Bill Text: IN SB0366 | 2011 | Regular Session | Enrolled
Bill Title: State department of health matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - SECTIONS 35 through 42 effective 07/01/2011 [SB0366 Detail]
Download: Indiana-2011-SB0366-Enrolled.html
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
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
AN ACT to amend the Indiana Code concerning health.
(1) The Housing Assistance Act of 1937 (42 U.S.C. 1437).
(2) Community services programs, including the Community Services Block Grant under 42 U.S.C. 9901 et seq.
(3) Home energy assistance programs, including the Low Income Home Energy Assistance Block Grant under 42 U.S.C. 8621 et seq.
(4) Weatherization programs, including weatherization programs and money received under 42 U.S.C. 6851 et seq.
(b) A building is exempt from property taxation if it is owned, occupied, and used by a town, city, township, or county for educational, literary, scientific, fraternal, or charitable purposes.
(c) A tract of land, including the campus and athletic grounds of an educational institution, is exempt from property taxation if:
(1) a building that is exempt under subsection (a) or (b) is situated on it;
(2) a parking lot or structure that serves a building referred to in subdivision (1) is situated on it; or
(3) the tract:
(A) is owned by a nonprofit entity established for the purpose of retaining and preserving land and water for their natural characteristics;
(B) does not exceed five hundred (500) acres; and
(C) is not used by the nonprofit entity to make a profit.
(d) A tract of land is exempt from property taxation if:
(1) it is purchased for the purpose of erecting a building that is to be owned, occupied, and used in such a manner that the building will be exempt under subsection (a) or (b); and
(2) not more than four (4) years after the property is purchased, and for each year after the four (4) year period, the owner demonstrates substantial progress and active pursuit towards the erection of the intended building and use of the tract for the exempt purpose. To establish substantial progress and active pursuit under this subdivision, the owner must prove the existence of factors such as the following:
(A) Organization of and activity by a building committee or other oversight group.
(B) Completion and filing of building plans with the appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient amount to lead a reasonable individual to believe the actual construction can and will begin within four (4) years.
(D) The breaking of ground and the beginning of actual construction.
(E) Any other factor that would lead a reasonable individual to believe that construction of the building is an active plan and
that the building is capable of being completed within eight (8)
years considering the circumstances of the owner.
If the owner of the property sells, leases, or otherwise transfers a tract
of land that is exempt under this subsection, the owner is liable for the
property taxes that were not imposed upon the tract of land during the
period beginning January 1 of the fourth year following the purchase
of the property and ending on December 31 of the year of the sale,
lease, or transfer. The county auditor of the county in which the tract
of land is located may establish an installment plan for the repayment
of taxes due under this subsection. The plan established by the county
auditor may allow the repayment of the taxes over a period of years
equal to the number of years for which property taxes must be repaid
under this subsection.
(e) Personal property is exempt from property taxation if it is owned
and used in such a manner that it would be exempt under subsection (a)
or (b) if it were a building.
(f) A hospital's property that is exempt from property taxation under
subsection (a), (b), or (e) shall remain exempt from property taxation
even if the property is used in part to furnish goods or services to
another hospital whose property qualifies for exemption under this
section.
(g) Property owned by a shared hospital services organization that
is exempt from federal income taxation under Section 501(c)(3) or
501(e) of the Internal Revenue Code is exempt from property taxation
if it is owned, occupied, and used exclusively to furnish goods or
services to a hospital whose property is exempt from property taxation
under subsection (a), (b), or (e).
(h) This section does not exempt from property tax an office or a
practice of a physician or group of physicians that is owned by a
hospital licensed under IC 16-21-1 IC 16-21-2 or other property that
is not substantially related to or supportive of the inpatient facility of
the hospital unless the office, practice, or other property:
(1) provides or supports the provision of charity care (as defined
in IC 16-18-2-52.5), including providing funds or other financial
support for health care services for individuals who are indigent
(as defined in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as
defined in IC 16-21-9-1), including research, education, or
government sponsored indigent health care (as defined in
IC 16-21-9-2).
