First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1461
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-6-9-4, AS AMENDED BY P.L.215-2016,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) The division has the following powers and
duties:
(1) The power to investigate any written consumer complaint
made by a nonmerchant arising from a transaction between a
merchant as defined in the Uniform Commercial Code and a
nonmerchant concerning sales, leases, assignments, awards by
chance, or other dispositions of goods, services, or repairs, and
intangibles to a person for purposes that are primarily personal,
familial, household, charitable, or agricultural, or a solicitation to
supply any of the above things. When a consumer trades in or
sells a motor vehicle to another consumer or nonconsumer, the
consumer shall be considered to be a nonconsumer and shall be
subject to the provisions of this chapter. The division shall have
no jurisdiction over matters concerning utilities subject to
regulation by the utility regulatory commission or by an agency of
the United States except that the provisions of subdivision (5)
shall apply and except as provided in IC 8-1-29.
(2) For complaints filed after August 31, 1984, the duty to
ascertain from the consumer whether the consumer consents to
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public disclosure by the division of the filing of the complaint,
including the consumer's identity and telephone number, if any.
(3) The duty to notify the merchant of the nature of the complaint
by written communication and request a written reply.
(4) Upon receipt of reply, the duty to act as mediator between the
parties and attempt to resolve all complaints in a conciliatory
manner. The director of the division and the attorney general have
discretion whether to mediate complaints involving a de minimis
amount of money.
(5) If no reply is received or if the parties are unable to resolve
their differences, and no violation of federal or state statute or rule
is indicated, the duty to provide the complainant with a copy of all
correspondence relating to the matter.
(6) Whenever a violation of a state or federal law or
administrative rule is indicated, the duty to forward to the
appropriate state or federal agency a copy of the correspondence
and request that the agency further investigate the complaint and
report to the division upon the disposition of the complaint.
(7) The power to initiate and prosecute civil actions on behalf of
the state whenever an agency to which a complaint has been
forwarded fails to act upon the complaint within ten (10) working
days after its referral, or whenever no state agency has jurisdiction
over the subject matter of the complaint.
(8) The power to investigate a complaint against a temporary
health care services agency licensed under IC 16-52.
(b) All complaints and correspondence in the possession of the
division under this chapter are confidential unless disclosure of a
complaint or correspondence is:
(1) requested by the person who filed the complaint;
(2) consented to, in whole or in part, after August 31, 1984, by the
person who filed the complaint;
(3) in furtherance of an investigation by a law enforcement
agency; or
(4) necessary for the filing of an action by the attorney general
under IC 24-5-0.5.
(c) Notwithstanding subsection (b), the division may publicly
disclose information relating to the status of complaints under
subsection (a)(3), (a)(4), (a)(5), (a)(6), and (a)(7).
(d) Except for a residential telephone number published in the most
recent quarterly telephone sales solicitation listing by the division
under IC 24-4.7-3 and except as provided in subsection (e), all
consumer information provided for the purposes of registering for or
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maintaining the no telephone sales solicitation listing is confidential.
(e) The name, address, and telephone number of a registrant of the
most recent quarterly no telephone sales solicitation listing may be
released for journalistic purposes if the registrant consents to the
release of information after June 30, 2007.
SECTION 2. IC 4-6-9-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 4.5. (a) The director shall do the following:
(1) Investigate a complaint made to the division concerning a
temporary health care services agency (licensed under
IC 16-52) and determine whether the complaint is
substantiated.
(2) Notify the temporary health care services agency (licensed
under IC 16-52) of the filed complaint and substance of the
complaint.
(3) Subpoena witnesses and compel the production of
information if necessary in the investigation of the complaint.
(4) Notify the complainant, the Indiana department of health,
and the temporary health care services agency (licensed under
IC 16-52) of the director's findings concerning the complaint
and that if any remedies or violations are found, that the
Indiana department of health has the duty to take action
concerning a substantiated complaint, including overseeing
any negotiations against the parties.
(b) If the director determines that prosecution of the temporary
health care services agency (licensed under IC 16-52) is warranted
and the Indiana department of health has not negotiated a
settlement between the parties during the period of thirty (30) days
after the director has notified the Indiana department of health
concerning the director's findings, or if the Indiana department of
health informs the director of the intent not to take further action
on the matter, the director may report the findings to the attorney
general for consideration of prosecution if the director believes
disciplinary action is warranted. The attorney general shall consult
with the Indiana department of health if the attorney general
determines to prosecute the case.
(c) The director may grant, upon the request of the Indiana
department of health, a twenty (20) day extension of the time
required under subsection (b).
(d) All complaints filed under this section are confidential until
the attorney general files notice with the Indiana department of
health to prosecute the temporary health care services agency
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(licensed under IC 16-52) concerning the complaint. The division
and the Indiana department of health may only disclose
information concerning the complaint if required by law or
requested by a law enforcement agency with jurisdiction and as
part of an investigation.
SECTION 3. IC 5-20-1-4.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 4.7. (a) The authority shall do the following:
(1) Assess the feasibility of the development of new assisted
living communities for low income and middle income
individuals.
(2) Determine possible funding mechanisms for financing new
assisted living communities for low income and middle income
individuals in counties with a population of less than fifty
thousand (50,000).
(b) Not later than November 1, 2023, the authority shall deliver
in an electronic format under IC 5-14-6 a summary of the
authority's assessments and determinations under subsection (a)
to the executive director of the legislative services agency for
distribution to the members of the general assembly.
(c) This section expires December 31, 2023.
SECTION 4. IC 12-7-2-18.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 18.1. "Assisted living services", for purposes of
IC 12-10-11.5, has the meaning set forth in IC 12-10-11.5-8(a).
SECTION 5. IC 12-7-2-90.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 90.5. "Functional eligibility assessment", for
purposes of IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(a).
SECTION 6. IC 12-7-2-90.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 90.7. "Functional eligibility determination", for
purposes of IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(b).
SECTION 7. IC 12-10-11.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) As used in this section,
"functional eligibility assessment" means a review of an
individual's functional impairment level to determine whether an
individual meets the eligibility requirements for the state's
Medicaid aged and disabled waiver.
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(b) As used in this section, "functional eligibility determination"
means making a final decision concerning whether an individual
meets the proper level of care requirements to receive services
under the state's Medicaid aged and disabled waiver.
(c) Not later than June 30, 2025, the office shall provide at least
one (1) statewide option other than the area agencies on aging for
functional eligibility determinations for the state's Medicaid aged
and disabled waiver.
(d) Not later than October 1, 2023, and every subsequent two (2)
years, the office of the secretary, in consultation with home and
community based health care providers that provide Medicaid
services and the area agencies on aging, shall report the following
information and analysis to the budget committee and the
legislative council in an electronic format under IC 5-14-6:
(1) The average length of time taken by each area agency on
aging to conduct functional eligibility assessments and make
functional eligibility determinations for individuals seeking
home and community based Medicaid services.
(2) The average length of time taken by each entity approved
by the office of the secretary to conduct functional eligibility
assessments and make functional eligibility determinations for
individuals seeking home and community based Medicaid
services under the state's Medicaid aged and disabled waiver.
(3) A plan for determining functional eligibility of individuals
seeking home and community based Medicaid services not
later than seventy-two (72) hours from the completion of an
eligibility assessment, including a time frame for
implementation of the plan and specific metrics and
compliance measures that will be used to improve the time
frame for functional eligibility assessments and functional
eligibility determinations.
(e) The office of the secretary shall:
(1) publish the report described in subsection (d) on the office
of the secretary's website; and
(2) share the report with all home and community based
providers that provide services for the Medicaid aged and
disabled waiver.
(f) This section expires December 1, 2029.
SECTION 8. IC 12-10-11.5-8, AS AMENDED BY P.L.10-2019,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) As used in this section, chapter, "assisted
living services" refers to services covered under a waiver and provided
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in any of the following entities:
(1) A residential care facility licensed under IC 16-28.
(2) Any other housing with services establishment.
(b) As used in this section, "level of services" means a
determination of the type of services an individual may receive
under a Medicaid waiver based on the individual's impairment and
dependence and the corresponding reimbursement rate for the
determined level of care.
(c) As used in this section, "office" includes the following:
(1) The office of the secretary of family and social services.
(2) A managed care organization that has contracted with the
office of Medicaid policy and planning under IC 12-15.
(3) A person that has contracted with a managed care
organization described in subdivision (2).
(b) (d) Under a Medicaid waiver that provides services to an
individual who is aged or disabled, the office shall reimburse for the
following services provided to the individual by a provider of
assisted living services:
(1) Assisted living services.
(2) Integrated health care coordination.
(3) Transportation.
(e) If the office approves an increase in the level of services for
a recipient of assisted living services, the office shall reimburse the
provider of assisted living services for the level of services for the
increase as of the date that the provider has documentation of
providing the increase in the level of services.
(c) (f) The office may reimburse for any home and community based
services provided to a Medicaid recipient beginning on the date of the
individual's Medicaid application.
(d) (g) The office may not do any of the following concerning
assisted living services provided in a home and community based
services program:
(1) Require the installation of a sink in the kitchenette within any
living unit of an entity that participated in the Medicaid home and
community based service program before July 1, 2018.
(2) Require all living units within a setting that provides assisted
living services to comply with physical plant requirements that
are applicable to individual units occupied by a Medicaid
recipient.
