§ 16-28-6.5-3 — Required participation in program; information to residents and representatives; discretion in designation; reconsideration of denial

Indiana § 16-28-6.5-3

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 28: HEALTH FACILITIES
• Ch. 6.5: Essential Family Caregiver Program

Text

(a) A facility shall participate in the essential
family caregiver program established and maintained by the state
department under section 2 of this chapter.
(b) A facility shall inform residents of the facility and a resident's
designated representative of the essential family caregiver program and
the process for being designated as a resident's essential family
caregiver. The facility's requirements concerning participation in the
program and applying for the designation must be in writing.
(c) The administrator of a facility, or the administrator's designee,
shall have the discretion to determine whether to designate a person to
be an essential family caregiver for a resident. The facility has the
burden of proof in justifying the facility's decision to deny the
designation for a person that applies to be an essential family caregiver
for a resident under this chapter. If a health facility denies the
designation of a person as an essential family caregiver, the health
facility must provide the denial to the person in writing with an
explanation of the reason for the denial.
(d) The administrator of a facility or the administrator's designee
shall:
(1) factor in the current status of the facility concerning the
declared emergency or public health emergency in determining
whether to designate an individual as an essential family
caregiver for a resident; and
(2) determine, not later than seven (7) days after receipt of the
application, and in consultation with staff of the facility who
provide care to the resident, each designation on a case by case
basis and as part of an individualized care plan for a resident.
(e) If an applicant is denied designation as an essential family
caregiver by the administrator, the applicant may request in writing that
the administrator reconsider designating the applicant as an essential
family caregiver. An individual whose application is still denied after
reconsideration may report the denial in writing to the state department
or the long term care ombudsman if the individual believes that the
denial is in violation of this chapter.

Legislative History

As added by P.L.142-2021, SEC.5.