Enforcement publications; new version implementation procedure; plan review; voided rules

Sec. 12.5. (a) Except as provided in subsections (d) and (e), in regulating the licensure of hospitals and ambulatory outpatient surgical centers under this article, the state department shall use the following for purposes of enforcement: (1) The most recent published version of the Facility Guidelines Institute (FGI) planning codes, except to the extent the codes conflict with subdivision (2) or (3). (2) The National Fire Protection Association (NFPA) 101, Life Safety Code Handbook and Tentative Interim Amendments (TIAs), as adopted by the federal Centers for Medicare and Medicaid Services regulations, as part of the Conditions of Participation for Medicare and Medicaid. (3) The National Fire Protection Association (NFPA) 99, Health Care Facilities Code Handbook and Tentative Interim Amendments (TIAs), as adopted by the federal Centers for Medicare and Medicaid Services regulations, as part of the Conditions of Participation for Medicare and Medicaid. (b) The state department shall list the version of each publication described in subsection (a) being utilized by the state department on the state department's website. (c) The state department shall meet the following requirements when a new version of a publication described in subsection (a)(1) is published: (1) Not later than ninety (90) days from the publication of the new version, post a notice of the publication on the state department's website, stating the state department's intent to adopt the new version. (2) Set forth as part of the notice a date that is: (A) not earlier than two hundred seventy (270) days; and (B) not later than three hundred sixty (360) days; from the posting of the notice in which the state department may take action using the new version of the publication. (d) The following apply for a plan review submitted to the state department concerning the construction, renovation, or addition to a hospital or ambulatory outpatient surgical center: (1) For a plan review submitted before July 1, 2025, the state department shall utilize, for purposes of enforcement, the version of each publication described in subsection (a) that was in effect at the time the plan review was submitted. (2) For a plan review submitted on July 1, 2025, and thereafter, the state department shall utilize, for purposes of enforcement, the version of each publication that was in place on the date that the plan review was submitted and complying with the limitations set forth in subsection (c)(2). (e) The following are void: (1) 410 IAC 15-1.5-8(c)(1). (2) 410 IAC 15-1.5-8(c)(3). (3) 410 IAC 15-2.5-7(a)(4)(A). (4) 410 IAC 15-2.5-7(a)(4)(C). The publisher of the Indiana Code and Indiana Register shall remove these provisions from the Indiana Administrative Code.