Ind. Code ch. 16-27-1

in effect

Ind. Code § 16-27-1-0.5 Repealed

As added by P.L.255-2001, SEC.13. Repealed by P.L.212-2005, SEC.77.

Ind. Code § 16-27-1-1 "Health care professional"

Sec. 1. As used in this chapter, "health care professional" means any of the following: (1) A licensed physician. (2) A licensed dentist. (3) A licensed chiropractor. (4) A licensed podiatrist. (5) A licensed optometrist. (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; or (B) occupational therapy assistant; licensed under IC 25-23.5. (11) A social worker licensed under IC 25-23.6 or a social work assistant. (12) A pharmacist licensed under IC 25-26-13. (13) An advanced practice registered nurse licensed under IC 25-23. (14) A physician assistant licensed under IC 25-27.5. [Pre-1993 Recodification Citation: 16-10-2.2-1.] As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.1; P.L.147-1997, SEC.1; P.L.197-2007, SEC.6; P.L.197-2011, SEC.64; P.L.207-2021, SEC.11.

Ind. Code § 16-27-1-2 "Home health agency"

Sec. 2. (a) As used in this chapter, "home health agency" means a person that provides or offers to provide: (1) nursing services; or (2) nursing services and at least one (1) home health service; for compensation. (b) The term does not include the following: (1) An individual health care professional who provides professional services to a patient in the temporary or permanent residence of the patient. (2) A local health department as described in IC 16-20 or IC 16-22-8. (3) A person that: (A) is approved by the division of disability, aging, and rehabilitative services to provide supported living services or supported living supports to individuals with developmental disabilities; (B) is subject to rules adopted under IC 12-11-2.1; and (C) serves only individuals with developmental disabilities who are in a placement authorized under IC 12-11-2.1-4. (4) A person providing services under the Program of All-Inclusive Care for the Elderly (PACE) described in IC 12-15-43. (5) A person that only administers home infusion therapy based on a specialty medication prescription received from a pharmacy. [Pre-1993 Recodification Citation: 16-10-2.2-4.] As added by P.L.2-1993, SEC.10. Amended by P.L.37-2003, SEC.1; P.L.141-2006, SEC.80; P.L.210-2021, SEC.1; P.L.122-2026, SEC.86.

Ind. Code § 16-27-1-3 Repealed

[Pre-1993 Recodification Citation: 16-10-2.2-2.] As added by P.L.2-1993, SEC.10. Repealed by P.L.110-1999, SEC.6.

Ind. Code § 16-27-1-4 "Home health aide services"

Sec. 4. As used in this chapter, "home health aide services" means only home health services that may be performed by a home health aide. [Pre-1993 Recodification Citation: 16-10-2.2-3.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-5 "Home health services"

Sec. 5. (a) As used in this chapter, "home health services" means services that: (1) are provided to a patient by: (A) a home health agency; or (B) another person under an arrangement with a home health agency; in the temporary or permanent residence of the patient; and (2) either, are required by law to be: (A) ordered by a licensed physician, a licensed advanced practice registered nurse, a licensed physician assistant, a licensed dentist, a licensed chiropractor, a licensed podiatrist, or a licensed optometrist for the service to be performed; or (B) performed only by a health care professional. (b) The term includes the following: (1) Nursing treatment and procedures. (2) Physical therapy. (3) Occupational therapy. (4) Speech therapy. (5) Medical social services. (6) Home health aide services. (7) Community based palliative care (as defined in IC 16-25-4.7-1). (8) Other therapeutic services. (c) The term does not apply to the following: (1) Services provided by a physician licensed under IC 25-22.5. (2) Incidental services provided by a licensed health facility to patients of the licensed health facility. (3) Services provided by employers or membership organizations using health care professionals for their employees, members, and families of the employees or members if the health or home care services are not the predominant purpose of the employer or a membership organization's business. (4) Nonmedical nursing care given in accordance with the tenets and practice of a recognized church or religious denomination to a patient who depends upon healing by prayer and spiritual means alone in accordance with the tenets and practices of the patient's church or religious denomination. (5) Services that are allowed to be performed by an attendant under IC 16-27-1-10. (6) Authorized services provided by a personal services attendant under IC 12-10-17.1. [Pre-1993 Recodification Citation: 16-10-2.2-5.] As added by P.L.2-1993, SEC.10. Amended by P.L.146-1996, SEC.2; P.L.255-2001, SEC.14; P.L.212-2005, SEC.10; P.L.141-2006, SEC.81; P.L.207-2021, SEC.12; P.L.147-2023, SEC.11.

