Indiana · Snapshot 2026

IC 16-27-2-3: Operation of home health agency or personal services agency; prohibition; criminal conviction

Sec. 3. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:
(1) A sex crime (IC 35-42-4).
(2) Exploitation of an endangered adult (IC 35-46-1-12).
(3) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).
(4) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5) years;
before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.
(5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(6) Fraud (IC 35-43-5-4), if the conviction is a:
(A) felony conviction that occurred less than ten (10) years; or
(B) misdemeanor conviction that occurred less than five (5) years;
before the person's employment application date.
(7) Murder (IC 35-42-1-1).
(8) Voluntary manslaughter (IC 35-42-1-3).
(9) Except as provided in this section, a crime of violence (as defined in IC 35-31.5-2-79), if the person's conviction occurred less than ten (10) years before the person's employment application date.
(10) Felony battery within the previous five (5) years.
(11) A felony offense relating to controlled substances within the previous five (5) years.
(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.
(c) A person who:
(1) was operating a home health agency or a personal services agency before July 1, 2025; and
(2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B);
may continue to operate the home health agency or personal services agency.

Where this section sits in the code

TITLE 16. HEALTH
ARTICLE 27. HOME HEALTH AGENCIES
Chapter 2. Criminal History of Home Health Care Operators and Workers

Sec. 3. (a) Except as provided in subsection (c), a person may not operate a home health agency or a personal services agency if the person has been convicted of any of the following:

(1) A sex crime (IC 35-42-4).

(2) Exploitation of an endangered adult (IC 35-46-1-12).

(3) Failure to report battery, neglect, or exploitation of an endangered adult (IC 35-46-1-13).

(4) Theft, conversion, or receiving stolen property (IC 35-43-4), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years; or

(B) misdemeanor conviction that occurred less than five (5) years;

before the date of submission by the person of an application for licensure as a home health agency under IC 16-27-1 or as a personal services agency under IC 16-27-4.

(5) Identity deception (IC 35-43-5-3.5), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years; or

(B) misdemeanor conviction that occurred less than five (5) years;

before the person's employment application date.

(6) Fraud (IC 35-43-5-4), if the conviction is a:

(A) felony conviction that occurred less than ten (10) years; or

(B) misdemeanor conviction that occurred less than five (5) years;

before the person's employment application date.

(7) Murder (IC 35-42-1-1).

(8) Voluntary manslaughter (IC 35-42-1-3).

(9) Except as provided in this section, a crime of violence (as defined in IC 35-31.5-2-79), if the person's conviction occurred less than ten (10) years before the person's employment application date.

(10) Felony battery within the previous five (5) years.

(11) A felony offense relating to controlled substances within the previous five (5) years.

(b) A person who knowingly or intentionally violates this section commits a Class A misdemeanor.

(1) was operating a home health agency or a personal services agency before July 1, 2025; and

(2) has a misdemeanor conviction under subsection (a)(4)(B) or (a)(5)(B);

may continue to operate the home health agency or personal services agency.

Collected 2026-09-11T20:02:18Z. Source file · JSON

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