§ 16-28-2.5-6 — Approval by the state department; application

Indiana § 16-28-2.5-6

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 28: HEALTH FACILITIES
• Ch. 2.5: Licensure and Certification Limitations

Text

(a) Except as provided in subsection (b), the
state department may not approve the following:
(1) The licensure of:
(A) comprehensive care health facilities; or
(B) new or converted comprehensive care beds.
(2) The certification of new or converted comprehensive care
beds for participation in the state Medicaid program unless the
statewide comprehensive care bed occupancy rate is more than
ninety-five percent (95%), as calculated annually on January 1 by
the state department.
(3) Transfer between any comprehensive care facilities of
licensed comprehensive care beds or comprehensive care bed
certifications for participation in the state Medicaid program.
Beds in a health facility that provides residential nursing care under IC 16-28 may not be converted to comprehensive care beds.
(b) This section does not apply to the following:
(1) A comprehensive care health facility that:
(A) is licensed under;
(B) is to be licensed under;
(C) is subject to; or
(D) will be subject to;
this article and that is under development as of July 1, 2015.
(2) A small house health facility approved under section 7 of this
chapter.
(3) A comprehensive care health facility that meets the conditions
set forth in section 6.5 of this chapter.
(4) A continuing care retirement community that was registered
under IC 23-2 before July 2, 2015, and that continuously
maintains its registration under IC 23-2. If a continuing care
retirement community fails to maintain registration under IC 23-2
after July 1, 2015, the comprehensive care beds, including beds
certified for use in the state Medicaid program or the Medicare
program, that the continuing care retirement community
previously operated are not forfeited as long as the continuing
care retirement community continues to comply with the licensure
and certification requirements of this article.
(5) A comprehensive care health facility or a comprehensive care
bed that is to be added or certified in the state Medicaid program
in a county where the county's comprehensive care bed occupancy
rate exceeds ninety percent (90%), as calculated by the state
department on January 1 and July 1 of each year. The number of
comprehensive care beds allowed under this subdivision may not
exceed either:
(A) the number of beds that would cause the county occupancy
rate to fall below the statewide average; or
(B) seventy (70) comprehensive care beds per applicant.
(6) A comprehensive care health facility that undergoes a change
of ownership for purposes of:
(A) the granting of a license by the state department to operate
the comprehensive care health facility; and
(B) the maintenance for any of the beds in the comprehensive
care health facility, including Medicaid certified beds, by the
entity granted a license by the state department.
However, after the change of ownership, the comprehensive care
health facility is subject to subsection (a) unless the
comprehensive care health facility meets the requirements under
another subdivision under this subsection.
(c) The state department shall make the final determination
concerning whether an entity has met or is meeting the requirements of
this chapter concerning being under development.

Legislative History

As added by P.L.257-2015, SEC.4. Amended by P.L.217-2017, SEC.87.