reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3
Affected: IC 12-10; IC 12-14; IC
				  12-15-2; IC
				  16-28-2
Sec. 2.
(a) The
				definitions in this section apply throughout this rule.
(b) "Applicant" means an individual who has
				directly, or through a responsible party, made application to participate in
				the nursing home prescreening program under IC
				12-10-12 in order to determine the
				appropriateness of the individual's placement in a health facility.
(c) "Admission to a health facility" means as
				soon as an individual is physically present in a health facility unless the
				admittance is designee-approved. A person approved by a designee is considered
				admitted twenty-four (24) hours after entering the facility.
(d) "Bureau" refers to the bureau of aging
				and in-home services established within the division under IC
				12-10-1-1.
(e) "DDARS" or "division" refers to the
				Indiana division of disability, aging, and rehabilitative services.
(f) "Designee" means an individual appointed
				by the prescreening agency, who may authorize temporary admittance to a health
				facility, under IC
				12-10-12-28 through IC
				12-10-12-31.
(g) "Equivalent degree" means a bachelor's
				degree or a master's degree, which meets the following requirements:
(1) The degree is in the same field of study
				as those listed in section 10(c)(1) of this rule.
(2) The degree requires courses comparable to
				the courses required for the degrees listed in section 10(c)(1) of this
				rule.
(3) The degree has a
				different title than the degree listed in section 10(c)(1) of this
				rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-3 - Exemption

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 3.
The prescreening program under IC 12-10-12 applies to all persons applying for admission to a health facility, except that all persons admitted to a health facility prior to implementation of this section on April 30, 1983, are exempted from the prescreening requirement as set out in IC 12-10-12.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-3 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-3 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-3 ) to the Division of Aging ( 455 IAC 1-1-3 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-4 - PAS process

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 4.
(a) The PAS process shall be completed for each individual who has agreed to participate in the PAS program. (b) The PAS process shall consist of the following:
(1) A complete PAS assessment, including the following:
(A) The applicant's medical condition and related service needs.
(B) The applicant's psychosocial status and related service needs.
(C) The applicant's degree of functional impairment and related service needs.
(D) The availability of community services (formal and informal) that are sufficient and appropriate to meet the identified service needs outside of, as opposed to within, a health facility.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-5 - Application

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-7; IC 12-10-12-27.1; IC 16-28-2
Sec. 5.
(a) The individual requesting care in a health facility or the individual's responsible party shall fill out and sign an application for the prescreening program prior to admission to a health facility under IC 12-10-12-7. The application is considered to be completed when it is filled out, signed, and given to a representative of a health facility, the designee, or a member of the prescreening team.
(b) The applicant shall, as part of the application process, state the name, address, and telephone number of the physician that he or she requests to serve on the screening team.
(c) The effective date of the application for prescreening is the date on which the prescribed form is signed by the applicant.
(d) A person in a residential living arrangement who is at risk of institutionalization or who could benefit from home-based care may make a request to the PAS agency in the county in which the applicant resides under IC 12-10-12 prior to application for admission to a health facility to determine if home-based services are available and appropriate. The application will be made to the prescreening agency serving the area in which the applicant resides.
(e) An individual who is a resident of a health facility may request to be screened, as part of a discharge planning process, to determine what services are available to help the individual live outside of the health facility. The application will be made to the prescreening agency serving the area in which the health facility is located.
(f) Requirements for a person residing in another state requesting admission to a health facility in Indiana shall be as follows:
(1) The person must participate in the prescreening program under IC 12-10-12-27.1.
(2) An application for the prescreening program by a person residing in another state shall be made to the prescreening agency serving the county in which the health facility is located, and the availability of community services shall be based on services available in the area in which the health facility is located. Determination is to be rendered within ten (10) days of receipt of the required documents.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-6 - Agency cooperation

