Introduced Version






SENATE BILL No. 484

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2-202.5 ; IC 16-28.

Synopsis: Safety of health facility patients. Requires a health facility to: (1) isolate from other patients and monitor at all times a patient who physically or sexually abuses another patient or who has a history of sexually abusive or violent behavior; and (2) if abuse occurs, notify the state department of health and the family members or legal guardian of a patient who is physically or sexually abused by another patient. Classifies failure to isolate or monitor an abusive patient as an offense. Classifies a failure to notify as a deficiency. Requires the state department of health, within 10 days after receiving notice of an incident of abuse, to conduct a meeting with family members or the legal guardian of an abused patient and health facility staff. Permits the office of Medicaid policy and planning to withhold each month, to the extent permitted by federal law, a portion of the Medicaid reimbursement that would otherwise be paid to the health facility until the health facility has paid in full any fines levied against it by the state department of health.

Effective: July 1, 2001.





Hume




    January 22, 2001, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 484



    A BILL FOR AN ACT to amend the Indiana Code concerning health facilities.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-202.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 202.5. "Licensee", for purposes of IC 16-28-5 , has the meaning set forth in IC 16-28-5-0.5.
    SECTION 2. IC 16-28-5-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 0.5. As used in this chapter, "licensee" means a person who holds a valid license issued under IC 16-28-2.
    SECTION 3. IC 16-28-5-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 5.5. If:
        (1) the state department imposes a fine against a health facility under this article; and
        (2) the health facility fails to pay all or any portion of the fine;
the state department shall notify the office of Medicaid policy and planning of the health facility's failure to pay. The office of Medicaid policy and planning shall withhold each month, to the

extent permitted by federal law, a portion of the Medicaid reimbursement that would otherwise be paid to the health facility until the health facility has paid the fine in full.
    SECTION 4. IC 16-28-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]:
     Chapter 15. Patient Protection
    Sec. 1. (a) This section applies to a patient of a health facility who:
        (1) physically or sexually abuses another patient of the health facility; or
        (2) has a history of:
            (A) sexually abusive; or
            (B) violent;
        behavior before becoming a patient of the health facility.
    (b) A health facility shall:
        (1) isolate from other patients; and
        (2) monitor at all times;
a patient described in subsection (a).
    (c) A violation of subsection (b) is an offense.
    Sec. 2. (a) If a patient of a health facility is physically or sexually abused by another patient of the health facility, the health facility shall notify:
        (1) the family or legal guardian of the patient who was abused; and
        (2) the state department.
    (b) A violation of subsection (a) is a deficiency.
    Sec. 3. (a) If the state department is notified of an incident of physical or sexual abuse under section 2 of this chapter, the state department shall conduct a meeting to investigate the event and to determine any appropriate action required to prevent future abuse.
    (b) The meeting required under subsection (a) must:
        (1) be held within ten (10) days after the date the state department receives notice of the abuse; and
        (2) include the following individuals:
            (A) Family members or the legal guardian of the abused patient.
            (B) Staff members of the health facility who were involved in the care of the abused patient.
            (C) A representative of the state department.