Ind. Code § 12-10-13-1 Repealed
[Pre-1992 Revision Citation: 16-10-4.5-1.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.
Ind. Code ch. 12-10-13
Ind. Code ch. 12-10-13
in effectInd. Code § 12-10-13-2 Repealed
[Pre-1992 Revision Citation: 16-10-4.5-5.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.
Ind. Code § 12-10-13-3 Repealed
[Pre-1992 Revision Citation: 16-10-4.5-6.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.5; P.L.4-1993, SEC.39; P.L.5-1993, SEC.52. Repealed by P.L.168-2018, SEC.8.
Ind. Code § 12-10-13-3.2 Legal assistance developer
Sec. 3.2. As used in this chapter, "legal assistance developer" has the meaning set forth in 42 U.S.C. 3058j.
As added by P.L.168-2018, SEC.9.
Ind. Code § 12-10-13-3.3 Legal representative
Sec. 3.3. As used in this chapter, "legal representative" means:
(1) a guardian;
(2) a health care representative acting under IC 16-36-1 or IC 16-36-7;
(3) an attorney-in-fact for health care appointed under IC 30-5-5-16;
(4) an attorney-in-fact appointed under IC 30-5-5 who does not hold health care powers; or
(5) the personal representative of the estate;
of a resident of a long term care facility.
As added by P.L.139-1993, SEC.6. Amended by P.L.1-1994, SEC.54; P.L.168-2018, SEC.10; P.L.50-2021, SEC.2.
Ind. Code § 12-10-13-3.6 Long term care facility
Sec. 3.6. As used in this chapter, "long term care facility" means any of the following:
(1) A facility licensed under or subject to IC 16-28-2.
(2) An adult care home as a residential care facility.
(3) A facility certified as a Medicaid waiver facility for the aged and disabled population.
As added by P.L.139-1993, SEC.7. Amended by P.L.2-1995, SEC.47; P.L.168-2018, SEC.11.
Ind. Code § 12-10-13-4 Office
Sec. 4. As used in this chapter, "office" refers to the long term care ombudsman office established by this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the long term care ombudsmen office.
[Pre-1992 Revision Citation: 16-10-4.5-7.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.8.
Ind. Code § 12-10-13-4.5 Ombudsman
Sec. 4.5. As used in this chapter, "ombudsman" means an individual or entity designated by the state ombudsman to investigate and resolve local complaints and concerns regarding the health, safety, welfare, or rights of residents.
As added by P.L.139-1993, SEC.9. Amended by P.L.168-2018, SEC.12.
Ind. Code § 12-10-13-5 Repealed
[Pre-1992 Revision Citation: 16-10-4.5-8.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.
Ind. Code § 12-10-13-6 State ombudsman
Sec. 6. As used in this chapter, "state ombudsman" refers to the individual appointed by the secretary or the secretary's designee to run the state long term care ombudsman program and office under 42 U.S.C. 3001 et seq. and this chapter.
[Pre-1992 Revision Citation: 16-10-4.5-9.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.10; P.L.168-2018, SEC.13.
Ind. Code § 12-10-13-7 Establishment of office
Sec. 7. The division shall establish the long term care ombudsman office in compliance with 42 U.S.C. 3001 et seq.
[Pre-1992 Revision Citation: 16-10-4.5-10.]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.14.
Ind. Code § 12-10-13-8 Appointing of state long term care ombudsman
Sec. 8. Subject to sections 10 through 12 of this chapter, the secretary or the secretary's designee shall appoint the state long term care ombudsman to direct the office on a full-time basis.
[Pre-1992 Revision Citation: 16-10-4.5-11(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.11; P.L.35-2016, SEC.15.
Ind. Code § 12-10-13-9 Appointment of acting state ombudsman
Sec. 9. The secretary or the secretary's designee shall appoint an acting state ombudsman within thirty (30) days of a vacancy in the position of state ombudsman. The acting state ombudsman has the powers and duties of the state ombudsman.
[Pre-1992 Revision Citation: 16-10-4.5-11(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.35-2016, SEC.16.
Ind. Code § 12-10-13-10 Qualifications
Sec. 10. The state ombudsman must have familiarity with the following:
(1) Gerontology or long term care.