(3) Require a provider to offer only private rooms.
(4) Require a housing with services establishment provider to
provide housing when:
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(A) the provider is unable to meet the health needs of a
resident without:
(i) undue financial or administrative burden; or
(ii) fundamentally altering the nature of the provider's
operations; and
(B) the resident is unable to arrange for services to meet the
resident's health needs.
(5) Require a housing with services establishment provider to
separate an agreement for housing from an agreement for
services.
(6) Prohibit a housing with services establishment provider from
offering studio apartments with only a single sink in the unit.
(7) Preclude the use of a shared bathroom between adjoining or
shared units if the participants consent to the use of a shared
bathroom.
(8) Reduce the scope of services that may be provided by a
provider of assisted living services under the aged and
disabled Medicaid waiver in effect on July 1, 2021.
(e) (h) The division may adopt rules under IC 4-22-2 that establish
the right, and an appeals process, for a resident to appeal a provider's
determination that the provider is unable to meet the health needs of
the resident as described in subsection (d)(4). (g)(4). The process:
(1) must require an objective third party to review the provider's
determination in a timely manner; and
(2) may not be required if the provider is licensed by the state
Indiana department of health and the licensure requirements
include an appellate procedure for such a determination.
(f) Before December 31, 2018, the office shall:
(1) implement a process for; and
(2) resume enrollment of;
a provider with specialized and secure settings for individuals with
Alzheimer's disease or other dementia, within a portion of or
throughout the setting, to become a provider under a home and
community based services program. At least forty-five (45) days before
the adoption of an enrollment process under this subsection, the office
shall consult with home and community based services providers, case
managers, care managers, and persons with expertise in Alzheimer's
disease or other dementia. The office's failure to adopt an enrollment
process under this subsection shall not prevent the office from
processing a provider application.
SECTION 9. IC 16-18-2-96, AS AMENDED BY P.L.38-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 96. (a) "Director", for purposes of IC 16-19-13,
refers to the director of the office of women's health established by
IC 16-19-13-2.
(b) "Director", for purposes of IC 16-19-14, refers to the director of
the office of minority health established by IC 16-19-14-4.
(c) "Director", for purposes of IC 16-27, means the individual acting
under the authority of and assigned the responsibility by the state health
commissioner to implement IC 16-27.
(d) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
means the individual acting under the authority of and assigned the
responsibility by the state health commissioner to implement IC 16-28,
IC 16-29, and IC 16-30.
(e) "Director", for purposes of IC 16-31, refers to the executive
director of the department of homeland security established by
IC 10-19-2-1.
(f) "Director", for purposes of IC 16-35-2, refers to the director of
the program for children with special health care needs.
(g) "Director", for purposes of IC 16-52, refers to the director
of the division of consumer protection appointed under IC 4-6-9-2.
SECTION 10. IC 16-18-2-97, AS AMENDED BY P.L.161-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 97. "Division" means the following:
(1) For purposes of IC 16-21-8, the meaning set forth in
IC 16-21-8-0.2.
(2) For purposes of IC 16-22-8, the meaning set forth in
IC 16-22-8-3.
(3) For purposes of IC 16-27, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-27.
(4) For purposes of IC 16-28, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-28.
(5) For purposes of IC 16-41-40, the division of family resources
established by IC 12-13-1-1.
(6) For purposes of IC 16-52, the division of consumer
protection created by IC 4-6-9-1.
SECTION 11. IC 16-18-2-161, AS AMENDED BY P.L.50-2021,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 161. (a) "Health care facility" includes:
(1) hospitals licensed under IC 16-21-2, private mental health
institutions licensed under IC 12-25, and tuberculosis hospitals
established under IC 16-11-1 (before its repeal);
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(2) health facilities licensed under IC 16-28; and
(3) rehabilitation facilities and kidney disease treatment centers.
(b) "Health care facility", for purposes of IC 16-21-11 and
IC 16-34-3, has the meaning set forth in IC 16-21-11-1.
(c) "Health care facility", for purposes of IC 16-28-13, has the
meaning set forth in IC 16-28-13-0.5.
(d) "Health care facility", for purposes of IC 16-36-7, has the
meaning set forth in IC 16-36-7-11.
(e) "Health care facility", for purposes of IC 16-52, has the
meaning set forth in IC 16-52-1-3.
SECTION 12. IC 16-18-2-161.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 161.8. "Health care personnel",
for purposes of IC 16-52, has the meaning set forth in IC 16-52-1-4.
SECTION 13. IC 16-18-2-174 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 174. (a) "Home health
aide", for purposes of IC 16-27-1 and IC 16-52, and IC 12-27-1.5,
means an individual who provides home health aide services.
(b) The term does not include the following:
(1) A health care professional.
(2) A volunteer who provides home health aide services without
compensation.
(3) An immediate member of the patient's family.
SECTION 14. IC 16-18-2-348.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 348.9. "Temporary health care
services agency", for purposes of IC 16-52, has the meaning set
forth in IC 16-52-1-5.
SECTION 15. IC 16-28-2-11.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 11.3. (a) A residential care
administrator must meet the requirements set forth in
IC 25-19-1-2.5.
(b) A residential care facility shall notify, not later than three (3)
working days, the state department of a vacancy in the residential
care administrator position and the name of the replacement
administrator.
(c) When a new residential care administrator begins
employment with the residential care facility, the residential care
facility shall provide the state department on a form prescribed by
the state department with the following information concerning the
residential care administrator:
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(1) The full name of the administrator.
(2) The name, facility number, and address of the residential
care facility for which the administrator is employed.
(3) The license number of the administrator.
(4) The email address of the administrator.
(5) The name of the previous administrator.
(6) The previous administrator's last date of employment.
(7) The license number of the previous administrator.
SECTION 16. IC 16-28-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) The director may
initiate a proceeding to issue a probationary license or to revoke a
license issued under this article on any of the following grounds:
(1) Breach of this article or rules adopted under this article.
(2) Permitting, aiding, or abetting the commission of an act in the
health facility or on the health facility's premises that is
determined by a court to be illegal.
(3) Conduct or practice found by the director to be detrimental to
the welfare of the patients at the health facility.
(4) Employing consecutively more than one (1) health facility
administrator provisionally licensed under IC 25-19-1-3(b)
IC 25-19-1-3(c) during any twelve (12) month period.
(b) The procedure governing an action taken under subsection (a)
is governed by:
(1) IC 4-21.5-3-8; or
(2) IC 4-21.5-4.
SECTION 17. IC 16-29-7-1, AS ADDED BY P.L.202-2018,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to the following:
(1) A replacement comprehensive care health facility located in
the same county as the original comprehensive care health
facility, if the replacement comprehensive care health facility
meets the following:
(A) The replacement comprehensive care health facility does
not add any additional comprehensive care beds that were not
contained in the original comprehensive care health facility
unless additional beds are obtained from another
comprehensive care health facility in the same county as
provided for in subdivision (3).
(B) The original comprehensive care health facility that is
being replaced by the replacement comprehensive care health
facility will no longer be licensed as a comprehensive care
health facility not later than sixty (60) days after the
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replacement comprehensive care health facility obtains a
health facility license from the state department.
(2) A comprehensive care health facility:
(A) constructing a new addition for the existing
comprehensive care health facility; or
(B) modifying or altering the structure of the existing
comprehensive care health facility;
if the construction, modification, or alteration does not add one
(1) or more new comprehensive care beds from outside of the
county to the existing comprehensive care health facility.
However, a comprehensive care health facility adding, modifying,
or altering the facility's structure under this subdivision may add
beds from within the same county as provided for in subdivision
(3).
(3) A comprehensive care health facility that transfers any of the
comprehensive care health facility's comprehensive care beds,
including the Medicaid certification status of the comprehensive
care beds, to another comprehensive care health facility in the
same county, regardless of whether there is common ownership
between the comprehensive care health facilities. A transfer of
comprehensive care beds under this subdivision must equally
reduce the count of licensed comprehensive care beds in the
transferring facility and increase the count of licensed
comprehensive care beds in the receiving facility. A
comprehensive care health facility that transfers any of the
facility's comprehensive care beds shall reduce the facility's
count of licensed comprehensive care beds by the number of
beds that are transferred. The receiving facility may increase
any of the following:
(A) The count of licensed comprehensive care beds.
(B) The number of beds that are Medicaid certified.
(4) A comprehensive care bed that is:
(A) owned, operated, or sponsored by a religious organization
that:
(i) is an Indiana nonprofit corporation;
(ii) was, before December 31, 2017, exempt from adjusted
gross income taxation under IC 6-3-2-2.8 by virtue of the
nonprofit organization's religious organization status;
(iii) is operated for bona fide religious purposes; and
(iv) is not controlled, owned, or operated by a hospital
licensed under IC 16-21-2; or
(B) owned or operated by an Indiana nonprofit corporation that
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is owned by a religious organization described in clause (A);
if the majority of the comprehensive care beds are used to serve
members of the religious organization.
(5) Comprehensive care beds that are owned, operated, or
sponsored by a fraternal organization that:
(A) was, before December 31, 2017, exempt from adjusted
gross income taxation under IC 6-3-2-2.8 by virtue of the
fraternal organization's status as a fraternal organization; and
(B) is owned, operated, or sponsored by a health facility
licensed under this article before December 31, 2017;
if the majority of the comprehensive care beds are used to serve
members of the fraternal organization.
