerning the qualifications for a health care facility to
704-engage or employ the health care personnel, including
705-performing:
706-(A) criminal background checks; and
707-(B) health screening or tests required by 410
708-IAC 16.2-3.1-14(t) and 410 IAC 16.2-5-1.4(f).
709-(b) A temporary health care services agency shall, not later than
710-seven (7) days of becoming aware, notify the state department and
711-the office of the attorney general in writing of any circumstance
712-concerning a health care personnel referred by the temporary
713-health care service agency that threatens the welfare, safety, or
714-health of the public, including the following:
715-(1) Diversion of a legend drug or controlled substance.
716-(2) Conviction of a crime, except traffic related misdemeanors
717-other than operating a motor vehicle under the influence of a
718-drug or alcohol.
719-(3) Abuse of a patient.
720-(4) Engagement in sexual contact with a patient.
721-(5) Disciplinary action in another state or jurisdiction.
722-(6) A violation of the health care personnel's standard of
723-HEA 1461 — Concur 18
724-practice set forth in IC 25-1-9-4.
725-Sec. 3. The delegation of any authority or requirement by the
726-temporary health care services agency does not exempt the
727-temporary health care service agency from the requirements set
728-forth in this chapter.
729-Sec. 4. (a) If a health care personnel fails, through no fault of the
730-health care personnel, to obtain employment or the position from
731-the health care facility to which the temporary health care services
732-agency referred the health care personnel, the temporary health
733-care services agency shall, upon request, refund the full amount the
734-health care personnel paid to the temporary health care services
735-agency for the referral. However, the health care personnel is not
736-eligible for a refund from the temporary health care services
737-agency if the health care personnel leaves or abandons the
738-employment or position without reasonable cause.
739-(b) In addition to the payment under subsection (a), if a
740-temporary health care services agency refers a health care
741-personnel to a health care facility and no employment or service
742-existed, the temporary health care services agency shall pay the
743-health care personnel not later than five (5) days after demand, the
744-amount of the health care personnel's transportation to and from
745-the health care facility and other reasonable expenses.
746-Sec. 5. The state department may adopt rules under IC 4-22-2
747-necessary to implement and administer this article.
748-Chapter 4. Complaints; Violations
749-Sec. 1. (a) Any individual may file a complaint against a
750-temporary health care services agency in writing with the division.
751- (b) The division is responsible for investigating a complaint
752-against a temporary health care services agency filed under
753-subsection (a) in accordance with IC 4-6-9-4.5.
754-(c) If the division determines that a complaint is substantiated,
755-the division shall inform the state department and the state
756-department shall:
757-(1) oversee any negotiations between the parties of the
758-complaint; and
759-(2) determine any proper action to take against the temporary
760-health care services agency for a violation under this article.
761-Sec. 2. (a) The state department may issue an order of
762-compliance, impose a civil penalty, or refuse to issue a registration
763-to a temporary health care services agency or a person that owns
764-or operates a temporary health care services agency for any of the
765-following reasons:
766-HEA 1461 — Concur 19
767-(1) Failing to obtain or maintain a registration as required by
768-this article.
769-(2) Violating a provision of this article.
770-(3) Failing to take immediate action to remedy a violation of
771-this article.
772-(4) Engaging in fraud or deceit in obtaining or attempting to
773-obtain a registration.
774-(5) Lending the temporary health care service agency's
775-registration to another person.
776-(6) Enabling another person to manage or operate the
777-temporary health care services agency that is not subject to
778-the temporary health care service agency's registration.
779-(7) Using the temporary health care service agency
780-registration of another person or in any way knowingly aiding
781-or abetting the improper granting of a registration.
782-(8) Violating an order previously issued by the state
783-department in a disciplinary matter.
784-(9) Continuing operating a temporary health care services
785-agency after June 30, 2023, without complying with this
786-article.
787-(10) Engaging in fraud or deception of those seeking
788-employment or of a health care facility.
789-(11) Billing a health care facility with fees, charges, and
790-commissions for health care personnel in excess of the
791-schedule of fees, charges, and commissions submitted by the
792-temporary health care services agency to the state
793-department.
794-(12) Violating any other rules adopted by the state
795-department under IC 4-22-2 that specify a requirement that
796-must be met by a temporary health care services agency in
797-order to be registered under this article.
798-(b) The state department may impose any of the following for a
799-violation of subsection (a):
800-(1) Deny the application for a registration or renewal of a
801-registration under this article.
802-(2) Revoke, suspend, restrict, or otherwise limit a registration
803-under this article.
804-(3) Impose a civil penalty of not more than five thousand
805-dollars ($5,000) for each incident in which a temporary health
806-care services agency engages in conduct prohibited under
807-subsection (a).
808-(4) Stay enforcement of any revocation, suspension,
809-HEA 1461 — Concur 20
810-restriction, or other limitation under subdivision (2) or any
811-other discipline and place the temporary health care services
812-agency on probation with the state department having the
813-right to vacation the probationary order for noncompliance
814-with provisions under this article.
815-Sec. 3. (a) If the registration of a temporary health care services
816-agency has been revoked by the state department, the person that
817-owns or operates the temporary health care services agency may
818-not apply for reinstatement of the registration for at least five (5)
819-years after the date of the revocation of the registration.
820-(b) After five (5) years described in subsection (a), the person
821-that owns or operates a temporary health care services agency may
822-submit a petition to the state department for a new registration.
823-The petition must include facts to establish that the temporary
824-health care services agency has been rehabilitated and the issuance
825-of a new registration is not contrary to the public interest.
826-(c) The state department may grant a petition submitted under
827-subsection (b) without conducting a hearing after the state
828-department reviews the facts submitted with the petition. If the
829-state department approves the petition, the state department shall
830-issue the registration and the temporary health care services
831-agency shall comply with this article.
832-(d) If the state department denies the petition submitted under
833-subsection (b) after the state department reviews the facts
834-submitted with the petition, the temporary health care services
835-agency may not submit a new petition for at least one (1) year from
836-the date of the denial.
837-SECTION 19. IC 25-0.5-1-8, AS ADDED BY P.L.3-2014,
838-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
839-JULY 1, 2023]: Sec. 8. IC 25-1-1.1-4 applies to an individual licensed
840-or certified under IC 25-19 (health facility and residential care facility
841-administrators).
842-SECTION 20. IC 25-16 IS REPEALED [EFFECTIVE JULY 1,
843-2023]. (Employment Services).
844-SECTION 21. IC 25-19-1-1 IS AMENDED TO READ AS
2162+organization to which the beds are sold, leased, or conveyed.".
2163+Delete pages 13 through 14.
2164+Page 15, delete lines 1 through 10.
2165+Page 22, delete lines 33 through 42, begin a new paragraph and
2166+insert:
2167+"SECTION 26. IC 25-19-1-1 IS AMENDED TO READ AS
8452168 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) As used in this
846-chapter, "administrator in training" means an individual who:
2169+chapter, "administrator in training" means a an individual who:
8472170 (1) has registered with the board before starting an
8482171 administrator in training program;
8492172 (2) desires to become involved in a professional health care
8502173 training program; and
8512174 (3) meets any other criteria established by the board.
852-HEA 1461 — Concur 21
8532175 (b) As used in this chapter, "administrator in training program"
8542176 means an internship program that:
8552177 (1) provides a continuous educational experience in a health
8562178 facility approved by the board; and
2179+EH 1461—LS 7303/DI 104 51
8572180 (2) is administered under the supervision of:
8582181 (A) an individual preceptor; or
8592182 (B) training center;
8602183 approved by the board.
8612184 (c) As used in this chapter, "agency" refers to the Indiana
8622185 professional licensing agency.
8632186 (d) As used in this chapter, "board" refers to the Indiana state board
8642187 of health facility administrators.
8652188 (b) (e) As used in this chapter, "health facility administrator" means
8662189 a natural person who administers, manages, supervises, or is in general
8672190 administrative charge of a licensed health facility whether such
8682191 individual has an ownership interest in the health facility and whether
8692192 the person's functions and duties are shared with one (1) or more
8702193 individuals.
8712194 (c) (f) As used in this chapter, "health facility" means any institution
8722195 or facility defined as such for licensing under IC 16-28 and classified
8732196 into care categories by rules adopted under IC 16-28.
8742197 (g) As used in this chapter, "postsecondary educational
8752198 institution accredited program" means a postsecondary
8762199 educational institution that:
8772200 (1) offers a degree in health facility administration;
8782201 (2) is accredited by the National Association of Long Term
8792202 Care Administrator Boards; and
880-(3) is approved by the board to oversee and manage an
2203+(3) approved by the board to oversee and manage an
8812204 administrator in training program.
8822205 (h) As used in this chapter, "practice of health facility
8832206 administration" means the practice of an individual who is
8842207 designated by the legal owner of a health facility to operate a
8852208 health facility, including:
8862209 (1) planning;
8872210 (2) organizing;
8882211 (3) developing;
8892212 (4) directing; or
8902213 (5) controlling;
8912214 a health facility.
8922215 (i) As used in this chapter, "preceptor" means any of the
8932216 following:
8942217 (1) An individual who meets the requirements set forth in
895-HEA 1461 — Concur 22
8962218 section 20 of this chapter.
8972219 (2) A training center.
8982220 (3) A postsecondary educational institution that is:
8992221 (A) accredited by the National Association of Long Term
2222+EH 1461—LS 7303/DI 104 52
9002223 Care Administrator Boards; and
9012224 (B) approved by the board to oversee and manage an
9022225 administrator in training program.
903-(j) As used in this chapter, "residential care administrator"
904-means an individual who:
905-(1) administers;
906-(2) manages;
907-(3) supervises; or
908-(4) is in general administrative charge of;
909-a residential care facility.
910-(k) As used in this chapter, "residential care facility" has the
911-meaning set forth in IC 16-18-2-317.7.
912-(l) As used in this chapter, "sponsor" means a sponsor of
2226+(j) As used in this chapter, "sponsor" means a sponsor of
9132227 continuing education programs for health facility administrators.
914-(m) As used in this chapter, "student intern" refers to an
2228+(k) As used in this chapter, "student intern" refers to an
9152229 individual who is:
9162230 (1) enrolled in a bachelor or masters degree program at a
9172231 university that is accredited by the National Association of
9182232 Long term Care Administrator Boards; and
919-(2) participating in a student internship.
920-(n) As used in this chapter, "student internship" means an
2233+(2) participating in an student internship.
2234+(l) As used in this chapter, "student internship" means an
9212235 educational experience that:
9222236 (1) occurs at a health facility or multiple health facilities;
9232237 (2) is part of a bachelor or masters degree program at a
9242238 postsecondary educational institution that is accredited by the
9252239 National Association of Long term Care Administrator
9262240 Boards; and
9272241 (3) is administered under the supervision of a preceptor.
928-(o) As used in this chapter, "training center" means an
2242+(m) As used in this chapter, "training center" means an
9292243 educational center that is approved by the board to oversee and
9302244 manage an administrator in training program.
931-SECTION 22. IC 25-19-1-2.5 IS ADDED TO THE INDIANA
932-CODE AS A NEW SECTION TO READ AS FOLLOWS
933-[EFFECTIVE JULY 1, 2023]: Sec. 2.5. (a) An individual seeking
934-licensure as a residential care administrator must:
935-(1) be at least twenty-one (21) years of age;
936-(2) have obtained at least a high school diploma or its
937-equivalent;
938-HEA 1461 — Concur 23
939-(3) submit to a national criminal history background check,
940-as required by IC 25-0.5-1-8;
941-(4) achieve a passing score, as prescribed by the board, on the
942-state jurisprudence examination; and
943-(5) meet one (1) of the following:
944-(A) Be a licensed health facility administrator or a
945-registered, certified, or licensed health care practitioner
946-under IC 16 or IC 25.
947-(B) Have at least one (1) year of management experience:
948-(i) in health care;
949-(ii) in housing;
950-(iii) in hospitality; or
951-(iv) providing services that are similar to services
952-described in items (i) through (iii) to individuals who are
953-elderly.
954-(C) Possess an associate's degree in gerontology or health
955-care.
956-(D) Possess a bachelor's degree or higher degree from an
957-accredited postsecondary educational institution.
958-(E) Complete a one hundred (100) hour specialized course
959-in residential care facility administration that is approved
960-by the board.
961-(b) An applicant must meet the requirements in subsection
962-(a)(1) through (a)(3) and subsection (a)(5) before the applicant may
963-take the state jurisprudence examination.
964-(c) The board may issue a residential care administrator license
965-to an individual who meets the requirements of this section.
966-(d) Except as provided in subsection (e), for each two (2) year
967-license period, a licensed residential care administrator shall
968-complete at least twenty (20) hours of continuing education that
969-include education on:
970-(1) promoting resident dignity, independence,
971-self-determination, privacy, choice, and rights;
972-(2) building safety, fire prevention, and disaster response;
973-(3) preventing and containing infectious diseases, including
974-hygiene protocols;
975-(4) preventing and reporting abuse and neglect of residents;
976-and
977-(5) assisting residents with daily activities.
978-(e) A licensed residential care administrator who holds an active
979-health facility administrator license is not required to complete the
980-continuing education requirements described in subsection (d).
981-HEA 1461 — Concur 24
982-However, a residential care administrator described in this
983-subsection shall complete any continuing education requirements
984-for the residential care administrator's health facility
985-administrator license.
986-SECTION 23. IC 25-19-1-3 IS AMENDED TO READ AS
2245+SECTION 27. IC 25-19-1-3 IS AMENDED TO READ AS
9872246 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The board may
9882247 issue licenses to qualified persons as health facility administrators. and
9892248 shall establish qualification criteria for health facility administrators.
9902249 The board shall adopt rules establishing standards for the competent
9912250 practice of a health facility administrator.
