410 IAC 16.2-5-0.5; 410 IAC 16.2-5-4

(1) room;

(2) meals;

(3) laundry;

(4) activities;

(5) housekeeping; and

(6) limited assistance in activities of daily living;

without providing administration of medication or residential nursing care is not required to be licensed. The provision by a licensed home health agency of medication administration or residential nursing care in a facility which that provides room, meals, a laundry, activities, housekeeping, and limited assistance in activities of daily living does not require the facility to be licensed, regardless of whether the facility and the home health agency have common ownership, provided, however, that the resident is given the opportunity to contract with other home health agencies at any time during the resident's stay at the facility.

(1) resident, the resident's physician, and the residential care facility agree in writing to the resident's continued stay in the residential care facility;

(2) residential care facility agrees in writing to provide the necessary comprehensive care to the resident; and

(3) health facility provides comprehensive and residential care.

(1) is a danger to the resident or others;

(2) requires twenty-four (24) hour per day comprehensive nursing care or comprehensive nursing oversight;

(3) requires less than twenty-four (24) hour per day comprehensive nursing care, comprehensive nursing oversight, or rehabilitative therapies and has not entered into a contract with an appropriately licensed provider of the resident's choice to provide those services;

(4) is not medically stable; or

(5) meets at least two (2) of the following three (3) criteria unless the resident is medically stable and the health facility can meet the resident's needs:

(1) subsection (a) or (b) is an offense; and

(2) subsection (c), (d), (e), or (f) (g) is a deficiency.

(1) delineated in the facility policy manual; and

(2) clearly stated in the admission agreement.

(1) Medication shall be administered by licensed nursing personnel or qualified medication aides.

(2) The resident shall be observed for effects of medications. Documentation of any undesirable effects shall be contained in the clinical record. The physician shall be notified immediately if undesirable effects occur, and such notification shall be documented in the clinical record.

(3) The individual administering the medication shall document the administration in the individual's medication and treatment records that indicate the:

(4) Preparation of doses for more than one (1) scheduled administration is not permitted, unless licensed nursing personnel of the facility are preparing medication dispenser/organizers for residents who self-medicate.

(5) Injectable medications shall be given only by licensed personnel.

(6) PRN medications may be administered by a qualified medication aide (QMA) only upon authorization by a licensed nurse or physician. The QMA must receive appropriate authorization for each administration of a PRN medication. All contacts with a nurse or physician not on the premises for authorization to administer PRNs shall be documented in the nursing notes indicating the time and date of the contact.

(7) Any error in medication administration shall be noted in the resident's record. The physician shall be notified of any error in medication administration when there are any actual or potential detrimental effects to the resident.

(1) subsection (e)(1), (e)(2), (e), (f)(1), (f)(2), or (e)(5) (f)(5) is an offense;

(2) subsection (a), (d), (e)(3), (e)(6), (e)(7), (f)(3), (f)(6), (f)(7), or (f) (g) is a deficiency;

(3) subsection (e)(4) (f)(4) is a noncompliance; and

(4) subsection (c) is a nonconformance.