(2) The legal system.
(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
(4) Knowledge of Medicare and Medicaid funding of long term care.
[Pre-1992 Revision Citation: 16-10-4.5-11(c).]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.15.
Ind. Code § 12-10-13-11 Prohibition on previous employment of state ombudsman
Sec. 11. The state ombudsman may not have been employed by a long term care facility within one (1) year preceding the proposed appointment by the secretary or the secretary's designee.
[Pre-1992 Revision Citation: 16-10-4.5-11(d).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.12; P.L.35-2016, SEC.17; P.L.168-2018, SEC.16.
Ind. Code § 12-10-13-12 Eligibility; pecuniary interest prohibition
Sec. 12. The state ombudsman or a member of the state ombudsman's immediate family may not have had a pecuniary interest in a long term care facility within three (3) years preceding the director's proposed appointment.
[Pre-1992 Revision Citation: 16-10-4.5-11(e).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.13; P.L.168-2018, SEC.17.
Ind. Code § 12-10-13-13 Technical experts; staff
Sec. 13. The state ombudsman may employ technical experts and other employees to carry out the purposes of the office.
[Pre-1992 Revision Citation: 16-10-4.5-11(f).]
As added by P.L.2-1992, SEC.4.
Ind. Code § 12-10-13-14 Investigation and resolution of complaints and concerns
Sec. 14. The office shall receive, investigate, and attempt to resolve complaints and concerns that:
(1) are made by or on behalf of a patient, resident, or client of a long term care facility, except for an individual with a developmental disability who is receiving waiver services; and
(2) involve the health, safety, welfare, or rights of a resident.
[Pre-1992 Revision Citation: 16-10-4.5-12(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.14; P.L.272-1999, SEC.32; P.L.168-2018, SEC.18.
Ind. Code § 12-10-13-15 Disclosure of records with informed consent
Sec. 15. At the conclusion of an investigation of a complaint, the office may, with the informed consent of the resident or the resident's legal representative, disclose records, findings, and documentation of an investigated case maintained by the office to parties associated with a resident involved in the investigation.
[Pre-1992 Revision Citation: 16-10-4.5-12(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.19.
Ind. Code § 12-10-13-16 Repealed
[Pre-1992 Revision Citation: 16-10-4.5-12(c).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.15. Repealed by P.L.168-2018, SEC.20.
Ind. Code § 12-10-13-16.2 Ombudsman; access to persons, places, records, and other information
Sec. 16.2. In accordance with this chapter, an ombudsman must be provided access to the following:
(1) Long term care facilities and the residents of the long term care facilities.
(2) As provided in section 16.4 of this chapter, a resident's medical, financial, and social records.
(3) If the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, the name, address, and telephone number of the resident's legal representative.
As added by P.L.139-1993, SEC.16. Amended by P.L.168-2018, SEC.21.
Ind. Code § 12-10-13-16.4 Ombudsman; access to medical, financial, and social records of resident or client; consent
Sec. 16.4. (a) An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.
(b) Consent to have access to a resident's medical, financial, and social records shall be given in one (1) of the following forms:
(1) In writing by the resident.
(2) Orally by the resident.
(3) Through the use of auxiliary aids and services.
(4) In writing by the legal representative of the resident if:
(A) the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and
(B) the legal representative has the authority to give consent.
(5) Visually by the resident.
(c) If consent to have access to a resident's medical, financial, and social records cannot be obtained under subsection (b), an ombudsman may inspect the records of a resident if the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to a resident's medical, financial, and social records by the resident's legal representative;
(2) reasonable cause to believe that the resident's legal representative is not acting in the best interests of the resident; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the resident.
As added by P.L.139-1993, SEC.17. Amended by P.L.168-2018, SEC.22.
Ind. Code § 12-10-13-16.5 Access to records of a long term care facility
Sec. 16.5. An ombudsman shall be given appropriate access to the records of a long term care facility, including the following:
(1) Administrative policies.
(2) Licensing and certification records.
(3) Survey results.
As added by P.L.139-1993, SEC.18. Amended by P.L.168-2018, SEC.23.
