Indiana

Indiana

Indiana requires CONs within two broad categories—beds outside hospitals and facilities. The program regulates only nursing homes. It also has the distinction of being the newest in the country. In fact, Indiana only began accepting applications on July 1, 2019. See Ind. Code § 16-29-7-13(a). Indiana is the only state in the nation to have only a single application cycle per year. The statute begins by listing exceptions and never explicitly lists the facilities for which CONs are required, leaving readers to infer that the defined facilities require CONs.

COVID-19 Response

On March 19, 2020, Governor Holcomb authorized the Commissioner of the Indiana Department of Health to “waive requirements of the nursing home certificate of need statute” as necessary to respond to COVID-19. Exec. Order 20-05 at 3 (Mar. 19, 2020). As of May 15, 2020, however, Commissioner Box had not responded to the Executive Order or otherwise exercised her authority to waive CON requirements.

Application Process

In Indiana, the CON application process takes about nine months. See Ind. Code § 16-29-7-13(e). Applications can only be submitted once annually through July 31. Ind. Code § 16-29-7-13(b). The fee for a CON application is $5,000. Ind. Code §§ 16-29- 7-19(a); 4-22-2.36 Competitors cannot intervene directly in the application process but they may submit public comments. See Ind. Code § 16-29-7-13(d).

CON? Number of CONs Moratoria Temporary COVID-19 response:
Hospital Beds No – – –
Beds Outside Hospitals Yes 2 – No action
Equipment No – – –
Facilities/ Buildings Yes 2 – No action
Services No – – –
Emergency Medical Transport No – – –

Note: these citations are accurate as of May 2020.

Indiana only began accepting applications on July 1, 2019.

Indiana CONs in Detail 

Category

Types of CONs

Ind. Code

Hospital Beds

No CONs in this category.

Beds Outside Hospitals

1.A bed in a comprehensive care health facility (nursing home) that is licensed or is to be licensed under Ind. Code § 16-28-2.

§§ 16-29-7-1(a)(1)(A),

16-29-7-2(a)(1)

2.A bed in a comprehensive care health facility (nursing home) that functions as a bed licensed under Ind. Code § 16-28-2.

§ 16-29-7-2(a)(2)

Equipment

No CONs in this category.

Facilities/Buildings

1.Construction of a new nursing home.

2.Modification or alteration of an existing nursing home.

§§ 16-29-7-1(a)(2),

16-29-7-3(1)–(7)

Services

No CONs in this category.

Emergency Medical Transport

No CONs in this category.

Indiana CON Exceptions

No CON Required For:

Ind. Code

1.A replacement facility in the same county as the original facility.

§ 16-29-7-1(a)(1)

2.A facility creating a new addition or altering the structure of the existing facility.

§ 16-29-7-1(2)(A)-(B)

3.Transferring beds to another facility in the same county.

§ 16-29-7-1(3)

4.A care bed that is: owned by a religious organization or a nonprofit owned by a religious organization. or sponsored by a fraternal organization.

§ 16-29-7-1(4)

5.A care bed that is sponsored by a fraternal organization.

§ 16-29-7-1(5)

6.Small house facility with no more than 50 beds.

§ 16-29-7-1(6)

7.A continuing care retirement community that needs additional comprehensive care beds for purposes of fulfilling a continuing care contract.

§ 16-29-7-1(7)(c)

Explore State Profiles