Ind. Code § 16-27-1-6 "Patient"

Sec. 6. As used in this chapter, "patient" means an individual who has been accepted for care by a home health agency. [Pre-1993 Recodification Citation: 16-10-2.2-6.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-7 Rules

Sec. 7. The state department shall adopt rules under IC 4-22-2 to do the following: (1) Protect the health, safety, and welfare of patients. (2) Govern the qualifications of applicants for licenses. (3) Govern the operating policies, supervision, and maintenance of service records of home health agencies. (4) Govern the procedure for issuing, renewing, denying, or revoking an annual license to a home health agency, including the following: (A) The form and content of the license. (B) The collection of an annual license fee of not more than two hundred fifty dollars ($250) that the state department may waive. (5) Exempt persons who do not provide home health services under this chapter. [Pre-1993 Recodification Citation: 16-10-2.2-9.] As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005, SEC.11.

Ind. Code § 16-27-1-7.1 Authority of state department

Sec. 7.1. The state department's authority under this chapter includes the ability to collect information from individuals who provide home health aide services, as specified under IC 25-1-2-10. As added by P.L.148-2023, SEC.2.

Ind. Code § 16-27-1-7.5 Waiver of rules

Sec. 7.5. The state health commissioner may waive a rule adopted under this chapter if the state health commissioner determines that the person requesting the waiver has: (1) shown good cause; and (2) affirmatively demonstrated that the requested waiver of a rule will not adversely affect or increase any risk to the health, safety, or welfare of existing or potential patients or residents. As added by P.L.117-2023, SEC.2.

Ind. Code § 16-27-1-8 Licensing; tax warrant list

Sec. 8. (a) To operate a home health agency, a person must first obtain a license from the state health commissioner, unless the person is exempted by a rule adopted by the state department. (b) The state health commissioner may also permit persons who are not required to be licensed under this chapter to be voluntarily licensed if: (1) the services provided by the person are substantially similar to those provided by licensed home health agencies under this chapter; and (2) licensure will assist the person in obtaining: (A) payment for services; or (B) certification. (c) If the department of state revenue notifies the department that a person is on the most recent tax warrant list, the department shall not issue or renew the person's license until: (1) the person provides to the department a statement from the department of state revenue indicating that the person's tax warrant has been satisfied; or (2) the department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k). [Pre-1993 Recodification Citation: 16-10-2.2-10.] As added by P.L.2-1993, SEC.10. Amended by P.L.172-2011, SEC.117.

Ind. Code § 16-27-1-9 Operation of unlicensed home health agencies

Sec. 9. (a) The state department shall investigate a report of an unlicensed home health agency operation and report its findings to the attorney general. (b) The attorney general may do the following: (1) Seek an injunction in the circuit or superior court of the county in which the unlicensed home health agency is located. (2) Prosecute violations under section 15 of this chapter. [Pre-1993 Recodification Citation: 16-10-2.2-11.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-10 Services not prohibited

Sec. 10. This chapter does not prohibit the provision of: (1) homemaker services, including shopping, laundry, cleaning, and seasonal chores; (2) companion type services, including transportation, letter writing, mail reading, and escort services; (3) assistance with cognitive tasks, including managing finances, planning activities, and making decisions; (4) attendant care services; or (5) any other services for which an individual license, certification, registration, or permit is not required under state law. [Pre-1993 Recodification Citation: 16-10-2.2-12.] As added by P.L.2-1993, SEC.10. Amended by P.L.256-1999, SEC.18; P.L.255-2001, SEC.15.

Ind. Code § 16-27-1-11 Home health agency operated by licensed hospital or health facility

Sec. 11. For purposes of this chapter, a facility licensed under IC 16-21-2 or IC 16-28-2 that operates a home health agency is subject to the rules adopted under this chapter for the facility's home health agency. However, the facility may only be licensed under IC 16-21-2 or IC 16-28-2, respectively. [Pre-1993 Recodification Citation: 16-10-2.2-13.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-12 Prohibited acts; penalties

