CHAPTER 34. HOME HEALTH CARE SERVICES; OFFICE OF MEDICAID POLICY AND PLANNING
IC 12-15-34
Chapter 34. Home Health Care Services; Office of Medicaid
Policy and Planning
IC 12-15-34-1
"Home health agency" defined
Sec. 1. As used in this chapter, "home health agency" means a
public or private organization, whether owned or operated by one (1)
or more persons, that furnishes or offers to furnish home health
services.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-2
"Home health services" defined
Sec. 2. (a) As used in this chapter, "home health services" means
any of the following items or services furnished to an individual by
a home health agency or by others under arrangements with a home
health agency on a visiting basis, and except as provided in
subsection (b), in a place of temporary or permanent residence used
as the individual's home:
(1) Part-time or intermittent nursing care provided by or under
the supervision of a registered professional nurse.
(2) Physical, occupational, or speech therapy or other
therapeutic services.
(3) Medical social services.
(4) Home health aid services.
(5) Medical supplies other than drugs and biologicals.
(6) The use of medical appliances.
(7) Homemaking services provided by the home health agency
to help the individual stay in the individual's own home.
(b) The term includes items and services of a kind described in
subsection (a)(1) through (a)(6) that:
(1) are provided on an outpatient basis under arrangements
made by a home health agency at a hospital, health facility, or
rehabilitation center; and
(2) either:
(A) involve the use of equipment of a nature that cannot
readily be made available to the individual in the individual's
home; or
(B) that are furnished at the hospital, health facility, or
rehabilitation center while the individual is there to receive
items or services.
(c) The term does not include transportation of the individual in
connection with receiving items or services described in subsection
(b)(1) and (b)(2).
As added by P.L.2-1992, SEC.9. Amended by P.L.2-1995, SEC.49.
IC 12-15-34-3
Items and services furnished either by home health agency or by
others under arrangements with home health agency; exception
Sec. 3. Home health services includes items and services
furnished to an individual by either of the following:
(1) A home health agency.
(2) Others under arrangements with a home health agency on a
visiting basis and, except for section 4(5) of this chapter, in a
place of temporary or permanent residence used as the
individual's home.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-4
Items and services included under IC 12-15-34-2 definition of home
health services
Sec. 4. The items and services under section 2 of this chapter
include the following:
(1) Part-time or intermittent nursing care provided by or under
the supervision of a registered professional nurse.
(2) Physical, occupational, or speech therapy or other
therapeutic services.
(3) Medical social services and home health aid services.
(4) Medical supplies other than drugs and biologicals and the
use of medical appliances.
(5) Any of the items and services under subdivisions (1), (2),
(3), and (4) that:
(A) are provided on an outpatient basis under arrangements
made by a home health agency at a hospital, health care
facility, or rehabilitation center; and
(B) involves the use of equipment of a nature that the items
and services cannot readily be made available to the
individual in the individual's home or that are furnished at
the facility while the individual is there to receive any item
or service, but not including transportation of the individual
in connection with the item or service.
(6) Homemaking services provided by the agency to help the
individual's stay in the individual's own home.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-5
Office and secretary; actions, directions, and rules; providing of
services and ensuring uniform equitable treatment of applicants
and recipients
Sec. 5. The office and the secretary shall:
(1) take action;
(2) give directions; and
(3) adopt rules under IC 4-22-2;
necessary to carry out this chapter and the federal Social Security
Act concerning the providing of services and to ensure uniform
equitable treatment of all applicants for and recipients of Medicaid
supportive services in the recipients' own homes.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-6
Contracts for services; authorization
Sec. 6. The office may contract with any of the following to
purchase the necessary services to implement this chapter:
(1) A state, public, or private agency.
(2) A business firm.
(3) A corporation.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-7
Contracts; maximum term
Sec. 7. A contract made with the following may be for a term not
to exceed three (3) years:
(1) A public or private agency.
(2) A business firm.
(3) A foundation.
(4) A corporation.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-8
Preparation of qualifications and specifications for bidders
Sec. 8. The office shall assist the Indiana department of
administration in the preparation of qualifications and specifications
for bidders contracting with the state to administer the fiscal
provisions of or to provide services under this chapter.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-9
Subcontracts; authorization; term
Sec. 9. A contractor with the state under this chapter may
subcontract a part of the contractor's prime contract. However, a
subcontract may not extend beyond the term of the prime contract.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-10
Subcontracts; approval
Sec. 10. A subcontract let by a prime contractor must be approved
by the office and the Indiana department of administration.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-11
Subcontracts; information furnished to office
Sec. 11. The contractor or the subcontractor shall furnish the
following information to the office:
(1) The amount of the subcontract.
(2) The qualifications of the subcontractor for guaranteeing
performance.
(3) Other data required by the state.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-12
Contract or subcontract; availability to legislative council
Sec. 12. Upon request, a contract or subcontract shall be made
available to the legislative council or the council's representative for
inspection and examination.
As added by P.L.2-1992, SEC.9.
IC 12-15-34-13
Plan for purchase of services under IC 4-23-17-9.3
Sec. 13. The office shall include in the division's state plan for the
purchase of services under IC 4-23-17-9.3 (repealed) a
comprehensive program for the provision of home health services to
an individual who is eligible for Medicaid.
As added by P.L.2-1992, SEC.9. Amended by P.L.1-2009, SEC.103.
IC 12-15-34-14
Utilization review procedures
Sec. 14. The office shall develop adequate utilization review
procedures for home health agencies to conform to federal
guidelines.
As added by P.L.2-1992, SEC.9.