(6) Subject to section 16 of this chapter, a small house health
facility that is applying to the state department for licensure or
Medicaid certification for not more than fifty (50) comprehensive
care beds for small house health facilities per year, including an
entity related to the small house health facility through common
ownership or control.
(7) A continuing care retirement community that:
(A) was registered under IC 23-2 before July 1, 2008;
(B) continuously maintains the registration under IC 23-2; and
(C) needs additional comprehensive care beds for purposes of
fulfilling a continuing care contract.
If a continuing care retirement community fails to maintain
registration under IC 23-2, the comprehensive care beds,
including beds certified for use in the state Medicaid program or
the Medicare program, that the continuing care retirement
community previously operated are not forfeited as long as the
continuing care retirement community continues to comply with
the licensure and certification requirements of IC 16-28.
(b) Except as provided in subsections (c) and (d), the
comprehensive care beds exempt from this chapter under subsection
(a)(4) and (a)(5) may not be sold, leased, or otherwise conveyed to any
person for at least twenty (20) years from the date the comprehensive
care bed is licensed. A person that violates this subsection may not
participate as a provider in the state Medicaid program.
(c) Subsection (b) does not prohibit the sale, lease, or conveyance
of comprehensive care beds by a religious organization described in
subsection (a)(4) to:
(1) another religious organization described in subsection
(a)(4)(A); or
(2) an Indiana nonprofit corporation that is owned by a religious
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organization described in subsection (a)(4)(A).
However, a majority of the comprehensive care beds sold, leased, or
conveyed under this subsection must be used to serve members of
either the religious organization or the religious organization's
nonprofit corporation to which the comprehensive care beds are sold,
leased, or conveyed.
(d) Subsection (b) does not prohibit the sale, lease, or conveyance
of comprehensive care beds described in subsection (a)(5) to another
fraternal organization described in subsection (a)(5). However, a
majority of the comprehensive care beds sold, leased, or conveyed
under this subsection must be used to serve members of the fraternal
organization to which the beds are sold, leased, or conveyed.
SECTION 18. IC 16-52 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2023]:
ARTICLE 52. TEMPORARY HEALTH CARE SERVICES
AGENCIES
Chapter 1. Definitions
Sec. 1. As used in this article, "director" refers to the director
of the division of consumer protection appointed under IC 4-6-9-2.
Sec. 2. As used in this article, "division" refers to the division of
consumer protection created by IC 4-6-9-1.
Sec. 3. As used in this article, "health care facility" includes the
following:
(1) A housing with services establishment (as defined in
IC 12-10-15-3).
(2) A private mental health institution licensed under
IC 12-25.
(3) An ambulatory outpatient surgical center licensed under
IC 16-21-2.
(4) A hospital licensed under IC 16-21-2.
(5) A hospice program licensed under IC 16-25-3.
(6) A home health agency licensed under IC 16-27-1.
(7) A health facility licensed under IC 16-28-2 or IC 16-28-3.
(8) A child caring institution or group home licensed under
IC 31-27.
Sec. 4. (a) As used in this article, "health care personnel" means
the following:
(1) A nurse aide (as defined in IC 16-28-13-1).
(2) A registered nurse or licensed practical nurse licensed
under IC 25-23.
(3) An advanced practice registered nurse licensed under
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IC 25-23.
(4) A qualified medication aide certified under IC 16-28-1-11.
(5) A home health aide.
(6) A physician assistant licensed under IC 25-27.5.
(7) Except as provided in subsection (b), any other individual
licensed or authorized by the state to provide health care or
professional services to residents or patients of a health care
facility.
(b) The term does not include a physician licensed under
IC 25-22.5.
Sec. 5. (a) As used in this article, "temporary health care
services agency" means a person engaged for hire in the business
of providing or procuring temporary employment in health care
facilities for health care personnel.
(b) The term does not include an individual who only engages on
the individual's own behalf to provide services on a temporary
basis to health care facilities.
Chapter 2. Registration
Sec. 1. (a) The state department shall establish a temporary
health care services agency registry.
(b) The state department shall develop an application for the
registry that at least requires the applicant to provide the
following:
(1) The name and addresses of each person that has an
ownership interest in the temporary health care services
agency.
(2) If the owner is a corporation or other business entity:
(A) the name of the state in which the business is
incorporated, a copy of the articles of incorporation or
association or similar documentation, and any
amendments or bylaws;
(B) the location of its principal place of business; and
(C) the names and addresses of its directors and officers.
(3) A schedule or description of all fees, charges, or
commissions that the temporary health care services agency
expects to charge and collect for services.
(c) Except as provided in subsection (e), the state department
shall establish and collect an annual registration fee of at least one
hundred fifty dollars ($150) for the registry. Fees collected under
this chapter shall be paid to the state general fund.
(d) If a temporary health care services agency changes the
agency's schedule or description of fees, charges, or commissions
HEA 1461 — Concur 15
that were submitted under subsection (b)(3), the temporary health
care services agency shall file the changes with the state
department at least thirty (30) days before the changes are set to
be effective.
(e) The state department may waive the registration fee under
subsection (c) for a charitable and benevolent organization or
association, as determined by the state department and in
consultation with the division of family resources.
Sec. 2. (a) A person that owns or operates a temporary health
care services agency shall:
(1) register annually with; and
(2) provide a list of each location to;
the state department in the manner prescribed by the state
department.
(b) A registration under this chapter is valid for one (1) year
from the date of issuance. However, if a temporary health care
services agency is sold or ownership is transferred, the registration
is void and the new owner shall apply for registration under this
chapter.
Sec. 3. (a) Upon request by the state department, a person that
owns or operates a temporary health care services agency shall
provide to the state department a copy of all forms and contracts
related to the fees, charges, or commissions expected to be collected
by the temporary health care services agency from health care
personnel or a health care facility.
(b) Records provided to the state department under subsection
(a) are not subject to disclosure under IC 5-14-3.
Chapter 3. Requirements
Sec. 1. (a) A temporary health care services agency shall do the
following:
(1) Upon written request to an officer of the temporary health
care services agency, provide the following to a health care
facility for any health care personnel supplied by the agency:
(A) Documentation that each health care personnel meets
all licensing or certification requirements for the
profession in which the health care personnel will be
working.
(B) Proof of applicable criminal record checks for each
health care personnel if required by law.
(2) Comply with any requirement relating to the health and
other qualifications of a health care personnel employed or
contracted to provide services in a health care facility.
HEA 1461 — Concur 16
(3) Bill a health care facility not later than three (3) months
from the date of services rendered for any services provided
by:
(A) the temporary health care services agency to the health
care facility; or
(B) an applicant referred by the temporary health care
services agency to and approved by the health care facility
for the performance of health care personnel's services
that are billed by the agency.
However, a health care facility and a temporary health care
services agency may contract for billing to occur in a time
frame that is less than three (3) months and the temporary
health care services agency shall comply with the agreed upon
time frame.
(4) Carry a dishonesty bond of at least ten thousand dollars
($10,000) for health care personnel provided or procured by
the temporary health care services agency.
(5) Maintain insurance coverage for worker's compensation
for each health care personnel provided or procured by the
temporary health care services agency.
(6) Retain all records for at least five (5) years in a manner
that allows the records to be immediately available to the
state department for inspection to determine compliance with
this article.
(b) A temporary health care services agency may not do the
following:
(1) Restrict in any manner the employment opportunities of
health care personnel.
(2) Publish, cause to be published, or verbally make any false,
fraudulent, or misleading notice, advertisement, or statement,
or give any false or misleading information to a health care
facility concerning any health care personnel or the health
care personnel's qualifications to provide services to the
health care facility.
(3) Recruit potential health care personnel on the premises of
a health care facility.
(4) Require, as a condition of employment, assignment, or
referral, that health care personnel recruit new health care
personnel for the temporary health care services agency from
the permanent employees of the health care facility to which
the health care personnel was employed, assigned, or referred.
(5) Send any applicant or collect any fee from an applicant
HEA 1461 — Concur 17
before obtaining or securing an order for the employment or
position for the temporary performance of services.
Sec. 2. (a) Before a temporary health care services agency may
refer a health care personnel to a health care facility, the
temporary health care services agency shall do the following:
(1) Make inquiries concerning health care personnel,
including the following:
(A) Ensuring that the health care personnel meets the
licensing, certification, or registration requirements for the
profession for which the health care personnel is to be
referred.
(B) Determining if any discipline, such as revocation,
suspension, probation, or a fine, has been taken against the
health care personnel's license, certification, or
registration, including any license, certificate, or
registration that is active, inactive, retired, or expired,
including in another state or jurisdiction.
(2) Check all professional registries that the temporary health
care services agency has reason to believe contain information
on the health care personnel, including other states and
jurisdictions.
(3) Comply with any federal or state statute or regulation
concerning the qualifications for a health care facility to
engage or employ the health care personnel, including
performing:
(A) criminal background checks; and
(B) health screening or tests required by 410
IAC 16.2-3.1-14(t) and 410 IAC 16.2-5-1.4(f).
(b) A temporary health care services agency shall, not later than
seven (7) days of becoming aware, notify the state department and
the office of the attorney general in writing of any circumstance
concerning a health care personnel referred by the temporary
health care service agency that threatens the welfare, safety, or
health of the public, including the following:
(1) Diversion of a legend drug or controlled substance.
