reglab/housing_qa huggingface dataset:
IN Code § 12-10-19-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10. Aging Services|Chapter 19. Home and Community Based Services|12-10-19-1. Report; Consultation With Stakeholders

Sec. 1. (a) Before October 1, 2017, the division shall report to the general assembly in an electronic format under IC 5-14-6 a plan to expand the scope and availability of home and community based services for individuals who are aged and disabled. The report must include the following:(1) Evaluation of the current system of services to determine which services provide the most appropriate use of resources.(2) Study of the eligibility assessment process, including the function and financial assessment process, for home and community based services to determine how to streamline the process to allow access to services in a time frame similar to that of institutional care.(3) Options for individuals to receive services and supports appropriate to meet the individual's needs in a cost effective and high quality manner that focuses on social and health outcomes.(4) Evaluation of the adequacy of reimbursement rates to attract and retain a sufficient number of providers, including a plan to regularly and periodically increase reimbursement rates to address increased costs of providing services.(5) Migration of individuals from the aged and disabled Medicaid waiver to amended Medicaid waivers, new Medicaid waivers, the state Medicaid plan, or other programs that offer home and community based services.(b) In preparing the report, the division shall consult with home and community based stakeholders, including:(1) consumers;(2) organizations representing consumers; and(3) experts in the field;of home and community based services to provide insight concerning the needs of Indiana residents seeking services and supports to allow the individuals to remain at home and in the individuals' communities.As added by P.L.224-2017, SEC.2.
IN Code § 12-10-19-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10. Aging Services|Chapter 19. Home and Community Based Services|12-10-19-2. Implementation of Plan

Sec. 2. The division shall, in consultation with the office, take any action necessary to implement the plan under section 1 of this chapter, including applying to the United States Department of Health and Human Services for approval to amend the aged and disabled Medicaid waiver, implement a new Medicaid waiver, or amend the state Medicaid plan.As added by P.L.224-2017, SEC.2.
IN Code § 12-10-19-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10. Aging Services|Chapter 19. Home and Community Based Services|12-10-19-3. Rules

Sec. 3. (a) The division may adopt rules under IC 4-22-2 necessary to implement the plan and this chapter.(b) Notwithstanding any other rule adopted by the division, a person who has completed an expanded criminal history check (as defined by IC 20-26-2-1.5) satisfies the criminal history check requirements required by the division under this chapter. However, a person's expanded criminal history check may not include:(1) a person's information when the person was less than eighteen (18) years of age; or(2) information that is restricted by a state where the person previously resided.As added by P.L.224-2017, SEC.2. Amended by P.L.133-2018, SEC.2.
IN Code § 12-10.5-1-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-1. "Caretaker"

Sec. 1. As used in this chapter, "caretaker" means an individual who:(1) provides ongoing care for an individual who:(A) is at least eighteen (18) years of age; and(B) has special needs; and(2) does not receive money for the care provided under subdivision (1).As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-2. "Special Needs"

Sec. 2. As used in this chapter, "special needs" means any of the following:(1) Alzheimer's disease or any related disorder.(2) Inability to perform at least two (2) activities of daily living.(3) Any other condition that the division determines by rule should be covered by this article.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-3. Establishment of Program

Sec. 3. The caretaker support program is established.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-4. Administration of Program; Adoption of Rules

Sec. 4. (a) The division of aging established by IC 12-9.1-1-1 shall administer the caretaker support program established under this chapter.(b) The division of aging shall do the following:(1) Subject to section 9 of this chapter, adopt rules under IC 4-22-2 for the coordination and administration of the caretaker support program.(2) Administer any money for the caretaker support program that is appropriated by the general assembly.As added by P.L.274-2003, SEC.6. Amended by P.L.37-2005, SEC.1; P.L.141-2006, SEC.45.
IN Code § 12-10.5-1-5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-5. Eligibility for Program

Sec. 5. An individual who is at least sixty-five (65) years of age and:(1) a caretaker; or(2) an individual with special needs being taken care of by a caretaker;is eligible for the caretaker support program.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-6 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-6. Included Services

