Ind. Code ch. 16-28-2

in effect

Ind. Code § 16-28-2-1 License required; licensing of state institutions and municipal corporations

Sec. 1. A person must obtain a license from the director before the person may operate a health facility. A state institution or municipal corporation may specifically request licensure and upon compliance with this chapter may be licensed under this chapter. [Pre-1993 Recodification Citation: 16-10-4-9(a).] As added by P.L.2-1993, SEC.11.

Ind. Code § 16-28-2-2 Applications

Sec. 2. To obtain a license, an applicant must submit an application on the prescribed form showing that the applicant is of reputable and responsible character and able to comply with the standards for health facilities established by this chapter and rules adopted under this chapter. [Pre-1993 Recodification Citation: 16-10-4-9(b).] As added by P.L.2-1993, SEC.11.

Ind. Code § 16-28-2-3 Requirements for licensure; tax warrant list

Sec. 3. (a) Before the director may issue a license to a health facility, the director must find that the health facility, within the care category for which license is sought, is adequate in each of the following respects: (1) The physical structure in which the service is to be performed. (2) The educational level, number, and personal health of the staff. (3) The financial ability to provide the service to be performed. (4) The equipment with which to perform the service. (5) The operating history of other health facilities owned or managed by the same person who owns or manages the facility. The director may recommend denial of licensure to a new facility or facility applying for licensure under new ownership where the owner or manager has a record of operation of other health facilities in substantial breach of this chapter or any other law governing health facilities. (b) 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: 16-10-4-9(c).] As added by P.L.2-1993, SEC.11. Amended by P.L.172-2011, SEC.118.

Ind. Code § 16-28-2-4 Issuance of licenses; types; denial, revocation, and refusal to renew licenses

Sec. 4. The director may under IC 4-21.5-3-5 do one (1) of the following: (1) Issue a full license for not more than one (1) year, on finding that the applicant complies with the provisions of this article and rules adopted under this article. (2) Issue a provisional license to a new facility or to a facility under new ownership for not more than twelve (12) consecutive months if the applicant can assure the director that the applicant will comply with this article and rules adopted under this article. A provisional license may not be continued beyond twelve (12) consecutive months. (3) Issue a probationary license to an existing facility as described in IC 16-28-3. (4) Deny, revoke, or refuse to renew the issuance of a license. [Pre-1993 Recodification Citation: 16-10-4-9(d).] As added by P.L.2-1993, SEC.11.

Ind. Code § 16-28-2-5 Exclusive use of licenses

Sec. 5. A license issued under this chapter is not assignable or transferable and may be issued only for the person and premises named in the application. [Pre-1993 Recodification Citation: 16-10-4-9(e).] As added by P.L.2-1993, SEC.11.

Ind. Code § 16-28-2-6 Disclosure statements; affiliations; advertising

Sec. 6. (a) This section does not apply to a health facility that: (1) does not require the investment of money or the payment of money or other consideration for admission; and (2) only charges daily or monthly rates for room, board, and care. (b) A health facility may be licensed or relicensed under this chapter only if a disclosure statement is filed with the director at the time of application on forms provided by the director that contains the following information: (1) Whether the health facility is affiliated with a religious, charitable, or other nonprofit organization. (2) The nature and extent of the affiliation, if any, including the extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility. (c) The health facility shall deliver a copy of the current disclosure statement on file with the director as provided by subsection (b) to each prospective resident. (d) If a health facility is affiliated with a religious, charitable, or other nonprofit organization, the health facility must include in the health facility's advertisements and solicitations a summary statement disclosing the following: (1) The affiliation between the health facility and the religious, charitable, or other nonprofit organization. (2) The extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility. (e) If a health facility is not affiliated with a religious, charitable, or other nonprofit organization but the name of the health facility or the person operating the health facility implies an affiliation, the health facility must include in all the health facility's advertisements and solicitations a summary statement disclosing the following: (1) That the health facility is not affiliated with a religious, charitable, or other nonprofit organization. (2) That no religious, charitable, or other nonprofit organization is responsible for the financial or contractual obligations of the health facility. (f) Whenever there is a change in the affiliation of the health facility with a religious, charitable, or other nonprofit organization, including a change in the extent, if any, to which the affiliated organization is responsible for the financial and contractual obligations of the health facility, the health facility shall amend: (1) the health facility's disclosure statement on file with the director as required by subsection (b); and (2) the summary statement included in the health facility's advertisements and solicitations as required by subsections (d) and (e); if an amendment is necessary to prevent the statement from containing any misstatement of fact or omission to state a material fact required to be stated. [Pre-1993 Recodification Citation: 16-10-4-13.] As added by P.L.2-1993, SEC.11.

