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Indiana Code Title 16. Health § 16-28-2-12

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

Sec. 12. (a) As used in this section, “facility” includes the following:

(1) A health facility licensed under this article.

(2) A residential care facility.

(b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following:

(1) End of life situations.

(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.

(3) A resident who is grieving the recent death of a family member or friend.

(4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver.

(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.

(6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation.

(7) A resident who is failing to thrive.

(c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section.

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Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-28-2-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-28-2-12/

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