2013 Indiana Code TITLE 16. HEALTH ARTICLE 27. HOME HEALTH AGENCIES CHAPTER 2. CRIMINAL HISTORY OF HOME HEALTH CARE OPERATORS AND WORKERS
Download as PDF
IC 16-27-2
Chapter 2. Criminal History of Home Health Care Operators
and Workers
IC 16-27-2-0.2
Application of prior law to employees of home health agencies
Sec. 0.2. The addition of IC 16-10-2.6 (before its repeal, now
codified in this chapter) by P.L.190-1989 applies to individuals who
are initially employed by a home health agency after June 30, 1989.
As added by P.L.220-2011, SEC.314.
IC 16-27-2-0.5
"Expanded criminal history check"
Sec. 0.5. As used in this chapter, "expanded criminal history
check" means a criminal history check of an individual, obtained
through a private agency, that includes the following:
(1) A search of the records maintained by all counties in Indiana
in which the individual who is the subject of the background
check resided.
(2) A search of the records maintained by all counties or similar
governmental units in another state, if the individual who is the
subject of the background check resided in another state.
As added by P.L.84-2010, SEC.2.
IC 16-27-2-1
"Health care professional"
Sec. 1. As used in this chapter, "health care professional" means
any of the following:
(1) A licensed physician or a physician assistant (as defined in
IC 25-22.5-1-1.1).
(2) A dentist licensed under IC 25-14.
(3) A chiropractor licensed under IC 25-10-1.
(4) A podiatrist licensed under IC 25-29.
(5) An optometrist licensed under IC 25-24.
(6) A nurse licensed under IC 25-23-1.
(7) A physical therapist licensed under IC 25-27 or a physical
therapy assistant certified under IC 25-27.
(8) A speech-language pathologist or an audiologist licensed
under IC 25-35.6-3.
(9) A speech-language pathology aide or an audiology aide (as
defined in IC 25-35.6-1-2).
(10) An:
(A) occupational therapist licensed; or
(B) occupational therapy assistant licensed;
under IC 25-23.5.
(11) A social worker licensed under IC 25-23.6 or a clinical
social worker licensed under IC 25-23.6.
(12) A pharmacist licensed under IC 25-26-13.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.2;
P.L.147-1997, SEC.2; P.L.90-2007, SEC.1; P.L.197-2007, SEC.7;
P.L.197-2011, SEC.65.
IC 16-27-2-1.5
"Limited criminal history"
Sec. 1.5. As used in this chapter, "limited criminal history" means
the limited criminal history from the Indiana central repository for
criminal history information under IC 10-13-3.
As added by P.L.177-2009, SEC.3.
IC 16-27-2-2
"Home health agency"
Sec. 2. (a) As used in this chapter, "home health agency" means
a home health agency licensed under IC 16-27-1.
(b) The term does not include an individual health care
professional who provides professional service to a patient in the
temporary or permanent residence of the patient.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.3.
IC 16-27-2-2.1
"National criminal history background check"
Sec. 2.1. As used in this chapter, "national criminal history
background check" means the determination provided by the state
police department under IC 10-13-3-39(i).
As added by P.L.197-2007, SEC.8. Amended by P.L.84-2010, SEC.3.
IC 16-27-2-2.2
"Services"
Sec. 2.2. As used in this chapter, "services" includes:
(1) home health services (as defined in IC 16-27-1-5);
(2) any services such as homemaker, companion, sitter, or
handyman services provided by a home health agency in the
temporary or permanent residence of a patient or client of the
home health agency; and
(3) personal services (as defined in IC 16-27-4-4).
As added by P.L.178-1993, SEC.4. Amended by P.L.212-2005,
SEC.12; P.L.177-2009, SEC.4.
IC 16-27-2-3 Version a
Operation of home health agency or personal services agency;
prohibition; criminal conviction
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 3. (a) A person may not operate a home health agency or a
personal services agency if the person has been convicted of any of
the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than ten (10) years before the date of submission
by the person of an application for licensure as a home health
agency under IC 16-27-1 or as a personal services agency under
IC 16-27-4.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5;
P.L.212-2005, SEC.13.
IC 16-27-2-3 Version b
Operation of home health agency or personal services agency;
prohibition; criminal conviction
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 3. (a) A person may not operate a home health agency or a
personal services agency if the person has been convicted of any of
the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the person's conviction for theft
occurred less than ten (10) years before the date of submission
by the person of an application for licensure as a home health
agency under IC 16-27-1 or as a personal services agency under
IC 16-27-4.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5;
P.L.212-2005, SEC.13; P.L.158-2013, SEC.231; P.L.214-2013,
SEC.18.
IC 16-27-2-4
Employees; criminal history
Sec. 4. (a) A person who operates a home health agency under
IC 16-27-1 or a personal services agency under IC 16-27-4 shall
apply, not more than three (3) business days after the date that an
employee begins to provide services in a patient's temporary or
permanent residence, for a copy of the employee's limited criminal
history, unless the person is required to obtain a national criminal
history background check or an expanded criminal history check
under subsection (b) or (c).
(b) If a person who operates a home health agency under
IC 16-27-1 or a personal services agency under IC 16-27-4
determines an employee lived outside Indiana at any time during the
two (2) years immediately before the date the individual was hired
by the home health agency or personal services agency, the home
health agency or personal services agency shall apply, not more than
three (3) business days after the date that an employee begins to
provide services in a patient's temporary or permanent residence, for
the employee's national criminal history background check or
expanded criminal history check.