However, participation in the Medicaid or Medicare program alone
does not entitle an office, practice, or other property described in this
subsection to an exemption under this section.
(i) A tract of land or a tract of land plus all or part of a structure on
the land is exempt from property taxation if:
(1) the tract is acquired for the purpose of erecting, renovating, or
improving a single family residential structure that is to be given
away or sold:
(A) in a charitable manner;
(B) by a nonprofit organization; and
(C) to low income individuals who will:
(i) use the land as a family residence; and
(ii) not have an exemption for the land under this section;
(2) the tract does not exceed three (3) acres;
(3) the tract of land or the tract of land plus all or part of a
structure on the land is not used for profit while exempt under this
section; and
(4) not more than four (4) years after the property is acquired for
the purpose described in subdivision (1), and for each year after
the four (4) year period, the owner demonstrates substantial
progress and active pursuit towards the erection, renovation, or
improvement of the intended structure. To establish substantial
progress and active pursuit under this subdivision, the owner must
prove the existence of factors such as the following:
(A) Organization of and activity by a building committee or
other oversight group.
(B) Completion and filing of building plans with the
appropriate local government authority.
(C) Cash reserves dedicated to the project of a sufficient
amount to lead a reasonable individual to believe the actual
construction can and will begin within five (5) years of the
initial exemption received under this subsection.
(D) The breaking of ground and the beginning of actual
construction.
(E) Any other factor that would lead a reasonable individual to
believe that construction of the structure is an active plan and
that the structure is capable of being:
(i) completed; and
(ii) transferred to a low income individual who does not
receive an exemption under this section;
within eight (8) years considering the circumstances of the
owner.
(j) An exemption under subsection (i) terminates when the property
is conveyed by the nonprofit organization to another owner. When the
property is conveyed to another owner, the nonprofit organization
receiving the exemption must file a certified statement with the auditor
of the county, notifying the auditor of the change not later than sixty
(60) days after the date of the conveyance. The county auditor shall
immediately forward a copy of the certified statement to the county
assessor. A nonprofit organization that fails to file the statement
required by this subsection is liable for the amount of property taxes
due on the property conveyed if it were not for the exemption allowed
under this chapter.
(k) If property is granted an exemption in any year under subsection
(i) and the owner:
(1) ceases to be eligible for the exemption under subsection (i)(4);
(2) fails to transfer the tangible property within eight (8) years
after the assessment date for which the exemption is initially
granted; or
(3) transfers the tangible property to a person who:
(A) is not a low income individual; or
(B) does not use the transferred property as a residence for at
least one (1) year after the property is transferred;
the person receiving the exemption shall notify the county recorder and
the county auditor of the county in which the property is located not
later than sixty (60) days after the event described in subdivision (1),
(2), or (3) occurs. The county auditor shall immediately inform the
county assessor of a notification received under this subsection.
(l) If subsection (k)(1), (k)(2), or (k)(3) applies, the owner shall pay,
not later than the date that the next installment of property taxes is due,
an amount equal to the sum of the following:
(1) The total property taxes that, if it were not for the exemption
under subsection (i), would have been levied on the property in
each year in which an exemption was allowed.
(2) Interest on the property taxes at the rate of ten percent (10%)
per year.
(m) The liability imposed by subsection (l) is a lien upon the
property receiving the exemption under subsection (i). An amount
collected under subsection (l) shall be collected as an excess levy. If
the amount is not paid, it shall be collected in the same manner that
delinquent taxes on real property are collected.
(n) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
or group of physicians that is owned by a hospital licensed under
IC 16-21-1 IC 16-21-2 or other property that is not substantially related
to or supportive of the inpatient facility of the hospital unless the office,
practice, or other property:
(1) provides or supports the provision of charity care (as defined
in IC 16-18-2-52.5), including funds or other financial support for
health care services for individuals who are indigent (as defined
in IC 16-18-2-52.5(b) and IC 16-18-2-52.5(c)); or
(2) provides or supports the provision of community benefits (as
defined in IC 16-21-9-1), including research, education, or
government sponsored indigent health care (as defined in
IC 16-21-9-2).
