Introduced Version
HOUSE BILL No. 1185
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10-12.
Synopsis: Nursing facility screening and notification. Requires the
dissemination of specified information as part of: (1) a nursing facility's
notification to applicants; (2) the nursing facility preadmission
screening program; and (3) the hospital discharge process. Specifies
assessments to be completed during a nursing facility preadmission
screening.
Effective: July 1, 2011.
Crouch, Brown C
January 10, 2011, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1185
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-10-12-10; (11)IN1185.1.1. -->
SECTION 1. IC 12-10-12-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) The notification
required under section 8 of this chapter must notify the applicant of the
following:
(1) That the applicant is required under state law to apply to the
agency serving the county of the applicant's residence for
participation in a nursing facility preadmission screening
program.
(2) That the applicant's failure to participate in the nursing facility
preadmission screening program could result in the applicant's
ineligibility for Medicaid reimbursement for per diem in any
nursing facility for not more than one (1) year.
(3) That the nursing facility preadmission screening program
consists of an assessment of the applicant's need for care in a
nursing facility made by a team of individuals familiar with the
needs of individuals seeking admission to nursing facilities.
(4) The contact information for the agency that provides
services in the area in which the nursing facility is located.
(5) A list developed by the agency of all long term care options
that may be available to the individual.
(b) The notification must be signed by the applicant or the
applicant's parent or guardian if the applicant is not competent before
admission.
(c) If the applicant is admitted:
(1) the nursing facility shall retain one (1) signed copy of the
notification for one (1) year; and
(2) the nursing facility shall deliver one (1) signed copy to the
agency serving the county in which the applicant resides.
(d) A person who violates this section commits a Class A infraction.
SOURCE: IC 12-10-12-16; (11)IN1185.1.2. -->
SECTION 2. IC 12-10-12-16, AS AMENDED BY P.L.121-2008,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. (a) A screening team shall conduct a nursing
facility preadmission screening program for each individual within the
time permitted under this chapter. The program must consist of an
assessment of the following:
(1) The individual's medical needs.
(2) The availability of services, other than services provided in a
nursing facility, that are appropriate to the individual's
health and
social needs
to maintain the individual in the least restrictive
environment.
(3) The cost effectiveness of providing services appropriate to the
individual's needs that are provided outside of, rather than within,
a nursing facility.
(b) The assessment must be conducted in accordance with rules
adopted under IC 4-22-2 by the director of the division in cooperation
with the office.
(c) Communication among members of a screening team or between
a screening team and the division, the office, or the agency during the
prescreening process may be conducted by means including any of the
following:
(1) Standard mail.
(2) Express mail.
(3) Facsimile machine.
(4) Secured electronic communication.
(d) A representative:
(1) of the agency serving the area in which the individual's
residence is located; and
(2) who is familiar with personal care assessment;
shall explain and provide a written copy of the results of the
assessment to the individual or the individual's parent or guardian
if the individual is not competent, in the least time practicable after
the completion of the assessment.
(e) In the explanation required in subsection (d), the
representative shall include the services identified in subsection
(a)(2).
SOURCE: IC 12-10-12-28.5; (11)IN1185.1.3. -->
SECTION 3. IC 12-10-12-28.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 28.5. (a) Before
discharging a patient who will be participating in preadmission
screening under this chapter, a hospital licensed under IC 16-21 shall
give the patient a list of all long term care options that:
(1) may be available to the patient;
(2) are located within the hospital's service area; and
(3) are known to the hospital.
(b) The list described in subsection (a) must include:
(1) contact information for the agency that provides services
in the area in which the hospital is located; and
(2) a statement that a representative from the agency is
available to provide at no cost to the patient additional
information and counseling concerning long term care
options.