A new Indiana law imposes several written disclosure requirements that health facilities must provide to prospective residents. This new Indiana law (“Indiana Memory Care Law”) also includes requirements to follow when developing and executing a resident care plan.
The Indiana Memory Care Law requires an Indiana housing with services establishment that offers memory care services to register with the Indiana Division of Aging, which is part of Indiana’s Family and Social Services Administration. The law also establishes standards for housing with services establishment that offers memory care services. In general, “housing with services establishment” houses five or more residents and provides at least one health-related service and at least two supportive services.
New Memory Care Services Standards
The Indiana Memory Care law defines “memory care services” as: “care provided to a person diagnosed with Alzheimer’s disease, a related disorder, or dementia who resides in a health facility or a housing with services establishment that locks, secures, segregates, or provides a special program or special unit for residents with Alzheimer’s disease, related disorders, or dementia.”
New Memory Care Services Standards
The Indiana Memory Care Law requires that a housing with services establishment that offers memory care services must meet the following standards:
- Memory care services must be tailored to the resident and consistent with current evidence-based dementia care practices.
- The housing with services establishment must develop and implement policies and procedures to address residents who are at risk of elopement from the housing with services establishment.
- The housing with services establishment must use appropriate safety devices to protect residents who are at risk of leaving the premises.
- The housing with services establishment must retain records of the memory care service residents, including a current picture of the resident, in accordance with applicable laws.
- The housing with services establishment must have written policies for memory care residents concerning:
- admission criteria;
- assessment and service planning;
- staffing, including special training for the memory service facility’s employees;
- description of physical environment, including safety and security features;
- discharge criteria and procedures; and
- procedures for emergency situations.
Registration Required
A housing with services establishment that offers memory care services must register with the Indiana Division of Aging.
Enforcement and Surveys Possible
As for enforcement, the Indiana Memory Care Law states that the Indiana Department of Health (“IDOH”) may survey housing with services establishments, but it does not require IDOH to perform any surveys.
Fines Possible
The Indiana Memory Care Law allows IDOH to impose up to a $10,000.00 fine for violations.
Effective Date
The new Indiana law becomes effective July 1, 2023.
Practical Takeaways
- All Indiana assisted living facilities should review and update their written policies and procedures regarding admission criteria and the other required elements under the Indiana Memory Care Law.
- All Indiana assisted living facilities should review and update their record and documentation practices and procedures for their memory care services, including making sure they have a current photo of each resident.
- All Indiana assisted living facilities should review and update safety devices to ensure compliance with the Indiana Memory Care Law.
Should you have any questions about this topic or how to update your policies and procedures or would like a set of policies and procedures, please contact:
- Sean Fahey at sfahey@hallrender.com or (317) 977-1472;
- Brian Jent at bjent@hallrender.com or (317) 977-1402;
- Todd Selby at tselby@hallrender.com or (317) 977-1440; or
- Your regular Hall Render attorney.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot give legal advice outside of an attorney-client relationship.