Sec. 6. Caretaker support program services include the following services administered by the area agencies on aging:(1) Information for caretakers about available services.(2) Assistance to caretakers in gaining access to the services.(3) Individual counseling, organization of support groups, and caretaker training to assist caretakers in making decisions and solving problems in the individual's role as caretaker.(4) Respite care to offer caretakers temporary relief from caretaker responsibilities.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-7 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-7. Development of Client Cost Share Formula

Sec. 7. The division shall develop and implement a client cost share formula for respite care services.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-8 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-8. Use of Volunteers

Sec. 8. When possible, the division shall make use of volunteers and volunteer groups, including faith based groups, when executing its duties under this article.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-1-9 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 1. Caretaker Support Program|12-10.5-1-9. Rule Adoption; Consultation With Interested Parties; Requirements for Rules; Publication of Comments Received

Sec. 9. (a) Before finally adopting a rule under IC 4-22-2 to implement this chapter, the division shall consult with and fully consider any comments submitted by:(1) caretakers providing care for a special needs individual under this chapter;(2) individuals with special needs receiving care from a caretaker under this chapter;(3) area agencies on aging;(4) consumers and providers of home and community based services under IC 12-10-10 and IC 12-10-11.5; and(5) any other agency, volunteer group, faith based group, or individual that the division considers appropriate;to ensure that the rule complies with the requirements set forth in subsection (b).(b) Rules adopted under this chapter must:(1) include protections for the rights, safety, and welfare of individuals with special needs receiving care from a caretaker under this chapter, including reasonable monitoring and reporting requirements;(2) serve distinct populations, including:(A) the aged;(B) persons with developmental disabilities; and(C) persons with physical disabilities;in a manner that recognizes, and appropriately responds to, the particular needs of the population;(3) not create barriers to the availability of home and community based services under IC 12-10-10 and IC 12-10-11.5 by imposing costly or unduly burdensome requirements on caretakers or other service providers, including:(A) requirements for proof of financial responsibility; and(B) monitoring, enforcement, reporting, or other administrative requirements; and(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this chapter.(c) Before submitting a rule adopted under this chapter to the attorney general for final approval under IC 4-22-2-31, the division shall submit to the publisher (as defined in IC 4-22-2-3(f)) for publication in the Indiana Register the division's written response under IC 4-22-2-23 to any comments received from the parties described in subsection (a). Submissions to the publisher shall be made in the electronic format specified by the publisher.As added by P.L.37-2005, SEC.2. Amended by P.L.123-2006, SEC.26.
IN Code § 12-10.5-2-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 2. Continuum of Care|12-10.5-2-1. Provision of Standards of and Promotion of Best Practices for Program

Sec. 1. The division shall:(1) provide standards for the training of; and(2) promote best practices for;continuum of care program providers.As added by P.L.274-2003, SEC.6.
IN Code § 12-10.5-2-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 2. Continuum of Care|12-10.5-2-2. Rules

Sec. 2. Subject to section 3 of this chapter, the division may adopt rules under IC 4-22-2 necessary to carry out this chapter.As added by P.L.274-2003, SEC.6. Amended by P.L.37-2005, SEC.3.
IN Code § 12-10.5-2-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 2. Continuum of Care|12-10.5-2-3. Rule Adoption; Consultation With Interested Parties; Requirements for Rules; Publication of Comments Received