9922251 (b) A person who applies to the board to practice as a health facility
9932252 administrator must:
9942253 (1) not have been convicted of a crime that has a direct bearing on
9952254 the person's ability to practice competently in accordance with
9962255 IC 25-1-21;
9972256 (2) have:
9982257 (A) satisfactorily completed a course of instruction and
9992258 training prescribed by the board, which course shall be so
10002259 designed as to content and so administered as to present
10012260 sufficient knowledge of the needs properly to be served by
10022261 health facilities, laws governing the operation of health
10032262 facilities and the protection of the interests of patients therein,
10042263 and the elements of good health facilities administration; or
10052264 (B) presented evidence satisfactory to the board of sufficient
2265+EH 1461—LS 7303/DI 104 53
10062266 education, training, or experience in the foregoing fields to
10072267 administer, supervise, and manage a health facility; and
10082268 (3) have passed an examination administered by the board and
10092269 designed to test for competence in the subject matter referred to
10102270 in subdivision (2).
1011-(2) successfully complete an administrator in training
2271+(2) hold an approved National Association of Long Term Care
2272+Administrator Board health services executive license and be
2273+in good standing;
2274+(3) successfully complete an administrator in training
10122275 program;
1013-(3) achieve a passing score, as determined by the board, on a
2276+(4) achieve a passing score, as determined by the board, on a
10142277 state jurisprudence examination described in section 3.2 of
1015-this chapter;
1016-(4) successfully complete the national examination; and
2278+this chapter; and
10172279 (5) meet one (1) of the following:
10182280 (A) Possess a bachelor's degree or higher degree from an
10192281 accredited postsecondary educational institution.
10202282 (B) Possess an associate's degree from an accredited
1021-postsecondary educational institution and complete a
2283+postsecondary educational institution complete a
10222284 specialized course of study in long term health care
10232285 administration, as prescribed by the board.
1024-HEA 1461 — Concur 25
10252286 (C) Complete a specialized course of study in long term
10262287 care administration prescribed by the board.
10272288 (b) (c) Subject to section 3.3 of this chapter, the board may issue
10282289 a provisional license for a single period not to exceed six (6) months
10292290 for the purpose of enabling a qualified individual to fill a health facility
10302291 administrator position that has been unexpectedly vacated. Before an
10312292 individual is issued a provisional license, the individual must fulfill the
10322293 requirements in subdivision (a)(1) in addition to complying with other
10332294 standards and rules established by the board.
1034-SECTION 24. IC 25-19-1-3.1 IS ADDED TO THE INDIANA
2295+SECTION 28. IC 25-19-1-3.1 IS ADDED TO THE INDIANA
10352296 CODE AS A NEW SECTION TO READ AS FOLLOWS
10362297 [EFFECTIVE JULY 1, 2023]: Sec. 3.1. (a) To apply for a health
1037-facility administrator license or a residential care administrator
1038-license, an applicant shall do the following:
2298+facility administrator license, an applicant shall do the following:
10392299 (1) Electronically submit an application to the board on a
10402300 form prescribed by the board.
10412301 (2) Provide evidence that the applicant meets the
10422302 requirements of this chapter.
1043-(b) If the agency is unable to resolve a discrepancy or issue of
1044-concern regarding an individual's application under this section,
1045-the board may require the applicant to appear before the board if
1046-the board determines the application:
2303+(b) The board may require an applicant who submits an
2304+application to the board under this section to appear before the
2305+board if the board determines that the application:
10472306 (1) is incomplete; or
10482307 (2) lacks sufficient evidence that the applicant meets the
2308+EH 1461—LS 7303/DI 104 54
10492309 requirements of this chapter.
1050-SECTION 25. IC 25-19-1-3.2 IS ADDED TO THE INDIANA
2310+SECTION 29. IC 25-19-1-3.2 IS ADDED TO THE INDIANA
10512311 CODE AS A NEW SECTION TO READ AS FOLLOWS
10522312 [EFFECTIVE JULY 1, 2023]: Sec. 3.2. (a) An individual who applies
10532313 to the board for a health facility administrator license must
10542314 successfully pass a state jurisprudence examination that covers the
10552315 following topics:
10562316 (1) Applicable standards of environmental health and safety.
10572317 (2) Local health and safety regulation.
10582318 (3) General administration.
10592319 (4) Psychology of patient care.
10602320 (5) Principles of medical care.
10612321 (6) Pharmaceutical services and drug handling.
10622322 (7) Personal and social care.
10632323 (8) Therapeautic and supportive care and services in long
10642324 term care.
10652325 (9) Departmental organization and management.
10662326 (10) Community interrelationships.
1067-HEA 1461 — Concur 26
10682327 (b) An applicant must submit a completed application and pay
1069-any required fee before the applicant may take the examination
2328+any required fee before the applicant may take the an examination
10702329 described in subsection (a).
10712330 (c) An applicant who takes the examination and does not achieve
10722331 a passing score may not take the examination described in
10732332 subsection (a) more than three (3) additional times.
10742333 (d) If an applicant takes the examination the maximum number
10752334 of times allowed under subsection (c) and fails to achieve a passing
1076-score, the board may request that the applicant appear before the
1077-board. The board may require the applicant to provide the board
1078-with evidence of the following:
2335+score, the applicant shall appear before the board. The board may
2336+require the applicant to provide the board with evidence of the
2337+following:
10792338 (1) The applicant completed not more than one hundred (100)
10802339 hours of continuing education hours, as approved by the
10812340 board.
10822341 (2) A new application for an administrator in training
10832342 program.
10842343 (3) The applicant has applied for an administrator in training
10852344 program.
10862345 (4) The applicant meets all other requirements for a health
10872346 facility administrator license at the time the applicant
10882347 reapplies for a license.
1089-SECTION 26. IC 25-19-1-3.3 IS ADDED TO THE INDIANA
2348+(e) An individual who applies to the board for a health facility
2349+administrator license must successfully complete the national
2350+examination, as prescribed by the board.
2351+EH 1461—LS 7303/DI 104 55
2352+SECTION 30. IC 25-19-1-3.3 IS ADDED TO THE INDIANA
10902353 CODE AS A NEW SECTION TO READ AS FOLLOWS
10912354 [EFFECTIVE JULY 1, 2023]: Sec. 3.3. (a) The board may issue a
1092-provisional health facility administrator license or provisional
1093-residential care administrator license to an individual for a specific
1094-licensed health facility or residential care facility if the individual
1095-has:
2355+provisional health facility administrator license to an individual for
2356+a specific licensed health facility if the individual has:
10962357 (1) at least two (2) years of administrative experience in a
1097-licensed health facility or residential care facility; and
2358+licenced health facility; and
10982359 (2) not been convicted of a crime that has a direct bearing on
10992360 the individual's ability to practice competently in accordance
11002361 with IC 25-1-21.
1101-(b) The board may issue a provisional residential care
1102-administrator license to an individual for a specific residential care
1103-facility if the individual has:
1104-(1) at least two (2) years of administrative experience in a
1105-residential care facility; and
1106-(2) not been convicted of a crime that has a direct bearing on
1107-the individual's ability to practice competently in accordance
1108-with IC 25-1-21.
1109-(c) Subject to subsection (d), the chair of the board may issue a
1110-HEA 1461 — Concur 27
1111-provisional health facility administrator license or a provisional
1112-residential care administrator license to an individual who appears
1113-to be qualified.
1114-(d) If the board determines that an individual described in
1115-subsection (c) fails to meet all applicable qualification for a
1116-provisional license described in subsection (a) or (b), the board
1117-may withdraw the provisional license.
1118-(e) Experience that an individual gains while practicing health
2362+(b) Subject to subsection (c), the chair of the board may issue a
2363+provisional health facility administrator license to an individual
2364+who appears to be qualified.
2365+(c) If the board determines that an individual described in
2366+subsection (b) fails to meet all applicable qualification for a
2367+provisional license described in subsection (a), the board may
2368+withdrawal the provisional license.
2369+(d) Experience that an individual gains while practicing health
11192370 facility administration with a provisional license issued under this
11202371 section may count toward the requirements for an administrator
11212372 in training, as approved by the board.
1122-SECTION 27. IC 25-19-1-3.5 IS REPEALED [EFFECTIVE JULY
2373+SECTION 31. IC 25-19-1-3.5 IS REPEALED [EFFECTIVE JULY
11232374 1, 2023]. Sec. 3.5. (a) The board may issue a temporary permit to
11242375 practice as a health facility administrator to a person who:
11252376 (1) has applied to the board for a license to practice as a health
11262377 facility administrator;
11272378 (2) has a current license as a health facility administrator in
11282379 another state;
11292380 (3) has met the educational requirements of the board;
11302381 (4) has completed a board approved training program or board
11312382 determined equivalent; and
11322383 (5) has successfully completed the national examination with a
11332384 score equivalent to the score required by this state.
11342385 (b) The board may substitute for the requirements in subsection
11352386 (a)(3) or (a)(4) the experience of a person as a licensed health facility
11362387 administrator in another state.
11372388 (c) A temporary permit issued under this section expires upon:
11382389 (1) the issuance of a license to the holder of the temporary permit;
11392390 or
11402391 (2) the receipt by the holder of the temporary permit of notice
11412392 from the board that the holder of the temporary permit has failed
11422393 the required examination for licensure.
2394+EH 1461—LS 7303/DI 104 56
11432395 (d) A person holding a temporary permit to practice as a health
11442396 facility administrator is subject to the disciplinary provisions of this
11452397 chapter.
11462398 (e) The board may establish, by rules adopted under IC 4-22-2 and
11472399 IC 25-19-1-4, application procedures and requirements for the issuance
11482400 of temporary permits under this section.
1149-SECTION 28. IC 25-19-1-4 IS AMENDED TO READ AS
2401+SECTION 32. IC 25-19-1-4 IS AMENDED TO READ AS
11502402 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. The board shall
11512403 license health facility administrators in accordance with rules issued
11522404 and from time to time revised by it. A health facility administrator's
1153-HEA 1461 — Concur 28
1154-license and a residential care administrator's license shall not be
1155-transferable and shall be valid until surrendered for cancellation or
1156-suspended or revoked for violation of this chapter or any other laws or
1157-rules relating to the proper administration and management of a health
1158-facility. Any denial of issuance or renewal, suspension, or revocation
1159-under any section of this chapter shall be appealable upon the timely
1160-request of the applicant or licensee and pursuant to IC 4-21.5.
1161-SECTION 29. IC 25-19-1-5, AS AMENDED BY P.L.197-2011,
1162-SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1163-JULY 1, 2023]: Sec. 5. (a) The state department of health, pursuant to
1164-authority provided by IC 16-28, has, by rule duly promulgated,
1165-classified health facilities into comprehensive health facilities and
1166-residential health facilities. The fee for a health facility administrator's
1167-license in either classification shall be set by the board under section
1168-8 of this chapter.
1169-(b) The fee and application shall be submitted to the board, and the
1170-board shall transmit all the funds received to the treasurer of state to be
1171-deposited by the treasurer in the general fund of the state. All expenses
1172-incurred in the administration of this chapter shall be paid from the
1173-general fund upon appropriation being made in the manner provided by
1174-law for making appropriations.
1175-(c) The administrator of a comprehensive care facility must have a
1176-comprehensive care facility administrator license issued by the board
1177-in accordance with rules adopted under section 8 of this chapter.
1178-(d) The administrator of a residential care facility must have one (1)
1179-of the following licenses issued by the board: under rules adopted
1180-under section 8 of this chapter:
1181-(1) A comprehensive care health facility administrator license.
1182-(2) A residential care facility administrator license.
1183-SECTION 30. IC 25-19-1-5.1, AS AMENDED BY P.L.1-2006,
2405+license shall not be transferable and shall be valid until surrendered for
2406+cancellation or suspended or revoked for violation of this chapter or
2407+any other laws or rules relating to the proper administration and
2408+management of a health facility. Any denial of issuance or renewal,
2409+suspension, or revocation under any section of this chapter shall be
2410+appealable upon the timely request of the applicant or licensee and
2411+pursuant to IC 4-21.5.".
2412+Delete page 23.
2413+Page 24, delete lines 1 through 22.
2414+Page 24, line 29, strike "in either classification".
2415+Page 25, between lines 5 and 6, begin a new paragraph and insert:
2416+"SECTION 34. IC 25-19-1-5.1, AS AMENDED BY P.L.1-2006,
11842417 SECTION 438, IS AMENDED TO READ AS FOLLOWS
11852418 [EFFECTIVE JULY 1, 2023]: Sec. 5.1. (a) Notwithstanding section 5
1186-of this chapter, The fee for a health facility administrator's license and
1187-a residential care administrator's license shall be submitted to the
1188-Indiana professional licensing agency for it to transmit to the state
1189-treasurer to be deposited by the treasurer in the state general fund.
2419+of this chapter, the fee for a health facility administrator's license shall
2420+be submitted to the Indiana professional licensing agency for it to
2421+transmit to the state treasurer.
11902422 (b) Subject to IC 25-1-8-2 and except as provided in subsection
11912423 (d), the board shall charge and collect the following fees:
11922424 (1) A one hundred dollar ($100) application for licensure fee.
11932425 (2) A one hundred dollar ($100) application fee to retake the
11942426 state jurisprudence examination.
11952427 (3) A fifty dollar ($50) fee to retake the national examination.
1196-HEA 1461 — Concur 29
11972428 (4) A one hundred dollar ($100) license renewal fee.
11982429 (5) A fifty dollar ($50) provisional license fee.
11992430 (6) A fifty dollar ($50) preceptor application fee.
12002431 (7) A ten dollar ($10) duplicate wall license fee.
12012432 (8) A one hundred dollar ($100) continuing education
12022433 sponsorship application fee.
12032434 (9) A one hundred dollar ($100) annual continuing education
12042435 sponsorship.
12052436 (c) An applicant for a health facility administrator license who
2437+EH 1461—LS 7303/DI 104 57
12062438 is required to take the national examination shall pay the fee
12072439 described in subsection (b)(3) directly to the professional
1208-examination service in the amount required by the examination
2440+examination service the amount required by the examination
12092441 service.
