(a)To operate a personal services agency, a
person must obtain a license from the state health commissioner. A
personal services agency may not be opened, operated, managed, or
maintained or conduct business without a license from the state
department. Each parent personal services agency must obtain a
separate license.
(b)A parent personal services agency may maintain branch offices
that operate under the license of the parent personal services agency.
Each branch office must be:
(1)at a location or site from which the personal services agency
provides services;
(2)owned and controlled by the parent personal services agency;
and
(3)located within a radius of one hundred twenty (120) miles of
the parent personal services agency.
(c)A license is required for any personal services agen
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(a) To operate a personal services agency, a
person must obtain a license from the state health commissioner. A
personal services agency may not be opened, operated, managed, or
maintained or conduct business without a license from the state
department. Each parent personal services agency must obtain a
separate license.
(b) A parent personal services agency may maintain branch offices
that operate under the license of the parent personal services agency.
Each branch office must be:
(1) at a location or site from which the personal services agency
provides services;
(2) owned and controlled by the parent personal services agency;
and
(3) located within a radius of one hundred twenty (120) miles of
the parent personal services agency.
(c) A license is required for any personal services agency providing
services in Indiana. An out-of-state personal services agency must be
authorized by the secretary of state to conduct business in Indiana and
have a branch office in Indiana.
(d) Application for a license to operate a personal services agency
must be made on a form provided by the state department and must be
accompanied by the payment of a fee of two hundred fifty dollars
($250). The application may not require any information except as
required under this chapter.
(e) After receiving a completed application that demonstrates prima
facie compliance with the requirements of this chapter and the payment
of the fee required by subsection (d), the state department shall issue
a license to the applicant to operate a personal services agency. The
state department may conduct an onsite inspection in conjunction with
the issuance of an initial license or the renewal of a license.
(f) In the state department's consideration of:
(1) an application for licensure;
(2) an application for renewal of licensure;
(3) a complaint alleging noncompliance with the requirements of
this chapter; or
(4) an investigation conducted under section 7(a) of this chapter;
the state department's onsite inspections in conjunction with those
actions are limited to determining the personal service agency's
compliance with the requirements of this chapter or permitting or
aiding an illegal act in a personal services agency.
(g) Subject to subsection (e), when conducting an onsite inspection,
the state department must receive all documents necessary to determine
the personal service agency's compliance with the requirements of this
chapter. A personal services agency must produce documents requested
by the state department surveyor not less than twenty-four (24) hours
after the documents have been requested.
(h) A license expires one (1) year after the date of issuance of the
license under subsection (e). However, the state department may issue
an initial license for a period of less than one (1) year to stagger the
expiration dates. The licensee shall notify the state department in
writing at least thirty (30) days before closing or selling the personal
services agency.
(i) A personal services agency license may not be transferred or
assigned. Upon sale, assignment, lease, or other transfer, including
transfers that qualify as a change in ownership, the new owner or
person in interest must obtain a license from the state department under
this chapter before maintaining, operating, or conducting the personal
services agency.
(j) A home health agency licensed under IC 16-27-1 that operates
a personal services agency within the home health agency is subject to
the requirements of this chapter. The requirements under IC 16-27-1 do
not apply to a home health agency's personal services agency. The
requirements under this chapter do not apply to a home health agency's
operations. A home health agency that is licensed under IC 16-27-1 is
not required to obtain a license under this chapter.
(k) If a person who is licensed to operate a personal services agency
is also licensed to operate a home health agency under IC 16-27-1, an
onsite inspection for renewal of the person's personal services agency
license must, to the extent feasible, be conducted at the same time as
an onsite inspection for the home health agency license.
(l) A personal services agency that provides lift services must have
a liability insurance policy that covers lift services.