Sec. 3. (a) Before finally adopting a rule under IC 4-22-2 to implement this chapter, the division shall consult with and fully consider any comments submitted by:(1) continuum of care providers providing care under this chapter;(2) individuals receiving care under this chapter;(3) area agencies on aging;(4) consumers and providers of home and community based services under IC 12-10-10 and IC 12-10-11.5; and(5) any other agency, volunteer group, faith based group, or individual that the division considers appropriate;to ensure that the rule complies with the requirements set forth in subsection (b).(b) Rules adopted under this chapter must:(1) include protections for the rights, safety, and welfare of individuals receiving care under this chapter;(2) serve distinct populations, including:(A) the aged;(B) persons with developmental disabilities; and(C) persons with physical disabilities;in a manner that recognizes, and appropriately responds to, the particular needs of the population;(3) not create barriers to the availability of home and community based services under IC 12-10-10 and IC 12-10-11.5 by imposing costly or unduly burdensome requirements on continuum of care providers or other service providers, including:(A) requirements for proof of financial responsibility; and(B) monitoring, enforcement, reporting, or other administrative requirements; and(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this chapter.(c) Before submitting a rule adopted under this chapter to the attorney general for final approval under IC 4-22-2-31, the division shall submit to the publisher (as defined in IC 4-22-2-3(f)) for publication in the Indiana Register the division's written response under IC 4-22-2-23 to any comments received from the parties described in subsection (a). Submissions to the publisher shall be made in the electronic format specified by the publisher.As added by P.L.37-2005, SEC.4. Amended by P.L.123-2006, SEC.27.
IN Code § 12-10.5-2-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 10.5. Respite Care Services|Chapter 2. Continuum of Care|12-10.5-2-4. Continuum of Care

Sec. 4. The continuum of care provided under this article must include services that support prevention and treatment of mental illness and addiction.As added by P.L.143-2011, SEC.13.
IN Code § 12-11-1.1-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-2. Medicaid Funding; Payment for Services

Sec. 2. (a) Except as specified by the terms of the Medicaid program:(1) an individual who receives services under this chapter; and(2) the parents of the individual, if the individual is less than eighteen (18) years of age;are liable for the cost of services and supports.(b) The bureau shall make every effort to assure that individualized service plans developed for individuals with a developmental disability maximize the amount of Medicaid funding available to meet the needs of the individual.(c) The bureau may provide reimbursement for services identified in an individual's individual service plan that are not eligible for Medicaid reimbursement and for which the individual does not have the resources to pay.As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007, SEC.71.
IN Code § 12-11-1.1-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-3. Contracts to Provide Services

Sec. 3. The division may contract with:(1) community intellectual disability and other developmental disabilities centers;(2) corporations; or(3) individuals;that are approved by the division to provide the services described in this chapter.As added by P.L.272-1999, SEC.33. Amended by P.L.117-2015, SEC.19.
IN Code § 12-11-1.1-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-4. Continuing Eligibility for Medicaid

Sec. 4. An individual with a developmental disability who is eligible for Medicaid remains eligible for Medicaid if transferred to community based services described in section 1(e) of this chapter.As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007, SEC.72.
IN Code § 12-11-1.1-5 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-5. Continuing Approved Placement of Individuals in Certain Facilities

Sec. 5. The bureau may continue the approved placement of an individual with a developmental disability in a child caring institution licensed under IC 31-27, a county home regulated by IC 12-30-3, or a health facility licensed under IC 16-28 if:(1) the individual was placed in the institution, home, or facility before July 1, 1985; and(2) the placement continues to be appropriate for the individual, as determined by the bureau.As added by P.L.272-1999, SEC.33. Amended by P.L.145-2006, SEC.70; P.L.99-2007, SEC.73.
IN Code § 12-11-1.1-6 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-6. Individuals With Autism Not Excluded

Sec. 6. An individual who has been diagnosed to have autism may not be excluded from services for individuals with a developmental disability because the individual has autism.As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007, SEC.74.
IN Code § 12-11-1.1-7 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-7. Community Residential Facilities Operated by Division

Sec. 7. Subject to the availability of money, the division may operate community residential facilities for individuals with a developmental disability who are hard to place, if private providers cannot be found to operate facilities for those individuals. Placement of individuals in these facilities is governed by IC 12-11-2.1.As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007, SEC.75.
IN Code § 12-11-1.1-9 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-9. Rules

Sec. 9. The secretary may adopt rules under IC 4-22-2 to carry out this chapter.As added by P.L.272-1999, SEC.33. Amended by P.L.35-2016, SEC.21.
IN Code § 12-11-1.1-10 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-10. Provider Assessment