12102442 (d) The board may not charge a fee described in subsection
12112443 (b)(8) to any of the following:
12122444 (1) A state or federal agency.
12132445 (2) A state funded school.
12142446 However, an exemption from the fee under this chapter does not
12152447 relieve an agency or school from a requirement or duty prescribed
12162448 by law.
1217-SECTION 31. IC 25-19-1-7 IS AMENDED TO READ AS
2449+SECTION 35. IC 25-19-1-7 IS AMENDED TO READ AS
12182450 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. The Board shall have
12192451 sole and exclusive authority to determine the qualifications, skill and
12202452 fitness of any person to serve as an administrator of a health facility
12212453 under the provisions of this chapter, and The holder of a license under
12222454 the provisions of this chapter, shall be deemed qualified to serve as the
1223-administrator of that type of health facility for which he the holder is
1224-licensed.
2455+administrator of that type of health facility for which he is licensed.
12252456 In carrying out its responsibilities under this chapter, The Board
12262457 may seek the advice of various disciplines, agencies, institutions and
1227-individuals having an interest in long-term care.
1228-SECTION 32. IC 25-19-1-8, AS AMENDED BY P.L.54-2007,
1229-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1230-JULY 1, 2023]: Sec. 8. The board shall do the following:
1231-(1) Adopt rules establishing: necessary to carry out the
1232-requirements of this chapter for the practice of a health
1233-facility administrator and residential care administrator.
1234-(A) standards for the competent practice of a health facility
1235-administrator; and
1236-(B) separate education, experience, and training requirements
1237-for licensure in each of the following classifications described
1238-in section 5 of this chapter:
1239-HEA 1461 — Concur 30
1240-(i) Comprehensive health facility administrator.
1241-(ii) Residential health facility administrator.
1242-(2) Develop and apply appropriate techniques, including
1243-examination and investigations, for determining whether an
1244-individual meets the standards.
1245-(3) Issue licenses to individuals determined, after application of
1246-the appropriate criteria, to meet the standards, and for cause, after
1247-due notice and hearing, impose sanctions under IC 25-1-9,
1248-including placing the licensee on probation and revoking or
1249-suspending licenses previously issued by the board in any case
1250-where the individual holding the license is determined
1251-substantially to have failed to conform to the requirements of the
1252-standards.
1253-(4) Establish and carry out the procedures designed to ensure that
1254-individuals licensed as health facility administrators and
1255-residential care administrators will, during any period that they
1256-serve as such, comply with the requirements of the standards.
1257-(5) Subject to IC 25-1-7, receive, investigate, and take appropriate
1258-action under IC 25-1-9 with respect to, and including probation,
1259-suspension, or the revocation of a license if necessary after due
1260-notice and hearing and for cause, any charge or complaint filed
1261-with the board to the effect that any individual licensed as a health
1262-facility administrator or a residential care administrator has
1263-failed to comply with the requirements of the standards.
1264-(6) Conduct a continuing study and investigation of health
1265-facilities and administrators of health facilities in the state to
1266-improve the standards imposed for the licensing of the
1267-administrators and of procedures and methods for the
1268-enforcement of the standards with respect to licensed health
1269-facility administrators and residential care administrators.
1270-(7) Conduct, or cause to be conducted, one (1) or more courses of
1271-instruction and training sufficient to meet the requirements of this
1272-chapter, and shall make provisions for the courses and their
1273-accessibility to residents of this state unless it finds and approves
1274-a sufficient number of courses conducted by others within this
1275-state. The board may approve courses conducted in or outside this
1276-state sufficient to meet the education and training requirements of
1277-this chapter.
1278-(8) Take other actions, not inconsistent with law, including
1279-establishing and approving requirements for continuing
1280-professional education for licensure renewal, making provisions
1281-for accepting and disbursing funds for educational purposes, as
1282-HEA 1461 — Concur 31
1283-may be necessary to enable the state to meet the requirements set
1284-forth in Section 1908 of the Social Security Act (42 U.S.C.
1285-1396g), the federal regulations adopted under that law, and other
1286-pertinent federal authority, and designing any other action to
1287-improve the professional competence of licensees.
1288-SECTION 33. IC 25-19-1-9, AS AMENDED BY P.L.177-2015,
2458+individuals having an interest in long-term care.".
2459+Page 25, line 9, strike "establishing:" and insert "necessary to carry
2460+out the requirements of this chapter for the practice of a health
2461+facility administrator.".
2462+Page 25, strike lines 10 through 11.
2463+Page 25, line 12, strike "education, experience, and training
2464+requirements".
2465+Page 25, line 13, strike "for licensure".
2466+Page 25, line 14, delete "as a".
2467+Page 25, line 15, strike "health facility administrator.".
2468+Page 26, line 12, strike "establishing and".
2469+Page 26, line 12, strike "requirements for".
2470+Page 26, between lines 19 and 20, begin a new paragraph and insert:
2471+"SECTION 37. IC 25-19-1-9, AS AMENDED BY P.L.177-2015,
12892472 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12902473 JULY 1, 2023]: Sec. 9. (a) Subject to IC 25-1-2-6(e), every holder of
1291-a health facility administrator's license or a residential care
1292-administrator's license shall renew the license on the date established
1293-by the licensing agency under IC 25-1-5-4. The renewals shall be
1294-granted as a matter of course, unless the board finds, after due notice
1295-and hearing, that the applicant has acted or failed to act in a manner or
1296-under circumstances that would constitute grounds for nonrenewal,
1297-suspension, or revocation of a license.
2474+a health facility administrator's license shall renew the license on the
2475+date established by the licensing agency under IC 25-1-5-4. The
2476+renewals shall be granted as a matter of course, unless the board finds,
2477+after due notice and hearing, that the applicant has acted or failed to act
2478+in a manner or under circumstances that would constitute grounds for
2479+nonrenewal, suspension, or revocation of a license.
2480+EH 1461—LS 7303/DI 104 58
12982481 (b) Subject to IC 25-1-2-6(e), a health facility administrator's license
1299-and a residential care administrator's license expires expire at
1300-midnight on the renewal date specified by the Indiana professional
1301-licensing agency. Failure to renew a license on or before the renewal
1302-date automatically renders the license invalid.
2482+expires at midnight on the renewal date specified by the Indiana
2483+professional licensing agency. Failure to renew a license on or before
2484+the renewal date automatically renders the license invalid.
13032485 (c) A person who fails to renew a license before it expires and
13042486 becomes invalid at midnight of the renewal date shall be reinstated by
13052487 the board if the person applies for reinstatement not later than three (3)
13062488 years after the expiration of the license and meets the requirements
13072489 under IC 25-1-8-6(c).
13082490 (d) The board may reinstate a person who applies to reinstate a
13092491 license under this section more than three (3) years after the date the
13102492 license expires and becomes invalid if the person applies to the board
13112493 for reinstatement and meets the requirements for reinstatement
13122494 established by the board under IC 25-1-8-6(d).
13132495 (e) The board may require an applicant under subsection (d) to
13142496 appear before the board to explain the applicant's failure to renew.
13152497 (f) Except as provided in subsection (g), the board may not
1316-renew a health facility administrator's license or a residential care
1317-administrator's license if the health facility administrator or
1318-residential care administrator failed to comply with the continuing
1319-education requirements prescribed by the board.
2498+renew a health facility administrator's license if the health facility
2499+administrator failed to comply with the continuing education
2500+requirements prescribed by the board.
13202501 (g) The board may renew a license described in subsection (f) if
13212502 any of the following apply:
1322-(1) The licensed health facility administrator or licensed
1323-residential care administrator submits a statement from the
1324-administrator's physician or surgeon verifying that the
1325-HEA 1461 — Concur 32
1326-administrator is unable to practice health facility
1327-administration due to illness or physical disability.
1328-(2) The licensed health facility administrator or licensed
1329-residential care administrator is on active military duty.
2503+(1) The licensed health facility administrator submits a
2504+statement from the health facility administrator's physician
2505+or surgeon verifying that the health facility administrator is
2506+unable to practice health facility administration due to illness
2507+or physical disability.
2508+(2) The licenced health facility administrator is on active
2509+military duty.
13302510 (3) Any other circumstances, as determined by the board.
1331-SECTION 34. IC 25-19-1-9.5 IS ADDED TO THE INDIANA
2511+SECTION 38. IC 25-19-1-9.5 IS ADDED TO THE INDIANA
13322512 CODE AS A NEW SECTION TO READ AS FOLLOWS
13332513 [EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) Subject to IC 25-1-8-6, a
1334-health facility administrator or residential care administrator
1335-whose license is in inactive status may apply to the board to renew
1336-the administrator's license.
1337-(b) A health facility administrator or residential care
1338-administrator while in an inactive status may not practice as a
1339-health facility administrator or residential care administrator.
2514+health facility administrator whose license is in inactive status may
2515+apply to the board to renew the health facility administrator's
2516+license.
2517+(b) A health facility administrator while in an inactive status
2518+may not practice as a health facility administrator.
13402519 (c) A licensed health facility administrator who has been
13412520 inactive must show proof of having completed forty (40) hours of
13422521 continuing education within the two (2) year period immediately
13432522 before the date the reactivation application is filed.
1344-(d) A licensed residential care administrator who has been
1345-inactive must show proof of having competed twenty (20) hours of
1346-continuing education within the two (2) year period immediately
1347-before the date the reactivation application is filed.
1348-(e) The board may request that a licensed health facility
2523+EH 1461—LS 7303/DI 104 59
2524+(d) The board may request that a licensed health facility
13492525 administrator who has been inactive for a period of more than
13502526 three (3) years at the date the reactivation application is filed make
13512527 a personal appearance before the board to answer any questions
13522528 from the board about the application that are unresolved before
13532529 making a determination on the application.
1354-SECTION 35. IC 25-19-1-10 IS AMENDED TO READ AS
2530+SECTION 39. IC 25-19-1-10 IS AMENDED TO READ AS
13552531 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) The board may
1356-shall issue a health facility administrator's license to any person who
1357-holds a current comparable license from another jurisdiction, applies
1358-for a health facility administrator license, if the board finds that the
1359-applicant has:
2532+issue a health facility administrator's license to any person who holds
2533+a current comparable license from another jurisdiction, if the board
2534+finds that the applicant has:
13602535 (1) met the educational requirements of the board;
13612536 (2) completed a board approved training program or board
13622537 determined equivalent;
13632538 (3) successfully completed the national examination with a score
13642539 equivalent to the score required by this state; and
13652540 (4) successfully completed the state examination conducted by the
13662541 board.
13672542 (b) The board may substitute for the requirements in subsection
1368-HEA 1461 — Concur 33
13692543 (a)(1) or (a)(2) the experience of a person as a licensed health facility
13702544 administrator in another state. the applicant:
1371-(1) does not have a criminal history that disqualifies the
2545+(1) applied to the board for a license to practice as a health
2546+facility administrator;
2547+(2) holds an active license as a health facility administrator in
2548+another state;
2549+(3) is in good standing and not the subject of a disciplinary
2550+action pending in another state;
2551+(4) does not have a criminal history that disqualifies the
13722552 applicant from obtaining a health facility administrator
13732553 license in Indiana in accordance with IC 25-1-21;
1374-(2) has practiced in another state for at least one (1) year as a:
1375-(A) licensed health facility administrator and currently
1376-holds an active license in good standing as a health facility
1377-administrator in another state;
2554+(5) has practiced as a:
2555+(A) licensed health facility administrator;
13782556 (B) chief executive officer of a hospital; or
1379-(C) chief operations officer of a hospital; and
1380-(3) has successfully completed the:
2557+(C) chief operations office of a hospital;
2558+in another state for at least one (1) year; and
2559+(6) has successfully completed the:
13812560 (A) national examination; and
13822561 (B) Indiana jurisprudence examination, as approved by the
13832562 board.
1384-(b) The board shall issue a residential care administrator license
1385-to any person who applies for a residential care administrator
1386-license, if the applicant:
1387-(1) does not have a criminal history that disqualifies the
1388-applicant from obtaining a residential care administrator
1389-license in Indiana in accordance with IC 25-1-21; and
1390-(2) has practiced in another state for at least one (1) year as a:
1391-(A) licensed health facility administrator and currently
1392-holds an active license in good standing as a health facility
1393-administrator in another state;
1394-(B) licensed, certified, or registered residential care
1395-administrator and currently holds an active license,
1396-certification, or registration that is in good standing as a
1397-residential care administrator in another state;
1398-(C) chief executive officer of a hospital; or
1399-(D) chief operations officer of a hospital.
1400-(c) The board shall issue a health facility administrator license
1401-or a residential care administrator license to an individual who:
1402-(1) holds an approved National Association of Long Term
1403-Care Administrators Board Health Services Executive license
1404-in good standing; and
1405-(2) does not have a criminal history that disqualifies the
1406-applicant from obtaining a health facility administrator
1407-license or a residential care administrator license in Indiana
1408-in accordance with IC 25-1-21.
1409-SECTION 36. IC 25-19-1-11 IS AMENDED TO READ AS
2563+(b) The board shall issue a health facility administrator license
2564+to an individual who holds an approved National Association of
2565+Long Term Care Administrators Board Health Services Executive
2566+EH 1461—LS 7303/DI 104 60
2567+license in good standing.
2568+SECTION 40. IC 25-19-1-11 IS AMENDED TO READ AS
14102569 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) No health
1411-HEA 1461 — Concur 34
14122570 facility may operate unless it is under the supervision of an
14132571 administrator who holds a currently valid health facility administrator's
1414-license or provisional license or temporary permit issued under this
2572+license, provisional license, or temporary permit issued under this
14152573 chapter. No person may practice or offer to practice health facility
14162574 administration or use any title, sign, card, or device to indicate that the
14172575 person is a health facility administrator, unless the person has been
14182576 duly licensed as a health facility administrator or provisional health
14192577 facility administrator. A person who violates this section commits a
14202578 Class C infraction, and each day of continuing violation after entry of
14212579 judgment constitutes a separate infraction.
