Indiana § 16-28-6-2 - Relocation rules

§ 16-28-6-2. Relocation rules

Sec. 2. The state department shall adopt rules governing the emergency relocation of patients that provide for the following:

(1) Notice to the patient, the patient's next of kin, guardian, and physician of the emergency transfer and the reasons for the relocation.

(2) Protections designed to ensure the welfare and desires of the patient.

[Pre-1993 Recodification Citation: 16-10-4-18 part.]

As added by P.L.2-1993, SEC.11. Amended by P.L.156-2011, SEC.26; P.L.197-2011, SEC.68.

IC 16-28-6.5Chapter 6.5. Essential Family Caregiver Program

16-28-6.5-1"Facility" defined 16-28-6.5-2Adoption of standards and guidelines on the essential family caregiver program 16-28-6.5-3Required participation in program; information to residents and representatives; discretion in designation; reconsideration of denial 16-28-6.5-4Requirements for designation 16-28-6.5-5Resident agreement of designation 16-28-6.5-6Requirements of facility; reasonable visitation times; copy of plan 16-28-6.5-7Restrictions of established plan of visitation 16-28-6.5-8Facility notification of noncompliance; enforcement action by state department 16-28-6.5-9Rules 16-28-6.5-10Immunity; exception

IC 16-28-6.5-1"Facility" defined Sec. 1. As used in this chapter, "facility" includes the following:

(1) A health facility licensed under this article.

(2) A residential care facility.

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

IC 16-28-6.5-2Adoption of standards and guidelines on the essential family caregiver program Sec. 2. The state department shall adopt standards and guidelines concerning the essential family caregiver program to be implemented during a declared emergency or a public health emergency for the purpose of establishing protocols for a facility to designate a person chosen by a resident or a resident's designated representative to assist the facility in providing care to the resident that was previously provided by the person before restrictions were placed on visitation due to a declared emergency or a public health emergency when visitation is limited or restricted. Either:

(1) the resident; or

(2) if the individual has been deemed to be incapacitated or is a resident of a memory care unit, the resident's designated representative;

shall make the determination. The facility shall allow at least two (2) individuals per resident to be designated, and the resident or the resident's designated representative shall determine the identity of the primary essential family caregiver to serve as the resident's main point of contact for communication and care coordination.

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

IC 16-28-6.5-3Required participation in program; information to residents and representatives; discretion in designation; reconsideration of denial Sec. 3. (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.

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

IC 16-28-6.5-4Requirements for designation Sec. 4. To be designated as an essential family caregiver of a resident, an individual must at least meet the following:

(1) Is at least eighteen (18) years of age.

(2) Either:

(A) before the declared emergency or public health emergency that resulted in the placement of visitation restrictions, regularly engaged with the resident on average at least two (2) times per week to provide care or support to the resident, including help with meal set up, grooming, and companionship; or

(B) if the resident is a new resident to the facility during a declared emergency or public health emergency, previously provided care to the resident.

(3) Has taken and passed any screening test or other testing required for the declared emergency or public health emergency, and agrees to continue to take any required testing throughout the emergency when requested.

(4) Agrees to take any precautionary measures, including hand hygiene and the wearing of a mask or other personal protective equipment required by the facility.

(5) Agrees to only enter the resident's room and designated areas of the facility.

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

IC 16-28-6.5-5Resident agreement of designation Sec. 5. A resident or a resident's designated representative must agree to a designation of an individual as the resident's essential family caregiver before the designation may occur. The resident or resident's designated representative may revoke the agreement concerning a designated essential family caregiver at any time.

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

IC 16-28-6.5-6Requirements of facility; reasonable visitation times; copy of plan Sec. 6. (a) If a facility designates an individual as an essential family caregiver for a resident, the following must occur:

(1) The facility must set forth in writing the hours of visitation and the length of time of the visitation.

(2) The facility shall provide a written list of the rules that the designee must follow, and the designee shall attest to the receipt of and agreement to the rules.

(3) An individualized plan shall be developed by the facility, resident, resident's designated representative, and each designee for each designation that:

(A) specifies the responsibilities of all parties;

(B) is maintained in the resident's file;

(C) is provided to both the resident and the designated essential family caregiver;

(D) is developed for both in-person outdoor and indoor visitation, and virtual visits when the essential family caregiver is unable or prohibited from entry due to illness; and

(E) reflects the preferences of the resident and the essential family caregiver while adhering to all state and federal guidelines concerning visitation.

(b) A facility and essential family caregiver shall work together to ensure reasonable visitation times are set in a manner that provides an essential family caregiver the ability to visit the resident.

(c) Upon request of the resident, the resident's designated representative, the resident's family, or the resident's legal representative, the facility shall provide a copy of the individual's plan described in this section to the long term care ombudsman.

As added by P.L.142-2021, SEC.5. Amended by P.L.220-2021, SEC.8.

IC 16-28-6.5-7Restrictions of established plan of visitation Sec. 7. A facility may restrict an established plan of visitation by an essential family caregiver for any of the following:

(1) The essential family caregiver's violation of the rules set forth in the individualized plan established under section 6 of this chapter.

(2) The essential family caregiver's positive screening test for a length of time, as established by federal or state guidelines.

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

IC 16-28-6.5-8Facility notification of noncompliance; enforcement action by state department Sec. 8. (a) If a facility is unable to comply with this chapter or any requirements for the program established by the state department, the facility shall notify the state department of the reason the facility may not comply with the program and what the facility needs in order to comply with the program.

(b) The state department may take enforcement action against a facility as determined by rules adopted under section 9 of this chapter.

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

IC 16-28-6.5-9Rules Sec. 9. The state department may adopt rules under IC 4-22-2 concerning the essential family caregiver program, including:

(1) the oversight and enforcement of the essential family caregiver program;

(2) the establishment of requirements for plans for correction for a violation by a facility under this chapter; and

(3) reporting of the participation in the essential family care giver program, compassionate care program, and general visitation.

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

IC 16-28-6.5-10Immunity; exception Sec. 10. (a) A facility, its employees, and contractors are immune from civil liability for an injury or harm caused by or resulting from:

(1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency declared under IC 10-14-3-12; or

(2) acts or omissions by visitors who are present in the facility;

as a result of the implementation of the protocols under this chapter.

(b) The immunity described in subsection (a) does not apply to any act or omission that constitutes gross negligence or willful or wanton misconduct.

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

IC 16-28-7Chapter 7. Monitors

16-28-7-1Placement of monitors 16-28-7-2Appealability of orders 16-28-7-3Licensing and duties of monitors who are not state employees 16-28-7-4Placement costs for monitors who are not state employees 16-28-7-4.3Placement costs, licensing, and duties of monitors who are state employees 16-28-7-5Confidentiality