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Indiana law currently provides for fairly broad immunity to licensed heath care professionals and facilities providing health care services by a licensed health care professional. Indiana Code 34-30-13.5 is the statute that is referenced by the Indiana State Department of Health in this guidance that the department issued over the weekend.
The guidance discusses applicability of the Indiana law to heath care providers, regardless of employment status and therefore health care providers that volunteer are covered by the immunity statute. The guidance also discusses providers that obtained a license during the public health emergency pursuant to Governor Holcomb’s Executive Order 20-13. The guidance also addresses facilities and that immunity applies to any facility that providers health care services by a licensed health care professional under Indiana law or laws of another state when in response to the public health emergency.
IHCA/INCAL continues to examine this immunity statute and related statutes and will update members as more information becomes available.
AHCA has updated the cohorting consideration guide based on new CMS guidance from April 2nd. As recommended by CMS facilities have begun cohorting residents in to isolation units to control spread of COVID-19. If possible, nursing homes and assisted living communities should also begin preparing wings, units or floors as “isolation units”. Isolation unit should be a separate, well-ventilated area, ideally with a separate entrance.
ISDH COVID-19 Emergency Orders and Waivers for Comprehensive Care Facilities and Residential Care Facilities Issued to Date
For a consolidated summary on the current ISDH Waivers and Emergency Orders issued to date, please review the chart for comprehensive care facilities and the chart for residential care facilities. Both documents are in chronological order. If you have any questions or ideas for additional waivers please reach out to Zach Cattell (email@example.com), Laura Brown (firstname.lastname@example.org), or Lori Davenport (email@example.com).
COVID-19 Temporary Health Care Provider Registry
In response to Executive Order 20-13, which expanded those who are able to provide health care services in Indiana in response to the public health emergency, the Indiana Public Licensing Agency (“IPLA”) has created a registry for individuals who do not hold a valid license to practice in Indiana but can be mobilized to help fight COVID-19 through temporary permits to practice. The registry is open to out-of-state health care providers, retired health care professionals, and recent graduates of accredited medical, nursing, physician assistant, and respiratory care programs.
An individual who utilizes the registry may obtain temporary authorization to provide health care services in Indiana for an initial period of 90 days, which may then be renewed for 30-day increments. Once the public health emergency expires or is otherwise withdrawn, the temporary licenses issued will expire.