1422-(b) An individual who is not licensed as a health facility
2580+(b) An individual licensed who is not licensed as a health facility
14232581 administrator may not:
14242582 (1) profess to be a health facility administrator;
14252583 (2) use the title "health facility administrator" or "assistant
14262584 health facility administrator";
14272585 (3) use the initials "H.F.A." or any other words, letters,
14282586 abbreviations, or insignia indicating or implying that the
14292587 individual is a health facility administrator or assistant health
14302588 facility administrator licensed under this article;
1431-unless the individual is licensed as a health facility administrator
1432-under this article.
2589+unless the individual is licensed under this article.
14332590 (c) A licensed health facility administrator may not practice
14342591 health facility administration in more than one (1) health facility
14352592 at the same time.
14362593 (d) A health facility administrator is subject to the health
14372594 professions standards of practice under IC 25-1-9.
1438-SECTION 37. IC 25-19-1-11.5 IS ADDED TO THE INDIANA
1439-CODE AS A NEW SECTION TO READ AS FOLLOWS
1440-[EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) An individual who is not
1441-licensed as a residential care administrator may not:
1442-(1) profess to be a residential care administrator;
1443-(2) use the title "residential care administrator" or "assistant
1444-residential care administrator"; or
1445-(3) use the initials "R.C.A." or any other words, letters,
1446-abbreviations, or insignia indicating or implying that the
1447-individual is a residential care administrator or assistant
1448-residential care administrator licensed under this article;
1449-unless the individual is licensed as a residential care administrator
1450-under this article.
1451-(b) A licensed residential care administrator may not practice
1452-residential care administration in more than one (1) residential
1453-care facility at the same time.
1454-HEA 1461 — Concur 35
1455-(c) A residential care administrator is subject to the health
1456-professions standards of practice under IC 25-1-9.
1457-SECTION 38. IC 25-19-1-15 IS ADDED TO THE INDIANA
2595+SECTION 41. IC 25-19-1-15 IS ADDED TO THE INDIANA
14582596 CODE AS A NEW SECTION TO READ AS FOLLOWS
14592597 [EFFECTIVE JULY 1, 2023]: Sec. 15. An individual who is licensed
1460-as a health facility administrator or residential care administrator
1461-shall display the individual's license in a prominent location in the
1462-individual's principal office.
1463-SECTION 39. IC 25-19-1-16 IS ADDED TO THE INDIANA
2598+as a health facility administrator shall display the individual's
2599+license in a prominent location in the individual's principal office.
2600+SECTION 42. IC 25-19-1-16 IS ADDED TO THE INDIANA
14642601 CODE AS A NEW SECTION TO READ AS FOLLOWS
14652602 [EFFECTIVE JULY 1, 2023]: Sec. 16. Upon receipt of satisfactory
1466-evidence from a licensed health facility administrator or licensed
1467-residential care administrator that the administrator's license has
1468-been:
2603+evidence from a licensed health facility administrator that the
2604+administrator's license has been:
14692605 (1) lost;
14702606 (2) stolen;
14712607 (3) mutilated; or
14722608 (4) destroyed;
1473-the board shall issue a duplicate license to the administrator.
1474-SECTION 40. IC 25-19-1-17 IS ADDED TO THE INDIANA
2609+EH 1461—LS 7303/DI 104 61
2610+the board shall issue a duplicate license to the health facility
2611+administrator.
2612+SECTION 43. IC 25-19-1-17 IS ADDED TO THE INDIANA
14752613 CODE AS A NEW SECTION TO READ AS FOLLOWS
14762614 [EFFECTIVE JULY 1, 2023]: Sec. 17. (a) This section applies to an
14772615 administrator in training or a student intern seeking licensure as
1478-a health facility administrator.
2616+health facility administrator.
14792617 (b) An administrator in training or student intern shall
14802618 satisfactorily complete a course prescribed by the board that
14812619 includes instruction and training on the following:
14822620 (1) Standards of competent practice.
14832621 (2) Facility administration and management.
14842622 (3) Housekeeping and laundry.
14852623 (4) Nursing.
14862624 (5) Dietary needs of residents.
14872625 (6) Facility related activities.
14882626 (7) Business office management.
14892627 (8) Facility admission and marketing.
14902628 (c) The course described in subsection (b) must occur in a
14912629 licensed comprehensive care facility.
1492-SECTION 41. IC 25-19-1-18 IS ADDED TO THE INDIANA
2630+SECTION 44. IC 25-19-1-18 IS ADDED TO THE INDIANA
14932631 CODE AS A NEW SECTION TO READ AS FOLLOWS
14942632 [EFFECTIVE JULY 1, 2023]: Sec. 18. (a) An administrator in
14952633 training seeking licensure as a health facility administrator shall do
14962634 the following:
1497-HEA 1461 — Concur 36
14982635 (1) File an administrator in training application with the
14992636 board and be approved by the board before starting an
15002637 internship program.
15012638 (2) Meet educational requirements described in section 3 of
15022639 this chapter at the time the administrator in training files an
15032640 application.
15042641 (3) Observe and become familiar with the responsibilities and
15052642 duties of the preceptor or approved training center and
15062643 administrator in training.
15072644 (4) Be assigned responsibilities in each health facility
15082645 department, with experience on every shift, including
15092646 weekends.
15102647 (5) Serve as an administrator in training for at least twenty
15112648 (20) hours per week and not more than ten (10) hours per day.
15122649 (6) Complete the internship program in not less than three (3)
15132650 months and not more than twelve (12) months for a minimum
15142651 total of hours as follows:
2652+EH 1461—LS 7303/DI 104 62
15152653 (A) An administrator in training who:
15162654 (i) holds an associate degree, bachelor's degree, master's
15172655 degree, or doctoral degree; and
1518-(ii) has at least two (2) years of long term care
2656+(ii) has at least two (2) years of long-term care
15192657 experience;
15202658 shall complete a total of six hundred eighty (680) hours of
1521-training, of which two hundred (200) hours may be
1522-fulfilled by successfully completing a two hundred (200)
1523-hour state approved, specialized course in long term care
2659+training, two hundred (200) hours that may be fulfilled by
2660+successfully completing a two hundred (200) hour state
2661+approved, specialized course in long term care
15242662 management.
15252663 (B) An administrator in training who:
15262664 (i) holds an associate degree, bachelor's degree, master's
15272665 degree, or doctoral degree; and
1528-(ii) does not have long term care experience;
2666+(ii) does not have long-term care experience;
15292667 shall complete a total of eight hundred eighty (880) hours
1530-of training, of which two hundred (200) hours may be
1531-fulfilled by successfully completing a two hundred (200)
1532-hour state approved, specialized course in long term care
2668+of training, two hundred (200) hours that may be fulfilled
2669+by successfully completing a two hundred (200) hour state
2670+approved, specialized course in long term care
15332671 management.
15342672 (C) An administrator in training who holds a high school
15352673 diploma or general educational development (GED)
1536-diploma shall complete a total of one thousand forty
1537-(1,040) hours of training, of which two hundred (200)
1538-hours may be fulfilled by successfully completing a two
1539-hundred (200) hour state approved, specialized course in
1540-HEA 1461 — Concur 37
1541-long term care management.
2674+diploma shall complete a total of one thousand forty hours
2675+(1,040) hours of training, two hundred (200) hours that
2676+may be fulfilled by successfully completing a two hundred
2677+(200) hour state approved, specialized course in long term
2678+care management.
15422679 (7) Seek and accept instruction and assistance from the
15432680 preceptor or approved training center.
15442681 (8) Notify the board on a form prescribed by the board of any
15452682 change of status or discontinuance of the administrator in
15462683 training program.
15472684 (9) Upon completion of the program, provide to the board an
15482685 affidavit stating the administrator in training has fulfilled the
15492686 requirements of the program.
15502687 (b) An administrator in training may not:
15512688 (1) have been convicted of a crime that has a direct bearing on
15522689 the administrator in training's ability to practice competently
15532690 in accordance with IC 25-1-21; and
15542691 (2) hold a position in the health facility during the hours of the
15552692 administrator in training program.
15562693 (c) The board may waive up to thirty percent (30%) of the total
15572694 required training hours for an administrator in training described
1558-in subsection (a)(6)(C) if:
2695+EH 1461—LS 7303/DI 104 63
2696+in subsection (b)(5)(C) if:
15592697 (1) the administrator in training has served in a long term
15602698 care facility department manager position, based upon
15612699 criteria approved by the board; and
15622700 (2) the administrator in training's experience described in
15632701 subdivision (1) is verifiable to the board's satisfaction.
1564-(d) Except as provided in subsection (e), an administrator in
2702+(e) Except as provided in subsection (f), an administrator in
15652703 training may serve up to twenty percent (20%) of the internship in
15662704 a setting other than the preceptor's facility.
1567-(e) An administrator in training in an approved training center
2705+(f) An administrator in training in an approved training center
15682706 may, at the discretion of the approved training center, exceed the
1569-twenty percent (20%) limit described in subsection (d).
1570-(f) The board may take appropriate action for failure of an
2707+twenty percent (20%) limit described in subsection (e).
2708+(g) The board may take appropriate action for failure of an
15712709 administrator in training to comply with this section.
1572-SECTION 42. IC 25-19-1-19 IS ADDED TO THE INDIANA
2710+SECTION 45. IC 25-19-1-19 IS ADDED TO THE INDIANA
15732711 CODE AS A NEW SECTION TO READ AS FOLLOWS
15742712 [EFFECTIVE JULY 1, 2023]: Sec. 19. (a) A student intern seeking
15752713 licensure as a health facility administrator shall do the following:
15762714 (1) File a student intern application with the board and be
15772715 approved before starting the internship program.
15782716 (2) Be enrolled in a postsecondary educational institution
15792717 accredited program.
15802718 (3) Observe and become familiar with the responsibilities and
15812719 duties of the university accredited program and student
15822720 intern.
1583-HEA 1461 — Concur 38
1584-(4) Complete the program before graduation.
1585-(5) Seek and accept instruction and assistance from the
2721+(5) Complete the program before graduation.
2722+(6) Seek and accept instruction and assistance from the
15862723 university accredited program and faculty, including other
15872724 preceptors or approved training centers.
1588-(6) Notify the board on a form prescribed by the board of any
2725+(7) Notify the board on a form prescribed by the board of any
15892726 change of status or discontinuance of the student internship
15902727 program.
1591-(7) Upon completion of the student internship program,
2728+(8) Upon completion of the student internship program,
15922729 provide to the board an affidavit stating that the student
15932730 intern has fulfilled the requirements of the program.
15942731 (b) A student intern in the student internship program:
15952732 (1) may serve the internship in multiple health facilities;
15962733 (2) is not required to spend a minimum or maximum amount
15972734 of time in one (1) health facility; and
15982735 (3) may not hold a position in the health facility during the
15992736 hours of the student internship program.
16002737 (c) The board reserves the right to take appropriate action for
2738+EH 1461—LS 7303/DI 104 64
16012739 failure of a student intern to comply with this section.
1602-SECTION 43. IC 25-19-1-20 IS ADDED TO THE INDIANA
2740+SECTION 46. IC 25-19-1-20 IS ADDED TO THE INDIANA
16032741 CODE AS A NEW SECTION TO READ AS FOLLOWS
16042742 [EFFECTIVE JULY 1, 2023]: Sec. 20. (a) To qualify as a preceptor,
16052743 an applicant must:
16062744 (1) be currently licensed as a health facility administrator
16072745 under this article;
16082746 (2) be in good standing and not the subject of a disciplinary
16092747 action by the board;
16102748 (3) file an application with the board and be approved before
16112749 serving as the preceptor;
16122750 (4) complete a board approved educational program;
16132751 (5) provide to the board, with the administrator in training
16142752 application, a certificate of completion for a program
16152753 described in subdivision (4);
16162754 (6) have the training, knowledge, professional activity, and a
16172755 facility or organizational setting at the individual's disposal to
16182756 teach prospective health facility administrator or residential
16192757 care facility administrators;
1620-(7) meet one (1) of the following:
1621-(A) Have active work experience as a health facility
2758+(7) meet any other criteria established by the board; and
2759+(8) meet one (1) of the following:
2760+(A) Have active work experience as an health facility
16222761 administrator for at least two (2) years prior to the date of
16232762 serving as a preceptor.
16242763 (B) Be currently employed as a chief executive officer of a
16252764 continuing care retirement community.
1626-HEA 1461 — Concur 39
16272765 (C) Be currently employed as a regional manager for a
16282766 health facility.
16292767 (D) Be employed by an administrator in training school.
16302768 (b) An individual who submits an application to be a preceptor
16312769 shall file a new application for each administrator in training
16322770 applicant for whom the preceptor applicant intends to serve as a
16332771 preceptor.
1634-(c) An individual who meets the requirements of this section and
2772+ (c) A preceptor may precept up to four (4) administrators in
2773+training simultaneously if the preceptor spends eight (8) hours per
2774+week on site with each administrator in training. The regional
2775+manager or training school shall submit to the agency an affidavit
2776+affirming that the manager or school complied with the
2777+requirements of this subsection.
2778+(d) An individual who meets the requirements of this section and
16352779 is approved as a preceptor by the board shall do the following:
16362780 (1) Act as a teacher rather than an employer and provide the
2781+EH 1461—LS 7303/DI 104 65
16372782 administrator in training with educational opportunities.
16382783 (2) Inform the board if an administrator in training presents
16392784 a problem that may affect the facility's service and operation
16402785 or the administrator in training program.
16412786 (3) Notify the board on a form prescribed by the board of a
16422787 change of status or discontinuance of the administrator in
16432788 training program.
1644-(4) Upon completion of the program, submit to the board an
1645-affidavit, as prescribed by the board, stating that the
2789+(4) Upon completion of the program, submit to the board at
2790+the an affidavit, as prescribed by the board, stating that the
16462791 requirements described in section 17 of this chapter have been
16472792 met.
