{"data":{"id":"us-in/ic-16-28-2-12","jurisdiction":"us-in","citation":"IC 16-28-2-12","heading":"Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation","body":"Sec. 12. (a) As used in this section, \"facility\" includes the following:\n(1) A health facility licensed under this article.\n(2) A residential care facility.\n(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:\n(1) End of life situations.\n(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.\n(3) A resident who is grieving the recent death of a family member or friend.\n(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.\n(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.\n(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.\n(7) A resident who is failing to thrive.\n(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.","path":["TITLE 16. HEALTH","ARTICLE 28. HEALTH FACILITIES","Chapter 2. Licensure of Health Facilities"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-28-2-12","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"3189b001d5fbac5db20ffbae816d2a5761f1491b2fe5087999a6be95fb27f422","source_id":"us-in","stale":false,"prev":"us-in/ic-16-28-2-11.3","next":"us-in/ic-16-28-2.5-1"},"notice":"GroundRules: Original legal text. Not legal advice."}