Sec. 12. (a) The state health commissioner may take one (1) or more of the following actions on any ground listed in subsection (b): (1) Issue a letter of correction. (2) Issue a probationary license. (3) Conduct a resurvey. (4) Deny renewal of a license. (5) Revoke a license. (6) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000). (b) The state health commissioner may take action under subsection (a) on any of the following grounds: (1) Violation of any of the provisions of this chapter or rules adopted under this chapter. (2) Permitting, aiding, or abetting the commission of an illegal act in a home health agency. (3) Conduct or practice found by the state department to be detrimental to the welfare of the patients of the home health care agency. (c) A person who intentionally: (1) prevents, interferes with, or attempts to impede the work of an employee of the state department in the investigation and enforcement of any provision of this article or rule adopted under this article; (2) prevents or attempts to prevent an employee of the state department from examining any relevant records in the conduct of official duties under this article or rule adopted under this article; (3) prevents or interferes with an employee of the state department in preserving evidence of the breach of any provision of this article or rules adopted by the state department; (4) retaliates or discriminates against a patient, health care representative, power of attorney, employee, agency staff member, or any other person for: (A) contacting or providing information to any state official; or (B) initiating, participating in, or testifying in an action under this article or rules adopted by the state department; or (5) fails to correct or interferes with the correction process within the correction period specified on the citation or approved plan of correction, unless an extension is granted by the director and the corrections are made before expiration of the extension; commits a Class C misdemeanor. (d) In addition to the criminal provisions for violations described in this section, the commissioner may commence an action under IC 4-21.5 for issuance of an order of compliance and assess a civil penalty not to exceed twenty-five thousand dollars ($25,000). [Pre-1993 Recodification Citation: 16-10-2.2-14.] As added by P.L.2-1993, SEC.10. Amended by P.L.45-2020, SEC.5.

Ind. Code § 16-27-1-13 Review

Sec. 13. A licensee or an applicant for a license aggrieved by an action under this chapter may request review under IC 4-21.5. [Pre-1993 Recodification Citation: 16-10-2.2-15.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-14 Expired

[Pre-1993 Recodification Citation: 16-10-2.2-16.] As added by P.L.2-1993, SEC.10. Amended by P.L.205-2019, SEC.21; P.L.130-2021, SEC.11. Expired 7-1-2022 by P.L.130-2021, SEC.11.

Ind. Code § 16-27-1-15 Operation or advertisement of unlicensed home health agency; violation; classification

Sec. 15. A person who: (1) operates a home health agency; or (2) advertises the operation of a home health agency; that is not licensed commits a Class A misdemeanor. [Pre-1993 Recodification Citation: 16-10-2.2-17.] As added by P.L.2-1993, SEC.10.

Ind. Code § 16-27-1-16 Acceptance of written orders for home health services

Sec. 16. (a) A licensed home health agency may accept written orders for home health services from a physician, an advanced practice registered nurse, a physician assistant, a dentist, a chiropractor, a podiatrist, or an optometrist licensed in Indiana or any other state. If the physician, advanced practice registered nurse, physician assistant, dentist, chiropractor, podiatrist, or optometrist is licensed in a state other than Indiana, the home health agency shall take reasonable immediate steps to determine that: (1) the order complies with the laws of the state where the order originated; and (2) the individual who issued the order examined the patient and is licensed to practice in that state. (b) All orders issued by a physician, an advanced practice registered nurse, a physician assistant, a dentist, a chiropractor, a podiatrist, or an optometrist for home health services: (1) must meet the same requirements whether the order originates in Indiana or another state; and (2) from another state may not exceed the authority allowed under orders from the same profession in Indiana under IC 25. As added by P.L.146-1996, SEC.3. Amended by P.L.207-2021, SEC.13.

Ind. Code § 16-27-1-17 Third party billing notice

Sec. 17. A home health agency that provides to a patient notice concerning a third party billing for a home health service provided to the patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear-off portion; and (3) is not accompanied by a return mailing envelope. As added by P.L.178-2003, SEC.6.

Ind. Code § 16-27-1-18 Provision of services permitted in any county; rules

Sec. 18. (a) A home health agency may provide services in any county in Indiana. (b) The state department may adopt rules under IC 4-22-2 to provide appropriate oversight and supervision of the services a home health agency provides in noncontiguous counties. As added by P.L.117-2023, SEC.3.

Ind. Code § 16-27-1-19 Preemployment physical not required

Sec. 19. A home health agency is not required to conduct a preemployment physical on a job applicant before the individual has contact with a home health agency patient. As added by P.L.117-2023, SEC.4.

Ind. Code § 16-27-1-20 Supervision of home health aide services

Sec. 20. Notwithstanding any other law or administrative rule, a home health agency may satisfy the requirements of supervising home health aide services by complying with 42 CFR 484.80(h) et seq. As added by P.L.117-2023, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026