(c) If, more than three (3) days after an employee begins providing
services in a patient's temporary or permanent residence, a person
who operates a home health agency under IC 16-27-1 or a personal
services agency under IC 16-27-4 discovers the employee lived
outside Indiana during the two (2) years immediately before the date
the individual was hired, the agency shall apply, not more than three
(3) business days after the date the agency learns the employee lived
outside Indiana, for the employee's national criminal history
background check or expanded criminal history check.
(d) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's
temporary or permanent residence for more than three (3) business
days without applying for:
(1) a national criminal history background check or an
expanded criminal history check as required under subsection
(b) or (c); or
(2) a limited criminal history as required by subsection (a).
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.6;
P.L.146-1996, SEC.4; P.L.148-1997, SEC.1; P.L.2-2003, SEC.48;
P.L.212-2005, SEC.14; P.L.197-2007, SEC.9; P.L.177-2009, SEC.5;
P.L.84-2010, SEC.4.
IC 16-27-2-5 Version a
Employees; prohibition; criminal conviction
Note: This version of section effective until 7-1-2014. See also
following version of this section, effective 7-1-2014.
Sec. 5. (a) Except as provided in subsection (b), a person who
operates a home health agency under IC 16-27-1 or a personal
services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if that person's limited criminal history, national criminal
history background check, or expanded criminal history check
indicates that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less
than ten (10) years before the person's employment
application date;
for which the conviction was entered in another state.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's
temporary or permanent residence for more than twenty-one (21)
calendar days without receipt of that person's limited criminal
history, national criminal history background check, or expanded
criminal history check, required by section 4 of this chapter, unless
the state police department, the Federal Bureau of Investigation
under IC 10-13-3-39, or the private agency providing the expanded
criminal history check is responsible for failing to provide the
person's limited criminal history, national criminal history
background check, or expanded criminal history check to the home
health agency or personal services agency within the time required
under this subsection.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.7;
P.L.148-1997, SEC.2; P.L.2-2003, SEC.49; P.L.212-2005, SEC.15;
P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009,
SEC.6; P.L.84-2010, SEC.5.
IC 16-27-2-5 Version b
Employees; prohibition; criminal conviction
Note: This version of section effective 7-1-2014. See also
preceding version of this section, effective until 7-1-2014.
Sec. 5. (a) Except as provided in subsection (b), a person who
operates a home health agency under IC 16-27-1 or a personal
services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if that person's limited criminal history, national criminal
history background check, or expanded criminal history check
indicates that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(6) A felony that is substantially equivalent to a felony listed in:
(A) subdivisions (1) through (4); or
(B) subdivision (5), if the conviction for theft occurred less
than ten (10) years before the person's employment
application date;
for which the conviction was entered in another state.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's
temporary or permanent residence for more than twenty-one (21)
calendar days without receipt of that person's limited criminal
history, national criminal history background check, or expanded
criminal history check, required by section 4 of this chapter, unless
the state police department, the Federal Bureau of Investigation
under IC 10-13-3-39, or the private agency providing the expanded
criminal history check is responsible for failing to provide the
person's limited criminal history, national criminal history
background check, or expanded criminal history check to the home
health agency or personal services agency within the time required
under this subsection.
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.7;
P.L.148-1997, SEC.2; P.L.2-2003, SEC.49; P.L.212-2005, SEC.15;
P.L.197-2007, SEC.10; P.L.134-2008, SEC.12; P.L.177-2009,
SEC.6; P.L.84-2010, SEC.5; P.L.158-2013, SEC.232; P.L.214-2013,
SEC.19.
IC 16-27-2-6
Fees; responsibility for payment
Sec. 6. (a) A person who operates a home health agency or a
personal services agency under IC 16-27-4 is responsible for the
payment of fees under IC 10-13-3-39 and other fees required under
section 4 of this chapter.
(b) A home health agency or personal services agency may require
a person who applies to the home health agency or personal services
agency for employment to provide services in a patient's or client's
temporary or permanent residence:
(1) to pay the cost of fees described in subsection (a) to the
home health agency or personal services agency at the time the
person submits an application for employment; or
(2) to reimburse the home health agency or personal services
agency for the cost of fees described in subsection (a).
As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.8;
P.L.2-2003, SEC.50; P.L.212-2005, SEC.16; P.L.197-2007, SEC.11.
IC 16-27-2-7
Prohibited employment practices
Sec. 7. A person who:
(1) operates a home health agency or personal services agency;
and
(2) violates section 4 or 5 of this chapter;
commits a Class A infraction.
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005,
SEC.17.
IC 16-27-2-8
Repealed
(Repealed by P.L.290-2001, SEC.36.)
IC 16-27-2-9
Immunity from liability
Sec. 9. A person (other than a person denied employment or
dismissed under this chapter or against whom a finding is made for
the registry of nurse aides under 42 CFR 483.156) who in good faith:
(1) denies employment to an individual or dismisses an
individual from employment under this chapter;
(2) testifies or participates in an investigation or an
administrative or a judicial proceeding arising from:
(A) this chapter; or
(B) 42 CFR 483 regarding the registry of nurse aides; or
(3) makes a report to the state department or the registry of
nurse aides;
is immune from both civil and criminal liability arising from those
actions.
As added by P.L.110-1999, SEC.4.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