(2) Conviction of a crime, except traffic related misdemeanors
other than operating a motor vehicle under the influence of a
drug or alcohol.
(3) Abuse of a patient.
(4) Engagement in sexual contact with a patient.
(5) Disciplinary action in another state or jurisdiction.
(6) A violation of the health care personnel's standard of
HEA 1461 — Concur 18
practice set forth in IC 25-1-9-4.
Sec. 3. The delegation of any authority or requirement by the
temporary health care services agency does not exempt the
temporary health care service agency from the requirements set
forth in this chapter.
Sec. 4. (a) If a health care personnel fails, through no fault of the
health care personnel, to obtain employment or the position from
the health care facility to which the temporary health care services
agency referred the health care personnel, the temporary health
care services agency shall, upon request, refund the full amount the
health care personnel paid to the temporary health care services
agency for the referral. However, the health care personnel is not
eligible for a refund from the temporary health care services
agency if the health care personnel leaves or abandons the
employment or position without reasonable cause.
(b) In addition to the payment under subsection (a), if a
temporary health care services agency refers a health care
personnel to a health care facility and no employment or service
existed, the temporary health care services agency shall pay the
health care personnel not later than five (5) days after demand, the
amount of the health care personnel's transportation to and from
the health care facility and other reasonable expenses.
Sec. 5. The state department may adopt rules under IC 4-22-2
necessary to implement and administer this article.
Chapter 4. Complaints; Violations
Sec. 1. (a) Any individual may file a complaint against a
temporary health care services agency in writing with the division.
(b) The division is responsible for investigating a complaint
against a temporary health care services agency filed under
subsection (a) in accordance with IC 4-6-9-4.5.
(c) If the division determines that a complaint is substantiated,
the division shall inform the state department and the state
department shall:
(1) oversee any negotiations between the parties of the
complaint; and
(2) determine any proper action to take against the temporary
health care services agency for a violation under this article.
Sec. 2. (a) The state department may issue an order of
compliance, impose a civil penalty, or refuse to issue a registration
to a temporary health care services agency or a person that owns
or operates a temporary health care services agency for any of the
following reasons:
HEA 1461 — Concur 19
(1) Failing to obtain or maintain a registration as required by
this article.
(2) Violating a provision of this article.
(3) Failing to take immediate action to remedy a violation of
this article.
(4) Engaging in fraud or deceit in obtaining or attempting to
obtain a registration.
(5) Lending the temporary health care service agency's
registration to another person.
(6) Enabling another person to manage or operate the
temporary health care services agency that is not subject to
the temporary health care service agency's registration.
(7) Using the temporary health care service agency
registration of another person or in any way knowingly aiding
or abetting the improper granting of a registration.
(8) Violating an order previously issued by the state
department in a disciplinary matter.
(9) Continuing operating a temporary health care services
agency after June 30, 2023, without complying with this
article.
(10) Engaging in fraud or deception of those seeking
employment or of a health care facility.
(11) Billing a health care facility with fees, charges, and
commissions for health care personnel in excess of the
schedule of fees, charges, and commissions submitted by the
temporary health care services agency to the state
department.
(12) Violating any other rules adopted by the state
department under IC 4-22-2 that specify a requirement that
must be met by a temporary health care services agency in
order to be registered under this article.
(b) The state department may impose any of the following for a
violation of subsection (a):
(1) Deny the application for a registration or renewal of a
registration under this article.
(2) Revoke, suspend, restrict, or otherwise limit a registration
under this article.
(3) Impose a civil penalty of not more than five thousand
dollars ($5,000) for each incident in which a temporary health
care services agency engages in conduct prohibited under
subsection (a).
(4) Stay enforcement of any revocation, suspension,
HEA 1461 — Concur 20
restriction, or other limitation under subdivision (2) or any
other discipline and place the temporary health care services
agency on probation with the state department having the
right to vacation the probationary order for noncompliance
with provisions under this article.
Sec. 3. (a) If the registration of a temporary health care services
agency has been revoked by the state department, the person that
owns or operates the temporary health care services agency may
not apply for reinstatement of the registration for at least five (5)
years after the date of the revocation of the registration.
(b) After five (5) years described in subsection (a), the person
that owns or operates a temporary health care services agency may
submit a petition to the state department for a new registration.
The petition must include facts to establish that the temporary
health care services agency has been rehabilitated and the issuance
of a new registration is not contrary to the public interest.
(c) The state department may grant a petition submitted under
subsection (b) without conducting a hearing after the state
department reviews the facts submitted with the petition. If the
state department approves the petition, the state department shall
issue the registration and the temporary health care services
agency shall comply with this article.
(d) If the state department denies the petition submitted under
subsection (b) after the state department reviews the facts
submitted with the petition, the temporary health care services
agency may not submit a new petition for at least one (1) year from
the date of the denial.
SECTION 19. IC 25-0.5-1-8, AS ADDED BY P.L.3-2014,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. IC 25-1-1.1-4 applies to an individual licensed
or certified under IC 25-19 (health facility and residential care facility
administrators).
SECTION 20. IC 25-16 IS REPEALED [EFFECTIVE JULY 1,
2023]. (Employment Services).
SECTION 21. IC 25-19-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) As used in this
chapter, "administrator in training" means an individual who:
(1) has registered with the board before starting an
administrator in training program;
(2) desires to become involved in a professional health care
training program; and
(3) meets any other criteria established by the board.
HEA 1461 — Concur 21
(b) As used in this chapter, "administrator in training program"
means an internship program that:
(1) provides a continuous educational experience in a health
facility approved by the board; and
(2) is administered under the supervision of:
(A) an individual preceptor; or
(B) training center;
approved by the board.
(c) As used in this chapter, "agency" refers to the Indiana
professional licensing agency.
(d) As used in this chapter, "board" refers to the Indiana state board
of health facility administrators.
(b) (e) As used in this chapter, "health facility administrator" means
a natural person who administers, manages, supervises, or is in general
administrative charge of a licensed health facility whether such
individual has an ownership interest in the health facility and whether
the person's functions and duties are shared with one (1) or more
individuals.
(c) (f) As used in this chapter, "health facility" means any institution
or facility defined as such for licensing under IC 16-28 and classified
into care categories by rules adopted under IC 16-28.
(g) As used in this chapter, "postsecondary educational
institution accredited program" means a postsecondary
educational institution that:
(1) offers a degree in health facility administration;
(2) is accredited by the National Association of Long Term
Care Administrator Boards; and
(3) is approved by the board to oversee and manage an
administrator in training program.
(h) As used in this chapter, "practice of health facility
administration" means the practice of an individual who is
designated by the legal owner of a health facility to operate a
health facility, including:
(1) planning;
(2) organizing;
(3) developing;
(4) directing; or
(5) controlling;
a health facility.
(i) As used in this chapter, "preceptor" means any of the
following:
(1) An individual who meets the requirements set forth in
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section 20 of this chapter.
(2) A training center.
(3) A postsecondary educational institution that is:
(A) accredited by the National Association of Long Term
Care Administrator Boards; and
(B) approved by the board to oversee and manage an
administrator in training program.
(j) As used in this chapter, "residential care administrator"
means an individual who:
(1) administers;
(2) manages;
(3) supervises; or
(4) is in general administrative charge of;
a residential care facility.
(k) As used in this chapter, "residential care facility" has the
meaning set forth in IC 16-18-2-317.7.
(l) As used in this chapter, "sponsor" means a sponsor of
continuing education programs for health facility administrators.
(m) As used in this chapter, "student intern" refers to an
individual who is:
(1) enrolled in a bachelor or masters degree program at a
university that is accredited by the National Association of
Long term Care Administrator Boards; and
(2) participating in a student internship.
(n) As used in this chapter, "student internship" means an
educational experience that:
(1) occurs at a health facility or multiple health facilities;
(2) is part of a bachelor or masters degree program at a
postsecondary educational institution that is accredited by the
National Association of Long term Care Administrator
Boards; and
(3) is administered under the supervision of a preceptor.
(o) As used in this chapter, "training center" means an
educational center that is approved by the board to oversee and
manage an administrator in training program.
SECTION 22. IC 25-19-1-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 2.5. (a) An individual seeking
licensure as a residential care administrator must:
(1) be at least twenty-one (21) years of age;
(2) have obtained at least a high school diploma or its
equivalent;
HEA 1461 — Concur 23
(3) submit to a national criminal history background check,
as required by IC 25-0.5-1-8;
(4) achieve a passing score, as prescribed by the board, on the
state jurisprudence examination; and
(5) meet one (1) of the following:
(A) Be a licensed health facility administrator or a
registered, certified, or licensed health care practitioner
under IC 16 or IC 25.
(B) Have at least one (1) year of management experience:
(i) in health care;
(ii) in housing;
(iii) in hospitality; or
(iv) providing services that are similar to services
described in items (i) through (iii) to individuals who are
elderly.
(C) Possess an associate's degree in gerontology or health
care.
(D) Possess a bachelor's degree or higher degree from an
accredited postsecondary educational institution.
(E) Complete a one hundred (100) hour specialized course
in residential care facility administration that is approved
by the board.
(b) An applicant must meet the requirements in subsection
(a)(1) through (a)(3) and subsection (a)(5) before the applicant may
take the state jurisprudence examination.
