Indiana § 16-28-2-12 Visitation of a resident during a declared emergency; public health
emergency, or crisis; burden of proof in denial of visitation

Indiana Statutes

§ 16-28-2-12 — Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation

Indiana·Title 16 HEALTH·Art. 28 HEALTH FACILITIES·Ch. 2 Licensure of Health Facilities

(a)As used in this section, "facility" includes the following:

(1)A health facility licensed under this article.

(2)A residential care facility.

(b)During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following:

(1)End of life situations.

(2)A recently admitted resident who is struggling to adapt to the facility and the lack of family support.

(3)

Free access — add to your briefcase to read the full text and ask questions with AI

(a) As used in this section, "facility" includes
the following:
(1) A health facility licensed under this article.
(2) A residential care facility.
(b) During a declared emergency, public health emergency, or
similar crisis, a facility shall allow, in accordance with guidelines from
the Centers for Medicare and Medicaid Services, visitation of a
resident by the resident's family member, legal representative, clergy,
or essential family caregiver (as determined in IC 16-28-6.5), or an
individual who can meet the resident's needs, regardless of visitation
restrictions implemented by the facility, in compassionate care
situations, including the following:
(1) End of life situations.
(2) A recently admitted resident who is struggling to adapt to the
facility and the lack of family support.
(3) A resident who is grieving the recent death of a family
member or friend.
(4) A resident who is experiencing weight loss or dehydration and
is in need of cuing and encouragement for eating or drinking that
was previously provided to the resident by a family member or
caregiver.
(5) A resident who is experiencing emotional distress and is not
talking or interacting with others as the resident previously had.
(6) A resident who is diagnosed with Alzheimer's disease,
dementia, or a related cognitive disorder, and is experiencing
distress due to a lack of visitation.
(7) A resident who is failing to thrive.
(c) A facility has the burden of proof in justifying the facility's
decision to deny visitation for a resident's family member, legal
representative, or essential family caregiver in a compassionate care
situation under this section.

Indiana § 16-28-2-12 (Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.