reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-12. Registration by the Division; Duties of the Division

Sec. 12. (a) The division shall register an individual who provides the following:
(1) A personal resume containing information concerning the individual's qualifications, work experience, and any credentials the individual may hold. The individual must certify that the information contained in the resume is true and accurate.
(2) The individual's:
(A) limited criminal history check from the Indiana central repository for criminal history information under IC 10-13-3;
(B) expanded criminal history check under IC 20-26-2-1.5; or
(C) criminal history check from another source allowed by law.
(3) If applicable, the individual's state nurse aide registry report from the Indiana department of health. This subdivision does not require an individual to be a nurse aide.
(4) Three (3) letters of reference.
(5) A registration fee. The division shall establish the amount of the registration fee.
(6) Proof that the individual is at least eighteen (18) years of age.
(7) Any other information required by the division.
(b) A registration is valid for two (2) years. A personal services attendant may renew the personal services attendant's registration by updating any information in the file that has changed and by paying the fee required under subsection (a)(5). The limited criminal history check and report required under subsection (a)(2) and (a)(3) must be updated every two (2) years.
(c) The division and any organization designated under section 11 of this chapter shall maintain a file for each personal services attendant that contains:
(1) comments related to the provision of attendant care services submitted by an individual in need of self-directed in-home care who has employed the personal services attendant; and
(2) the items described in subsection (a)(1) through (a)(4).
(d) Upon request, the division shall provide to an individual in need of self-directed in-home care the following:
(1) Without charge, a list of personal services attendants who are registered with the division and available within the requested geographic area.
(2) A copy of the information of a specified personal services attendant who is on file with the division under subsection (c). The division may charge a fee for shipping, handling, and copying expenses.
(e) The limited criminal history check requirement described in subsection (a)(2) may be satisfied by fulfilling the components of an expanded criminal history check under IC 20-26-2-1.5 and is subject to the conditions described in IC 16-27-2-4(c).
As added by P.L.141-2006, SEC.44. Amended by P.L.133-2018, SEC.1; P.L.56-2023, SEC.93.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-13. Physician's Written Opinion

Sec. 13. The case manager of an individual in need of self-directed in-home care shall maintain an attending physician's written opinion submitted under section 5 of this chapter in a case file that is maintained for the individual by the case manager.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-14. Employer; Immunity; Liability

Sec. 14. (a) A personal services attendant who is hired by the individual in need of self-directed in-home care is an employee of the individual in need of self-directed in-home care.
(b) The division is not liable for any actions of a personal services attendant or an individual in need of self-directed in-home care.
(c) A personal services attendant and an individual in need of self-directed in-home care are each liable for any negligent or wrongful act or omission in which the person personally participates.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-15. Responsibilities of Individuals in Need of Self-Directed In-Home Care

Sec. 15. (a) Except as provided in subsection (b), an individual in need of self-directed in-home care is responsible for recruiting, hiring, training, paying, certifying any employment related documents, dismissing, and supervising in the individual's home during service hours a personal services attendant who provides attendant care services for the individual.
(b) If an individual in need of self-directed in-home care is:
(1) less than twenty-one (21) years of age; or
(2) unable to direct in-home care because of a brain injury or mental deficiency;
the individual's parent, spouse, legal guardian, or a person possessing a valid power of attorney for the individual, may make employment, care, and training decisions and certify any employment related documents on behalf of the individual.
(c) An individual in need of self-directed in-home care or an individual under subsection (b) and the individual's case manager shall develop an authorized care plan. The authorized care plan must include a list of weekly services or tasks that must be performed to comply with the authorized care plan.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-16. Rules

Sec. 16. The division shall adopt rules under IC 4-22-2 concerning:
(1) the method of payment to a personal services attendant who provides authorized services under this chapter; and
(2) record keeping requirements for personal attendant services.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-17. Contracts

Sec. 17. The individual in need of self-directed in-home care and the personal services attendant must each sign a contract, in a form approved by the division, that includes, at a minimum, the following provisions:
(1) The responsibilities of the personal services attendant.
(2) The frequency the personal services attendant will provide attendant care services.
(3) The duration of the contract.
(4) The hourly wage of the personal services attendant. The wage may not be less than the federal minimum wage or more than the rate that the recipient is eligible to receive under a Medicaid home and community based services waiver or the community and home options to institutional care for the elderly and disabled program for attendant care services.
(5) Reasons and notice agreements for early termination of the contract.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-18. Amendment of Home and Community Based Services Waiver Program; Payments Not Considered Income

