Sec. 12. (a) As used in this section, "facility" includes the following: (1) A health facility licensed under this article. (2) A residential care facility. (b) During a declared emergency, public health emergency, or similar crisis, a facility shall allow, in accordance with guidelines from the Centers for Medicare and Medicaid Services, visitation of a resident by the resident's family member, legal representative, clergy, or essential family caregiver (as determined in IC 16-28-6.5 ), or an individual who can meet the resident's needs, regardless of visitation restrictions implemented by the facility, in compassionate care situations, including the following: (1) End of life situations. (2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support. (3) A resident who is grieving the recent death of a family member or friend. (4) A resident who is experiencing weight loss or dehydration and is in need of cuing and encouragement for eating or drinking that was previously provided to the resident by a family member or caregiver. (5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had. (6) A resident who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder, and is experiencing distress due to a lack of visitation. (7) A resident who is failing to thrive. (c) A facility has the burden of proof in justifying the facility's decision to deny visitation for a resident's family member, legal representative, or essential family caregiver in a compassionate care situation under this section. IC 16-28-2.5 Chapter 2.5. Licensure and Certification Limitations 16-28-2.5-1 Application 16-28-2.5-2 "Comprehensive care bed" 16-28-2.5-3 "Comprehensive care health facility" 16-28-2.5-4 "Replacement facility" 16-28-2.5-5 "Under development" 16-28-2.5-6 Approval by the state department; application 16-28-2.5-6.5 Exemptions from moratorium on new Medicaid certifications for comprehensive care health facilities 16-28-2.5-7 Small house health facilities; application; approval 16-28-2.5-8 Expiration
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