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SENATE ENROLLED ACT No. 224





     AN ACT to amend the Indiana Code concerning health.

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

    SECTION 1. IC 16-18-2-150 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 150. (a) "Governing body", for purposes of IC 16-22-7, has the meaning set forth in IC 16-22-7-2.
     (b) "Governing body", for purposes of IC 16-27-0.5, has the meaning set forth in IC 16-27-0.5-0.5.
    (b) (c) "Governing body", for purposes of IC 16-41-22, has the meaning set forth in IC 16-41-22-3.
    SECTION 2. IC 16-27-0.5-0.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 0.5. As used in this chapter, "governing body" means the board of trustees, governing board, board of directors, or other body responsible for governing a home health agency or a hospice.
    SECTION 3. IC 16-27-0.5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The

home health care services and hospice services council is established.
    (b) The council consists of sixteen (16) members as follows:
        (1) One (1) licensed physician experienced in home health care.
        (2) One (1) licensed physician with certification in hospice and palliative medicine.
        (3) Four (4) individuals as follows:
            (A) One (1) individual engaged in the administration of a nonhospital based home health agency.
            (B) One (1) individual engaged in the administration of a hospital based home health agency.
            (C) One (1) individual engaged in the administration of:
                (i) a nonhospital based hospice; or
                (ii) a hospice licensed under IC 16-25-3 that provides in-patient care.
            (D) One (1) individual engaged in the administration of a hospital based hospice.
        (4) One (1) registered nurse who is licensed under IC 25-23 and experienced in home health care.
        (5) One (1) registered nurse who is licensed under IC 25-23 with certification in hospice and palliative medicine.
        (6) One (1):
            (A) physical therapist licensed under IC 25-27;
            (B) occupational therapist certified under IC 25-23.5; or
            (C) speech-language pathologist licensed under IC 25-35.6;
        experienced in home health care.
        (7) One (1) citizen having knowledge of or experience in hospice care.
        (8) One (1) citizen having knowledge of or experience in home health agency care.
        (9) One (1) registered pharmacist who is licensed under

IC 25-26 with experience in hospice and palliative medicine.
        (10) One (1) respiratory care practitioner who is licensed under IC 25-34.5 and experienced in home care.
        (11) One (1) individual who is a bereavement counselor with experience in hospice care.
        (12) The commissioner or the commissioner's designee.
        (13) The secretary of family and social services or the secretary's designee.
    (c) The governor shall appoint the members of the council designated by subsection (b)(1) through (b)(11).
    (d) Except for the members of the council designated by subsection (b)(12) through (b)(13), all appointments are for four (4) years. If a vacancy occurs, the appointee serves for the remainder of the unexpired term. A vacancy shall be filled from the same group that was represented by the outgoing member.
    (e) Except for the members of the council designated by subsection (b)(3), a member of the council may not:
         (1) have a pecuniary an ownership interest in the operation of; or provide professional services through employment or under contract to
        (2) serve as a voting member on the governing body of;

a home health agency licensed under this article or a hospice licensed under IC 16-25.




President of the Senate



President Pro Tempore



Speaker of the House of Representatives

    Approved:






Governor of the State of Indiana


SEA 224

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