The Indiana Department of Health (IDOH) serves as the state licensing and federal certification survey agency for health care facilities and home health agencies. Upon completion of a survey, the IDOH issues a survey report detailing survey findings (deficiencies). Pursuant to federal regulations, a health care facility and home health agency is offered the opportunity for an informal dispute resolution (IDR) to refute the findings of a survey conducted by the IDOH. The IDOH Consumer Services & Health Care Regulation Commission IDR Program is responsible for overseeing and conducting all IDR and independent informal dispute resolution (IIDR) processes.
Comprehensive Care Facility (Nursing Home) Informal Dispute Resolution
The informal dispute resolution process is available to nursing facilities for federal regulation deficiencies cited at Title 42, Chapter IV, Subsection G, Part 483 of the Code of Federal Regulations (CFR) and for state rule deficiencies cited at Title 410 of the Indiana Administrative Code (IAC), Section 16.2-3. Pursuant to the Patient Protection and Affordable Care Act (2010), a nursing home may request an independent informal dispute resolution (IIDR) if the Centers for Medicare and Medicaid Services (CMS) imposes a civil money penalty against the facility and the civil money penalty amounts are subject to being collected and placed in an escrow account.
Residential Care Facility Informal Dispute Resolution
The informal dispute resolution process is available to facilities for state rule citations cited at 410 IAC 16.2-5. The state rule citations do not qualify for independent informal dispute resolution.
Home Health Agency Informal Dispute Resolution
The informal dispute resolution process is available to Home Health Agencies for condition-level federal regulation deficiencies cited at the at Title 42, Chapter IV, Subchapter G, Part 484, of the CFR and for state rule deficiencies cited at Title 410 IAC 17.1-16. Neither federal nor state rule citations qualify for an independent informal dispute resolution.
Hospice Program Informal Dispute Resolution
The informal dispute resolution process is available to Hospice programs for condition-level federal regulation deficiencies cited at the at Title 42, Chapter IV, Subchapter B, Part 418, of the CFR and for state rule deficiencies cited at Title 410 IAC 17.1-8. Neither federal nor state rule citations qualify for an independent informal dispute resolution.
Contact the Program
| Indiana Department of Health 2 North Meridian Street, 4B Indianapolis, IN 46204 | Director of Informal Dispute Resolution Program Linda Kay, RN Lkay@health.in.gov |
|
IDOH Main Switchboard: 317-233-1325 Fax: 317-233-7154 |
317-233-5568 IDR Administrative Assistant: Lisa Hensley; 317-233-8761; lhensley@health.in.gov |
Program Policies and Advisories
- IDOH 2011-03-LTC Informal Dispute Resolution Policy for Long Term Care Facilities
- IDOH 2022-01-HCBC Informal Dispute Resolution for Home Health Agencies
- IDOH 2024-01-HCBC Informal Dispute Resolution for Hospice Programs
- IDOH 2011-03-B-LTC Independent Informal Dispute Resolution Timeline
- IDOH 2011-03-C-LTC Informal Dispute Resolution Timeline
Instructions for Requesting Informal Dispute Resolution​
Instructions for Requesting Independent Informal Dispute Resolution
Federal Laws and Regulations
Centers for Medicare and Medicaid Services (CMS)
- Patient Protection and Affordable Care Act (2010) Section 6111
- CMS State Operations Manual Chapter 7 7212, 7213
- CMS State Operations Manual Chapter 10 10009
Code of Federal Regulations (CFR)
Federal Policies and Guidance
- CMS S&C 12-08-NH Federal Requirements for Independent Informal Dispute Resolution Process for Nursing Homes [December 2, 2011]
- CMS S&C 13-57-NH Escrow and Independent Informal Dispute Resolution (Independent IDR) Process for Nursing Homes – Applicable to All Civil Money Penalties (CMPs)