Ind. Code § 16-28-2-6.5 Disclosure to prospective residents

Sec. 6.5. A health facility shall disclose the following to each prospective resident in writing: (1) Information concerning the long term care ombudsman program (IC 12-10-13), including information on how to contact the long term care ombudsman and the state department concerning a health facility. (2) Any policy of the health facility under which, regardless of whether the resident resides at the health facility for the full month or for a partial month, the health facility charges the resident the full monthly rate. As added by P.L.173-2019, SEC.1.

Ind. Code § 16-28-2-7 License fees

Sec. 7. The fee for a license as a health facility under this chapter is two hundred dollars ($200) for the first fifty (50) beds available and ten dollars ($10) for each additional bed available. [Pre-1993 Recodification Citation: 16-10-4-12.] As added by P.L.2-1993, SEC.11. Amended by P.L.227-2003, SEC.1.

Ind. Code § 16-28-2-8 Notice regarding requests for names of nursing personnel or direct care staff

Sec. 8. (a) Each comprehensive care health facility shall post a notice that a resident, the legal representative of the resident, or another individual designated by the resident may request from the licensed nurse in charge of each shift information that designates the names of all nursing personnel on duty by job classification for the: (1) wing; (2) unit; or (3) other area as routinely designated by the health facility; where the resident resides. (b) The notice required under subsection (a) must meet the following conditions: (1) Be posted in a conspicuous place that is readily accessible to residents and the public. (2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long. (3) Contain the: (A) business telephone number of the administrator of the health facility; and (B) toll free telephone number for filing complaints with the state department. (4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the information described in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following: (A) Contact the administrator of the health facility. (B) File a complaint with the state department by using the state department’s toll free telephone number. (c) The state department may adopt rules under IC 4-22-2 to carry out this section. As added by P.L.108-2000, SEC.5.

Ind. Code § 16-28-2-9 Semiannual statistical reports

Sec. 9. (a) The office of Medicaid policy and planning shall produce a statistical report semi-annually for each Medicaid certified comprehensive care health facility that lists the following information: (1) The health facility’s case mix index for each quarter covered by the statistical report for which the office of Medicaid policy and planning maintains data. (2) The number of total hours worked in the health facility by each classification of personnel for which the office of Medicaid policy and planning maintains data. (3) The resident census of the health facility for which the office of Medicaid policy and planning maintains data. (4) A calculation of the average case-mix-adjusted hours-per-resident-day ratio for each health facility by each classification of nursing personnel and the average hours-per-resident-day ratio for each health facility for all other personnel by category for which the office of Medicaid policy and planning maintains data. (b) The office of Medicaid policy and planning shall provide a compilation of the statistical reports prepared under subsection (a) to the following: (1) Each Medicaid certified comprehensive care health facility. (2) The state department. (3) The state ombudsman. (4) Each area ombudsman. (5) Each area agency on aging. (c) Each Medicaid certified comprehensive care health facility shall: (1) make available in a place that is readily accessible to residents and the public a copy of the compilation of statistical reports prepared under subsection (a); and (2) post a notice that a copy of the compilation of statistical reports may be requested from the licensed nurse in charge of each shift. (d) The notice required under subsection (c)(2) must meet the following conditions: (1) Be posted in a conspicuous place that is readily accessible to residents and the public. (2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long. (3) Contain the: (A) business telephone number of the administrator of the health facility; and (B) toll free telephone number for filing complaints with the state department. (4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the compilation of statistical reports in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following: (A) Contact the administrator of the health facility. (B) File a complaint with the state department by using the state department’s toll free telephone number. (e) The state department may adopt rules under IC 4-22-2 to carry out this section. As added by P.L.108-2000, SEC.6.

Ind. Code § 16-28-2-10 Third party billing notice

Sec. 10. A health facility that provides to a patient notice concerning a third party billing for a 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.7.

Ind. Code § 16-28-2-11 Amendment of rules on licensure of residential care facilities

Sec. 11. The state department shall amend rules concerning the licensure of a residential care facility to comply with federal law and regulation concerning the provision of home and community based services in the Medicaid program in order for a residential care facility to qualify as a home and community based services provider. As added by P.L.224-2017, SEC.9.

Ind. Code § 16-28-2-11.3 Residential care administrators; requirements; information to be provided to state department

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: (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 electronic mail 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. As added by P.L.149-2023, SEC.15. Amended by P.L.23-2026, SEC.129.

Ind. Code § 16-28-2-12 Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation

Sec. 12. (a) As used in this section, "facility" includes the following: (1) A health facility licensed under this article. (2) A residential care facility. (b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following: (1) End of life situations. (2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support. (3) A resident who is grieving the recent death of a family member or friend. (4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver. (5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had. (6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation. (7) A resident who is failing to thrive. (c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section. As added by P.L.142-2021, SEC.4.

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