reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-3. Repealed

[Pre-1992 Revision Citation: 16-10-4.5-6.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.5; P.L.4-1993, SEC.39; P.L.5-1993, SEC.52. Repealed by P.L.168-2018, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-3.2. Legal Assistance Developer

Sec. 3.2. As used in this chapter, "legal assistance developer" has the meaning set forth in 42 U.S.C. 3058j.
As added by P.L.168-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-3.3. Legal Representative

Sec. 3.3. As used in this chapter, "legal representative" means:
(1) a guardian;
(2) a health care representative acting under IC 16-36-1 or IC 16-36-7;
(3) an attorney-in-fact for health care appointed under IC 30-5-5-16;
(4) an attorney-in-fact appointed under IC 30-5-5 who does not hold health care powers; or
(5) the personal representative of the estate;
of a resident of a long term care facility.
As added by P.L.139-1993, SEC.6. Amended by P.L.1-1994, SEC.54; P.L.168-2018, SEC.10; P.L.50-2021, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-3.6. Long Term Care Facility

Sec. 3.6. As used in this chapter, "long term care facility" means any of the following:
(1) A facility licensed under or subject to IC 16-28-2.
(2) An adult care home as a residential care facility.
(3) A facility certified as a Medicaid waiver facility for the aged and disabled population.
As added by P.L.139-1993, SEC.7. Amended by P.L.2-1995, SEC.47; P.L.168-2018, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-4. Office

Sec. 4. As used in this chapter, "office" refers to the long term care ombudsman office established by this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the long term care ombudsmen office.
[Pre-1992 Revision Citation: 16-10-4.5-7.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-4.5. Ombudsman

Sec. 4.5. As used in this chapter, "ombudsman" means an individual or entity designated by the state ombudsman to investigate and resolve local complaints and concerns regarding the health, safety, welfare, or rights of residents.
As added by P.L.139-1993, SEC.9. Amended by P.L.168-2018, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-5. Repealed

[Pre-1992 Revision Citation: 16-10-4.5-8.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-6. State Ombudsman

Sec. 6. As used in this chapter, "state ombudsman" refers to the individual appointed by the secretary or the secretary's designee to run the state long term care ombudsman program and office under 42 U.S.C. 3001 et seq. and this chapter.
[Pre-1992 Revision Citation: 16-10-4.5-9.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.10; P.L.168-2018, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-7. Establishment of Office

Sec. 7. The division shall establish the long term care ombudsman office in compliance with 42 U.S.C. 3001 et seq.
[Pre-1992 Revision Citation: 16-10-4.5-10.]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.14.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-8. Appointing of State Long Term Care Ombudsman

Sec. 8. Subject to sections 10 through 12 of this chapter, the secretary or the secretary's designee shall appoint the state long term care ombudsman to direct the office on a full-time basis.
[Pre-1992 Revision Citation: 16-10-4.5-11(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.11; P.L.35-2016, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-9. Appointment of Acting State Ombudsman

Sec. 9. The secretary or the secretary's designee shall appoint an acting state ombudsman within thirty (30) days of a vacancy in the position of state ombudsman. The acting state ombudsman has the powers and duties of the state ombudsman.
[Pre-1992 Revision Citation: 16-10-4.5-11(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.35-2016, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-10. Qualifications

Sec. 10. The state ombudsman must have familiarity with the following:
(1) Gerontology or long term care.
(2) The legal system.
(3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
(4) Knowledge of Medicare and Medicaid funding of long term care.
[Pre-1992 Revision Citation: 16-10-4.5-11(c).]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-11. Prohibition on Previous Employment of State Ombudsman

Sec. 11. The state ombudsman may not have been employed by a long term care facility within one (1) year preceding the proposed appointment by the secretary or the secretary's designee.
[Pre-1992 Revision Citation: 16-10-4.5-11(d).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.12; P.L.35-2016, SEC.17; P.L.168-2018, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-12. Eligibility; Pecuniary Interest Prohibition

Sec. 12. The state ombudsman or a member of the state ombudsman's immediate family may not have had a pecuniary interest in a long term care facility within three (3) years preceding the director's proposed appointment.
[Pre-1992 Revision Citation: 16-10-4.5-11(e).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.13; P.L.168-2018, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-13. Technical Experts; Staff