(c) The board may issue a residential care administrator license
to an individual who meets the requirements of this section.
(d) Except as provided in subsection (e), for each two (2) year
license period, a licensed residential care administrator shall
complete at least twenty (20) hours of continuing education that
include education on:
(1) promoting resident dignity, independence,
self-determination, privacy, choice, and rights;
(2) building safety, fire prevention, and disaster response;
(3) preventing and containing infectious diseases, including
hygiene protocols;
(4) preventing and reporting abuse and neglect of residents;
and
(5) assisting residents with daily activities.
(e) A licensed residential care administrator who holds an active
health facility administrator license is not required to complete the
continuing education requirements described in subsection (d).
HEA 1461 — Concur 24
However, a residential care administrator described in this
subsection shall complete any continuing education requirements
for the residential care administrator's health facility
administrator license.
SECTION 23. IC 25-19-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) The board may
issue licenses to qualified persons as health facility administrators. and
shall establish qualification criteria for health facility administrators.
The board shall adopt rules establishing standards for the competent
practice of a health facility administrator.
(b) A person who applies to the board to practice as a health facility
administrator must:
(1) not have been convicted of a crime that has a direct bearing on
the person's ability to practice competently in accordance with
IC 25-1-21;
(2) have:
(A) satisfactorily completed a course of instruction and
training prescribed by the board, which course shall be so
designed as to content and so administered as to present
sufficient knowledge of the needs properly to be served by
health facilities, laws governing the operation of health
facilities and the protection of the interests of patients therein,
and the elements of good health facilities administration; or
(B) presented evidence satisfactory to the board of sufficient
education, training, or experience in the foregoing fields to
administer, supervise, and manage a health facility; and
(3) have passed an examination administered by the board and
designed to test for competence in the subject matter referred to
in subdivision (2).
(2) successfully complete an administrator in training
program;
(3) achieve a passing score, as determined by the board, on a
state jurisprudence examination described in section 3.2 of
this chapter;
(4) successfully complete the national examination; and
(5) meet one (1) of the following:
(A) Possess a bachelor's degree or higher degree from an
accredited postsecondary educational institution.
(B) Possess an associate's degree from an accredited
postsecondary educational institution and complete a
specialized course of study in long term health care
administration, as prescribed by the board.
HEA 1461 — Concur 25
(C) Complete a specialized course of study in long term
care administration prescribed by the board.
(b) (c) Subject to section 3.3 of this chapter, the board may issue
a provisional license for a single period not to exceed six (6) months
for the purpose of enabling a qualified individual to fill a health facility
administrator position that has been unexpectedly vacated. Before an
individual is issued a provisional license, the individual must fulfill the
requirements in subdivision (a)(1) in addition to complying with other
standards and rules established by the board.
SECTION 24. IC 25-19-1-3.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3.1. (a) To apply for a health
facility administrator license or a residential care administrator
license, an applicant shall do the following:
(1) Electronically submit an application to the board on a
form prescribed by the board.
(2) Provide evidence that the applicant meets the
requirements of this chapter.
(b) If the agency is unable to resolve a discrepancy or issue of
concern regarding an individual's application under this section,
the board may require the applicant to appear before the board if
the board determines the application:
(1) is incomplete; or
(2) lacks sufficient evidence that the applicant meets the
requirements of this chapter.
SECTION 25. IC 25-19-1-3.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3.2. (a) An individual who applies
to the board for a health facility administrator license must
successfully pass a state jurisprudence examination that covers the
following topics:
(1) Applicable standards of environmental health and safety.
(2) Local health and safety regulation.
(3) General administration.
(4) Psychology of patient care.
(5) Principles of medical care.
(6) Pharmaceutical services and drug handling.
(7) Personal and social care.
(8) Therapeautic and supportive care and services in long
term care.
(9) Departmental organization and management.
(10) Community interrelationships.
HEA 1461 — Concur 26
(b) An applicant must submit a completed application and pay
any required fee before the applicant may take the examination
described in subsection (a).
(c) An applicant who takes the examination and does not achieve
a passing score may not take the examination described in
subsection (a) more than three (3) additional times.
(d) If an applicant takes the examination the maximum number
of times allowed under subsection (c) and fails to achieve a passing
score, the board may request that the applicant appear before the
board. The board may require the applicant to provide the board
with evidence of the following:
(1) The applicant completed not more than one hundred (100)
hours of continuing education hours, as approved by the
board.
(2) A new application for an administrator in training
program.
(3) The applicant has applied for an administrator in training
program.
(4) The applicant meets all other requirements for a health
facility administrator license at the time the applicant
reapplies for a license.
SECTION 26. IC 25-19-1-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3.3. (a) The board may issue a
provisional health facility administrator license or provisional
residential care administrator license to an individual for a specific
licensed health facility or residential care facility if the individual
has:
(1) at least two (2) years of administrative experience in a
licensed health facility or residential care facility; and
(2) not been convicted of a crime that has a direct bearing on
the individual's ability to practice competently in accordance
with IC 25-1-21.
(b) The board may issue a provisional residential care
administrator license to an individual for a specific residential care
facility if the individual has:
(1) at least two (2) years of administrative experience in a
residential care facility; and
(2) not been convicted of a crime that has a direct bearing on
the individual's ability to practice competently in accordance
with IC 25-1-21.
(c) Subject to subsection (d), the chair of the board may issue a
HEA 1461 — Concur 27
provisional health facility administrator license or a provisional
residential care administrator license to an individual who appears
to be qualified.
(d) If the board determines that an individual described in
subsection (c) fails to meet all applicable qualification for a
provisional license described in subsection (a) or (b), the board
may withdraw the provisional license.
(e) Experience that an individual gains while practicing health
facility administration with a provisional license issued under this
section may count toward the requirements for an administrator
in training, as approved by the board.
SECTION 27. IC 25-19-1-3.5 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 3.5. (a) The board may issue a temporary permit to
practice as a health facility administrator to a person who:
(1) has applied to the board for a license to practice as a health
facility administrator;
(2) has a current license as a health facility administrator in
another state;
(3) has met the educational requirements of the board;
(4) has completed a board approved training program or board
determined equivalent; and
(5) has successfully completed the national examination with a
score equivalent to the score required by this state.
(b) The board may substitute for the requirements in subsection
(a)(3) or (a)(4) the experience of a person as a licensed health facility
administrator in another state.
(c) A temporary permit issued under this section expires upon:
(1) the issuance of a license to the holder of the temporary permit;
or
(2) the receipt by the holder of the temporary permit of notice
from the board that the holder of the temporary permit has failed
the required examination for licensure.
(d) A person holding a temporary permit to practice as a health
facility administrator is subject to the disciplinary provisions of this
chapter.
(e) The board may establish, by rules adopted under IC 4-22-2 and
IC 25-19-1-4, application procedures and requirements for the issuance
of temporary permits under this section.
SECTION 28. IC 25-19-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 4. The board shall
license health facility administrators in accordance with rules issued
and from time to time revised by it. A health facility administrator's
HEA 1461 — Concur 28
license and a residential care administrator's license shall not be
transferable and shall be valid until surrendered for cancellation or
suspended or revoked for violation of this chapter or any other laws or
rules relating to the proper administration and management of a health
facility. Any denial of issuance or renewal, suspension, or revocation
under any section of this chapter shall be appealable upon the timely
request of the applicant or licensee and pursuant to IC 4-21.5.
SECTION 29. IC 25-19-1-5, AS AMENDED BY P.L.197-2011,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) The state department of health, pursuant to
authority provided by IC 16-28, has, by rule duly promulgated,
classified health facilities into comprehensive health facilities and
residential health facilities. The fee for a health facility administrator's
license in either classification shall be set by the board under section
8 of this chapter.
(b) The fee and application shall be submitted to the board, and the
board shall transmit all the funds received to the treasurer of state to be
deposited by the treasurer in the general fund of the state. All expenses
incurred in the administration of this chapter shall be paid from the
general fund upon appropriation being made in the manner provided by
law for making appropriations.
(c) The administrator of a comprehensive care facility must have a
comprehensive care facility administrator license issued by the board
in accordance with rules adopted under section 8 of this chapter.
(d) The administrator of a residential care facility must have one (1)
of the following licenses issued by the board: under rules adopted
under section 8 of this chapter:
(1) A comprehensive care health facility administrator license.
(2) A residential care facility administrator license.
SECTION 30. IC 25-19-1-5.1, AS AMENDED BY P.L.1-2006,
SECTION 438, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 5.1. (a) Notwithstanding section 5
of this chapter, The fee for a health facility administrator's license and
a residential care administrator's license shall be submitted to the
Indiana professional licensing agency for it to transmit to the state
treasurer to be deposited by the treasurer in the state general fund.
(b) Subject to IC 25-1-8-2 and except as provided in subsection
(d), the board shall charge and collect the following fees:
(1) A one hundred dollar ($100) application for licensure fee.
(2) A one hundred dollar ($100) application fee to retake the
state jurisprudence examination.
(3) A fifty dollar ($50) fee to retake the national examination.
HEA 1461 — Concur 29
(4) A one hundred dollar ($100) license renewal fee.
(5) A fifty dollar ($50) provisional license fee.
(6) A fifty dollar ($50) preceptor application fee.
