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 § 16-28-2-12

Title 16HEALTH

Art. 28HEALTH FACILITIES

Ch. 2Licensure of Health Facilities

This text of 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) 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 § 16-28-2-12 (2026).

Text

(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)

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(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.