(a) The Office of Long-Term Care may bring an action for a temporary restraining order, preliminary injunction, or permanent injunction against the licensee of a facility to enjoin one (1) or more of the following:
(1) Operation of:
- (A) An unlicensed facility;
- (B) A previously licensed facility which has had its license suspended or revoked; or
- (C) A licensed facility for which procedures for nonrenewal or revocation of the facility’s license has been initiated and an emergency exists;
- (2) Acts or omissions that constitute a continuing violation of this part; or
(3) Admission of new residents into a facility:
- (A) Which is operating without a license;
- (B) Which has had its license suspended or revoked;
- (C) Which is presently involved in proceedings for nonrenewal, suspension, or revocation of the license and an emergency exists; or
- (D) In which continued admissions into the facility will place the lives, health, safety, and welfare of the present and future residents in imminent danger.
(b) The office may relocate residents from a facility if any of the following conditions exists:
- (1) One (1) or more violations remain uncorrected after efforts seeking compliance have failed, and the violation significantly impairs the facility’s ability to provide an adequate level of services and assistance to its residents;
- (2) An emergency exists in the facility;
- (3) The licensee voluntarily closes the facility; or
(4) The facility requests the aid of the office in the removal of residents and the removal is made:
- (A) With consent of the residents;
- (B) For valid medical reasons; or
- (C) For the welfare of the resident or other residents.
(c)
(1) The office may suspend the admission of residents to a facility on the following grounds:
- (A) One (1) or more deficiencies that directly affect the health and safety of residents remain uncorrected after efforts seeking compliance have failed and the effect of the violation or violations is to impair significantly the facility’s ability to provide an adequate level of services or assistance to its residents; or
- (B) An emergency exists in the facility.
- (2) Before new admissions are suspended, the licensee shall receive prompt notice of the office’s decision.
(3) The suspension shall terminate upon:
- (A) The office’s determination that the facility is in substantial compliance; or
- (B) Successful appeal of the suspension by the licensee.