Sec. 18. (a) The office shall amend the home and community based services waiver program under the state Medicaid plan to provide for the payment for attendant care services provided by a personal services attendant for an individual in need of self-directed in-home care under this chapter, including any related record keeping and employment expenses.
(b) The office shall not, to the extent permitted by federal law, consider as income money paid under this chapter to or on behalf of an individual in need of self-directed in-home care to enable the individual to employ registered personal services attendants, for purposes of determining the individual's income eligibility for services under this chapter.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-19. Demonstration Projects; Research

Sec. 19. The division may:
(1) initiate demonstration projects to test new ways of providing attendant care services; and
(2) research ways to best provide attendant care services in urban and rural areas.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-20. Rules

Sec. 20. (a) The division and office may adopt rules under IC 4-22-2 that are necessary to implement this chapter.
(b) The office shall apply for any federal waivers necessary to implement this chapter.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-21. Rules

Sec. 21. The division shall adopt rules under IC 4-22-2 concerning the following:
(1) The receipt, review, and investigation of complaints concerning the:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care by a personal services attendant.
(2) Establishing notice and administrative hearing procedures in accordance with IC 4-21.5.
(3) Appeal procedures, including judicial review of administrative hearings.
(4) Procedures to place a personal services attendant who has been determined to have been guilty of:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care on the state nurse aide registry.
As added by P.L.141-2006, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-0.5. Missing Endangered Adult as High Risk Missing Person

Sec. 0.5. A missing endangered adult is a high risk missing person under IC 5-2-17. A law enforcement agency receiving a report of a missing adult shall follow the procedures in IC 5-2-17 in addition to the procedures described in this chapter.
As added by P.L.92-2007, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-1. Notification and Investigative Report

Sec. 1. (a) A law enforcement agency that receives a notification concerning a missing endangered adult from:
(1) the missing endangered adult's:
(A) guardian;
(B) custodian; or
(C) guardian ad litem; or
(2) an individual who:
(A) provides the missing endangered adult with home health aid services;
(B) possesses a health care power of attorney that was executed under IC 30-5-5-16 for the missing endangered adult; or
(C) has evidence that the missing endangered adult has a condition that may prevent the missing endangered adult from returning home without assistance;
shall prepare an investigative report on the missing endangered adult, if based on the notification, the law enforcement agency has reason to believe that an endangered adult is missing.
(b) The investigative report described in subsection (a) may include the following:
(1) Relevant information obtained from the notification concerning the missing endangered adult, including the following:
(A) A physical description of the missing endangered adult.
(B) The date, time, and place that the missing endangered adult was last seen.
(C) The missing endangered adult's address.
(2) Information gathered by a preliminary investigation, if one was made.
(3) A statement by the law enforcement officer in charge setting forth that officer's assessment of the case based upon the evidence and information received.
As added by P.L.140-2005, SEC.3. Amended by P.L.50-2021, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-2. Investigative Report Prepared Within Five Hours

Sec. 2. The law enforcement agency shall prepare the investigative report described by section 1 of this chapter as soon as practicable, and if possible not later than five (5) hours after the law enforcement agency receives notification of a missing endangered adult.
As added by P.L.140-2005, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-3. Public Notification

Sec. 3. (a) Upon completion of the report described by section 1 of this chapter, if the law enforcement agency has reason to believe that public notification may assist in locating the missing endangered adult, the law enforcement agency may immediately forward the contents of the report to:
(1) all law enforcement agencies that have jurisdiction in the location where the missing endangered adult lives and all law enforcement agencies that have jurisdiction in the location where the missing endangered adult was last seen;
(2) all law enforcement agencies to which the person who made the notification concerning the missing endangered adult requests the report be sent, if the law enforcement agency determines that the request is reasonable in light of the information received;
(3) all law enforcement agencies that request a copy of the report;
(4) one (1) or more broadcasters that broadcast in an area where the missing endangered adult may be located;
(5) the Indiana data and communication system (IDACS);
(6) the National Crime Information Center's Missing Person File, if appropriate; and
(7) the Indiana clearinghouse for information on children and missing endangered adults established by IC 10-13-5-5, to disseminate information concerning the missing endangered adult to be broadcast as part of the silver alert program.
(b) Upon completion of the report described by section 1 of this chapter, a law enforcement agency may forward a copy of the contents of the report to one (1) or more newspapers distributed in an area where the missing endangered adult may be located.
(c) After forwarding the contents of the report to a broadcaster or newspaper under this section, the law enforcement agency may request that the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in locating the missing endangered adult.
(d) A broadcaster or newspaper that receives a request concerning a missing endangered adult under subsection (c) may, at the discretion of the broadcaster or newspaper:
(1) notify the public that there is an endangered adult medical alert; and
(2) broadcast or publish:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in locating the missing endangered adult.
As added by P.L.140-2005, SEC.3. Amended by P.L.43-2009, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-5. Notification of Law Enforcement Agency if Missing Endangered Adult Found