Sec. 13. The state ombudsman may employ technical experts and other employees to carry out the purposes of the office.
[Pre-1992 Revision Citation: 16-10-4.5-11(f).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-14. Investigation and Resolution of Complaints and Concerns

Sec. 14. The office shall receive, investigate, and attempt to resolve complaints and concerns that:
(1) are made by or on behalf of a patient, resident, or client of a long term care facility, except for an individual with a developmental disability who is receiving waiver services; and
(2) involve the health, safety, welfare, or rights of a resident.
[Pre-1992 Revision Citation: 16-10-4.5-12(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.14; P.L.272-1999, SEC.32; P.L.168-2018, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-15. Disclosure of Records With Informed Consent

Sec. 15. At the conclusion of an investigation of a complaint, the office may, with the informed consent of the resident or the resident's legal representative, disclose records, findings, and documentation of an investigated case maintained by the office to parties associated with a resident involved in the investigation.
[Pre-1992 Revision Citation: 16-10-4.5-12(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16. Repealed

[Pre-1992 Revision Citation: 16-10-4.5-12(c).]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.15. Repealed by P.L.168-2018, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.2. Ombudsman; Access to Persons, Places, Records, and Other Information

Sec. 16.2. In accordance with this chapter, an ombudsman must be provided access to the following:
(1) Long term care facilities and the residents of the long term care facilities.
(2) As provided in section 16.4 of this chapter, a resident's medical, financial, and social records.
(3) If the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, the name, address, and telephone number of the resident's legal representative.
As added by P.L.139-1993, SEC.16. Amended by P.L.168-2018, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.4. Ombudsman; Access to Medical, Financial, and Social Records of Resident or Client; Consent

Sec. 16.4. (a) An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records.
(b) Consent to have access to a resident's medical, financial, and social records shall be given in one (1) of the following forms:
(1) In writing by the resident.
(2) Orally by the resident.
(3) Through the use of auxiliary aids and services.
(4) In writing by the legal representative of the resident if:
(A) the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and
(B) the legal representative has the authority to give consent.
(5) Visually by the resident.
(c) If consent to have access to a resident's medical, financial, and social records cannot be obtained under subsection (b), an ombudsman may inspect the records of a resident if the resident is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to a resident's medical, financial, and social records by the resident's legal representative;
(2) reasonable cause to believe that the resident's legal representative is not acting in the best interests of the resident; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the resident.
As added by P.L.139-1993, SEC.17. Amended by P.L.168-2018, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.5. Access to Records of a Long Term Care Facility

Sec. 16.5. An ombudsman shall be given appropriate access to the records of a long term care facility, including the following:
(1) Administrative policies.
(2) Licensing and certification records.
(3) Survey results.
As added by P.L.139-1993, SEC.18. Amended by P.L.168-2018, SEC.23.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.6. Ombudsman; Access to Records of State or Local Government Agency or Entity

Sec. 16.6. A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by an ombudsman shall provide the ombudsman with access to the records.
As added by P.L.139-1993, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.7. Immunity for the Release or Disclosure of Records

Sec. 16.7. A long term care facility or an employee of a long term care facility is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to an ombudsman under this chapter.
As added by P.L.139-1993, SEC.20. Amended by P.L.168-2018, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-16.8. Coordination Among Government Agencies; Toll Free Telephone Number for Reporting Problems; Nondisclosure of Identity of Complainant, Resident, or Client

Sec. 16.8. The office shall do the following:
(1) Promote effective coordination between the office and the following:
(A) Programs that provide legal services for the elderly.
(B) The adult protective services program.
(C) The attorney general's division of Medicaid fraud.
(D) The Indiana department of health.
(E) Indiana protection and advocacy services.
(F) The state's legal assistance developer.
(2) Establish a statewide toll free telephone line to receive reports of residents' complaints concerning long term care facilities.
(3) Ensure that the identity of a complainant or resident will not be disclosed without:
(A) the complainant's or resident's written consent; or
(B) a court order.
As added by P.L.139-1993, SEC.21. Amended by P.L.168-2018, SEC.25; P.L.56-2023, SEC.90.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-17. Rules

Sec. 17. The secretary shall adopt rules under IC 4-22-2 necessary to carry out this chapter.
[Pre-1992 Revision Citation: 16-10-4.5-13.]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.86; P.L.139-1993, SEC.22; P.L.35-2016, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-18. Civil Immunity