Sec. 10. (a) The office may assess providers of community based services to individuals with a developmental disability who otherwise qualify to receive ICF/IID (as defined in IC 16-29-4-2) based services in an amount not to exceed six percent (6%) of all service revenue included on the annual plan of care excluding resident living allowances.(b) The assessments shall be paid to the office not later than the tenth day of the month for each month that the individual is in service. The office or the office's designee may withhold Medicaid payments to a provider described in subsection (a) that fails to pay an assessment within thirty (30) days after the due date. The amount withheld may not exceed the amount of the assessments due.(c) The community services quality assurance fund is created. The fund shall be administered by the office.(d) Revenue from the assessments under this section shall be deposited into the fund. Money in the fund must be used for community services for persons with developmental disabilities.(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.(f) If federal financial participation to match the assessments in subsection (a) becomes unavailable under federal law, the authority to impose the assessments terminates on the date that the federal statutory, regulatory, or interpretive change takes effect.As added by P.L.259-2003, SEC.1. Amended by P.L.246-2005, SEC.101; P.L.35-2016, SEC.22.
IN Code § 12-11-1.1-11 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services|12-11-1.1-11. Issuance of Citation for Violations; Requirements; Remedies; Considerations in Determining Remedy

Sec. 11. (a) Upon a determination by the bureau that a provider has violated this article or a rule adopted under this article, the director shall issue a citation under IC 4-21.5-3-6 to the provider. The citation must state the following:(1) The nature of the violation.(2) The classification of the violation.(3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider.(4) Any penalty imposed on the provider.(b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.(c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article:(1) Issuance of an order for immediate correction of the violation.(2) Imposition of a fine not to exceed ten thousand dollars ($10,000).(3) Suspension of new clients by the provider for a period not to exceed ninety (90) days.(4) Revocation of the provider's license or issuance of a probationary license.(5) A requirement that the provider comply with any plan of correction approved or directed by the division.(d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following:(1) Whether the violation occurred for reasons beyond the provider's control.(2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur.(3) The history of violations by the provider.(4) The effect of the violation on the client.(5) The degree of the violation.As added by P.L.153-2011, SEC.12.
IN Code § 12-11-2.1-1 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals|12-11-2.1-1. Diagnostic Assessment

Sec. 1. (a) The bureau shall determine whether or not an individual has a developmental disability. For individuals for whom there is not enough current information available to make a determination of eligibility, the bureau shall use the results of a diagnostic assessment in determining whether an individual has a developmental disability. A diagnostic assessment must include the following:(1) Diagnostic information concerning the individual's functioning level and medical and habilitation needs.(2) All information necessary for the use of the office of Medicaid policy and planning, the state department of health, and the division.(3) The use of all appropriate assessments conducted under rules adopted under IC 16-28.(b) An individual who is found not to have a developmental disability may appeal the bureau's finding under IC 4-21.5.(c) If an individual is determined to have a developmental disability, the office shall determine whether the individual meets the appropriate federal level of care requirements.As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.76; P.L.197-2011, SEC.41; P.L.85-2017, SEC.55.
IN Code § 12-11-2.1-2 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals|12-11-2.1-2. Service Coordination Services

Sec. 2. The bureau shall, within the limits of available resources, provide service coordination services to individuals with a developmental disability. Service coordination services must include the development of an individual service plan.As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.77.
IN Code § 12-11-2.1-3 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals|12-11-2.1-3. Services Provided Through Individual Service Plan

Sec. 3. All services provided to an individual must be provided under the individual service plan of the individual with a disability. To the extent that services described in IC 12-11-1.1-1(e) are available and meet the individual's needs, services provided to an individual shall be provided in the least restrictive environment possible.As added by P.L.272-1999, SEC.34. Amended by P.L.14-2000, SEC.29; P.L.99-2007, SEC.78.
IN Code § 12-11-2.1-4 (2021)
2021 Indiana Code|Title 12. Human Services|Article 11. Services for Individuals With Disabilities|Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals|12-11-2.1-4. Placement Authority

Sec. 4. The bureau shall serve as the placement authority for individuals with a developmental disability under service plans developed under this chapter, including all placements in an intermediate care facility.As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.79; P.L.188-2013, SEC.8.