§ 16-21-2-11.5 — Construction projects; prior notice and hearing

Indiana § 16-21-2-11.5

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 21: HOSPITALS
• Ch. 2: Licensure of Hospitals

Text

5. (a) As used in this section, "construction
project" means the erection, installation, alteration, repair, or
remodeling of a building or structure that, when completed, will be
subject to licensure as a hospital or an ambulatory outpatient surgical
center under this article. The term does not include the acquisition or
installation of medical equipment or the purchase of the services of an
architect, engineer, or consultant to prepare plans or studies related to
a construction project.
(b) Except as provided in subsection (c), this section applies to a
hospital or an ambulatory outpatient surgical center for which licensure
is required under this article.
(c) This section does not apply to:
(1) a hospital or an ambulatory outpatient surgical center that is
operated by the federal government or an agency of the federal
government; or
(2) a construction project begun before July 1, 2005.
For purposes of this subsection, a construction project is considered to
have begun on the day that the physical erection, installation,
alteration, repair, or remodeling of the building or structure
commences.
(d) Before the owner of:
(1) a hospital or proposed hospital may begin a construction
project that is estimated by the owner to cost at least ten million
dollars ($10,000,000); or
(2) an ambulatory outpatient surgical center or a proposed
ambulatory outpatient surgical center may begin a construction
project that is estimated by the owner to cost at least three million
dollars ($3,000,000);
the owner shall hold at least two (2) public hearings concerning the
construction project and publish notice of each hearing at least ten (10)
days before the hearing is held.
(e) A notice published under subsection (d) must meet the standards
specified for public notices in IC 5-3-1.
(f) A hearing held under subsection (d):
(1) must:
(A) be held at a location not more than ten (10) miles from the
site of the construction project;
(B) be held exclusively by the owner or the owner's
representative; and
(C) include an announcement from the owner or the owner's
representative that provides to the public:
(i) a description of;
(ii) an estimate of the cost of; and
(iii) a statement regarding the owner's reason for;
the construction project, including a description of the health
care services that will be provided by the hospital or ambulatory
outpatient surgical center as a result of the construction project;
and
(2) may be held:
(A) on any day of the week other than Saturday or Sunday; and
(B) at any time not earlier than 3 p.m. or later than 9 p.m.;
as determined by the owner.
(g) A hearing held as required under this section does not cause any
information or materials possessed or held by the owner or the owner's
employee, contractor, agent, or representative to be discoverable or
considered public information or public materials.
(h) A statement or question concerning a construction project, or an
objection to a construction project, that arises during a hearing held
under this section may not cause a delay in or denial of the issuance of
a license under this article.
(i) Compliance with this section may be enforced only by the state
department.

Legislative History

As added by P.L.67-2005, SEC.2.