However, participation in the Medicaid or Medicare program, alone,
does not entitle an office, a practice, or other property described in this
subsection to an exemption under this section.
(b) Tangible property is exempt from property taxation if it is:
(1) owned by an Indiana nonprofit corporation; and
(2) used by that corporation in the operation of a hospital licensed
under IC 16-21, a health facility licensed under IC 16-28, or in the
operation of a residential facility for the aged and licensed under
IC 16-28, or in the operation of a Christian Science home or
sanatorium.
(c) Property referred to in this section shall be assessed to the extent
required under IC 6-1.1-11-9.
(1) medical care to be provided to committed individuals, including treatment for mental retardation, alcoholism, and drug addiction;
(2) administration of medical facilities and health centers operated by the department;
(3) medical equipment, supplies, and devices to be available for medical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;
(6) the return of unused medications that meet the requirements of IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6) to the pharmacy that dispensed the medication;
(7) training programs and first aid emergency care for committed
individuals and department personnel;
(8) medical records of committed individuals; and
(9) professional staffing requirements for medical care.
(b) The state department of health shall make an annual inspection
of every health facility, health center, or hospital:
(1) operated by the department; and
(2) not accredited by a nationally recognized accrediting
organization;
and report to the commissioner whether that facility, center, or hospital
meets the requirements established by the state department of health.
Any noncompliance with those requirements must be stated in writing
to the commissioner, with a copy to the governor.
(c) For purposes of IC 4-22-2, the term "directive" as used in this
section relates solely to internal policy and procedure not having the
force of law.
(d) For purposes of subsection (a)(6), the department:
(1) shall return medication that belonged to a Medicaid recipient;
and
(2) may return other unused medication;
to the pharmacy that dispensed the medication if the unused medication
meets the requirements of IC 25-26-13-25(j)(1) through
IC 25-26-13-25(j)(6).
(e) The department may establish directives concerning the return
of unused medical devices or medical supplies that are used for
prescription drug therapy and that meet the requirements of
IC 25-26-13-25(k).
(f) A pharmacist or pharmacy that enters into an agreement with the
department to accept the return of:
(1) unused medications that meet the requirements of
IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6); or
(2) unused medical devices or medical supplies that are used for
prescription drug therapy and that meet the requirements of
IC 25-26-13-25(k);
may negotiate with the department a fee for processing the returns.
(b) Each department facility shall be inspected at least annually by:
(1) the state department of health if the facility is not accredited by a nationally recognized accrediting organization; and
(2) the state fire marshal;
who shall, within fifteen (15) days of the inspection, file a written report with the commissioner listing all unsafe, unsanitary, or unhealthy conditions within a facility that constitute a menace to the health, safety, and welfare of committed persons or department employees. In determining whether conditions are unsafe, unsanitary, or unhealthy, the state department of health and the state fire marshal shall consider the degree of overcrowding, the light, air, and space available to offenders within a facility, the size and arrangement of rooms and cells, the sanitary facilities, and the extent to which conditions in a facility endanger life or property.
(c) The commissioner shall correct all unsafe, unsanitary, or unhealthy conditions reported by the state department of health or the state fire marshal with reasonable promptness. Failure by the department to initiate and continue action to correct unsafe, unsanitary, or unhealthy conditions within thirty (30) days of receiving a report of those conditions from the state department of health or the state fire marshal constitutes noncompliance with this subsection. Upon such noncompliance, the commissioner shall submit to the reporting agency and the governor a written statement explaining:
(1) why the reported condition or conditions have not been remedied;
(2) what the estimated cost of remedying the reported condition or conditions would be in terms of construction, renovation, manpower, space, and equipment;
(3) whether the reported condition or conditions can be corrected by using facilities of other governmental entities;
(4) whether additional state financing is required and, if so, the estimated amount needed; and
(5) the probable consequences of not remedying each reported unsafe, unsanitary, or unhealthy condition.
(d) Notwithstanding other provisions of this section, the state department of health and state fire marshal retain authority to correct unhealthy, unsanitary, or unsafe conditions within a facility as provided by law.