(7) A ten dollar ($10) duplicate wall license fee.
(8) A one hundred dollar ($100) continuing education
sponsorship application fee.
(9) A one hundred dollar ($100) annual continuing education
sponsorship.
(c) An applicant for a health facility administrator license who
is required to take the national examination shall pay the fee
described in subsection (b)(3) directly to the professional
examination service in the amount required by the examination
service.
(d) The board may not charge a fee described in subsection
(b)(8) to any of the following:
(1) A state or federal agency.
(2) A state funded school.
However, an exemption from the fee under this chapter does not
relieve an agency or school from a requirement or duty prescribed
by law.
SECTION 31. IC 25-19-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 7. The Board shall have
sole and exclusive authority to determine the qualifications, skill and
fitness of any person to serve as an administrator of a health facility
under the provisions of this chapter, and The holder of a license under
the provisions of this chapter, shall be deemed qualified to serve as the
administrator of that type of health facility for which he the holder is
licensed.
In carrying out its responsibilities under this chapter, The Board
may seek the advice of various disciplines, agencies, institutions and
individuals having an interest in long-term care.
SECTION 32. IC 25-19-1-8, AS AMENDED BY P.L.54-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. The board shall do the following:
(1) Adopt rules establishing: necessary to carry out the
requirements of this chapter for the practice of a health
facility administrator and residential care administrator.
(A) standards for the competent practice of a health facility
administrator; and
(B) separate education, experience, and training requirements
for licensure in each of the following classifications described
in section 5 of this chapter:
HEA 1461 — Concur 30
(i) Comprehensive health facility administrator.
(ii) Residential health facility administrator.
(2) Develop and apply appropriate techniques, including
examination and investigations, for determining whether an
individual meets the standards.
(3) Issue licenses to individuals determined, after application of
the appropriate criteria, to meet the standards, and for cause, after
due notice and hearing, impose sanctions under IC 25-1-9,
including placing the licensee on probation and revoking or
suspending licenses previously issued by the board in any case
where the individual holding the license is determined
substantially to have failed to conform to the requirements of the
standards.
(4) Establish and carry out the procedures designed to ensure that
individuals licensed as health facility administrators and
residential care administrators will, during any period that they
serve as such, comply with the requirements of the standards.
(5) Subject to IC 25-1-7, receive, investigate, and take appropriate
action under IC 25-1-9 with respect to, and including probation,
suspension, or the revocation of a license if necessary after due
notice and hearing and for cause, any charge or complaint filed
with the board to the effect that any individual licensed as a health
facility administrator or a residential care administrator has
failed to comply with the requirements of the standards.
(6) Conduct a continuing study and investigation of health
facilities and administrators of health facilities in the state to
improve the standards imposed for the licensing of the
administrators and of procedures and methods for the
enforcement of the standards with respect to licensed health
facility administrators and residential care administrators.
(7) Conduct, or cause to be conducted, one (1) or more courses of
instruction and training sufficient to meet the requirements of this
chapter, and shall make provisions for the courses and their
accessibility to residents of this state unless it finds and approves
a sufficient number of courses conducted by others within this
state. The board may approve courses conducted in or outside this
state sufficient to meet the education and training requirements of
this chapter.
(8) Take other actions, not inconsistent with law, including
establishing and approving requirements for continuing
professional education for licensure renewal, making provisions
for accepting and disbursing funds for educational purposes, as
HEA 1461 — Concur 31
may be necessary to enable the state to meet the requirements set
forth in Section 1908 of the Social Security Act (42 U.S.C.
1396g), the federal regulations adopted under that law, and other
pertinent federal authority, and designing any other action to
improve the professional competence of licensees.
SECTION 33. IC 25-19-1-9, AS AMENDED BY P.L.177-2015,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. (a) Subject to IC 25-1-2-6(e), every holder of
a health facility administrator's license or a residential care
administrator's license shall renew the license on the date established
by the licensing agency under IC 25-1-5-4. The renewals shall be
granted as a matter of course, unless the board finds, after due notice
and hearing, that the applicant has acted or failed to act in a manner or
under circumstances that would constitute grounds for nonrenewal,
suspension, or revocation of a license.
(b) Subject to IC 25-1-2-6(e), a health facility administrator's license
and a residential care administrator's license expires expire at
midnight on the renewal date specified by the Indiana professional
licensing agency. Failure to renew a license on or before the renewal
date automatically renders the license invalid.
(c) A person who fails to renew a license before it expires and
becomes invalid at midnight of the renewal date shall be reinstated by
the board if the person applies for reinstatement not later than three (3)
years after the expiration of the license and meets the requirements
under IC 25-1-8-6(c).
(d) The board may reinstate a person who applies to reinstate a
license under this section more than three (3) years after the date the
license expires and becomes invalid if the person applies to the board
for reinstatement and meets the requirements for reinstatement
established by the board under IC 25-1-8-6(d).
(e) The board may require an applicant under subsection (d) to
appear before the board to explain the applicant's failure to renew.
(f) Except as provided in subsection (g), the board may not
renew a health facility administrator's license or a residential care
administrator's license if the health facility administrator or
residential care administrator failed to comply with the continuing
education requirements prescribed by the board.
(g) The board may renew a license described in subsection (f) if
any of the following apply:
(1) The licensed health facility administrator or licensed
residential care administrator submits a statement from the
administrator's physician or surgeon verifying that the
HEA 1461 — Concur 32
administrator is unable to practice health facility
administration due to illness or physical disability.
(2) The licensed health facility administrator or licensed
residential care administrator is on active military duty.
(3) Any other circumstances, as determined by the board.
SECTION 34. IC 25-19-1-9.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 9.5. (a) Subject to IC 25-1-8-6, a
health facility administrator or residential care administrator
whose license is in inactive status may apply to the board to renew
the administrator's license.
(b) A health facility administrator or residential care
administrator while in an inactive status may not practice as a
health facility administrator or residential care administrator.
(c) A licensed health facility administrator who has been
inactive must show proof of having completed forty (40) hours of
continuing education within the two (2) year period immediately
before the date the reactivation application is filed.
(d) A licensed residential care administrator who has been
inactive must show proof of having competed twenty (20) hours of
continuing education within the two (2) year period immediately
before the date the reactivation application is filed.
(e) The board may request that a licensed health facility
administrator who has been inactive for a period of more than
three (3) years at the date the reactivation application is filed make
a personal appearance before the board to answer any questions
from the board about the application that are unresolved before
making a determination on the application.
SECTION 35. IC 25-19-1-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 10. (a) The board may
shall issue a health facility administrator's license to any person who
holds a current comparable license from another jurisdiction, applies
for a health facility administrator license, if the board finds that the
applicant has:
(1) met the educational requirements of the board;
(2) completed a board approved training program or board
determined equivalent;
(3) successfully completed the national examination with a score
equivalent to the score required by this state; and
(4) successfully completed the state examination conducted by the
board.
(b) The board may substitute for the requirements in subsection
HEA 1461 — Concur 33
(a)(1) or (a)(2) the experience of a person as a licensed health facility
administrator in another state. the applicant:
(1) does not have a criminal history that disqualifies the
applicant from obtaining a health facility administrator
license in Indiana in accordance with IC 25-1-21;
(2) has practiced in another state for at least one (1) year as a:
(A) licensed health facility administrator and currently
holds an active license in good standing as a health facility
administrator in another state;
(B) chief executive officer of a hospital; or
(C) chief operations officer of a hospital; and
(3) has successfully completed the:
(A) national examination; and
(B) Indiana jurisprudence examination, as approved by the
board.
(b) The board shall issue a residential care administrator license
to any person who applies for a residential care administrator
license, if the applicant:
(1) does not have a criminal history that disqualifies the
applicant from obtaining a residential care administrator
license in Indiana in accordance with IC 25-1-21; and
(2) has practiced in another state for at least one (1) year as a:
(A) licensed health facility administrator and currently
holds an active license in good standing as a health facility
administrator in another state;
(B) licensed, certified, or registered residential care
administrator and currently holds an active license,
certification, or registration that is in good standing as a
residential care administrator in another state;
(C) chief executive officer of a hospital; or
(D) chief operations officer of a hospital.
(c) The board shall issue a health facility administrator license
or a residential care administrator license to an individual who:
(1) holds an approved National Association of Long Term
Care Administrators Board Health Services Executive license
in good standing; and
(2) does not have a criminal history that disqualifies the
applicant from obtaining a health facility administrator
license or a residential care administrator license in Indiana
in accordance with IC 25-1-21.
SECTION 36. IC 25-19-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 11. (a) No health
HEA 1461 — Concur 34
facility may operate unless it is under the supervision of an
administrator who holds a currently valid health facility administrator's
license or provisional license or temporary permit issued under this
chapter. No person may practice or offer to practice health facility
administration or use any title, sign, card, or device to indicate that the
person is a health facility administrator, unless the person has been
duly licensed as a health facility administrator or provisional health
facility administrator. A person who violates this section commits a
Class C infraction, and each day of continuing violation after entry of
judgment constitutes a separate infraction.
(b) An individual who is not licensed as a health facility
administrator may not:
(1) profess to be a health facility administrator;
(2) use the title "health facility administrator" or "assistant
health facility administrator";
(3) use the initials "H.F.A." or any other words, letters,
abbreviations, or insignia indicating or implying that the
individual is a health facility administrator or assistant health
facility administrator licensed under this article;
unless the individual is licensed as a health facility administrator
under this article.
