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.
16-28-6.5-10. Immunity; 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 […]
16-28-6.5-2. Adoption 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 […]
16-28-6.5-3. Required 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 […]
16-28-6.5-4. Requirements 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 […]
16-28-6.5-5. Resident 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.
16-28-6.5-6. Requirements 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 […]
16-28-6.5-7. Restrictions 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 […]
16-28-6.5-8. Facility 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) […]
16-28-6.5-9. Rules
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 […]