(1) For purposes of IC 16-21, IC 16-25, IC 16-27, IC 16-28, and IC 16-29, the
(b) "Physician", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-7.
(c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5, means an individual who:
(1) was the physician last in attendance (as defined in section 282.2 of this chapter); or
(2) is licensed under IC 25-22.5.
(b) For purposes of IC 16-37-3, the term includes an individual who holds any medical license issued under IC 25-22.5.
Chapter 15. Health Care Facility Advisory Council
Sec. 1. The health care facility advisory council is created.
Sec. 2. (a) The council consists of twenty (20) members as follows:
(1) The commissioner or the commissioner's designee.
(2) The secretary of family and social services or the secretary's designee.
(3) The following members appointed by the governor:
(A) One (1) physician licensed under IC 25-22.5 who primarily practices in acute care.
(B) One (1) physician licensed under IC 25-22.5 who primarily practices in long term care.
(C) One (1) registered nurse licensed under IC 25-23 who is employed in an acute care facility.
(D) One (1) registered nurse licensed under IC 25-23 who is employed in a long term care facility.
(E) One (1) registered nurse licensed under IC 25-23 who is employed by a home health agency.
(F) One (1) residential care administrator.
(G) Two (2) individuals who are employed as hospital administrators.
(H) One (1) individual who is employed as an administrator of a freestanding ambulatory outpatient surgical center.
(I) Two (2) individuals who are employed as long term care facility administrators, as follows:
(i) One (1) individual who is employed at a for-profit facility.
(ii) One (1) individual who is employed at a nonprofit facility.
(J) One (1) individual who is employed by a home health agency as:
(i) an administrator; or
(ii) a director of nursing.
(K) One (1) individual who:
(i) represents the interests of senior citizens; and
(ii) has experience as a health care advocate for senior citizens and may represent a statewide organization.
(L) One (1) individual who:
(i) represents the interests of people with disabilities; and
(ii) has experience as a health care advocate for people with disabilities and may represent a statewide organization.
(M) One (1) individual who:
(i) represents the interests of people with chronic or acute health care needs; and
(ii) has experience as a health care advocate for people with chronic or acute health care needs and may represent a statewide organization.
(N) Two (2) individuals employed by any one (1) of the following:
(i) A school of public health.
(ii) A school of nursing.
(iii) A school of medicine.
(iv) A school of allied health.
(v) A health care research organization.
(vi) A quality improvement organization.
(O) One (1) individual who is employed by a hospice agency as:
(i) an administrator; or
(ii) a director of nursing.
The governor shall appoint one (1) member under this subsection as chairperson and one (1) member as vice chairperson of the council.
(b) The commissioner or the commissioner's designee shall serve as secretary of the council.
(c) Except for an individual appointed under subsection (a)(3)(C) through (a)(3)(J), a member of the council may not:
(1) have a pecuniary interest in the operation of;
(2) have an ownership interest in;
(3) serve as a voting member of the governing body of; or
(4) provide professional services through employment or under contract to;
an institution, facility, or agency licensed by the state department.
(d) The governor shall make the initial appointments under subsection (a)(3) to the council with the terms of office beginning July 1, 2011, and serving terms as follows:
(1) Eight (8) members shall be appointed for a term of four (4) years.
(2) Eight (8) members shall be appointed for a term of two (2) years.
After the initial term of office for the council, a member shall be appointed for a term of four (4) years.
(e) Any vacancy on the council shall be filled by the governor for the remainder of the unexpired term in the same manner as the original appointment.
Sec. 3. (a) A member of the council who is not a state employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b).
(b) A member of the council is entitled to reimbursement for
traveling expenses as provided in IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties, as
provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 4. (a) The chairperson shall call the first meeting of the
council not more than sixty (60) days after the appointment of all
the members to the council. The council shall meet at least three (3)
times each year on dates fixed by the council.
(b) The chairperson may call a special meeting of the council at
the commissioner's request or upon the written request of at least
four (4) members of the council.
