Section 16-28-2-12 - Visitation of a resident during a declared emergency; public health emergency, or crisis; burden of proof in denial of visitation(a) As used in this section, "facility" includes the following:(1) A health facility licensed under this article.(2) A residential care facility.(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:(1) End of life situations.(2) A recently admitted resident who is struggling to adapt to the facility and the lack of family support.(3) A resident who is grieving the recent death of a family member or friend.(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.(5) A resident who is experiencing emotional distress and is not talking or interacting with others as the resident previously had.(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.(7) A resident who is failing to thrive.(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.Added by P.L. 142-2021,SEC. 4, eff. 4/29/2021.