CHAPTER 9. PROVISION OF CHARITABLE CARE BY NONPROFIT HOSPITALS
IC 16-21-9
Chapter 9. Provision of Charitable Care by Nonprofit Hospitals
IC 16-21-9-1
"Community benefits" defined
Sec. 1. As used in this chapter, "community benefits" means the
unreimbursed cost to a hospital of providing charity care,
government sponsored indigent health care, donations, education,
government sponsored program services, research, and subsidized
health services. The term does not include the cost to the hospital of
paying any taxes or other governmental assessments.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-2
"Government sponsored indigent health care" defined
Sec. 2. As used in this chapter, "government sponsored indigent
health care" means the unreimbursed cost to a hospital of Medicare,
providing health care services to recipients of Medicaid, and other
federal, state, or local indigent health care programs, eligibility for
which is based on financial need.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-3
"Nonprofit hospital" defined
Sec. 3. As used in this chapter, "nonprofit hospital" means a
hospital that is organized as a nonprofit corporation or a charitable
trust under Indiana law or the laws of any other state or country and
that is:
(1) eligible for tax exempt bond financing; or
(2) exempt from state or local taxes.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-4
Organizational mission statement; community benefits plan
Sec. 4. A nonprofit hospital shall develop:
(1) an organizational mission statement that identifies the
hospital's commitment to serving the health care needs of the
community; and
(2) a community benefits plan defined as an operational plan for
serving the community's health care needs that:
(A) sets out goals and objectives for providing community
benefits that include charity care and government sponsored
indigent health care; and
(B) identifies the populations and communities served by the
hospital.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-5
Health care needs of community
Sec. 5. When developing the community benefits plan, the
hospital shall consider the health care needs of the community as
determined by communitywide needs assessments.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-6
Elements of community benefits plan
Sec. 6. The hospital shall include at least the following elements
in the community benefits plan:
(1) Mechanisms to evaluate the plan's effectiveness, including
a method for soliciting the views of the communities served by
the hospital.
(2) Measurable objectives to be achieved within a specified
time frame.
(3) A budget for the plan.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-7
Annual report for community benefits plan
Sec. 7. (a) Each nonprofit hospital shall prepare an annual report
of the community benefits plan. The report must include, in addition
to the community benefits plan itself, the following background
information:
(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. The report must
be filed not later than one hundred twenty (120) days after the close
of the hospital's fiscal year.
(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.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-8
Failure to file annual report
Sec. 8. The state department may assess a civil penalty against a
nonprofit hospital that fails to make a report of the community
benefits plan as required under this chapter. The penalty may not
exceed one thousand dollars ($1,000) for each day a report is
delinquent after the date on which the report is due. No penalty may
be assessed against a hospital under this section until thirty (30)
business days have elapsed after written notification to the hospital
of its failure to file a report.
As added by P.L.94-1994, SEC.17.
IC 16-21-9-9
Other rights and remedies retained
Sec. 9. The rights and remedies provided for in this chapter are in
addition to other statutory or common law rights or remedies
available to the state or a nonprofit hospital.
As added by P.L.94-1994, SEC.17.