§ 16-29-7-1 — Non-applicability

(a) This chapter does not apply to the
following:
(1) A replacement comprehensive care health facility located in
the same county as the original comprehensive care health
facility, if the replacement comprehensive care health facility
meets the following:
(A) The replacement comprehensive care health facility does
not add any additional comprehensive care beds that were not
contained in the original comprehensive care health facility
unless additional beds are obtained from another
comprehensive care health facility in the same county as
provided for in subdivision (3).
(B) The original comprehensive care health facility that is being
replaced by the replacement comprehensive care health facility
will no longer be licensed as a comprehensive care health
facility not later than sixty (60) days after the replacement
comprehensive care health facility obtains a health facility
license from the state department.
(2) A comprehensive care health facility:
(A) constructing a new addition for the existing comprehensive
care health facility; or
(B) modifying or altering the structure of the existing
comprehensive care health facility;
if the construction, modification, or alteration does not add one
(1) or more new comprehensive care beds from outside of the
county to the existing comprehensive care health facility.
However, a comprehensive care health facility adding, modifying,
or altering the facility's structure under this subdivision may add
beds from within the same county as provided for in subdivision
(3).
(3) A comprehensive care health facility that transfers any of the
comprehensive care health facility's comprehensive care beds,
including the Medicaid certification status of the comprehensive
care beds, to another comprehensive care health facility in the
same county, regardless of whether there is common ownership
between the comprehensive care health facilities. A
comprehensive care health facility that transfers any of the
facility's comprehensive care beds shall reduce the facility's count
of licensed comprehensive care beds by the number of beds that
are transferred. The receiving facility may increase any of the
following:
(A) The count of licensed comprehensive care beds.
(B) The number of beds that are Medicaid certified.
(4) A comprehensive care bed that is:
(A) owned, operated, or sponsored by a religious organization
that:
(i) is an Indiana nonprofit corporation;
(ii) was, before December 31, 2017, exempt from adjusted
gross income taxation under IC 6-3-2-2.8 by virtue of the
nonprofit organization's religious organization status;
(iii) is operated for bona fide religious purposes; and
(iv) is not controlled, owned, or operated by a hospital
licensed under IC 16-21-2; or
(B) owned or operated by an Indiana nonprofit corporation that
is owned by a religious organization described in clause (A);
if the majority of the comprehensive care beds are used to serve
members of the religious organization.
(5) Comprehensive care beds that are owned, operated, or
sponsored by a fraternal organization that:
(A) was, before December 31, 2017, exempt from adjusted
gross income taxation under IC 6-3-2-2.8 by virtue of the
fraternal organization's status as a fraternal organization; and
(B) is owned, operated, or sponsored by a health facility
licensed under this article before December 31, 2017;
if the majority of the comprehensive care beds are used to serve
members of the fraternal organization.
(6) Subject to section 16 of this chapter, a small house health
facility that is applying to the state department for licensure or
Medicaid certification for not more than fifty (50) comprehensive
care beds for small house health facilities per year, including an
entity related to the small house health facility through common
ownership or control.
(7) A continuing care retirement community that:
(A) was registered under IC 23-2 before July 1, 2008;
(B) continuously maintains the registration under IC 23-2; and
(C) needs additional comprehensive care beds for purposes of
fulfilling a continuing care contract.
If a continuing care retirement community fails to maintain
registration under IC 23-2, 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 IC 16-28.
(b) Except as provided in subsections (c) and (d), the
comprehensive care beds exempt from this chapter under subsection
(a)(4) and (a)(5) may not be sold, leased, or otherwise conveyed to any
person for at least twenty (20) years from the date the comprehensive
care bed is licensed. A person that violates this subsection may not
participate as a provider in the state Medicaid program.
(c) Subsection (b) does not prohibit the sale, lease, or conveyance
of comprehensive care beds by a religious organization described in
subsection (a)(4) to:
(1) another religious organization described in subsection
(a)(4)(A); or
(2) an Indiana nonprofit corporation that is owned by a religious
organization described in subsection (a)(4)(A).
However, a majority of the comprehensive care beds sold, leased, or
conveyed under this subsection must be used to serve members of
either the religious organization or the religious organization's
nonprofit corporation to which the comprehensive care beds are sold,
leased, or conveyed.
(d) Subsection (b) does not prohibit the sale, lease, or conveyance
of comprehensive care beds described in subsection (a)(5) to another
fraternal organization described in subsection (a)(5). However, a
majority of the comprehensive care beds sold, leased, or conveyed
under this subsection must be used to serve members of the fraternal
organization to which the beds are sold, leased, or conveyed.

Legislative History

As added by P.L.202-2018, SEC.8. Amended by P.L.149-2023, SEC.17.