(c) A licensed health facility administrator may not practice
health facility administration in more than one (1) health facility
at the same time.
(d) A health facility administrator is subject to the health
professions standards of practice under IC 25-1-9.
SECTION 37. IC 25-19-1-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 11.5. (a) An individual who is not
licensed as a residential care administrator may not:
(1) profess to be a residential care administrator;
(2) use the title "residential care administrator" or "assistant
residential care administrator"; or
(3) use the initials "R.C.A." or any other words, letters,
abbreviations, or insignia indicating or implying that the
individual is a residential care administrator or assistant
residential care administrator licensed under this article;
unless the individual is licensed as a residential care administrator
under this article.
(b) A licensed residential care administrator may not practice
residential care administration in more than one (1) residential
care facility at the same time.
HEA 1461 — Concur 35
(c) A residential care administrator is subject to the health
professions standards of practice under IC 25-1-9.
SECTION 38. IC 25-19-1-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 15. An individual who is licensed
as a health facility administrator or residential care administrator
shall display the individual's license in a prominent location in the
individual's principal office.
SECTION 39. IC 25-19-1-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 16. Upon receipt of satisfactory
evidence from a licensed health facility administrator or licensed
residential care administrator that the administrator's license has
been:
(1) lost;
(2) stolen;
(3) mutilated; or
(4) destroyed;
the board shall issue a duplicate license to the administrator.
SECTION 40. IC 25-19-1-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 17. (a) This section applies to an
administrator in training or a student intern seeking licensure as
a health facility administrator.
(b) An administrator in training or student intern shall
satisfactorily complete a course prescribed by the board that
includes instruction and training on the following:
(1) Standards of competent practice.
(2) Facility administration and management.
(3) Housekeeping and laundry.
(4) Nursing.
(5) Dietary needs of residents.
(6) Facility related activities.
(7) Business office management.
(8) Facility admission and marketing.
(c) The course described in subsection (b) must occur in a
licensed comprehensive care facility.
SECTION 41. IC 25-19-1-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 18. (a) An administrator in
training seeking licensure as a health facility administrator shall do
the following:
HEA 1461 — Concur 36
(1) File an administrator in training application with the
board and be approved by the board before starting an
internship program.
(2) Meet educational requirements described in section 3 of
this chapter at the time the administrator in training files an
application.
(3) Observe and become familiar with the responsibilities and
duties of the preceptor or approved training center and
administrator in training.
(4) Be assigned responsibilities in each health facility
department, with experience on every shift, including
weekends.
(5) Serve as an administrator in training for at least twenty
(20) hours per week and not more than ten (10) hours per day.
(6) Complete the internship program in not less than three (3)
months and not more than twelve (12) months for a minimum
total of hours as follows:
(A) An administrator in training who:
(i) holds an associate degree, bachelor's degree, master's
degree, or doctoral degree; and
(ii) has at least two (2) years of long term care
experience;
shall complete a total of six hundred eighty (680) hours of
training, of which two hundred (200) hours may be
fulfilled by successfully completing a two hundred (200)
hour state approved, specialized course in long term care
management.
(B) An administrator in training who:
(i) holds an associate degree, bachelor's degree, master's
degree, or doctoral degree; and
(ii) does not have long term care experience;
shall complete a total of eight hundred eighty (880) hours
of training, of which two hundred (200) hours may be
fulfilled by successfully completing a two hundred (200)
hour state approved, specialized course in long term care
management.
(C) An administrator in training who holds a high school
diploma or general educational development (GED)
diploma shall complete a total of one thousand forty
(1,040) hours of training, of which two hundred (200)
hours may be fulfilled by successfully completing a two
hundred (200) hour state approved, specialized course in
HEA 1461 — Concur 37
long term care management.
(7) Seek and accept instruction and assistance from the
preceptor or approved training center.
(8) Notify the board on a form prescribed by the board of any
change of status or discontinuance of the administrator in
training program.
(9) Upon completion of the program, provide to the board an
affidavit stating the administrator in training has fulfilled the
requirements of the program.
(b) An administrator in training may not:
(1) have been convicted of a crime that has a direct bearing on
the administrator in training's ability to practice competently
in accordance with IC 25-1-21; and
(2) hold a position in the health facility during the hours of the
administrator in training program.
(c) The board may waive up to thirty percent (30%) of the total
required training hours for an administrator in training described
in subsection (a)(6)(C) if:
(1) the administrator in training has served in a long term
care facility department manager position, based upon
criteria approved by the board; and
(2) the administrator in training's experience described in
subdivision (1) is verifiable to the board's satisfaction.
(d) Except as provided in subsection (e), an administrator in
training may serve up to twenty percent (20%) of the internship in
a setting other than the preceptor's facility.
(e) An administrator in training in an approved training center
may, at the discretion of the approved training center, exceed the
twenty percent (20%) limit described in subsection (d).
(f) The board may take appropriate action for failure of an
administrator in training to comply with this section.
SECTION 42. IC 25-19-1-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 19. (a) A student intern seeking
licensure as a health facility administrator shall do the following:
(1) File a student intern application with the board and be
approved before starting the internship program.
(2) Be enrolled in a postsecondary educational institution
accredited program.
(3) Observe and become familiar with the responsibilities and
duties of the university accredited program and student
intern.
HEA 1461 — Concur 38
(4) Complete the program before graduation.
(5) Seek and accept instruction and assistance from the
university accredited program and faculty, including other
preceptors or approved training centers.
(6) Notify the board on a form prescribed by the board of any
change of status or discontinuance of the student internship
program.
(7) Upon completion of the student internship program,
provide to the board an affidavit stating that the student
intern has fulfilled the requirements of the program.
(b) A student intern in the student internship program:
(1) may serve the internship in multiple health facilities;
(2) is not required to spend a minimum or maximum amount
of time in one (1) health facility; and
(3) may not hold a position in the health facility during the
hours of the student internship program.
(c) The board reserves the right to take appropriate action for
failure of a student intern to comply with this section.
SECTION 43. IC 25-19-1-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 20. (a) To qualify as a preceptor,
an applicant must:
(1) be currently licensed as a health facility administrator
under this article;
(2) be in good standing and not the subject of a disciplinary
action by the board;
(3) file an application with the board and be approved before
serving as the preceptor;
(4) complete a board approved educational program;
(5) provide to the board, with the administrator in training
application, a certificate of completion for a program
described in subdivision (4);
(6) have the training, knowledge, professional activity, and a
facility or organizational setting at the individual's disposal to
teach prospective health facility administrator or residential
care facility administrators;
(7) meet one (1) of the following:
(A) Have active work experience as a health facility
administrator for at least two (2) years prior to the date of
serving as a preceptor.
(B) Be currently employed as a chief executive officer of a
continuing care retirement community.
HEA 1461 — Concur 39
(C) Be currently employed as a regional manager for a
health facility.
(D) Be employed by an administrator in training school.
(b) An individual who submits an application to be a preceptor
shall file a new application for each administrator in training
applicant for whom the preceptor applicant intends to serve as a
preceptor.
(c) An individual who meets the requirements of this section and
is approved as a preceptor by the board shall do the following:
(1) Act as a teacher rather than an employer and provide the
administrator in training with educational opportunities.
(2) Inform the board if an administrator in training presents
a problem that may affect the facility's service and operation
or the administrator in training program.
(3) Notify the board on a form prescribed by the board of a
change of status or discontinuance of the administrator in
training program.
(4) Upon completion of the program, submit to the board an
affidavit, as prescribed by the board, stating that the
requirements described in section 17 of this chapter have been
met.
(5) Maintain the records of an administrator in training
program for a period of five (5) years and, upon request by
the board, allow the board to review the records.
(6) Except for a preceptor in an approved training center or
as necessary to accommodate a special situation or
emergency, spend a majority of the required work hours
during normal daytime business hours in the facility where
training occurs.
(d) Except as provided in subsection (e), a preceptor who serves
as an administrator of a licensed comprehensive care facility or
residential care facility may not supervise more than two (2)
administrators in training at any given time.
(e) A preceptor may supervise more than two (2) administrators
in training at a given time:
(1) if the administrator in training is enrolled in:
(A) an approved training center; or
(B) a postsecondary educational institution accredited
program; or
(2) at the discretion of the board.
(f) A preceptor may precept more than two (2) administrators
in training but not more than four (4) administrators in training if:
HEA 1461 — Concur 40
(1) the preceptor's sole duty is that of a preceptor; and
(2) the preceptor spends at least eight (8) hours per week with
each administrator in training.
A preceptor shall affirm to the professional licensing agency
compliance with this subsection.
(g) A preceptor's approval as a preceptor expires when the
administrator in training applicant that the preceptor is
supervising completes the course of instruction and training
prescribed by the board or fails to complete the requirements
described in section 18 of this chapter.
(h) The board reserves the right to take appropriate action for
failure of a preceptor to comply with this section.
SECTION 44. IC 25-19-1-21 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 21. (a) Except as provided in
subsection (b), to qualify as a postsecondary educational institution
accredited program preceptor, an applicant must demonstrate that
the program has faculty members who are currently licensed as
health facility administrators under this article to instruct student
interns in a health facility in accordance with section 17 of this
chapter.