(c) Ten (10) members of the council constitute a quorum for the
transaction of business. The affirmative votes of a majority of the
members are required for the council to take action on any
measure.
(d) The chairperson may approve the creation of a
subcommittee at the request of a majority of the council members.
A subcommittee member:
(1) serves at the pleasure of the council; and
(2) does not receive travel reimbursement or per diem.
Sec. 5. (a) The council shall serve as an advisory body to the
state department regarding facilities and entities licensed under the
following:
(1) IC 16-21.
(2) IC 16-25.
(3) IC 16-27.
(4) IC 16-28.
(b) The council may do the following:
(1) Propose rules to the executive board.
(2) Recommend issuance of interpretative guidelines when
necessary to assist a facility or entity in meeting the
requirements of a rule adopted under:
(A) IC 16-21-1;
(B) IC 16-27-0.5; or
(C) IC 16-28-1.
An interpretative guideline is not a rule and may not be used
to contravene a rule.
(c) The council shall do the following:
(1) Propose rules as set forth in the following:
(A) IC 16-21-1-7.
(B) IC 16-21-2-14.
(C) IC 16-27-0.5-9.
(D) IC 16-28-1-7.
(E) IC 16-28-1-11.
(F) IC 16-28-6-2.
(2) Advise the state department as set forth in the following:
(A) IC 16-27-0.5.
(B) IC 16-28-1-7(4).
(3) Make recommendations to the fire prevention and building safety commission as set forth in IC 16-28-1-7(2).
(4) Classify health facilities in health care categories as required in IC 16-28-1-7.
Sec. 6. Beginning July 1, 2011, the liabilities, property, records, and other assets that belonged to the following councils are transferred to the health care facility advisory council:
(1) The hospital council established by IC 16-21-1-1, before its repeal.
(2) The home health care services and hospice services council established by IC 16-27-0.5-1, before its repeal.
(3) The health facilities council (established by IC 16-28-1-1, before its repeal).
(1) adopted under this chapter; or
(2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article.
council state department under IC 4-22-2.
(1) expires one (1) year after the date of issuance;
(2) is not assignable or transferable;
(3) is issued only for the premises named in the application;
(4) must be posted in a conspicuous place in the facility; and
(5) may be renewed each year upon the payment of a renewal fee at the rate adopted by the
(1) Violation of any of the provisions of this chapter or of the rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of any illegal act in an institution.
(3) Knowingly collecting or attempting to collect from a subscriber (as defined in IC 27-13-1-32) or an enrollee (as defined in IC 27-13-1-12) of a health maintenance organization (as defined in IC 27-13-1-19) any amounts that are owed by the health maintenance organization.
(4) Conduct or practice found by the
(1) The patient's:
(A) length of stay;
(B) diagnoses and surgical procedures performed during the patient's stay;
(C) date of:
(i) admission;
(ii) discharge; and
(iii) birth;
(D) type of admission;
(E) admission source;
(F) gender;
(G) race;
(H) discharge disposition; and
(I) payor, including:
(i) Medicare;
(ii) Medicaid;
(iii) a local government program;
(iv) commercial insurance;
(v) self-pay; and
(vi) charity care.
(2) The total charge for the patient's stay.
(3) The ZIP code of the patient's residence.
(4) Beginning October 1, 2013, all diagnosed external causes of injury codes.
(1) The hospital's mission statement.
(2) A disclosure of the health care needs of the community that were considered in developing the hospital's community benefits plan.
(3) A disclosure of the amount and types of community benefits actually provided, including charity care. Charity care must be reported as a separate item from other community benefits.
(b) Each nonprofit hospital shall annually file a report of the community benefits plan with the state department. For a hospital's fiscal year that ends before July 1, 2011, the report must be filed not later than one hundred twenty (120) days after the close of the hospital's fiscal year. For a hospital's fiscal year that ends after June 30, 2011, the report must be filed at the same time the nonprofit hospital files its annual return described under Section 6033 of the Internal Revenue Code that is timely filed under Section 6072(e) of the Internal Revenue, including any applicable extension authorized under Section 6081 of the Internal Revenue Code.