Sec. 18. A representative of the office is not civilly liable for the good faith performance of official duties.
[Pre-1992 Revision Citation: 16-10-4.5-14.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-19. Annual Report; Distribution

Sec. 19. (a) The office shall prepare a report each year on the operations of the office.
(b) A copy of the report shall be provided to the following:
(1) The governor.
(2) The general assembly. The report must be in an electronic format under IC 5-14-6.
(3) The division.
(4) The secretary.
(5) The Assistant Secretary for Aging of the Administration for Community Living.
(6) Each area agency on aging within Indiana.
(7) The Indiana department of health.
[Pre-1992 Revision Citation: 16-10-4.5-15.]
As added by P.L.2-1992, SEC.4. Amended by P.L.28-2004, SEC.93; P.L.168-2018, SEC.26; P.L.56-2023, SEC.91.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-20. Violations

Sec. 20. A person who:
(1) intentionally prevents the work of the office;
(2) knowingly offers compensation to the office in an effort to affect the outcome of an investigation or a potential investigation; or
(3) retaliates against a resident, an employee, or another person who files a complaint or provides information to the office;
commits a Class B misdemeanor.
[Pre-1992 Revision Citation: 16-10-4.5-16.]
As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.23; P.L.168-2018, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-21. Independent Legal Counsel for State Ombudsman

Sec. 21. The office shall make available independent legal counsel for the state ombudsman for the following:
(1) Representation of the state ombudsman against a lawsuit or other legal action that is brought or threatened to be brought against the state ombudsman in connection with the state ombudsman's performance of the state ombudsman's official duties of the state long term care ombudsman program.
(2) Advice and counsel for the state ombudsman in protecting a resident's rights.
(3) The drafting of rules, policies, and procedures for the operation of the state long term care ombudsman program.
(4) Advice concerning complaint resolution of complex cases.
As added by P.L.168-2018, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-22. Addressing of Grievances and Complaints

Sec. 22. The office shall ensure that grievances and complaints are addressed concerning the following:
(1) Action taken or failure to take action on behalf of a resident.
(2) Designation or revocation of designation of local:
(A) host agencies; or
(B) representatives of the state long term care ombudsman program and office.
As added by P.L.168-2018, SEC.29.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-1. "Bill Payer"

Sec. 1. As used in this chapter, "bill payer" means a person appointed by the secretary or the secretary's designee under this chapter to provide one (1) or more of the following services in order to assist a low income individual who is able to make responsible decisions about financial matters but needs assistance:
(1) Paying bills each month and keeping records.
(2) Establishing a budget.
(3) Opening, organizing, and sending out mail.
(4) Assisting the individual in check writing, with all checks to be signed by the individual.
(5) Balancing checkbooks.
(6) Making referrals to other agencies when necessary.
As added by P.L.141-1993, SEC.1. Amended by P.L.35-2016, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-2. "Representative Payee"

Sec. 2. As used in this chapter, "representative payee" means a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs, or the United States Railroad Retirement Board to provide one (1) or more of the following financial management services in order to assist an individual who is receiving government benefits and is medically incapable of making responsible financial decisions:
(1) Spending benefits received by the individual in the individual's best interests as necessary to provide for food, shelter, utilities, medical care, and personal needs.
(2) Keeping an accurate record of all financial transactions.
(3) Maintaining control over the individual's benefits and signing all checks for the individual's expenditures.
(4) Referring the individual to other agencies if the individual needs additional assistance.
As added by P.L.141-1993, SEC.1. Amended by P.L.24-1997, SEC.30.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-3. Establishment of Program; Eligibility

Sec. 3. The division may establish, within the bureau, a representative payee and bill payer program to assist low income individuals who:
(1) are not able to manage their financial matters; and
(2) do not have relatives or friends to assist them in managing their financial matters.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-4. Administration of Program

Sec. 4. The bureau may administer the program. The bureau may provide staff and logistical support for the program, including office space, telephone communications, office supplies, and postage.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-7. Assistance to Representative Payees and Bill Payers; Bank Services

Sec. 7. The bureau may assist representative payees and bill payers and may negotiate bank services for the program.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-8. Public Liaisons; Spreading of Information; Referral of Potential Clients