16482793 (5) Maintain the records of an administrator in training
16492794 program for a period of five (5) years and, upon request by
16502795 the board, allow the board to review the records.
16512796 (6) Except for a preceptor in an approved training center or
16522797 as necessary to accommodate a special situation or
16532798 emergency, spend a majority of the required work hours
16542799 during normal daytime business hours in the facility where
16552800 training occurs.
1656-(d) Except as provided in subsection (e), a preceptor who serves
1657-as an administrator of a licensed comprehensive care facility or
1658-residential care facility may not supervise more than two (2)
1659-administrators in training at any given time.
1660- (e) A preceptor may supervise more than two (2) administrators
2801+(e) Except as provided in subsections (f), a preceptor who serves
2802+as administrator of a licensed comprehensive care facility or
2803+residential care facility may not supervise more than one (1)
2804+administrator in training at any given time.
2805+ (f) A preceptor may supervise more than one (1) administrator
16612806 in training at a given time:
16622807 (1) if the administrator in training is enrolled in:
16632808 (A) an approved training center; or
16642809 (B) a postsecondary educational institution accredited
16652810 program; or
16662811 (2) at the discretion of the board.
1667-(f) A preceptor may precept more than two (2) administrators
1668-in training but not more than four (4) administrators in training if:
1669-HEA 1461 — Concur 40
2812+(g) A preceptor may precept up to four (4) administrators in
2813+training if:
16702814 (1) the preceptor's sole duty is that of a preceptor; and
1671-(2) the preceptor spends at least eight (8) hours per week with
1672-each administrator in training.
2815+(2) the preceptor spends eight (8) hours per week with each
2816+administrator in training.
16732817 A preceptor shall affirm to the professional licensing agency
16742818 compliance with this subsection.
1675-(g) A preceptor's approval as a preceptor expires when the
2819+(h) A preceptor's approval as a preceptor expires when the
16762820 administrator in training applicant that the preceptor is
16772821 supervising completes the course of instruction and training
16782822 prescribed by the board or fails to complete the requirements
16792823 described in section 18 of this chapter.
1680-(h) The board reserves the right to take appropriate action for
2824+EH 1461—LS 7303/DI 104 66
2825+(i) The board reserves the right to take appropriate action for
16812826 failure of a preceptor to comply with this section.
1682-SECTION 44. IC 25-19-1-21 IS ADDED TO THE INDIANA
2827+SECTION 47. IC 25-19-1-21 IS ADDED TO THE INDIANA
16832828 CODE AS A NEW SECTION TO READ AS FOLLOWS
16842829 [EFFECTIVE JULY 1, 2023]: Sec. 21. (a) Except as provided in
16852830 subsection (b), to qualify as a postsecondary educational institution
16862831 accredited program preceptor, an applicant must demonstrate that
16872832 the program has faculty members who are currently licensed as
16882833 health facility administrators under this article to instruct student
16892834 interns in a health facility in accordance with section 17 of this
16902835 chapter.
16912836 (b) A postsecondary educational institution accredited program
16922837 faculty member who does not provide instruction in a health
16932838 facility is not required to be a licensed health facility
16942839 administrator.
16952840 (c) To serve as a preceptor, a currently licensed health facility
16962841 administrator who is part of a postsecondary educational
16972842 institution accredited program's faculty described in subsection
16982843 (a):
16992844 (1) must have attended, within the five (5) years prior to
17002845 becoming a faculty member, a board approved educational
17012846 preceptor program and provide the university accredited
17022847 program with a certificate of completion; and
17032848 (2) may not have any disciplinary action taken by the board
17042849 against the health facility administrator in the last two (2)
17052850 years.
17062851 (d) Each approved postsecondary educational institution
17072852 accredited program preceptor shall do the following:
17082853 (1) Act as a teacher rather than an employer and provide a
17092854 student intern with educational opportunities.
17102855 (2) Inform the board if the student intern presents any
17112856 problems that may affect the facility's service and operation
1712-HEA 1461 — Concur 41
17132857 or the student internship program.
17142858 (3) Notify the board on a form prescribed by the board of any
17152859 change in status or discontinuance of the student internship
17162860 program.
17172861 (4) Upon a student's completion of the program, submit to the
17182862 board an affidavit, as prescribed by the board, stating that the
17192863 requirements described in section 17 of this chapter have been
17202864 met.
1721-(5) Maintain the records of student internship programs for
1722-a period of five (5) years, and, upon request by the board,
1723-allow the board to review the records.
2865+(5) Maintain the records student internship programs for a
2866+period of five (5) years, and, upon request by the board, allow
2867+EH 1461—LS 7303/DI 104 67
2868+the board to review the records.
17242869 (e) A preceptor's approval as a preceptor expires when the
17252870 student intern that the preceptor is supervising completes the
17262871 course of instruction and training prescribed by the board or fails
1727-to complete the requirements described in section 19 of this
2872+to complete the requirements described in section 18 of this
17282873 chapter.
17292874 (f) The applicant for approval as a preceptor shall file a new
17302875 application for each student intern applicant for whom the
17312876 preceptor applicant desires to serve as a preceptor.
17322877 (g) The board reserves the right to take appropriate action for
17332878 failure of a preceptor to comply with the duties enumerated above.
1734-SECTION 45. IC 25-19-1-22 IS ADDED TO THE INDIANA
2879+SECTION 48. IC 25-19-1-22 IS ADDED TO THE INDIANA
17352880 CODE AS A NEW SECTION TO READ AS FOLLOWS
17362881 [EFFECTIVE JULY 1, 2023]: Sec. 22. (a) Except as provided in
17372882 subsection (b), a licensed health facility administrator shall
17382883 complete at least forty (40) hours of continuing education during
17392884 each two (2) year licensing period.
17402885 (b) A licensed health facility administrator who:
17412886 (1) is not currently licensed; or
17422887 (2) has not been previously licensed;
17432888 as a health facility administrator in another state is not required to
17442889 complete the continuing education described in subsection (a) for
17452890 the two (2) year licensing period in which the administrator's
17462891 initial license was issued.
17472892 (c) If a licensed health facility administrator attends an
17482893 approved continuing education program in another state, the
17492894 administrator shall receive credit for the hours completed at the
1750-program and apply the number of hours to the continuing
1751-education requirement described in subsection (a).
2895+program and apply number the hours to the continuing education
2896+requirement described in subsection (a).
17522897 (d) A licensed health facility administrator must satisfy
17532898 continuing education credits described in this section by
17542899 participating in a program offered by an approved organization (as
1755-HEA 1461 — Concur 42
17562900 defined in IC 25-1-4-0.2).
17572901 (e) A continuing education course or accredited postsecondary
17582902 educational institution course:
17592903 (1) that is offered by an accredited postsecondary educational
17602904 institution; and
17612905 (2) the content of which pertains to the practice of health
17622906 facility administration;
17632907 may count toward the continuing education requirement described
17642908 in subsection (a).
17652909 (f) A health facility administrator may receive continuing
2910+EH 1461—LS 7303/DI 104 68
17662911 education credit for an accredited college course described in
17672912 subsection (e) as follows:
17682913 (1) For one (1) semester hour, the administrator may receive
17692914 fifteen (15) contact hours.
17702915 (2) For one (1) quarter hour, the administrator may receive
17712916 ten (10) contact hours.
17722917 (g) A licensed health administrator who serves on the board
17732918 may earn one (1) continuing education credit hour for each hour
17742919 of service on the board. For each two (2) year licensing period, a
17752920 licensed health facility administrator may earn not more than
17762921 twenty (20) hours of continuing education credit for credit earned
17772922 under this subsection.
17782923 (h) A health facility administrator may earn two (2) continuing
17792924 education hours for each month the health facility administrator
17802925 serves as a preceptor. For each two (2) year licensing period, a
17812926 licensed health facility administrator may earn not more than
17822927 twenty (20) hours of continuing education credit for credit earned
17832928 under this subsection.
17842929 (i) Continuing education credits earned during one (1) licensing
17852930 period may not be applied to another licensing period.
17862931 (j) A licensed health facility administrator may earn continuing
17872932 education credits described in this section through any of the
17882933 following:
17892934 (1) Interactive, synchronous video learning methods.
17902935 (2) In-person conferences.
17912936 (3) Educational training sessions.
17922937 (4) Any other method approved by the board.
1793-SECTION 46. IC 25-19-1-23 IS ADDED TO THE INDIANA
2938+SECTION 49. IC 25-19-1-23 IS ADDED TO THE INDIANA
17942939 CODE AS A NEW SECTION TO READ AS FOLLOWS
17952940 [EFFECTIVE JULY 1, 2023]: Sec. 23. (a) Except as provided in
17962941 subsection (b), the board shall approve an application to be a
17972942 sponsor if a person files an application with the board at least
1798-HEA 1461 — Concur 43
17992943 thirty (30) days before the date the continuing education program
18002944 is scheduled to commence.
18012945 (b) The board may approve an application that does not meet
18022946 the thirty (30) day requirement described in subsection (a) due to
18032947 extenuating circumstances, as determined by the board on a case
18042948 by case basis.
18052949 (c) Approval as a sponsor under this section is valid for one (1)
18062950 year and expires on January 31 of each year.
1807-SECTION 47. IC 25-19-1-24 IS ADDED TO THE INDIANA
2951+SECTION 50. IC 25-19-1-24 IS ADDED TO THE INDIANA
18082952 CODE AS A NEW SECTION TO READ AS FOLLOWS
2953+EH 1461—LS 7303/DI 104 69
18092954 [EFFECTIVE JULY 1, 2023]: Sec. 24. (a) The agency shall do the
18102955 following:
1811-(1) Retain a copy of a certificate of completion for a
1812-continuing education course described in section 22 of this
1813-chapter for three (3) years from the date of the end of the
1814-licensing period for which the continuing education credit was
1815-applied.
2956+(1) Retain a copy of a certificate of completion for continuing
2957+education course described in section 22 of this chapter for
2958+three (3) years from the date of the end of licensing period for
2959+which the continuing education credit was applied.
18162960 (2) Upon request from the board for the purpose of
18172961 completing a compliance audit, provide the board with a copy
18182962 of a certificate of completion.
18192963 (b) An approved continuing education sponsor shall:
18202964 (1) monitor and verify the attendance of a continuing
18212965 education program the sponsor hosts;
18222966 (2) maintain reliable attendance records for a program
18232967 described in subdivision (1); and
18242968 (3) retain the records described in subdivision (2) for a period
18252969 of five (5) years.
1826-(c) IC 25-1-4 governs a continuing education audit or action
2970+(c) IC 25-1-4 governs an continuing education audit or action
18272971 concerning noncompliance with this section.
1828-SECTION 48. IC 25-19-1-25 IS ADDED TO THE INDIANA
2972+SECTION 51. IC 25-19-1-25 IS ADDED TO THE INDIANA
18292973 CODE AS A NEW SECTION TO READ AS FOLLOWS
18302974 [EFFECTIVE JULY 1, 2023]: Sec. 25. 840 IAC 1 and 840 IAC 2 are
18312975 void effective July 1, 2023. The publisher of the Indiana
18322976 Administrative Code and the Indiana Register shall remove these
18332977 provisions from the Indiana Administrative Code. This section
18342978 expires June 30, 2024.
1835-SECTION 49. IC 25-19-2 IS ADDED TO THE INDIANA CODE
2979+SECTION 52. IC 25-19-1-26 IS ADDED TO THE INDIANA
2980+CODE AS A NEW SECTION TO READ AS FOLLOWS
2981+[EFFECTIVE JULY 1, 2023]: Sec. 26. (a) An individual seeking
2982+licensure as a residential care administrator must:
2983+(1) be at least twenty-one (21) years of age;
2984+(2) have obtained at least a high school diploma or its
2985+equivalent;
2986+(3) submit to a national criminal history background check,
2987+as required by IC 25-0.5-1-8;
2988+(4) achieve a passing score, as prescribed by the board, on the
2989+state jurisprudence examination; and
2990+(5) meet one (1) of the following:
2991+(A) Be a licensed health facility administrator or a
2992+practitioner licensed by a board under IC 25.
2993+(B) Have at least one (1) year of management experience:
2994+(i) in health care;
2995+(ii) in housing;
2996+EH 1461—LS 7303/DI 104 70
2997+(iii) in hospitality; or
2998+(iv) providing services that are similar to services
2999+described in items (i) through (iii) to individuals who are
3000+elderly.
3001+(C) Possess an associate's degree in gerontology or health
3002+care.
3003+(D) Possess a bachelor's degree or higher degree from an
3004+accredited postsecondary educational institution.
3005+(E) Complete a one hundred (100) hour specialized course
3006+in residential care facility administration that is approved
3007+by the board.
3008+(b) An applicant must meet the requirements in subsection
3009+(a)(1) through (a)(3) and subsection (a)(5) before the applicant may
3010+take the state jurisprudence examination.
3011+(c) The board may issue a residential care administrator license
3012+to an individual who meets the requirements of this section.
3013+(d) Except as provided in subsection (e), for each two (2) year
3014+license period, a licensed residential care facility administrator
3015+shall complete at least twenty (20) hours of continuing education
3016+that include education on:
3017+(1) promoting resident dignity, independence, self
3018+determination, privacy, choice, and rights;
3019+(2) building safety, fire prevention, and disaster response;
3020+(3) preventing and containing infectious diseases, including
3021+hygiene protocols;
3022+(4) preventing and reporting abuse and neglect of residents;
3023+and
3024+(5) assisting residents with daily activities.
3025+(e) A licensed residential care facility administrator who holds
3026+an active health facility administrator license is not required to
3027+complete the continuing education requirements described in
3028+subsection (d). However, a residential care facility administrator
3029+described in this subsection shall complete any continuing
3030+education requirements for the residential care facility
3031+administrator's health facility administrator license.