(c) Each nonprofit hospital shall prepare a statement that notifies the public that the annual report of the community benefits plan is:
(1) public information;
(2) filed with the state department; and
(3) available to the public on request from the state department.
This statement shall be posted in prominent places throughout the hospital, including the emergency room waiting area and the admissions office waiting area. The statement shall also be printed in the hospital patient guide or other material that provides the patient with information about the admissions criteria of the hospital.
(d) Each nonprofit hospital shall develop a written notice about any charity care program operated by the hospital and how to apply for charity care. The notice must be in appropriate languages if possible. The notice must also be conspicuously posted in the following areas:
(1) The general waiting area.
(2) The waiting area for emergency services.
(3) The business office.
(4) Any other area that the hospital considers an appropriate area in which to provide notice of a charity care program.
(b) The executive board shall consider rules proposed by the council under this section.
(c) To become effective, all rules proposed by the council under this chapter must be adopted by the executive board in accordance with IC 4-22-2.
(1) Propose the adoption of rules by the department under IC 4-22-2 governing the following:
(A) Health and sanitation standards necessary to protect the
health, safety, security, rights, and welfare of patients.
(B) Qualifications of applicants for licenses issued under this
article to assure the proper care of patients.
(C) Operation, maintenance, management, equipment, and
construction of facilities required to be licensed under this
article if jurisdiction is not vested in any other state agency.
(D) Manner, form, and content of the license, including rules
governing disclosure of ownership interests.
(E) Levels of medical staffing and medical services in
cooperation with the office of Medicaid policy and planning,
division of family resources, and other agencies authorized to
pay for the services.
(2) Recommend to the fire prevention and building safety
commission fire safety rules necessary to protect the health,
safety, security, rights, and welfare of patients.
(3) Classify health facilities in health care categories.
(4) Encourage the development of social and habilitative
programs in health facilities, as recommended by the community
residential facilities council.
(5) (4) Act as an advisory body for the division, commissioner,
and state department.
(6) Adopt rules under IC 4-22-2.
(1) This article.
(2) IC 16-29.
(3) IC 16-30.
(b)
(1) the individual may not practice as a qualified medication aide or a certified nurse aide; and
(2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide.
(b) The
(1) Establish a program for the certification of qualified medication aides and certified nurse aides who work in facilities licensed under this article.
(2) Prescribe education and training programs for qualified medication aides and certified nurse aides, including course and inservice requirements. The training program must include a competency test that the individual must pass before being granted an initial certification.
(3) Determine the standards concerning the functions that may be performed by a qualified medication aide and a certified nurse aide.
(4) Establish annual certification fees for qualified medication aides.
(5) Adopt rules under IC 4-22-2 necessary to implement and enforce this section.
(c) The state department shall maintain a registry of each individual who is:
(1) certified as a:
(A) qualified medication aide; or
(B) certified nurse aide; or
(2) registered as a home health aide under rules adopted under IC 16-27-1-7.
(d) The department may conduct hearings for violations of this section under IC 4-21.5.
(b)
(c) To become effective, all rules adopted under this chapter must be adopted by the executive board in accordance with IC 4-22-2. The rules adopted under this chapter are the only rules governing the licensing and operation of health facilities.
personnel at a health facility to the appropriate licensing board for
review and possible disciplinary action.
(1) Notice to the patient, the patient's next of kin, guardian, and physician of the emergency transfer and the reasons for the relocation.
(2) Protections designed to ensure the welfare and desires of the patient.
(b) Fees imposed in connection with the certificate of need review under this article are payable to the state department for use in administration of the certificate of need program created by this chapter.
that receives preliminary approval under this chapter may not add more
beds than the number determined by the Indiana health facilities health
care facility advisory council to be necessary to provide an available
bed for each person determined under IC 12-11-2.1 to be appropriate
for placement in an ICF/MR facility. Upon completion of the proposed
project and compliance with the other requirements for licensure under
IC 16-28, the state department shall issue a license to the facility.
(b) Beginning January 1, 2011, the state department shall establish the Indiana death registration system (IDRS) for recording in an electronic format deaths in Indiana.
