Authority: IC 16-19-3-4

Affected: IC 16-21-2-2

Sec. 4. (a) On determination by the commissioner that an applicant has complied with the licensing requirements for a REH under this article, the commissioner shall issue a license to operate an REH.

(b) A hospital license serves as the state license for the REH until the commissioner issues a license to operate as an REH. The effective date of the REH state license is the date CMS certifies the facility to be an REH. If an eligible facility is not licensed as a hospital at the time of applying to be an REH, a hospital license is not first required. A hospital license shall be revoked on the same date the REH state license becomes effective, if applicable.

(c) On determination by the commissioner that an applicant has failed to comply with this article, the commissioner may:

1. (1) request additional information concerning the application;
2. (2) conduct a further investigation to determine whether a provisional license may be granted; or
3. (3) deny the application.

(d) On determination by the commissioner that an applicant has complied with the provisional licensing requirements for an REH under this article, the commissioner may:

1. (1) provisionally approve the application for an REH; and
2. (2) issue a provisional license to operate an REH. The provisional license expires ninety (90) days after issue.

(e) After the REH opens and before the provisional license expires, the department shall conduct a licensing survey to ensure the REH is operating in compliance with this article.

(f) If the REH is found on the initial licensing survey to be in compliance with this article, the commissioner shall issue a full license to operate an REH.

(g) If the REH is not found to be in compliance with this article on the initial licensing survey, the commissioner may extend the provisional license for up to ninety (90) days. If the provisional license is extended, a revisit survey will be conducted or additional documentation requested, or both, before the end of the provisional period to ensure compliance with this article. If the REH is then found to be in compliance with this article, the commissioner shall issue a full license to operate an REH. If the REH is found to not be in compliance with this article after the extended provisional period, the commissioner may:

1. (1) request additional information concerning the application;
2. (2) conduct a further investigation to determine whether a provisional license may be granted; or
3. (3) deny the application.

(Indiana Department of Health; 410 IAC 15.2-2-4; filed Jan 8, 2025, 11:13 a.m.: 20250205-IR- 410240370FRA)