Sec. 8. The bureau may designate volunteers, who may be representative payees or bill payers, as public liaisons to inform interested agencies and persons about the program and to undertake to increase public awareness of the program and referral of potential clients to the program.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-9. Fiduciary Duties of Representative Payees and Bill Payers

Sec. 9. A person acting as a representative payee or a bill payer is considered to be acting in a fiduciary capacity and is liable for acts or omissions constituting a breach of fiduciary duties imposed by law.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-10. Legal Counsel

Sec. 10. The bureau may enter into a memorandum of understanding with legal counsel for an association that represents the interests of retired persons to obtain assistance for the representative payee and bill payer program.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-11. Local Programs; Sponsors and Coordinators; Training, Assistance, and Monitoring by Bureau

Sec. 11. (a) The bureau may enter into memoranda of understanding with local representative payee and bill payer program sponsors allowing local sponsors to administer a local representative payee and bill payer program with the bureau assisting and monitoring the local program sponsor.
(b) The bureau may designate a local program sponsor with a local coordinator to assist in the administration of a local program. A local program sponsor designated under this subsection must have a local advisory council.
(c) The bureau may provide training and technical assistance to local coordinators and local program sponsors.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 14. Representative Payees and Bill Payers › 12-10-14-12. Monitoring, Audits, and Review of Accounts

Sec. 12. The bureau may do any of the following:
(1) Monitor:
(A) representative payees and bill payers; and
(B) local program sponsors.
(2) Audit any transaction of a representative payee and bill payer.
(3) Review bank statements and cancelled checks for accounts managed by representative payees.
As added by P.L.141-1993, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-1. Applicability of Chapter

Sec. 1. This chapter applies to a person who enters into a contract or extends the term of an existing contract with an individual to reside in a housing with services establishment.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-1.5. "Administrator" Defined

Sec. 1.5. As used in this chapter, "administrator" means a natural person who administers, manages, supervises, or is in general administrative charge of a housing with services establishment.
As added by P.L.184-2003, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-2. "Health Related Services" Defined

Sec. 2. As used in this chapter, “health related services" means home health services as listed under IC 16-27-1-5(b) and IC 16-27-1-5(c), attendant and personal care services, professional nursing services, and the central storage and distribution of medications.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-3. "Housing With Services Establishment" Defined

Sec. 3. (a) As used in this chapter, "housing with services establishment" means an establishment providing sleeping accommodations to at least five (5) residents and offering or providing for a fee:
(1) at least one (1) regularly scheduled health related service; or
(2) at least two (2) regularly scheduled supportive services;
whether offered or provided directly by the establishment or by another person arranged for by the establishment.
(b) The term does not include the following:
(1) A comprehensive care facility licensed under IC 16-28-2.
(2) A hospital licensed under IC 16-21.
(3) A group home licensed under IC 31-27 or IC 12-28-4.
(4) An establishment that serves as a shelter for battered women or other similar purpose.
(5) Private homes in which the residents are related by kinship, law, or affinity with the person offering the services.
(6) An organized condominium, cooperative, common interest community, or owner’s association where at least eighty percent (80%) of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units.
As added by P.L.73-1998, SEC.7. Amended by P.L.145-2006, SEC.69.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-5. "Resident" Defined

Sec. 5. As used in this chapter, "resident" means an individual who has a contract to reside in a housing with services establishment.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-6. "Supportive Services" Defined

Sec. 6. As used in this chapter, "supportive services" means help with personal laundry, handling or assisting with personal funds of the residents, or arranging for medical services, health related services, or social services. The term does not include making referrals, assisting a resident in contacting a service provider of the resident’s choice, or contacting a service provider in an emergency.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-7. Filing of Disclosure Document; Contents