Sec. 5. An individual described in section 1(a)(1) or 1(a)(2) of this chapter who notifies a law enforcement agency concerning a missing endangered adult shall notify the law enforcement agency when the missing endangered adult is found.
As added by P.L.140-2005, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 18. Reports of Missing Endangered Adults › 12-10-18-6. Broadcaster and Newspaper Civil Immunity

Sec. 6. (a) A broadcaster or newspaper that receives a report of a missing endangered adult from a law enforcement agency under section 3 of this chapter is immune from civil liability for an act or omission related to:
(1) the broadcast or publication of information contained in the report, including:
(A) a description of the missing endangered adult; and
(B) any other relevant information that would assist in locating the missing endangered adult; or
(2) the decision of the broadcaster or newspaper not to broadcast or publish information contained in the report.
(b) The civil immunity described in subsection (a) does not apply to an act or omission that constitutes gross negligence or willful, wanton, or intentional misconduct.
As added by P.L.140-2005, SEC.3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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; P.L.249-2023, SEC.47.
2023 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.
2023 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.
2023 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 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; P.L.249-2023, SEC.48.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 1. Repealed

[Pre-1992 Revision Citations:
12-11-1-1formerly 4-28-20-112-11-1-2formerly 4-28-20-212-11-1-3formerly 4-28-20-312-11-1-4formerly 4-28-20-412-11-1-5formerly 4-28-20-512-11-1-6formerly 4-28-20-612-11-1-7formerly 4-28-20-712-11-1-8formerly 4-28-20-8; 16-13-22-8.]
Repealed by P.L.272-1999, SEC.66.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2. Repealed

[Pre-1992 Revision Citations:
12-11-2-1formerly 4-28-22-112-11-2-2formerly 4-28-22-312-11-2-3formerly 4-28-22-412-11-2-4formerly 4-28-22-512-11-2-5formerly 4-28-22-612-11-2-6formerly 4-28-22-712-11-2-7formerly 4-28-22-812-11-2-8formerly 4-28-22-912-11-2-9formerly 4-28-22-1012-11-2-10formerly 4-28-22-1112-11-2-11formerly 4-28-22-1212-11-2-12formerly 4-28-22-13.]
Repealed by P.L.272-1999, SEC.66.
2023 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 Indiana 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; P.L.56-2023, SEC.94.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-5. Authorizing Services for Individual in Community Based Setting

Sec. 5. When authorizing services for an individual with a developmental disability in a community based setting, the bureau shall give equal consideration based on need between:
(1) individuals who resided with a family member, relative, or guardian immediately before the community based residential placement; and
(2) individuals being placed from:
(A) an intermediate care facility; or
(B) a nursing facility.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.80; P.L.188-2013, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-6. Approval of Placement in Intermediate Care Facility

Sec. 6. The bureau may not approve the initial placement of a developmentally disabled individual in an intermediate care facility for individuals with intellectual disabilities serving more than eight (8) individuals or a nursing facility unless:
(1) the individual has medical needs; and
(2) the placement is appropriate to the individual's needs.
As added by P.L.272-1999, SEC.34. Amended by P.L.35-2016, SEC.23; P.L.32-2021, SEC.29.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-7. Service Plan for Individual Discharged or on Outpatient Status From State Institution

Sec. 7. Before an individual with a developmental disability is:
(1) discharged from a state institution; or
(2) placed on outpatient status under IC 12-26-14 by a state institution;
the bureau shall develop a service plan for the individual under section 2 of this chapter.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.81.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-8. Repealed

As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.82. Repealed by P.L.188-2013, SEC.10.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-9. Memorandum of Understanding Concerning Referrals

Sec. 9. The division of mental health and addiction and the division shall enter into a memorandum of understanding concerning referrals to the bureau of developmentally disabled individuals discharged from or on an outpatient status from a state institution operated by the division of mental health and addiction.
As added by P.L.272-1999, SEC.34. Amended by P.L.215-2001, SEC.39.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-10. Personal and Vocational Counselors Required