(c) Submission of records on births and deaths shall be entered by:
(1) funeral directors;
(2) physicians;
(3) coroners;
(4) medical examiners;
(5) persons in attendance at birth; and
(6) local health departments;
using the electronic system created by the state department under this section.
(d) A person in attendance at a live birth shall report a birth to the local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana death registration system:
(1) The:
(A) physician last in attendance upon the deceased; or
(B) person in charge of interment;
shall initiate the document process.
interment shall electronically submit the certificate required
under IC 16-37-3-5 to the physician last in attendance upon the
deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of
death on the certificate of death not later than five (5) days after:
(A) initiating the document process; or
(B) receiving under IC 16-37-3-5 the electronic notification
from the person in charge of interment.
(3) The local health officer shall submit the reports required under
IC 16-37-1-5 to the state department not later than five (5) days
after electronically receiving under IC 16-37-3-5 the completed
certificate of death from the physician last in attendance.
(b) Each day a violation continues constitutes a separate offense.
(c) A person who:
(1) is licensed under IC 25 in a profession listed in section 3.1(c) of this chapter; and
(2) recklessly violates or fails to comply with this chapter;
is subject only to sanctions under IC 25-1-9-4(a)(3).
(d) The state department may not begin sanctioning a person for failing to submit a document in electronic format as required in section 3.1 of this chapter until January 1, 2012.
(b) Notwithstanding subsection (a), beginning January 1, 2011, the physician last in attendance upon the deceased or the person in charge of interment shall use the Indiana death registration system established under IC 16-37-1-3.1 to file a certificate of death with the local health officer of the jurisdiction in which the death occurred. The local health officer shall retain a copy of the certificate of death.
shall secure the personal data required by the state department by rules
adopted under IC 4-22-2 for preparation of the certificate of death or
of stillbirth from the persons best qualified to give the information.
(b) Notwithstanding subsection (a), beginning January 1, 2011, using the Indiana death registration system established under IC 16-37-1-3.1, if the person in charge of interment initiates the process, the person in charge of interment shall electronically provide a certificate of death to the physician last in attendance upon the deceased. The physician last in attendance upon the deceased shall electronically certify to the local health department the cause of death on the certificate of death, using the Indiana death registration system.
(b) The expenses of administering the fund shall be paid from the money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) The sources of money for the fund are the following:
(1) License fees established under section 6 of this chapter.
(2) Appropriations made by the general assembly, gifts, and donations intended for deposit in the fund.
(3) Penalties imposed under sections 14 and 15 of this chapter for violations of this chapter and rules adopted under this chapter concerning lead-based paint activities.
(4) Any gifts and grants to the fund.
(f) The state department may use money in the fund to do the following:
(1) Pay the expenses of administering this chapter.
(2) Cover other costs related to implementation of 40 CFR 745 for lead-based paint activities in target housing and child occupied facilities.
(b)
(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 facility administrator license.
(2) A residential care facility administrator license.
(b) Expenses of administering the account shall be paid from money in the account. The account consists of the following:
(c) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
(d) Money in the account at the end of a state fiscal year does not revert to the state general fund.
; (11)SE0366.1.41. --> SECTION 41. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 16-18-2-298; IC 16-18-2-318.1; IC 16-18-2-332; IC 16-21-1-1; IC 16-21-1-2; IC 16-21-1-3; IC 16-21-1-4; IC 16-21-1-5; IC 16-21-1-6; IC 16-21-1-8; IC 16-27-0.5-0.5; IC 16-27-0.5-1; IC 16-27-0.5-2; IC 16-27-0.5-3; IC 16-27-0.5-4; IC 16-27-0.5-5; IC 16-27-0.5-6; IC 16-27-0.5-7; IC 16-27-0.5-8; IC 16-28-1-1; IC 16-28-1-2; IC 16-28-1-3; IC 16-28-1-4; IC 16-28-1-5; IC 16-28-1-6; IC 16-28-1-8; IC 16-37-1-11.7.
(b) This section expires December 31, 2011.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