Sec. 7. (a) An operator shall file a disclosure document for each housing with services establishment with the director. If an operator fails to file a disclosure document, the operator may not:
(1) enter into or extend the term of a contract with an individual to reside in a housing with services establishment; or
(2) use the term "assisted living" to describe the housing with services establishment's services and operations to the public.
(b) The operator's disclosure document must be filed with the director on forms prescribed by the director and must be verified by the operator. The disclosure document must contain the following information:
(1) An initial disclosure statement, as described in section 11 of this chapter.
(2) The contract to be executed between the housing with services establishment and the resident.
(3) Any other information required by the director under this chapter.
(c) An operator of a housing with services establishment that has filed a disclosure document as provided in this section shall notify the director within thirty (30) days after a change in the:
(1) business name or address of the establishment;
(2) name or mailing address of the owner or owners; or
(3) name or mailing address of the managing agent.
The director may not charge a fee for submission of the notice.
(d) An operator of a new housing with services establishment must file a disclosure document within sixty (60) days of the first occurrence of the following:
(1) The first contract with a resident is signed.
(2) The first resident moves into the housing with services establishment.
(e) Upon receipt of a disclosure document, the director shall mark the disclosure document to indicate that the document has been filed.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-8. Names and Mailing Addresses Required in Disclosure Document

Sec. 8. An operator shall provide the following information concerning the operator's housing with services establishment to the director with the operator's disclosure document:
(1) The business name, street address, and mailing address of the establishment.
(2) The name and mailing address of the owner or owners of the establishment. If the owner or owners are not natural persons, the operator must provide identification of the type of business entity of the owner or owners, and the name and addresses of the officers and members of the governing body, or comparable persons for other types of business entities of the owner or owners.
(3) The name and mailing address of the managing agent, whether through management agreement or lease arrangement, of the establishment, if different from the owner or owners, and the name of the on-site manager, if any.
(4) The name and address of at least one (1) individual who is responsible for dealing with the director on all matters subject to this chapter.
As added by P.L.73-1998, SEC.7. Amended by P.L.1-1999, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-10. Annual Disclosure Document

Sec. 10. Unless extended by the written consent of the director, each year after the initial year in which an operator has filed a disclosure document under section 7 of this chapter, the operator shall file with the director within four (4) months after the end of the operator's fiscal year an annual disclosure document.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-11. Amendment of Disclosure Document

Sec. 11. (a) An operator shall amend its initial disclosure document filed with the director under sections 7 and 8 of this chapter at any time if necessary to prevent the initial or annual disclosure document from containing any material misstatement of fact or omission of a material fact.
(b) Upon the sale of a housing with services establishment to a new owner, the new owner shall amend the currently filed disclosure document to reflect the fact of sale and any other fact that is required to be disclosed in the disclosure document.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-12. Standardized Disclosure Document

Sec. 12. (a) The director shall develop a standardized disclosure document to be filed by the housing with services establishment.
(b) The standardized disclosure document must include the following:
(1) The name and mailing address of the owner or owners of the housing with services establishment and, if the owner or owners are not individuals, identification of the type of business entity of the owner or owners.
(2) The name and mailing address of the managing agent, through management agreement or lease arrangement, of the establishment, if different from the owner or owners.
(3) A description of the services to be provided to the resident in the base rate to be paid by the resident or on the resident's behalf.
(4) A description of additional services available for an additional fee from the establishment directly or through arrangements with the establishment.
(5) Fee schedules outlining the cost of additional services.
(6) A description of the process through which the contract may be modified, amended, or terminated.
(7) A description of the establishment’s complaint resolution process available to the residents and the establishment’s referral procedures if the contract is terminated.
(8) The criteria used by the establishment to determine who may continue to reside in the housing with services establishment.
(c) The disclosure document must be:
(1) provided to a prospective resident or prospective resident's legal guardian; and
(2) made readily available to a resident or a resident's legal guardian.
As added by P.L.73-1998, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-13. Regulatory Authority of Indiana Department of Health Not Affected

Sec. 13. This chapter does not preclude the authority of the Indiana department of health to regulate:
(1) a home health agency, as provided in IC 16-27 and rules adopted under IC 16-27; or
(2) a health facility, as provided in IC 16-28 and rules adopted under IC 16-28.
As added by P.L.73-1998, SEC.7. Amended by P.L.56-2023, SEC.92.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-14. Rules

Sec. 14. (a) The secretary shall adopt rules under IC 4-22-2 necessary to carry out this chapter.
(b) The secretary shall adopt rules concerning the following:
(1) Procedures for the posting of notices at housing with services establishments, area agencies on aging, and centers for independent living (as defined by IC 12-12-8-1) that advise residents of their rights under this chapter.
(2) Procedures for residents and their representatives to file complaints with the director concerning violations of this chapter.
As added by P.L.73-1998, SEC.7. Amended by P.L.184-2003, SEC.4; P.L.35-2016, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-15. Enforcement; Penalties

