Indiana § 16-27-2-3 Operation of home health agency or personal services agency;
prohibition; criminal conviction

Indiana Statutes

§ 16-27-2-3 — Operation of home health agency or personal services agency; prohibition; criminal conviction

Indiana § 16-27-2-3

Title 16HEALTH

Art. 27HOME HEALTH AGENCIES

Ch. 2Criminal History of Home Health Care Operators and

This text of Indiana § 16-27-2-3 (Operation of home health agency or personal services agency; prohibition; criminal conviction) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-27-2-3 (2026).

Text

(a)Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:

(1)A sex crime (IC 35-42-4).

(2)Exploitation of an endangered adult (IC 35-46-1-12).

(3)Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).

(4)Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a:

(A)felony conviction that occurred less than ten (10) years; or

(B)misdemeanor conviction that occurred less than five (5) years; before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.

(5)Identity deception (IC 35-43-5-3.5), if the con

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(a) Except as provided in subsection (c), a
person may not operate a home health agency or a personal services
agency if the person has been convicted of any of the following:
(1) A sex crime (IC 35-42-4).
(2) Exploitation of an endangered adult (IC 35-46-1-12).
(3) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(4) Theft, conversion, or receiving stolen property (IC 35-43-4),
if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5)
years;
before the date of submission by the person of an application for
licensure as a home health agency under IC 16-27-1 or as a
personal services agency under IC 16-27-4.
(5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5)
years;
before the person's employment application date.
(6) Fraud (IC 35-43-5-4), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5)
years;
before the person's employment application date.
(7) Murder (IC 35-42-1-1).
(8) Voluntary manslaughter (IC 35-42-1-3).
(9) Except as provided in this section, a crime of violence (as
defined in IC 35-50-1-2), if the person's conviction occurred less
than ten (10) years before the person's employment application
date.
(10) Felony battery within the previous five (5) years.
(11) A felony offense relating to controlled substances within the
previous five (5) years.
(b) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
(c) A person who:
(1) was operating a home health agency or a personal services
agency before July 1, 2025; and
(2) has a misdemeanor conviction under subsection (a)(4)(B) or
(a)(5)(B);
may continue to operate the home health agency or personal services
agency.
[Pre-1993 Recodification Citation: 16-10-2.6-3.]

Legislative History

As added by P.L.2-1993, SEC.10. Amended by P.L.178-1993, SEC.5; P.L.212-2005, SEC.13; P.L.158-2013, SEC.231; P.L.214-2013, SEC.18; P.L.171-2025, SEC.4.