(b) A postsecondary educational institution accredited program
faculty member who does not provide instruction in a health
facility is not required to be a licensed health facility
administrator.
(c) To serve as a preceptor, a currently licensed health facility
administrator who is part of a postsecondary educational
institution accredited program's faculty described in subsection
(a):
(1) must have attended, within the five (5) years prior to
becoming a faculty member, a board approved educational
preceptor program and provide the university accredited
program with a certificate of completion; and
(2) may not have any disciplinary action taken by the board
against the health facility administrator in the last two (2)
years.
(d) Each approved postsecondary educational institution
accredited program preceptor shall do the following:
(1) Act as a teacher rather than an employer and provide a
student intern with educational opportunities.
(2) Inform the board if the student intern presents any
problems that may affect the facility's service and operation
HEA 1461 — Concur 41
or the student internship program.
(3) Notify the board on a form prescribed by the board of any
change in status or discontinuance of the student internship
program.
(4) Upon a student's completion of the program, submit to the
board an affidavit, as prescribed by the board, stating that the
requirements described in section 17 of this chapter have been
met.
(5) Maintain the records of student internship programs for
a period of five (5) years, and, upon request by the board,
allow the board to review the records.
(e) A preceptor's approval as a preceptor expires when the
student intern that the preceptor is supervising completes the
course of instruction and training prescribed by the board or fails
to complete the requirements described in section 19 of this
chapter.
(f) The applicant for approval as a preceptor shall file a new
application for each student intern applicant for whom the
preceptor applicant desires to serve as a preceptor.
(g) The board reserves the right to take appropriate action for
failure of a preceptor to comply with the duties enumerated above.
SECTION 45. IC 25-19-1-22 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 22. (a) Except as provided in
subsection (b), a licensed health facility administrator shall
complete at least forty (40) hours of continuing education during
each two (2) year licensing period.
(b) A licensed health facility administrator who:
(1) is not currently licensed; or
(2) has not been previously licensed;
as a health facility administrator in another state is not required to
complete the continuing education described in subsection (a) for
the two (2) year licensing period in which the administrator's
initial license was issued.
(c) If a licensed health facility administrator attends an
approved continuing education program in another state, the
administrator shall receive credit for the hours completed at the
program and apply the number of hours to the continuing
education requirement described in subsection (a).
(d) A licensed health facility administrator must satisfy
continuing education credits described in this section by
participating in a program offered by an approved organization (as
HEA 1461 — Concur 42
defined in IC 25-1-4-0.2).
(e) A continuing education course or accredited postsecondary
educational institution course:
(1) that is offered by an accredited postsecondary educational
institution; and
(2) the content of which pertains to the practice of health
facility administration;
may count toward the continuing education requirement described
in subsection (a).
(f) A health facility administrator may receive continuing
education credit for an accredited college course described in
subsection (e) as follows:
(1) For one (1) semester hour, the administrator may receive
fifteen (15) contact hours.
(2) For one (1) quarter hour, the administrator may receive
ten (10) contact hours.
(g) A licensed health administrator who serves on the board
may earn one (1) continuing education credit hour for each hour
of service on the board. For each two (2) year licensing period, a
licensed health facility administrator may earn not more than
twenty (20) hours of continuing education credit for credit earned
under this subsection.
(h) A health facility administrator may earn two (2) continuing
education hours for each month the health facility administrator
serves as a preceptor. For each two (2) year licensing period, a
licensed health facility administrator may earn not more than
twenty (20) hours of continuing education credit for credit earned
under this subsection.
(i) Continuing education credits earned during one (1) licensing
period may not be applied to another licensing period.
(j) A licensed health facility administrator may earn continuing
education credits described in this section through any of the
following:
(1) Interactive, synchronous video learning methods.
(2) In-person conferences.
(3) Educational training sessions.
(4) Any other method approved by the board.
SECTION 46. IC 25-19-1-23 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 23. (a) Except as provided in
subsection (b), the board shall approve an application to be a
sponsor if a person files an application with the board at least
HEA 1461 — Concur 43
thirty (30) days before the date the continuing education program
is scheduled to commence.
(b) The board may approve an application that does not meet
the thirty (30) day requirement described in subsection (a) due to
extenuating circumstances, as determined by the board on a case
by case basis.
(c) Approval as a sponsor under this section is valid for one (1)
year and expires on January 31 of each year.
SECTION 47. IC 25-19-1-24 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 24. (a) The agency shall do the
following:
(1) Retain a copy of a certificate of completion for a
continuing education course described in section 22 of this
chapter for three (3) years from the date of the end of the
licensing period for which the continuing education credit was
applied.
(2) Upon request from the board for the purpose of
completing a compliance audit, provide the board with a copy
of a certificate of completion.
(b) An approved continuing education sponsor shall:
(1) monitor and verify the attendance of a continuing
education program the sponsor hosts;
(2) maintain reliable attendance records for a program
described in subdivision (1); and
(3) retain the records described in subdivision (2) for a period
of five (5) years.
(c) IC 25-1-4 governs a continuing education audit or action
concerning noncompliance with this section.
SECTION 48. IC 25-19-1-25 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 25. 840 IAC 1 and 840 IAC 2 are
void effective July 1, 2023. The publisher of the Indiana
Administrative Code and the Indiana Register shall remove these
provisions from the Indiana Administrative Code. This section
expires June 30, 2024.
SECTION 49. IC 25-19-2 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 2. Facility Administration
Sec. 1. This chapter applies to a health facility administrator or
a residential care administrator licensed under this article.
HEA 1461 — Concur 44
Sec. 2. The definitions of IC 25-19-1 apply to this chapter.
Sec. 3. A health facility administrator or a residential care
administrator shall do the following:
(1) Review and consider for implementation at the health
facility or the residential care facility the administrator
oversees recommendations contained in various reports to
maintain or improve resident care and quality of life.
(2) Implement standards of accountability at the health
facility or residential care facility, and hold the individuals
who oversee each department within the facility accountable
for the performance of each individual's department.
Sec. 4. A health facility administrator or a residential care
administrator shall develop and administer the following facility
policies:
(1) Resident care policies to:
(A) ensure the health, safety, welfare, and rights of facility
residents;
(B) govern continuing resident care, including medical care
and other related services provided to residents;
(C) provide the highest practicable mental, physical, and
psychosocial well being for each resident in a healthy, safe,
and home like environment;
(D) evaluate the quality of resident care, resident rights,
and quality of life;
(E) identify facility strengths and weaknesses;
(F) implement measures to improve identified strengths
and weaknesses, evaluate progress, and institute
appropriate follow up procedures;
(G) protect the personal funds and property of residents;
and
(H) ensure residents are not subject to sexual abuse,
physical abuse, mental abuse, corporal punishment,
exploitation, neglect, or involuntary seclusion.
(2) Facility personnel management policies that:
(A) define job responsibilities of personnel and the
performance appraisal process;
(B) emphasize the importance of resident satisfaction;
(C) promote job satisfaction, commitment to quality care,
and resident rights by ensuring a program for the
recruitment, hiring, retention, training, and development
of competent facility personnel is in place; and
(D) ensure a sufficient number of personnel are present
HEA 1461 — Concur 45
and have the ability to attain and maintain the highest
practicable level of physical, mental, and psychosocial
wellbeing for each resident.
(3) Regulatory management policies concerning compliance
with applicable local, state, and federal laws and regulations,
including:
(A) protecting residents and facility personnel from
discrimination;
(B) protecting resident records from unauthorized
disclosure of confidential information;
(C) preventing the payment, the offer of payment, or other
valuable consideration to a person or organization outside
the facility for admissions; and
(D) timely correcting any deficiencies that are identified by
the Indiana department of health.
(4) Financial management policies that:
(A) require the health facility administrator or residential
care administrator to work with the governing body of the
facility, the owner of the facility, or both to plan,
implement, and evaluate an integrated financial program
for the facility to ensure compliance with applicable local,
state, and federal laws and regulations, and quality of
resident care and life;
(B) evaluate the impact that the budget has on quality of
resident care and life; and
(C) require the health facility administrator or residential
care administrator to share the impact described in clause
(B) with the governing body of the facility or residential
care facility, the owner of the facility, or both.
(5) Environmental management policies to implement and
evaluate a program of environmental services that:
(A) ensures the health facility, including the equipment and
grounds of the facility, are maintained in a manner that
protects the health, safety, welfare, and rights of residents,
the families of residents, facility personnel and staff, and
other individuals; and
(B) provides a clean and attractive home like environment
for residents.
SECTION 50. IC 35-52-25-15 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 15. IC 25-16-1-18 defines a crime concerning
employment services.
SECTION 51. [EFFECTIVE UPON PASSAGE] (a) As used in this
HEA 1461 — Concur 46
SECTION, "state department" refers to the Indiana department
of health.
(b) The state department shall begin development and
establishment of the temporary health care services agency
registration set forth in IC 16-52, as added by this act, in a manner
that allows for the registration to go into effect on July 1, 2023. The
state department shall develop application forms, publish the
forms on the state department's website, establish application fees,
set forth requirements for registration, and any other action
necessary for implementation of IC 16-52, as added by this act, on
July 1, 2023.
(c) This SECTION expires December 31, 2023.
SECTION 52. An emergency is declared for this act.
HEA 1461 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1461 — Concur