3032+SECTION 53. IC 25-19-1-27 IS ADDED TO THE INDIANA
3033+CODE AS A NEW SECTION TO READ AS FOLLOWS
3034+[EFFECTIVE JULY 1, 2023]: Sec. 27. (a) The agency and board
3035+may not adopt rules to implement standards of practice for
3036+residential care administrators.
3037+(b) Any rules adopted by the board concerning the licensure of
3038+residential care facility administrators are void. The board shall
3039+EH 1461—LS 7303/DI 104 71
3040+submit to the publisher of the Indiana Administrative Code a list
3041+of administrative code cites that qualify under this subsection as
3042+being void and the publisher of the Indiana Administrative Code
3043+shall remove these sections from the Indiana Administrative Code.
3044+This subsection expires June 30, 2024.
3045+SECTION 54. IC 25-19-2 IS ADDED TO THE INDIANA CODE
18363046 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
18373047 JULY 1, 2023]:
1838-Chapter 2. Facility Administration
1839-Sec. 1. This chapter applies to a health facility administrator or
1840-a residential care administrator licensed under this article.
1841-HEA 1461 — Concur 44
3048+Chapter 2. Health Facility Administration
3049+Sec. 1. This chapter applies to a health facility administrator
3050+licensed under this article.
18423051 Sec. 2. The definitions of IC 25-19-1 apply to this chapter.
1843-Sec. 3. A health facility administrator or a residential care
1844-administrator shall do the following:
1845-(1) Review and consider for implementation at the health
1846-facility or the residential care facility the administrator
1847-oversees recommendations contained in various reports to
1848-maintain or improve resident care and quality of life.
3052+Sec. 3. A health facility administrator shall do the following:
3053+(1) Review and consider for implementation at the healthy
3054+facility the health facility administrator oversees
3055+recommendations contained in various reports to maintain or
3056+improve resident care and quality of life.
18493057 (2) Implement standards of accountability at the health
1850-facility or residential care facility, and hold the individuals
1851-who oversee each department within the facility accountable
1852-for the performance of each individual's department.
1853-Sec. 4. A health facility administrator or a residential care
1854-administrator shall develop and administer the following facility
1855-policies:
3058+facility and hold the individuals who oversee each department
3059+within the health facility accountable for the performance of
3060+each individual's department.
3061+Sec. 4. A health facility administrator shall develop and
3062+administer the following facility policies:
18563063 (1) Resident care policies to:
18573064 (A) ensure the health, safety, welfare, and rights of facility
18583065 residents;
18593066 (B) govern continuing resident care, including medical care
18603067 and other related services provided to residents;
18613068 (C) provide the highest practicable mental, physical, and
18623069 psychosocial well being for each resident in a healthy, safe,
18633070 and home like environment;
18643071 (D) evaluate the quality of resident care, resident rights,
18653072 and quality of life;
18663073 (E) identify facility strengths and weaknesses;
18673074 (F) implement measures to improve identified strengths
18683075 and weaknesses, evaluate progress, and institute
18693076 appropriate follow up procedures;
18703077 (G) protect the personal funds and property of residents;
18713078 and
18723079 (H) ensure residents are not subject to sexual abuse,
18733080 physical abuse, mental abuse, corporal punishment,
18743081 exploitation, neglect, or involuntary seclusion.
3082+EH 1461—LS 7303/DI 104 72
18753083 (2) Facility personnel management policies that:
18763084 (A) define job responsibilities of personnel and the
18773085 performance appraisal process;
18783086 (B) emphasize the importance of resident satisfaction;
18793087 (C) promote job satisfaction, commitment to quality care,
18803088 and resident rights by ensuring a program for the
18813089 recruitment, hiring, retention, training, and development
18823090 of competent facility personnel is in place; and
18833091 (D) ensure a sufficient number of personnel are present
1884-HEA 1461 — Concur 45
18853092 and have the ability to attain and maintain the highest
18863093 practicable level of physical, mental, and psychosocial
18873094 wellbeing for each resident.
18883095 (3) Regulatory management policies concerning compliance
18893096 with applicable local, state, and federal laws and regulations,
18903097 including:
18913098 (A) protecting residents and facility personnel from
18923099 discrimination;
18933100 (B) protecting resident records from unauthorized
1894-disclosure of confidential information;
3101+disclosure of confidential;
18953102 (C) preventing the payment, the offer of payment, or other
18963103 valuable consideration to a person or organization outside
1897-the facility for admissions; and
3104+the facility for health facility admissions; and
18983105 (D) timely correcting any deficiencies that are identified by
18993106 the Indiana department of health.
19003107 (4) Financial management policies that:
1901-(A) require the health facility administrator or residential
1902-care administrator to work with the governing body of the
1903-facility, the owner of the facility, or both to plan,
1904-implement, and evaluate an integrated financial program
1905-for the facility to ensure compliance with applicable local,
1906-state, and federal laws and regulations, and quality of
1907-resident care and life;
3108+(A) require the health facility administrator to work with
3109+the governing body of the facility, the owner of the facility,
3110+or both to plan, implement, and evaluate an integrated
3111+financial program for the facility to ensure compliance
3112+with applicable local, state, and federal laws and
3113+regulations, and quality of resident care and life;
19083114 (B) evaluate the impact that the budget has on quality of
19093115 resident care and life; and
1910-(C) require the health facility administrator or residential
1911-care administrator to share the impact described in clause
1912-(B) with the governing body of the facility or residential
1913-care facility, the owner of the facility, or both.
3116+(C) require the health facility administrator to share the
3117+impact described in clause (B) with the governing body of
3118+the facility, the owner of the facility, or both.
19143119 (5) Environmental management policies to implement and
19153120 evaluate a program of environmental services that:
19163121 (A) ensures the health facility, including the equipment and
1917-grounds of the facility, are maintained in a manner that
3122+ground of the facility, are maintained in a manner that
19183123 protects the health, safety, welfare, and rights of residents,
19193124 the families of residents, facility personnel and staff, and
3125+EH 1461—LS 7303/DI 104 73
19203126 other individuals; and
19213127 (B) provides a clean and attractive home like environment
1922-for residents.
1923-SECTION 50. IC 35-52-25-15 IS REPEALED [EFFECTIVE JULY
1924-1, 2023]. Sec. 15. IC 25-16-1-18 defines a crime concerning
1925-employment services.
1926-SECTION 51. [EFFECTIVE UPON PASSAGE] (a) As used in this
1927-HEA 1461 — Concur 46
1928-SECTION, "state department" refers to the Indiana department
1929-of health.
1930-(b) The state department shall begin development and
1931-establishment of the temporary health care services agency
1932-registration set forth in IC 16-52, as added by this act, in a manner
1933-that allows for the registration to go into effect on July 1, 2023. The
1934-state department shall develop application forms, publish the
1935-forms on the state department's website, establish application fees,
1936-set forth requirements for registration, and any other action
1937-necessary for implementation of IC 16-52, as added by this act, on
1938-July 1, 2023.
1939-(c) This SECTION expires December 31, 2023.
1940-SECTION 52. An emergency is declared for this act.
1941-HEA 1461 — Concur Speaker of the House of Representatives
1942-President of the Senate
1943-President Pro Tempore
1944-Governor of the State of Indiana
1945-Date: Time:
1946-HEA 1461 — Concur
3128+for residents.".
3129+Renumber all SECTIONS consecutively.
3130+and when so amended that said bill do pass.
3131+(Reference is to HB 1461 as introduced.)
3132+BARRETT
3133+Committee Vote: yeas 13, nays 0.
3134+_____
3135+COMMITTEE REPORT
3136+Mr. Speaker: Your Committee on Ways and Means, to which was
3137+referred House Bill 1461, has had the same under consideration and
3138+begs leave to report the same back to the House with the
3139+recommendation that said bill be amended as follows:
3140+Page 4, delete lines 31 through 42.
3141+Page 5, delete lines 1 through 22.
3142+Page 8, delete lines 23 through 42.
3143+Page 9, delete lines 1 through 30.
3144+Page 12, line 25, delete "FOLLOWS:" and insert "FOLLOWS
3145+[EFFECTIVE JULY 1, 2023]:".
3146+Page 15, delete lines 23 through 26.
3147+Page 23, line 33, after "(3)" insert "is".
3148+Page 34, line 38, after "licensure as" insert "a".
3149+Page 36, line 33, delete "(b)(5)(C)" and insert "(a)(6)(C)".
3150+Page 37, line 16, delete "(5)" and insert "(4)".
3151+Page 37, line 17, delete "(6)" and insert "(5)".
3152+Page 37, line 20, delete "(7)" and insert "(6)".
3153+Page 37, line 23, delete "(8)" and insert "(7)".
3154+Page 38, line 40, delete "at".
3155+Page 38, line 41, before "an affidavit" delete "the".
3156+Page 39, line 10, delete "subsections" and insert "subsection".
3157+Page 39, line 11, after "as" insert "an".
3158+Page 40, line 31, after "records" insert "of".
3159+Renumber all SECTIONS consecutively.
3160+and when so amended that said bill do pass.
3161+EH 1461—LS 7303/DI 104 74
3162+(Reference is to HB 1461 as printed February 7, 2023.)
3163+THOMPSON
3164+Committee Vote: yeas 22, nays 0.
3165+_____
3166+COMMITTEE REPORT
3167+Madam President: The Senate Committee on Health and Provider
3168+Services, to which was referred House Bill No. 1461, has had the same
3169+under consideration and begs leave to report the same back to the
3170+Senate with the recommendation that said bill be AMENDED as
3171+follows:
3172+Page 2, line 30, delete "IC 16-51." and insert "IC 16-52.".
3173+Page 3, line 16, delete "IC 16-51)" and insert "IC 16-52)".
3174+Page 3, line 19, delete "IC 16-51)" and insert "IC 16-52)".
3175+Page 3, line 25, delete "IC 16-51)" and insert "IC 16-52)".
3176+Page 3, line 31, delete "IC 16-51)" and insert "IC 16-52)".
3177+Page 4, line 6, delete "IC 16-51)" and insert "IC 16-52)".
3178+Page 5, delete lines 10 through 12.
3179+Page 5, line 13, delete "(d) The" and insert "(c) Not later than June
3180+30, 2024, the".
3181+Page 5, delete lines 16 through 28, begin a new paragraph and
3182+insert:
3183+"(d) Not later than October 1, 2023, and every subsequent two
3184+(2) years, the office of the secretary, in consultation with home and
3185+community based health care providers that provide Medicaid
3186+services and the area agencies on aging, shall report the following
3187+information and analysis to the budget committee and the
3188+legislative council in an electronic format under IC 5-14-6:
3189+(1) The average length of time taken by each area agency on
3190+aging to conduct functional eligibility assessments and make
3191+functional eligibility determinations for individuals seeking
3192+home and community based Medicaid services.
3193+(2) The average length of time taken by each entity approved
3194+by the office of the secretary to conduct function eligibility
3195+assessments and make functional eligibility determinations for
3196+individuals seeking home and community based Medicaid
3197+services under the state's Medicaid aged and disabled waiver.
3198+(3) A plan for determining functional eligibility of individuals
3199+seeking home and community based Medicaid services not
3200+EH 1461—LS 7303/DI 104 75
3201+later than seventy-two (72) hours from the completion of an
3202+eligibility assessment, including a time frame for
3203+implementation of the plan and specific metrics and
3204+compliance measures that will be used to improve the time
3205+frame for functional eligibility assessments and functional
3206+eligibility determinations.
3207+(e) The office of the secretary shall:
3208+(1) publish the report described in subsection (d) on the office
3209+of the secretary's website; and
3210+(2) share the report with all home and community based
3211+provides that provide services for the Medicaid aged and
3212+disabled waiver.
3213+(f) This section expires December 1, 2029.".
3214+Page 8, line 8, delete "IC 16-51," and insert "IC 16-52,".
3215+Page 8, line 25, delete "IC 16-51," and insert "IC 16-52,".
3216+Page 8, line 41, delete "IC 16-51," and insert "IC 16-52,".
3217+Page 8, line 42, delete "IC 16-51-1-3." and insert "IC 16-52-1-3.".
3218+Page 9, line 4, delete "IC 16-51," and insert "IC 16-52,".
3219+Page 9, line 4, delete "IC 16-51-1-4." and insert "IC 16-52-1-4.".
3220+Page 9, line 7, delete "IC 16-51," and insert "IC 16-52,".
3221+Page 9, line 17, delete "IC 16-51," and insert "IC 16-52,".
3222+Page 9, line 18, delete "IC 16-51-1-5." and insert "IC 16-52-1-5.".
3223+Page 9, line 21, delete "facility".
3224+Page 9, line 23, delete "IC 25-19-1-26." and insert "IC
3225+25-19-1-2.5.".
3226+Page 9, line 25, delete "of:" and insert "of a vacancy in the
3227+residential care administrator position and the name of the
3228+replacement administrator.".
3229+Page 9, delete lines 26 through 28.
3230+Page 9, delete line 35.
3231+Page 9, line 36, delete "(3)" and insert "(2)".
3232+Page 9, line 36, delete "name" and insert "name, facility number,
3233+and address".
3234+Page 9, delete lines 38 through 41, begin a new line block indented
3235+and insert:
3236+"(3) The license number of the administrator.".
3237+Page 9, line 42, delete "(7)" and insert "(4)".
3238+Page 10, line 1, delete "(8)" and insert "(5)".
3239+Page 10, line 2, delete "(9)" and insert "(6)".
3240+Page 10, between lines 2 and 3, begin a new line block indented and
3241+insert:
3242+"(7) The license number of the previous administrator.".
3243+EH 1461—LS 7303/DI 104 76
3244+Page 10, delete lines 41 and 42, begin a new paragraph and insert:
3245+"SECTION 18. IC 16-29-7-1, AS ADDED BY P.L.202-2018,
3246+SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3247+JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
3248+(1) A replacement comprehensive care health facility located in
3249+the same county as the original comprehensive care health
3250+facility, if the replacement comprehensive care health facility
3251+meets the following:
3252+(A) The replacement comprehensive care health facility does
3253+not add any additional comprehensive care beds that were not
3254+contained in the original comprehensive care health facility
3255+unless additional beds are obtained from another
3256+comprehensive care health facility in the same county as
3257+provided for in subdivision (3).