Ind. Code § 12-10-13-16.6 Ombudsman; access to records of state or local government agency or entity
Sec. 16.6. A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by an ombudsman shall provide the ombudsman with access to the records.
As added by P.L.139-1993, SEC.19.
Ind. Code § 12-10-13-16.7 Immunity for the release or disclosure of records
Sec. 16.7. A long term care facility or an employee of a long term care facility is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to an ombudsman under this chapter.
As added by P.L.139-1993, SEC.20. Amended by P.L.168-2018, SEC.24.
Ind. Code § 12-10-13-16.8 Coordination among government agencies; toll free telephone number for reporting problems; nondisclosure of identity of complainant, resident, or client
Sec. 16.8. The office shall do the following:
(1) Promote effective coordination between the office and the following:
(A) Programs that provide legal services for the elderly.
(B) The adult protective services program.
(C) The attorney general's division of Medicaid fraud.
(D) The Indiana department of health.
(E) Indiana protection and advocacy services.
(F) The state's legal assistance developer.
(2) Establish a statewide toll free telephone line to receive reports of residents' complaints concerning long term care facilities.
(3) Ensure that the identity of a complainant or resident will not be disclosed without:
(A) the complainant's or resident's written consent; or
(B) a court order.
As added by P.L.139-1993, SEC.21. Amended by P.L.168-2018, SEC.25; P.L.56-2023, SEC.90.
Ind. Code § 12-10-13-17 Rules
Sec. 17. The secretary shall adopt rules under IC 4-22-2 necessary to carry out this chapter.
[Pre-1992 Revision Citation: 16-10-4.5-13.]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.86; P.L.139-1993, SEC.22; P.L.35-2016, SEC.18.
Ind. Code § 12-10-13-18 Civil immunity
Sec. 18. A representative of the office is not civilly liable for the good faith performance of official duties.
[Pre-1992 Revision Citation: 16-10-4.5-14.]
As added by P.L.2-1992, SEC.4.
Ind. Code § 12-10-13-19 Annual report; distribution
Sec. 19. (a) The office shall prepare a report each year on the operations of the office.
(b) A copy of the report shall be provided to the following:
(1) The governor.
(2) The general assembly. The report must be in an electronic format under IC 5-14-6.
(3) The division.
(4) The secretary.
(5) The Assistant Secretary for Aging of the Administration for Community Living.
(6) Each area agency on aging within Indiana.
(7) The Indiana department of health.
[Pre-1992 Revision Citation: 16-10-4.5-15.]
As added by P.L.2-1992, SEC.4. Amended by P.L.28-2004, SEC.93; P.L.168-2018, SEC.26; P.L.56-2023, SEC.91.
Ind. Code § 12-10-13-20 Violations
Sec. 20. A person who:
(1) intentionally prevents the work of the office;
(2) knowingly offers compensation to the office in an effort to affect the outcome of an investigation or a potential investigation; or
(3) retaliates against a resident, an employee, or another person who files a complaint or provides information to the office;
commits a Class B misdemeanor.
[Pre-1992 Revision Citation: 16-10-4.5-16.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.23; P.L.168-2018, SEC.27.
Ind. Code § 12-10-13-21 Independent legal counsel for state ombudsman
Sec. 21. The office shall make available independent legal counsel for the state ombudsman for the following:
(1) Representation of the state ombudsman against a lawsuit or other legal action that is brought or threatened to be brought against the state ombudsman in connection with the state ombudsman's performance of the state ombudsman's official duties of the state long term care ombudsman program.
(2) Advice and counsel for the state ombudsman in protecting a resident's rights.
(3) The drafting of rules, policies, and procedures for the operation of the state long term care ombudsman program.
(4) Advice concerning complaint resolution of complex cases.
As added by P.L.168-2018, SEC.28.
Ind. Code § 12-10-13-22 Addressing of grievances and complaints
Sec. 22. The office shall ensure that grievances and complaints are addressed concerning the following:
(1) Action taken or failure to take action on behalf of a resident.
(2) Designation or revocation of designation of local:
(A) host agencies; or
(B) representatives of the state long term care ombudsman program and office.
As added by P.L.168-2018, SEC.29.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026