Sec. 15. (a) The director shall enforce this chapter.
(b) The director may impose a penalty of not less than one hundred dollars ($100) but not more than one thousand dollars ($1,000) for each day of violation of this chapter. However, the total penalty for each violation may not exceed ten thousand dollars ($10,000).
(c) A person aggrieved by a penalty imposed under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within fifteen (15) days after the penalty is imposed, the determination of the director and the penalty is final.
(d) If the director determines that a housing with services establishment has had substantial and repeated violations of this chapter, the director may prohibit a housing with services establishment from using the term "assisted living" to describe the housing with services establishment's services and operations to the public.
(e) If the director determines that an operator or administrator of a housing with services establishment has intentionally violated this chapter or has made fraudulent and material misrepresentations to a resident, the director may request the attorney general to investigate and take appropriate action against the operator or administrator.
(f) Penalties collected under this section shall be deposited in the state general fund.
As added by P.L.184-2003, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 15. Filing Disclosure Documents for Housing With Services Establishments › 12-10-15-16. Provision of Information on Influenza to Residents; Deemed Compliance

Sec. 16. (a) An operator shall, not later than September 1 of each year, provide each resident of a housing with services establishment information concerning influenza, including the following:
(1) The means by which influenza is spread.
(2) The causes and symptoms of influenza.
(3) Risks associated with influenza.
(4) The most recent influenza vaccination recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(5) The availability, effectiveness, and contraindications of an influenza vaccination.
(b) This section does not require an operator to provide or pay for an influenza vaccination.
(c) An operator is deemed to be in compliance with the requirements of this section if the operator provides a resident the latest vaccination information statement concerning influenza vaccinations issued by the Centers for Disease Control and Prevention.
As added by P.L.110-2018, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 16. Indiana Prescription Drug Program › 12-10-16-1. "Account" Defined

Sec. 1. "Account" refers to the Indiana prescription drug account established under IC 4-12-8.
As added by P.L.21-2000, SEC.8. Amended by P.L.291-2001, SEC.77.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 16. Indiana Prescription Drug Program › 12-10-16-3. Administration of Program

Sec. 3. The office of the secretary shall administer a program implementing the recommendations of the prescription drug advisory committee to provide access to needed pharmaceuticals to ensure the health and welfare of Indiana's low-income senior citizens.
As added by P.L.21-2000, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 16. Indiana Prescription Drug Program › 12-10-16-5. Adoption of Rules

Sec. 5. (a) The office may adopt rules under IC 4-22-2 to implement the program.
(b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement the program on an emergency basis.
As added by P.L.21-2000, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 16. Indiana Prescription Drug Program › 12-10-16-6. Payment of Expenses and Costs

Sec. 6. The administrative expenses and benefit costs of the program shall be paid from the account.
As added by P.L.21-2000, SEC.8. Amended by P.L.291-2001, SEC.78.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-1. Applicability of Chapter

Sec. 1. This chapter does not apply to the following:
(1) An individual who provides attendant care services and who is employed by and under the direct control of a home health agency (as defined in IC 12-15-34-1).
(2) An individual who provides attendant care services and who is employed by and under the direct control of a licensed hospice program under IC 16-25.
(3) An individual who provides attendant care services and who is employed by and under the control of an employer that is not the individual who is receiving the services.
(4) A practitioner (as defined in IC 25-1-9-2(a)) who is practicing under the scope of the practitioner's license (as defined in IC 25-1-9-3).
As added by P.L.141-2006, SEC.44. Amended by P.L.36-2022, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-2. "Ancillary Services" Defined

Sec. 2. As used in this chapter, "ancillary services" means services ancillary to the basic services provided to an individual in need of self-directed in-home care who needs at least one (1) of the basic services (as defined in section 4 of this chapter). The term includes the following:
(1) Homemaker services, including shopping, laundry, cleaning, and seasonal chores.
(2) Companion services, including transportation, letter writing, mail reading, and escort services.
(3) Assistance with cognitive tasks, including managing finances, planning activities, and making decisions.
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 › 12-10-17.1-3. "Attendant Care Services" Defined