3258+(B) The original comprehensive care health facility that is
3259+being replaced by the replacement comprehensive care health
3260+facility will no longer be licensed as a comprehensive care
3261+health facility not later than sixty (60) days after the
3262+replacement comprehensive care health facility obtains a
3263+health facility license from the state department.
3264+(2) A comprehensive care health facility:
3265+(A) constructing a new addition for the existing
3266+comprehensive care health facility; or
3267+(B) modifying or altering the structure of the existing
3268+comprehensive care health facility;
3269+if the construction, modification, or alteration does not add one
3270+(1) or more new comprehensive care beds from outside of the
3271+county to the existing comprehensive care health facility.
3272+However, a comprehensive care health facility adding, modifying,
3273+or altering the facility's structure under this subdivision may add
3274+beds from within the same county as provided for in subdivision
3275+(3).
3276+(3) A comprehensive care health facility that transfers any of the
3277+comprehensive care health facility's comprehensive care beds,
3278+including the Medicaid certification status of the comprehensive
3279+care beds, to another comprehensive care health facility in the
3280+same county, regardless of whether there is common ownership
3281+between the comprehensive care health facilities. A transfer of
3282+comprehensive care beds under this subdivision must equally
3283+reduce the count of licensed comprehensive care beds in the
3284+transferring facility and increase the count of licensed
3285+comprehensive care beds in the receiving facility. A
3286+EH 1461—LS 7303/DI 104 77
3287+comprehensive care health facility that transfers any of the
3288+facility's comprehensive care beds shall reduce the facility's
3289+count of licensed comprehensive care beds by the number of
3290+beds that are transferred. The receiving facility may increase
3291+any of the following:
3292+(A) The count of licensed comprehensive care beds.
3293+(B) The number of beds that are Medicaid certified.
3294+(4) A comprehensive care bed that is:
3295+(A) owned, operated, or sponsored by a religious organization
3296+that:
3297+(i) is an Indiana nonprofit corporation;
3298+(ii) was, before December 31, 2017, exempt from adjusted
3299+gross income taxation under IC 6-3-2-2.8 by virtue of the
3300+nonprofit organization's religious organization status;
3301+(iii) is operated for bona fide religious purposes; and
3302+(iv) is not controlled, owned, or operated by a hospital
3303+licensed under IC 16-21-2; or
3304+(B) owned or operated by an Indiana nonprofit corporation that
3305+is owned by a religious organization described in clause (A);
3306+if the majority of the comprehensive care beds are used to serve
3307+members of the religious organization.
3308+(5) Comprehensive care beds that are owned, operated, or
3309+sponsored by a fraternal organization that:
3310+(A) was, before December 31, 2017, exempt from adjusted
3311+gross income taxation under IC 6-3-2-2.8 by virtue of the
3312+fraternal organization's status as a fraternal organization; and
3313+(B) is owned, operated, or sponsored by a health facility
3314+licensed under this article before December 31, 2017;
3315+if the majority of the comprehensive care beds are used to serve
3316+members of the fraternal organization.
3317+(6) Subject to section 16 of this chapter, a small house health
3318+facility that is applying to the state department for licensure or
3319+Medicaid certification for not more than fifty (50) comprehensive
3320+care beds for small house health facilities per year, including an
3321+entity related to the small house health facility through common
3322+ownership or control.
3323+(7) A continuing care retirement community that:
3324+(A) was registered under IC 23-2 before July 1, 2008;
3325+(B) continuously maintains the registration under IC 23-2; and
3326+(C) needs additional comprehensive care beds for purposes of
3327+fulfilling a continuing care contract.
3328+If a continuing care retirement community fails to maintain
3329+EH 1461—LS 7303/DI 104 78
3330+registration under IC 23-2, the comprehensive care beds,
3331+including beds certified for use in the state Medicaid program or
3332+the Medicare program, that the continuing care retirement
3333+community previously operated are not forfeited as long as the
3334+continuing care retirement community continues to comply with
3335+the licensure and certification requirements of IC 16-28.
3336+(b) Except as provided in subsections (c) and (d), the
3337+comprehensive care beds exempt from this chapter under subsection
3338+(a)(4) and (a)(5) may not be sold, leased, or otherwise conveyed to any
3339+person for at least twenty (20) years from the date the comprehensive
3340+care bed is licensed. A person that violates this subsection may not
3341+participate as a provider in the state Medicaid program.
3342+(c) Subsection (b) does not prohibit the sale, lease, or conveyance
3343+of comprehensive care beds by a religious organization described in
3344+subsection (a)(4) to:
3345+(1) another religious organization described in subsection
3346+(a)(4)(A); or
3347+(2) an Indiana nonprofit corporation that is owned by a religious
3348+organization described in subsection (a)(4)(A).
3349+However, a majority of the comprehensive care beds sold, leased, or
3350+conveyed under this subsection must be used to serve members of
3351+either the religious organization or the religious organization's
3352+nonprofit corporation to which the comprehensive care beds are sold,
3353+leased, or conveyed.
3354+(d) Subsection (b) does not prohibit the sale, lease, or conveyance
3355+of comprehensive care beds described in subsection (a)(5) to another
3356+fraternal organization described in subsection (a)(5). However, a
3357+majority of the comprehensive care beds sold, leased, or conveyed
3358+under this subsection must be used to serve members of the fraternal
3359+organization to which the beds are sold, leased, or conveyed.".
3360+Delete pages 11 through 12.
3361+Page 13, delete lines 1 through 22.
3362+Page 13, line 23, delete "IC 16-51" and insert "IC 16-52".
3363+Page 13, line 26, delete "51." and insert "52.".
3364+Page 14, line 5, after "4." insert "(a)".
3365+Page 14, line 15, delete "Any" and insert "Except as provided in
3366+subsection (b), any".
3367+Page 14, between lines 17 and 18, begin a new paragraph and insert:
3368+"(b) The term does not include a physician licensed under
3369+IC 25-22.5.".
3370+Page 14, line 41, delete "stockholders." and insert "officers.".
3371+Page 14, line 42, delete "A schedule of fees, charges, and
3372+EH 1461—LS 7303/DI 104 79
3373+commissions" and insert "A schedule or description of all fees,
3374+charges, or commissions".
3375+Page 15, delete lines 3 through 6.
3376+Page 15, line 12, after "schedule" insert "or description".
3377+Page 15, line 12, delete "and" and insert "or".
3378+Page 15, between lines 30 and 31, begin a new paragraph and insert:
3379+"Sec. 3. (a) Upon request by the state department, a person that
3380+owns or operates a temporary health care services agency shall
3381+provide to the state department a copy of all forms and contracts
3382+related to the fees, charges, or commissions expected to be collected
3383+by the temporary health care services agency from health care
3384+personnel or a health care facility.
3385+(b) Records provided to the state department under subsection
3386+(a) are not subject to disclosure under IC 5-14-3.".
3387+Page 15, line 34, delete "Provide" and insert "Upon written request
3388+to an officer of the temporary health services agency, provide".
3389+Page 15, line 37, delete "certification, training, and continuing" and
3390+insert "certification".
3391+Page 15, line 38, delete "education".
3392+Page 16, line 17, after "of" insert "at least".
3393+Page 16, line 18, delete "each".
3394+Page 17, line 14, delete "discipline" and insert "discipline, such as
3395+revocation, suspension, probation, or a fine,".
3396+Page 17, line 28, delete "assessments." and insert "screening or
3397+tests required by 410 IAC 16.2-3.1-14(t) and 410
3398+IAC 16.2-5-1.4(f).".
3399+Page 17, line 36, delete "crime." and insert "crime, except traffic
3400+related misdemeanors other than operating a motor vehicle under
3401+the influence of a drug or alcohol.".
3402+Page 17, delete lines 40 through 41.
3403+Page 17, line 42, delete "(7)" and insert "(6)".
3404+Page 19, delete lines 6 through 7.
3405+Page 19, line 8, delete "(5)" and insert "(4)".
3406+Page 19, line 10, delete "(6)" and insert "(5)".
3407+Page 19, line 12, delete "(7)" and insert "(6)".
3408+Page 19, line 15, delete "(8)" and insert "(7)".
3409+Page 19, line 18, delete "(9)" and insert "(8)".
3410+Page 19, line 20, delete "(10)" and insert "(9)".
3411+Page 19, line 20, after "services" insert "agency".
3412+Page 19, line 22, delete "(11)" and insert "(10)".
3413+Page 19, line 24, delete "(12)" and insert "(11)".
3414+Page 19, line 29, delete "(13)" and insert "(12)".
3415+EH 1461—LS 7303/DI 104 80
3416+Page 20, line 32, reset in roman "and residential care".
3417+Page 20, line 38, delete "a".
3418+Page 22, between lines 8 and 9, begin a new paragraph and insert:
3419+"(j) As used in this chapter, "residential care administrator"
3420+means an individual who:
3421+(1) administers;
3422+(2) manages;
3423+(3) supervises; or
3424+(4) is in general administrative charge of;
3425+a residential care facility.
3426+(k) As used in this chapter, "residential care facility" has the
3427+meaning set forth in IC 16-18-2-317.7.".
3428+Page 22, line 9, delete "(j)" and insert "(l)".
3429+Page 22, line 11, delete "(k)" and insert "(m)".
3430+Page 22, line 16, delete "an" and insert "a".
3431+Page 22, line 17, delete "(l)" and insert "(n)".
3432+Page 22, line 25, delete "(m)" and insert "(o)".
3433+Page 22, between lines 27 and 28, begin a new paragraph and insert:
3434+"SECTION 23. IC 25-19-1-2.5 IS ADDED TO THE INDIANA
3435+CODE AS A NEW SECTION TO READ AS FOLLOWS
3436+[EFFECTIVE JULY 1, 2023]: Sec. 2.5. (a) An individual seeking
3437+licensure as a residential care administrator must:
3438+(1) be at least twenty-one (21) years of age;
3439+(2) have obtained at least a high school diploma or its
3440+equivalent;
3441+(3) submit to a national criminal history background check,
3442+as required by IC 25-0.5-1-8;
3443+(4) achieve a passing score, as prescribed by the board, on the
3444+state jurisprudence examination; and
3445+(5) meet one (1) of the following:
3446+(A) Be a licensed health facility administrator or a
3447+registered, certified, or licensed health care practitioner
3448+under IC 16 or IC 25.
3449+(B) Have at least one (1) year of management experience:
3450+(i) in health care;
3451+(ii) in housing;
3452+(iii) in hospitality; or
3453+(iv) providing services that are similar to services
3454+described in items (i) through (iii) to individuals who are
3455+elderly.
3456+(C) Possess an associate's degree in gerontology or health
3457+care.
3458+EH 1461—LS 7303/DI 104 81
3459+(D) Possess a bachelor's degree or higher degree from an
3460+accredited postsecondary educational institution.
3461+(E) Complete a one hundred (100) hour specialized course
3462+in residential care facility administration that is approved
3463+by the board.
3464+(b) An applicant must meet the requirements in subsection
3465+(a)(1) through (a)(3) and subsection (a)(5) before the applicant may
3466+take the state jurisprudence examination.
3467+(c) The board may issue a residential care administrator license
3468+to an individual who meets the requirements of this section.
3469+(d) Except as provided in subsection (e), for each two (2) year
3470+license period, a licensed residential care administrator shall
3471+complete at least twenty (20) hours of continuing education that
3472+include education on:
3473+(1) promoting resident dignity, independence,
3474+self-determination, privacy, choice, and rights;
3475+(2) building safety, fire prevention, and disaster response;
3476+(3) preventing and containing infectious diseases, including
3477+hygiene protocols;
3478+(4) preventing and reporting abuse and neglect of residents;
3479+and
3480+(5) assisting residents with daily activities.
3481+(e) A licensed residential care administrator who holds an active
3482+health facility administrator license is not required to complete the
3483+continuing education requirements described in subsection (d).
3484+However, a residential care administrator described in this
3485+subsection shall complete any continuing education requirements
3486+for the residential care administrator's health facility
3487+administrator license.".
3488+Page 23, delete lines 11 through 13.
3489+Page 23, line 14, delete "(3)" and insert "(2)".
3490+Page 23, line 16, delete "(4)" and insert "(3)".
3491+Page 23, line 18, delete "and".
3492+Page 23, between lines 18 and 19, begin a new line block indented
3493+and insert:
3494+"(4) successfully complete the national examination; and".
3495+Page 23, line 23, after "institution" insert "and".
3496+Page 23, line 38, delete "license," and insert "license or a
3497+residential care administrator license,".
3498+Page 24, delete lines 1 through 3, begin a new paragraph and insert:
3499+"(b) If the agency is unable to resolve a discrepancy or issue of
3500+concern regarding an individual's application under this section,
3501+EH 1461—LS 7303/DI 104 82
3502+the board may require the applicant to appear before the board if
3503+the board determines the application:".
3504+Page 24, line 25, delete "an".
3505+Page 24, line 32, delete "the applicant shall appear before the
3506+board." and insert "the board may request that the applicant appear
3507+before the board.".
3508+Page 25, delete lines 3 through 5.
3509+Page 25, line 9, after "license" insert "or provisional residential
3510+care administrator license".
3511+Page 25, line 10, after "facility" insert "or residential care facility".
3512+Page 25, line 12, delete "licenced health facility;" and insert
3513+"licensed health facility or residential care facility;".
3514+Page 25, between lines 15 and 16, begin a new paragraph and insert:
3515+"(b) The board may issue a provisional residential care
3516+administrator license to an individual for a specific residential care
3517+facility if the individual has:
3518+(1) at least two (2) years of administrative experience in a
3519+residential care facility; and
3520+(2) not been convicted of a crime that has a direct bearing on
3521+the individual's ability to practice competently in accordance
3522+with IC 25-1-21.".