Sec. 10. The division shall require service coordination personnel and vocational counselors to coordinate their services.
As added by P.L.272-1999, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-11. Decertified Individuals Receiving Services; Resources

Sec. 11. (a) An individual who:
(1) is receiving services for individuals with a developmental disability that are funded by Medicaid; and
(2) has been decertified by the office because the individual fails to meet appropriate federal level of care requirements;
must continue to receive the same services, unless an appropriate individual service plan has been developed outlining the services needed by the individual to live in the least restrictive environment.
(b) After available federal, local, and individual resources have been used, unencumbered state appropriations that are available, as determined by the budget director, must be used to implement plans developed under subsection (a).
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007, SEC.83.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals › 12-11-2.1-12. Rules

Sec. 12. The secretary may adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.272-1999, SEC.34. Amended by P.L.35-2016, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 3. Repealed

[Pre-1992 Revision Citations:
12-11-3-1formerly 4-28-26-1 part12-11-3-2formerly 4-28-26-1 part12-11-3-3formerly 4-28-26-212-11-3-4formerly 4-28-26-312-11-3-5formerly 4-28-26-412-11-3-6formerly 4-28-26-5.]
Repealed by P.L.272-1999, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 4. Repealed

[Pre-1992 Revision Citations:
12-11-4-1formerly 12-1-23-112-11-4-2formerly 12-1-23-212-11-4-3formerly 12-1-23-4(a)12-11-4-4formerly 12-1-23-4(b)12-11-4-5formerly 12-1-23-4(c)12-11-4-6formerly 12-1-23-4(d)12-11-4-7formerly 12-1-23-5(a)12-11-4-8formerly 12-1-23-5(b)12-11-4-9formerly 12-1-23-5(c)12-11-4-10formerly 12-1-23-5(d)12-11-4-11formerly 12-1-23-6.]
Repealed by P.L.272-1999, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 5. Repealed

[Pre-1992 Revision Citations:
12-11-5-1formerly 16-7-15-2(a)12-11-5-2formerly 16-7-15-2(b)12-11-5-3formerly 16-7-15-312-11-5-4formerly 16-7-15-412-11-5-5formerly 16-7-15-5.]
Repealed by P.L.272-1999, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 6. Other Services for Individuals With Developmental Disabilities › 12-11-6-1. Planning, Research, and Development of Other Services; Coordination of Programs and Services; Crisis Assistance Program

Sec. 1. The division is responsible for the following:
(1) Planning, research, and the development of developmental services directed toward the prevention and alleviation of developmental disabilities or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with such a disability.
(2) The coordination of the various governmental services, activities, and programs in Indiana relating to individuals with a developmental disability.
(3) Administering the state aided services for individuals with a developmental disability.
(4) Before July 1, 2020, in coordination with the task force established by IC 12-11-15.5-2, developing a plan to establish a statewide crisis assistance program not later than July 1, 2021, for individuals with developmental disabilities.
[Pre-1992 Revision Citation: 4-28-10-28(a).]
As added by P.L.2-1992, SEC.5. Amended by P.L.1-1993, SEC.125; P.L.99-2007, SEC.84; P.L.262-2019, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 6. Other Services for Individuals With Developmental Disabilities › 12-11-6-2. Rules

Sec. 2. The secretary may adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1992 Revision Citation: 4-28-10-28(c).]
As added by P.L.2-1992, SEC.5. Amended by P.L.35-2016, SEC.25.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 7. Repealed

[Pre-1992 Revision Citations:
12-11-7-1New12-11-7-2formerly 4-28-25-112-11-7-3formerly 4-28-25-2 part12-11-7-4formerly 4-28-25-2 part12-11-7-5formerly 4-28-25-3(a)12-11-7-6formerly 4-28-25-3(b)12-11-7-7formerly 4-28-25-3(c)12-11-7-8formerly 4-28-25-412-11-7-9formerly 4-28-25-5.]
Repealed by P.L.53-2014, SEC.99.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 8. Institute for Autism › 12-11-8-1. "Autism"

Sec. 1. As used in this chapter, "autism" means an autism spectrum disorder that is described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
[Pre-1992 Revision Citation: 4-28-24-1.]
As added by P.L.2-1992, SEC.5. Amended by P.L.151-1995, SEC.5; P.L.107-1997, SEC.2; P.L.210-2015, SEC.22.