2015 Indiana Code TITLE 16. HEALTH ARTICLE 28. HEALTH FACILITIES CHAPTER 2.5. LICENSURE AND CERTIFICATION LIMITATIONS
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IC 16-28-2.5
Chapter 2.5. Licensure and Certification Limitations
IC 16-28-2.5-1
Application
Sec. 1. This chapter does not apply to the conversion of acute care
beds to comprehensive care beds under IC 16-29-3.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-2
"Comprehensive care bed"
Sec. 2. (a) As used in this chapter, "comprehensive care bed"
means a bed that:
(1) is within a comprehensive care health facility licensed under
IC 16-28-2;
(2) functions as a bed within a comprehensive care health
facility licensed under IC 16-28-2; or
(3) is otherwise subject to this article.
(b) The term does not include a comprehensive care bed that will
be used solely to provide specialized services.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-3
"Comprehensive care health facility"
Sec. 3. As used in this chapter, "comprehensive care health
facility" means a health facility that provides:
(1) nursing care;
(2) room;
(3) food;
(4) laundry;
(5) administration of medications;
(6) special diets; and
(7) treatments;
and that may provide rehabilitative and restorative therapies under
the order of an attending physician.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-4
"Replacement facility"
Sec. 4. As used in this chapter, "replacement facility" means a new
comprehensive care health facility licensed under or subject to this
article after July 1, 2015, that:
(1) is constructed to take the place of an existing comprehensive
care health facility that is licensed before July 2, 2015;
(2) is constructed within the same county as the existing
comprehensive care health facility licensed before July 2, 2015;
and
(3) contains no more comprehensive care beds than the existing
Indiana Code 2015
comprehensive care health facility licensed before July 2, 2015.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-5
"Under development"
Sec. 5. As used in this chapter, "under development" refers to a
health facility license application:
(1) to add, construct, or convert comprehensive care beds in a
comprehensive care health facility that:
(A) is licensed under;
(B) is to be licensed under;
(C) is subject to; or
(D) will be subject to;
this article; and
(2) that meets all the following:
(A) Funding to construct the comprehensive care health
facility has been secured and is actively being drawn upon or
otherwise used to further and complete construction.
(B) Zoning requirements have been met.
(C) Complete construction design plans for the
comprehensive care health facility have been submitted to
the state department and the division of fire and building
safety not later than March 1, 2015. The construction design
plans must be an accurate and true depiction of the
comprehensive care health facility that the applicant intends
to construct. However, the construction design plans may be
modified to make technical changes, correct errors and
omissions, or comply with zoning or other requirements from
a governmental entity.
(D) Active and ongoing construction activities progressing
to completion of the project are occurring at the project site.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-6
Approval by the state department; application
Sec. 6. (a) Except as provided in subsection (b), the state
department may not approve the following:
(1) The licensure of:
(A) comprehensive care health facilities; or
(B) new or converted comprehensive care beds.
(2) The certification of new or converted comprehensive care
beds for participation in the state Medicaid program unless the
statewide comprehensive care bed occupancy rate is more than
ninety-five percent (95%), as calculated annually on January 1
by the state department.
(3) Transfer between any comprehensive care facilities of
licensed comprehensive care beds or comprehensive care bed
certifications for participation in the state Medicaid program.
Beds in a health facility that provides residential nursing care under
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IC 16-28 may not be converted to comprehensive care beds.
(b) This section does not apply to the following:
(1) A comprehensive care health facility that:
(A) is licensed under;
(B) is to be licensed under;
(C) is subject to; or
(D) will be subject to;
this article and that is under development as of July 1, 2015.
(2) A small house health facility approved under section 7 of
this chapter.
(3) A replacement facility, whether or not the replacement
facility is under development before July 2, 2015. The existing
comprehensive care health facility that is being replaced by the
replacement facility:
(A) must no longer be licensed as a comprehensive care
health facility sixty (60) days after the replacement facility
obtains its license from the state department; and
(B) may transfer any of the comprehensive care beds to the
replacement facility.
(4) A continuing care retirement community that was registered
under IC 23-2 before July 2, 2015, and that continuously
maintains its registration under IC 23-2. If a continuing care
retirement community fails to maintain registration under
IC 23-2 after July 1, 2015, 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 this article.
(5) A comprehensive care health facility or a comprehensive
care bed that is to be added or certified in the state Medicaid
program in a county where the county's comprehensive care bed
occupancy rate exceeds ninety percent (90%), as calculated by
the state department on January 1 and July 1 of each year. The
number of comprehensive care beds allowed under this
subdivision may not exceed either:
(A) the number of beds that would cause the county
occupancy rate to fall below the statewide average; or
(B) seventy (70) comprehensive care beds per applicant.
(6) A comprehensive care health facility that undergoes a
change of ownership for purposes of:
(A) the granting of a license by the state department to
operate the comprehensive care health facility; and
(B) the maintenance for any of the beds in the
comprehensive care health facility, including Medicaid
certified beds, by the entity granted a license by the state
department.
However, after the change of ownership, the comprehensive
care health facility is subject to subsection (a) unless the
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comprehensive care health facility meets the requirements under
another subdivision under this subsection.
(c) The state department shall make the final determination
concerning whether an entity has met or is meeting the requirements
of this chapter concerning being under development.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-7
Small house health facilities; application; approval
Sec. 7. (a) A small house health facility that is applying for
licensure under this article, including an entity related to the small
house health facility through common ownership or control, may
apply to the state department for licensure or Medicaid certification
of not more than fifty (50) comprehensive care beds for small house
health facilities per year.
(b) The state department may not approve licensure or Medicaid
certification of more than one hundred (100) new comprehensive care
beds per year that are designated for small house health facilities.
(c) The state department shall approve an application for licensure
or Medicaid certification for a small house health facility:
(1) in the order of the completed application date; and
(2) if the small house health facility applicant meets the
definition of a small house health facility and the requirements
of this section.
(d) A person that fails to complete construction and begin
operation of a small house health facility within twelve (12) months
after the state department's approval of a license under this article
forfeits the person's right to any licensed or Medicaid certified
comprehensive care bed that was previously approved by the state
department if:
(1) another person has applied to the state department for
approval of licensed or Medicaid certified comprehensive care
beds for a small house health facility; and
(2) the person's application was denied for the sole reason that
the maximum number of Medicaid licensed or certified
comprehensive care beds specified in this section has been
approved by the state department.
As added by P.L.257-2015, SEC.4.
IC 16-28-2.5-8
Expiration
Sec. 8. This chapter expires June 30, 2018.
As added by P.L.257-2015, SEC.4.
Indiana Code 2015
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