Indiana Administrative Code
Title 410 - INDIANA DEPARTMENT OF HEALTH
Article 17 - HOME HEALTH AGENCIES
Rule 10 - Home Health Licensure
Section 10-1 - Licensure
Current through March 20, 2024
Authority: IC 16-27-1-7
Affected: IC 10-13-3; IC 16-20; IC 16-22-8; IC 16-27-1; IC 25-22.5; IC 27-8-27-1
Sec. 1.
(a) No home health agency shall:
without a license issued by the department.
(b) A license is required for any home health agency providing care in Indiana where the parent agency is located in a state other than Indiana. The home health agency must:
(c) Application for a license to operate a home health agency shall be:
(d) Disclosure of ownership and management information must be made to the department at the time of the home health agency's initial request for licensure, for each survey, and at the time of any change in ownership or management. The disclosure must include the names and addresses of the following:
of the home health agency and evidence supporting the qualifications required by this article.
(e) After receiving a completed application, the nonrefundable fee required by subsection (c), and disclosure of ownership and management information, the department may issue a provisional license for a period of ninety (90) days pending an on-site inspection. In determining whether to issue the provisional license, the department shall consider the following factors:
at any time within two (2) years immediately preceding the date that the applicant applied for a license.
(f) After the opening of the agency and before the expiration of the provisional license the department may conduct a licensing survey or additional documentation will be requested prior to the end of the provisional period to ensure compliance with this article.
(g) If the agency is found to be in compliance with this article, the department will issue a full license to operate a home health agency. If the agency is not found to be in compliance with this article, the department may extend the provisional license for ninety (90) days. If the provisional license is extended, a revisit survey may be conducted or additional documentation will be requested before the end of the provisional period to ensure compliance with this article. If the agency is found to be in compliance with this article, the department will issue a full license to operate a home health agency. If the agency is not found to be in compliance with this article after the extended provisional period, the department may do any of the following:
(h) In determining whether to issue the initial license to operate a home health agency, the department may consider the following:
(i) The full license shall relate back to and reflect the date of the first day of the first provisional license issued by the department.
(j) In determining whether to renew a license to operate a home health agency, the department may consider the following:
(k) In conducting a survey, a surveyor shall receive copies of any and all documents necessary to make a determination of compliance. The surveyor may do either of the following:
At the sole discretion of the department and for good cause shown, the home health agency may be granted up to twenty-four (24) hours to produce documents requested by the surveyor.
(l) A home health agency may apply to provide a service that was not listed in its application or renewal application by notifying the department in writing of the new service, the date the service is intended to be offered, and all supporting documentation that shows the home health agency is qualified to provide the additional service. This documentation includes, but is not limited to, the following:
(m) The following are not required to be licensed as a home health agency:
(n) Except as provided in 410 IAC 17-11-5, each license shall:
The licensee shall notify the department in writing thirty (30) days in advance of closing or selling the home health agency.
(o) Each license shall:
Upon sale, assignment, lease, or other transfer, voluntary or involuntary, including those transfers that qualify as changes of ownership, a new owner or person in interest shall obtain a license from the department before maintaining, operating, or conducting a home health agency.
(p) The licensee shall submit an annual activity report to the department on a form provided by the department.
(q) The department may conduct, but is not limited to, the following:
(r) In the years that a home health agency has an accreditation survey by a body recognized as a home health accrediting agency, the home health agency may submit the accreditation survey report to the department for review and action as follows: