§ 16-21-2-12.5 — Enforcement publications; new version implementation procedure; plan review; voided rules

Indiana § 16-21-2-12.5

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

Text

5. (a) Except as provided in subsections (d)
and (e), in regulating the licensure of hospitals and ambulatory
outpatient surgical centers under this article, the state department shall
use the following for purposes of enforcement:
(1) The most recent published version of the Facility Guidelines
Institute (FGI) Guidelines for Design and Construction of
Hospitals, except to the extent the guidelines conflict with
subdivision (3) or (4).
(2) The most recent published version of the Facility Guidelines
Institute (FGI) Guidelines for Design and Construction of
Outpatient Facilities, except to the extent the guidelines conflict
with subdivision (3) or (4).
(3) The National Fire Protection Association (NFPA) 101, Life
Safety Code Handbook and Tentative Interim Amendments
(TIAs), as adopted by the federal Centers for Medicare and
Medicaid Services regulations, as part of the Conditions of
Participation for Medicare and Medicaid.
(4) The National Fire Protection Association (NFPA) 99, Health
Care Facilities Code Handbook and Tentative Interim
Amendments (TIAs), as adopted by the federal Centers for
Medicare and Medicaid Services regulations, as part of the
Conditions of Participation for Medicare and Medicaid.
(b) The state department shall list the version of each publication
described in subsection (a) being utilized by the state department on
the state department's website.
(c) The state department shall meet the following requirements
when a new version of a publication described in subsection (a)(1) and
(a)(2) is published:
(1) Not later than ninety (90) days from the publication of the new
version, post a notice of the publication on the state department's
website, stating the state department's intent to adopt the new
version.
(2) Set forth as part of the notice a date that is:
(A) not earlier than two hundred seventy (270) days; and
(B) not later than three hundred sixty (360) days;
from the posting of the notice in which the state department may
take action using the new version of the publication.
(d) The following apply for a plan review submitted to the state
department concerning the construction, renovation, or addition to a
hospital or ambulatory outpatient surgical center:
(1) For a plan review submitted before July 1, 2025, the state
department shall utilize, for purposes of enforcement, the version
of each publication described in subsection (a) that was in effect
at the time the plan review was submitted.
(2) For a plan review submitted on July 1, 2025, and thereafter,
the state department shall utilize, for purposes of enforcement, the
version of each publication that was in place on the date that the
plan review was submitted and complying with the limitations set
forth in subsection (c)(2).
(e) The following are void:
(1) 410 IAC 15-1.5-8(c)(1).
(2) 410 IAC 15-1.5-8(c)(3).
(3) 410 IAC 15-2.5-7(a)(4)(A).
(4) 410 IAC 15-2.5-7(a)(4)(C).
The publisher of the Indiana Code and Indiana Register shall remove
these provisions from the Indiana Administrative Code.

Legislative History

As added by P.L.171-2025, SEC.3.