3523+Page 25, line 16, before "Subject" delete "(b)" and insert "(c)".
3524+Page 25, line 16, after "subsection" delete "(c)" and insert "(d)".
3525+Page 25, line 17, after "license" insert "or a provisional residential
3526+care administrator license".
3527+Page 25, line 19, delete "(c)" and insert "(d)".
3528+Page 25, line 20, delete "(b)" and insert "(c)".
3529+Page 25, line 21, delete "subsection (a)," and insert "subsection (a)
3530+or (b),".
3531+Page 25, line 22, delete "withdrawal" and insert "withdraw".
3532+Page 25, line 23, delete "(d)" and insert "(e)".
3533+Page 26, line 16, after "license" insert "and a residential care
3534+administrator's license".
3535+Page 26, delete lines 23 through 42, begin a new paragraph and
3536+insert:
3537+"SECTION 29. IC 25-19-1-5, AS AMENDED BY P.L.197-2011,
3538+SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3539+JULY 1, 2023]: Sec. 5. (a) The state department of health, pursuant to
3540+authority provided by IC 16-28, has, by rule duly promulgated,
3541+classified health facilities into comprehensive health facilities and
3542+residential health facilities. The fee for a health facility administrator's
3543+license in either classification shall be set by the board under section
3544+EH 1461—LS 7303/DI 104 83
3545+8 of this chapter.
3546+(b) The fee and application shall be submitted to the board, and the
3547+board shall transmit all the funds received to the treasurer of state to be
3548+deposited by the treasurer in the general fund of the state. All expenses
3549+incurred in the administration of this chapter shall be paid from the
3550+general fund upon appropriation being made in the manner provided by
3551+law for making appropriations.
3552+(c) The administrator of a comprehensive care facility must have a
3553+comprehensive care facility administrator license issued by the board
3554+in accordance with rules adopted under section 8 of this chapter.
3555+(d) The administrator of a residential care facility must have one (1)
3556+of the following licenses issued by the board: under rules adopted
3557+under section 8 of this chapter:
3558+(1) A comprehensive care health facility administrator license.
3559+(2) A residential care facility administrator license.".
3560+Page 27, delete lines 1 through 3.
3561+Page 27, line 6, strike "Notwithstanding section 5".
3562+Page 27, line 7, strike "of this chapter,".
3563+Page 27, line 7, delete "the" and insert "The".
3564+Page 27, line 7, after "license" insert "and a residential care
3565+administrator's license".
3566+Page 27, line 8, strike "Indiana professional licensing".
3567+Page 27, line 9, delete "." and insert "to be deposited by the
3568+treasurer in the state general fund.".
3569+Page 27, line 42, strike "he" and insert "the holder".
3570+Page 28, line 9, delete "administrator." and insert "administrator
3571+and residential care administrator.".
3572+Page 28, line 29, after "administrators" insert "and residential care
3573+administrators".
3574+Page 28, line 37, after "administrator" insert "or a residential care
3575+administrator".
3576+Page 29, line 2, delete "." and insert "and residential care
3577+administrators.".
3578+Page 29, line 23, after "license" insert "or a residential care
3579+administrator's license".
3580+Page 29, line 29, after "license" insert "and a residential care
3581+administrator's license".
3582+Page 29, line 30, strike "expires" and insert "expire".
3583+Page 30, line 4, after "license" insert "or a residential care
3584+administrator's license".
3585+Page 30, line 5, after "administrator" insert "or residential care
3586+administrator".
3587+EH 1461—LS 7303/DI 104 84
3588+Page 30, line 9, after "administrator" insert "or licensed residential
3589+care administrator".
3590+Page 30, line 10, delete "health facility".
3591+Page 30, line 11, delete "health facility".
3592+Page 30, line 14, delete "licenced" and insert "licensed".
3593+Page 30, line 14, after "administrator" insert "or licensed
3594+residential care administrator".
3595+Page 30, line 20, after "administrator" insert "or residential care
3596+administrator".
3597+Page 30, line 21, delete "health facility".
3598+Page 30, line 23, after "administrator" insert "or residential care
3599+administrator".
3600+Page 30, line 24, delete "." and insert "or residential care
3601+administrator.".
3602+Page 30, between lines 28 and 29, begin a new paragraph and insert:
3603+"(d) A licensed residential care administrator who has been
3604+inactive must show proof of having competed twenty (20) hours of
3605+continuing education within the two (2) year period immediately
3606+before the date the reactivation application is filed.".
3607+Page 30, line 29, delete "(d)" and insert "(e)".
3608+Page 30, line 36, strike "may" and insert "shall".
3609+Page 30, line 37, strike "holds".
3610+Page 30, line 38, strike "a current comparable license from another
3611+jurisdiction," and insert "applies for a health facility administrator
3612+license,".
3613+Page 31, delete lines 8 through 13.
3614+Page 31, line 14, delete "(4)" and insert "(1)".
3615+Page 31, line 17, delete "(5)" and insert "(2)".
3616+Page 31, line 17, after "practiced" insert "in another state for at
3617+least one (1) year".
3618+Page 31, line 18, delete "administrator;" and insert "administrator
3619+and currently holds an active license in good standing as a health
3620+facility administrator in another state;".
3621+Page 31, line 20, delete "office of a hospital;" and insert "officer of
3622+a hospital; and".
3623+Page 31, delete line 21.
3624+Page 31, line 22, delete "(6)" and insert "(3)".
3625+Page 31, delete lines 26 through 29, begin a new paragraph and
3626+insert:
3627+"(b) The board shall issue a residential care administrator
3628+license to any person who applies for a residential care
3629+administrator license, if the applicant:
3630+EH 1461—LS 7303/DI 104 85
3631+(1) does not have a criminal history that disqualifies the
3632+applicant from obtaining a health facility administrator
3633+license in Indiana in accordance with IC 25-1-21;
3634+(2) has practiced in another state for at least one (1) year as a:
3635+(A) licensed health facility administrator and currently
3636+holds an active license in good standing as a health facility
3637+administrator in another state;
3638+(B) licensed, certified, or registered residential care
3639+administrator and currently holds an active license,
3640+certification, or registration as a residential care
3641+administrator in another state;
3642+(C) chief executive officer of a hospital; or
3643+(D) chief operations officer of a hospital; and
3644+(3) has successfully completed the Indiana jurisprudence
3645+examination, as approved by the board.
3646+(c) The board shall issue a health facility administrator license
3647+or a residential care administrator license to an individual who:
3648+(1) holds an approved National Association of Long Term
3649+Care Administrators Board Health Services Executive license
3650+in good standing; and
3651+(2) does not have a criminal history that disqualifies the
3652+applicant from obtaining a health facility administrator
3653+license in Indiana in accordance with IC 25-1-21.".
3654+Page 31, line 34, delete "license, provisional license," and insert
3655+"license or provisional license".
3656+Page 31, line 34, strike "or temporary permit".
3657+Page 31, line 42, delete "individual licensed" and insert
3658+"individual".
3659+Page 32, line 9, after "licensed" insert "as a health facility
3660+administrator".
3661+Page 32, between lines 14 and 15, begin a new paragraph and insert:
3662+"SECTION 36. IC 25-19-1-11.5 IS ADDED TO THE INDIANA
3663+CODE AS A NEW SECTION TO READ AS FOLLOWS
3664+[EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) An individual who is not
3665+licensed as a residential care administrator may not:
3666+(1) profess to be a residential care administrator;
3667+(2) use the title "residential care administrator" or "assistant
3668+residential care administrator"; or
3669+(3) use the initials "R.C.A." or any other words, letters,
3670+abbreviations, or insignia indicating or implying that the
3671+individual is a residential care administrator or assistant
3672+residential care administrator licensed under this article;
3673+EH 1461—LS 7303/DI 104 86
3674+unless the individual is licensed as a residential care administrator
3675+under this article.
3676+(b) A licensed residential care administrator may not practice
3677+residential care administration in more than one (1) residential
3678+care facility at the same time.
3679+(c) A residential care administrator is subject to the health
3680+professions standards of practice under IC 25-1-9.".
3681+Page 32, line 18, after "administrator" insert "or residential care
3682+administrator".
3683+Page 32, line 23, after "administrator" insert "or licensed
3684+residential care administrator".
3685+Page 32, line 29, delete "health facility".
3686+Page 33, line 32, delete "long-term" and insert "long term".
3687+Page 33, line 35, after "training," insert "of which".
3688+Page 33, line 35, delete "that".
3689+Page 33, line 42, delete "long-term" and insert "long term".
3690+Page 34, line 2, after "training," insert "of which".
3691+Page 34, line 2, delete "that".
3692+Page 34, line 9, after "training," insert "of which".
3693+Page 34, line 9, delete "that".
3694+Page 36, delete line 6.
3695+Page 36, line 7, delete "(8)" and insert "(7)".
3696+Page 36, line 8, delete "an" and insert "a".
3697+Page 36, delete lines 20 through 25.
3698+Page 36, line 26, delete "(d)" and insert "(c)".
3699+Page 37, line 6, delete "(e)" and insert "(d)".
3700+Page 37, line 6, delete "(f)" and insert "(e)".
3701+Page 37, line 8, delete "one (1)" and insert "two (2)".
3702+Page 37, line 9, delete "administrator" and insert "administrators".
3703+Page 37, line 10, delete "(f)" and insert "(e)".
3704+Page 37, line 10, delete "one (1) administrator" and insert "two (2)
3705+administrators".
3706+Page 37, line 17, delete "(g)" and insert "(f)".
3707+Page 37, line 17, delete "up to" and insert "more than two (2)
3708+administrators in training but not more than".
3709+Page 37, line 20, after "spends" insert "at least".
3710+Page 37, line 24, delete "(h)" and insert "(g)".
3711+Page 37, line 29, delete "(i)" and insert "(h)".
3712+Page 38, line 33, delete "18" and insert "19".
3713+Page 39, line 14, after "apply" insert "the".
3714+Page 40, line 31, after "for" insert "a".
3715+Page 40, line 33, after "end of" insert "the".
3716+EH 1461—LS 7303/DI 104 87
3717+Page 41, line 3, delete "an" and insert "a".
3718+Page 42, delete lines 1 through 33.
3719+Page 42, line 37, delete "Health".
3720+Page 42, line 38, after "administrator" insert "or a residential care
3721+administrator".
3722+Page 42, line 41, after "administrator" insert "or a residential care
3723+administrator".
3724+Page 42, line 42, delete "healthy" and insert "health".
3725+Page 43, delete line 1, begin a new line blocked left and insert:
3726+"facility or the residential care facility the administrator oversees".
3727+Page 43, line 5, after "facility" insert "or residential care facility,".
3728+Page 43, line 6, delete "health".
3729+Page 43, line 8, after "administrator" insert "or a residential care
3730+administrator".
3731+Page 44, line 5, delete "confidential;" and insert "confidential
3732+information;".
3733+Page 44, line 8, delete "health facility".
3734+Page 44, line 12, after "administrator" insert "or residential care
3735+administrator".
3736+Page 44, line 20, after "administrator" insert "or residential care
3737+administrator".
3738+Page 44, line 22, delete "facility," and insert "facility or residential
3739+care facility,".
3740+ Page 45, line 30, delete "IC 16-51," and insert "IC 16-52,".
3741+Page 45, line 35, delete "IC 16-51," and insert "IC 16-52,".
3742+Renumber all SECTIONS consecutively.
3743+and when so amended that said bill do pass and be reassigned to the
3744+Senate Committee on Appropriations.
3745+(Reference is to HB 1461 as printed February 16, 2023.)
3746+CHARBONNEAU, Chairperson
3747+Committee Vote: Yeas 10, Nays 0.
3748+EH 1461—LS 7303/DI 104 88
3749+COMMITTEE REPORT
3750+Madam President: The Senate Committee on Appropriations, to
3751+which was referred House Bill No. 1461, has had the same under
3752+consideration and begs leave to report the same back to the Senate with
3753+the recommendation that said bill be AMENDED as follows:
3754+Page 5, line 10, delete "June 30, 2024," and insert "June 30, 2025,".
3755+Page 5, line 25, delete "function" and insert "functional".
3756+Page 5, line 41, delete "provides" and insert "providers".
3757+Page 10, delete lines 14 through 34.
3758+Page 16, line 15, after "health" insert "care".
3759+Page 29, line 38, after "service" insert "in".
3760+Page 34, line 4, delete "health facility" and insert "residential care".
3761+Page 34, line 5, after "IC 25-1-21;" insert "and".
3762+Page 34, line 12, after "registration" insert "that is in good
3763+standing".
3764+Page 34, line 15, delete "hospital; and" and insert "hospital.".
3765+Page 34, delete lines 16 through 17.
3766+Page 34, line 25, after "license" insert "or a residential care
3767+administrator license".
3768+Page 37, line 24, delete "hours".
3769+Page 38, line 9, delete "(e)" and insert "(d)".
3770+Page 38, line 9, delete "(f)," and insert "(e),".
3771+Page 38, line 12, delete "(f)" and insert "(e)".
3772+Page 38, line 14, delete "(e)." and insert "(d).".
3773+Page 38, line 15, delete "(g)" and insert "(f)".
3774+Page 42, line 23, delete "number the" and insert "number of".
3775+Page 44, delete lines 22 through 42.
3776+Page 45, delete lines 1 through 10.
3777+Page 47, line 7, delete "ground" and insert "grounds".
3778+Page 47, delete lines 13 through 42.
3779+Page 48, delete lines 1 through 2.
3780+Renumber all SECTIONS consecutively.
3781+and when so amended that said bill do pass.
3782+(Reference is to EHB 1461 as printed April 7, 2023.)
3783+MISHLER, Chairperson
3784+Committee Vote: Yeas 12, Nays 0.
3785+EH 1461—LS 7303/DI 104