Sec. 3. As used in this chapter, "attendant care services" means those basic and ancillary services that the individual chooses to direct and supervise a personal services attendant to perform and that enable an individual in need of self-directed in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.
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 › 12-10-17.1-4. "Basic Services" Defined

Sec. 4. As used in this chapter, "basic services" means a function that could be performed by the individual in need of self-directed in-home care if the individual did not have a physical disability. The term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, and motor vehicles.
(2) Assistance with routine bodily functions, including:
(A) health related services (as defined in section 5 of this chapter);
(B) bathing and personal hygiene;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007, SEC.67.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-5. "Health Related Services" Defined

Sec. 5. As used in this chapter, "health related services" means those medical activities that, in the written opinion of the attending physician submitted to the case manager of the individual in need of self-directed in-home care, could be performed by the individual if the individual were physically capable, and if the medical activities can be safely performed in the home, and:
(1) are performed by a person who has been trained or instructed on the performance of the medical activities by an individual in need of self-directed in-home care who is, in the written opinion of the attending physician submitted to the case manager of the individual in need of self-directed in-home care, capable of training or instructing the person who will perform the medical activities; or
(2) are performed by a person who has received training or instruction from a licensed health professional, within the professional's scope of practice, in how to properly perform the medical activity for the individual in need of self-directed in-home care.
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 › 12-10-17.1-6. "Individual in Need of Self-Directed In-Home Care" Defined

Sec. 6. As used in this chapter, "individual in need of self-directed in-home care" means an individual with a disability, or person responsible for making health related decisions for the individual with a disability, who:
(1) is approved to receive Medicaid waiver services under 42 U.S.C. 1396n(c), or is a participant in the community and home options to institutional care for the elderly and disabled program under IC 12-10-10;
(2) is in need of attendant care services because of impairment;
(3) requires assistance to complete functions of daily living, self-care, and mobility, including those functions included in attendant care services;
(4) chooses to self-direct a paid personal services attendant to perform attendant care services; and
(5) assumes the responsibility to initiate self-directed in-home care and exercise judgment regarding the manner in which those services are delivered, including the decision to employ, train, and dismiss a personal services attendant.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007, SEC.68.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-7. "Licensed Health Professional" Defined

Sec. 7. As used in this chapter, "licensed health professional" means any of the following:
(1) A registered nurse.
(2) A licensed practical nurse.
(3) A physician with an unlimited license to practice medicine or osteopathic medicine.
(4) A licensed dentist.
(5) A licensed chiropractor.
(6) A licensed optometrist.
(7) A licensed pharmacist.
(8) A licensed physical therapist.
(9) A licensed occupational therapist.
(10) A certified psychologist.
(11) A licensed podiatrist.
(12) A licensed speech-language pathologist or audiologist.
As added by P.L.141-2006, SEC.44. Amended by P.L.197-2007, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-8. "Personal Services Attendant" Defined

Sec. 8. As used in this chapter, "personal services attendant" means an individual who is registered to provide attendant care services under this chapter and who has entered into a contract with an individual and acts under the individual's direction to provide attendant care services that could be performed by the individual if the individual were physically capable.
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 › 12-10-17.1-9. "Self-Directed In-Home Health Care" Defined

Sec. 9. As used in this chapter, "self-directed in-home health care" means the process by which an individual, who is prevented by a disability from performing basic and ancillary services that the individual would perform if the individual did not have a disability, chooses to direct and supervise a paid personal services attendant to perform those services in order for the individual to live in the individual's home and community rather than an institution.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007, SEC.69.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 17.1. Individuals in Need of Self-Directed In-Home Care › 12-10-17.1-10. Registration; Prohibition

Sec. 10. (a) An individual may not provide attendant care services for compensation from Medicaid or the community and home options to institutional care for the elderly and disabled program for an individual in need of self-directed in-home care services unless the individual is registered under section 12 of this chapter.
(b) An individual who is a legally responsible relative of an individual in need of self-directed in-home care, including a parent of a minor individual and a spouse, is precluded from providing attendant care services for compensation 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 › 12-10-17.1-11. Registration Requirement

Sec. 11. An individual who desires to provide attendant care services must register with the division or with an organization designated by the division.
As added by P.L.141-2006, SEC.44.