CHAPTER 1. LICENSURE OF HOME HEALTH AGENCIES
IC 16-27-1
Chapter 1. Licensure of Home Health Agencies
IC 16-27-1-0.5
Repealed
(Repealed by P.L.212-2005, SEC.77.)
IC 16-27-1-1
Health care professional defined
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 licensed; or
(B) occupational therapy assistant certified;
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.
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.
IC 16-27-1-2
Home health agency defined
Sec. 2. (a) As used in this chapter, "home health agency" means
a person that provides or offers to provide only a 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 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.
As added by P.L.2-1993, SEC.10. Amended by P.L.37-2003, SEC.1;
P.L.141-2006, SEC.80.
IC 16-27-1-3
Repealed
(Repealed by P.L.110-1999, SEC.6.)
IC 16-27-1-4
Home health aide services defined
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.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-5
Home health services defined
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 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) 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.
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.
IC 16-27-1-6
Patient defined
Sec. 6. As used in this chapter, "patient" means an individual who
has been accepted for care by a home health agency.
As added by P.L.2-1993, SEC.10.
IC 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.
As added by P.L.2-1993, SEC.10. Amended by P.L.212-2005,
SEC.11.
IC 16-27-1-8
Licensing
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.
As added by P.L.2-1993, SEC.10.
IC 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.
As added by P.L.2-1993, SEC.10.
IC 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.
As added by P.L.2-1993, SEC.10. Amended by P.L.256-1999,
SEC.18; P.L.255-2001, SEC.15.
IC 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.
As added by P.L.2-1993, SEC.10.
IC 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) IC 4-21.5 applies to an action under this section.
As added by P.L.2-1993, SEC.10.
IC 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.
As added by P.L.2-1993, SEC.10.
IC 16-27-1-14
Appeals panel
Sec. 14. (a) The executive board shall appoint an appeals panel
consisting of three (3) members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indiana
who is not an employee of the state department.
(3) One (1) individual with qualifications determined by the
executive board.
(b) An employee of the state department may not be a member of
the panel.
(c) The panel shall conduct proceedings for review of an order
issued by an administrative law judge under this chapter. The panel
is the ultimate authority under IC 4-21.5.
As added by P.L.2-1993, SEC.10.
IC 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.
As added by P.L.2-1993, SEC.10.
IC 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, a dentist, a
chiropractor, a podiatrist, or an optometrist licensed in Indiana or any
other state. If the physician, 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, 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.
IC 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.