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Indiana Code Title 16. Health § 16-27-2-3

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 3. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:

(1) A sex crime (IC 35-42-4).

(2) Exploitation of an endangered adult (IC 35-46-1-12).

(3) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).

(4) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years;  or

(B) misdemeanor conviction that occurred less than five (5) years;

before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.

(5) Identity deception (IC 35-43-5-3.5), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years;  or

(B) misdemeanor conviction that occurred less than five (5) years;

before the person's employment application date.

(6) Fraud (IC 35-43-5-4), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years;  or

(B) misdemeanor conviction that occurred less than five (5) years;

before the person's employment application date.

(7) Murder (IC 35-42-1-1).

(8) Voluntary manslaughter (IC 35-42-1-3).

(9) Except as provided in this section, a crime of violence (as defined in IC 35-50-1-2), if the person's conviction occurred less than ten (10) years before the person's employment application date.

(10) Felony battery within the previous five (5) years.

(11) A felony offense relating to controlled substances within the previous five (5) years.

(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.

(c) A person who:

(1) was operating a home health agency or a personal services agency before July 1, 2025;  and

(2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B);

may continue to operate the home health agency or personal services agency.

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Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-27-2-3 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-27-2-3/

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