Indiana Nursing Home Regulations

The Indiana State Department of Health (ISDH) gives the responsibility for enforcing Indiana nursing home regulations to the Division of Long Term Care. Indiana has a wide variety of laws covering issues related to the initial licensing process and the renewal after an investigation. For consumers, making a decision to put a love one into a nursing care facility requires making a total assessment of the quality of the nursing home to ensure the best care for the family member. Understanding the applicable laws can help in the evaluation process.

Licensing

• Nursing homes, which are also called Comprehensive Care Facilities, must comply with specific guidelines to receive and maintain their license to operate. For example, a nursing home has to pass inspections as mandated by the health facilities council, including fire and safety and sanitation standards. The regulations require the facility to pass periodic inspections to remain licensed. An inspection must occur unannounced; and, the investigator must file a written report and a send copy to the health care facility.

  In addition, nursing home laws cover the education and credential requirements for administrators and certain employees. The admission procedures and the rights of the people admitted to these facilities also have regulatory guidelines facility administrators must adhere to for compliance.

Administrator Requirements

• Indiana laws mandate nursing home administrators to possess at least a bachelor's degree. An associate's degree from a long-term health care administration or an equivalent subjects matter will suffice. Individuals may also complete specialized programs, centered on long-term care administration. Administrators must pass national and state examinations and complete 40 hours of continuing education courses every two years.

Admission Rules

• The regulation requires nursing homes to inform all patients of their rights in a language the patient understands, whether written or verbal communication. The facility must also make clear its rules and policies concerning transfers and discharge. The patient is entitled to examine and understand agreements or other documents before executing. The law protects the rights of individuals to apply for Medicaid or Medicare to pay the cost of the facility and the nursing home must provide assistance in making the application.

  Furthermore, the nursing home may not request a security deposit from recipients of Medicare or Medicaid. In addition, the facility cannot force a co-signer to ensure they receive payment. The nursing home can, however, require a legal guardian or family member to guarantee the payment of expenses from income or other resources.

Residents' Rights

• Indiana laws states that residents have a right to respect and dignity regarding their independence and personal preferences. Nursing homes must treat all residents fairly and without discrimination. Residents have a right to expect quality health care services. A legal representative or family member may make decisions on the part of residents who do not have the capacity to act on their own behalf.