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 6.
(a) The county offices of family and children, the Indiana division of mental health, the bureau of developmental disabilities, the office, the division, the prescreening agencies, and all health facilities shall cooperate in the operation of the screening program and shall share such information concerning the applicant as requested by each other, except to the extent that the information is otherwise protected under state or federal law.
(b) The division shall prescribe the forms and procedures and establish the policy to be followed in the implementation of the nursing home prescreening program. The appointed area agencies on aging shall be designated by the division as the prescreening agencies to carry out the duties as outlined in this rule.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-6 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-6 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-6 ) to the Division of Aging ( 455 IAC 1-1-6 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-7 - Prescreening agency; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 7.
The prescreening agency shall do the following:
(1) Seek cooperation from other public and private agencies in the community which offer services to the disabled and elderly.
(2) Provide information and education to the general public regarding availability of the screening program.
(3) Accept prescreening referrals from individuals, families, human service professionals, and health facility personnel.
(4) Assess health and social needs of referred individuals and identification of services needed to maintain these persons in the least restrictive environment.
(5) Identify available noninstitutional services to meet the care needs of individuals referred.
(6) Compute the cost effectiveness of noninstitutional versus health facility services.
(7) Upon receipt of a completed application, immediately schedule the prescreening activities to be completed within the time designated at IC 12-10-12-28 through IC 12-10-12-31 or within twenty-five (25) days for persons making application under IC 12-10-12-7.
(8) Determine the composition of the PAS teams provided for under IC 12-10-12-14. The division may require the PAS agency to seek approval of PAS team members from the division.
(9) Make appointments and fill vacancies on the PAS team and appoint designees under IC 12-10-12-27.
(10) Appoint to the PAS team at the time of each prescreening, the applicant's physician as required in IC 12-1-12-14(b)
[IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]
. In the event that the applicant is unable to specify an attending physician, the prescreening agency may assist to locate a physician who shall be named as a member of the screening team with the approval of the applicant.
(11) Notify each appointee of his or her selection, in writing.
(12) Retain a signed copy of the prescribed notification, application form, and supporting documentation for a period of three (3) years.
(13) Prepare reports as required by the division.
(14) Report to the prosecuting attorney of the county in which the violation occurred the failure of the health facility to notify the individual that he or she must be prescreened prior to admission to the health facility or the failure of the health facility to deliver the signed copy of the notification to the prescreening agency serving the county in which the applicant resides.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-7 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-7 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-7 ) to the Division of Aging ( 455 IAC 1-1-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-8 - Health facility; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 8.
(a) When an individual applies to a health facility for admission, the health facility shall notify the applicant:
(1) that he or she must apply to the prescreening agency for participation in the prescreening program;
(2) that the preadmission screening program consists of an assessment of the applicant's need for care in a health facility made by a team of individuals familiar with the needs of persons seeking admission; and
(3) the penalty that the individual will incur under IC 12-10-12-33 and IC 12-10-12-34 if he or she does not comply with the prescreening program.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-9 - Applicant's physician or physician member of PAS team; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 9.
The applicant's physician or physician member of the screening team shall promptly supply all medical information on the applicant that is necessary to complete the assessment and make the findings required by IC 12-10-12-17 and IC 12-10-12-28 through IC 12-10-12-31.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-9 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-9 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-9 ) to the Division of Aging ( 455 IAC 1-1-9 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-10 - PAS team; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-16; IC 12-10-12-18; IC 12-13-5; IC 12-14
Sec. 10.
(a) The PAS team shall conduct the preadmission assessment pursuant to the policies and procedures prescribed by the division.
(b) The preadmission assessment shall be conducted by the use of the assessment forms developed or approved by the division and shall include the following elements:
(1) Client demographic information.
(2) Present medical condition of client.
(3) Present psychosocial status of client.
(4) Assessment of functional capacity of client.
(5) Present formal or informal services being provided to the client.
(6) Present unmet needs of client.
(7) Formal and informal services that are presently available but are not being provided to the client.
(8) Observations of the PAS team during the on-site visit.
(9) Persons consulted during the screening process.
(10) Client's preference for care.
(11) A preliminary care plan.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-11 - Designee; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 11.
(a) It is the duty of the designee to gather sufficient information to make a decision whether an applicant qualifies for temporary admittance to a health facility under IC 12-10-12-28 through IC 12-10-12-31.
(b) The designee shall submit a decision in writing and supporting documentation regarding the allowance or disallowance of placement in a health facility under IC 12-10-12-28 through IC 12-10-12-31 to the following:
(1) The prescreening agency.
(2) The applicant.
(3) The relevant health facility.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-12 - Office of Medicaid policy and planning; duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-20; IC 12-13-5; IC 12-14
Sec. 12.
(a) The final preadmission screening determination under IC 12-10-12-20(b) shall be rendered by the office within three (3) working days of receipt of the prescreening documentation and recommendation.
(b) The office shall notify:
(1) the applicant;
(2) the prescreening agency; and
(3) the health facility;
in writing of the prescreening determination, including data on alternative community services as identified in the recommendation of the prescreening team.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-13 - Individual compliance with PAS program

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-33; IC 12-10-12-34; IC 12-13-5; IC 12-14
Sec. 13.
(a) It is the responsibility of each prescreening agency to monitor individual compliance with the PAS program and report to the office. It is the responsibility of the office to impose the PAS penalty under IC 12-10-12-33 and IC 12-10-12-34 if there is noncompliance.
(b) Whenever an individual requests Medicaid payment of per diem for care in a health facility, the office must verify that individual's PAS status.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-13 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-13 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-13 ) to the Division of Aging ( 455 IAC 1-1-13 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-14 - Penalties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 14.
(a) A person admitted to a health facility will not incur the penalties set out in IC 12-10-12-33 and IC 12-10-12-34 if authorization for admission from the prescreening agency under IC 12-10-12-28 through IC 12-10-12-31 or approval for admission under IC 12-10-12-20 has been rendered.
(b) A person admitted to a health facility on designee authorization under IC 12-10-12-28 through IC 12-10-12-31 will not incur the penalties set out in IC 12-10-12-33 and IC 12-10-12-34 if, regardless of when the determination is made:
(1) placement in the health facility is determined to be appropriate under IC 12-10-12-20; or
(2) the individual is discharged from the health facility within fourteen (14) days after receipt of the decision that placement in the health facility is determined to be inappropriate.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-15 - Waiver of sanctions

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-23; IC 12-13-5; IC 12-14
Sec. 15.
(a) Application for a waiver under IC 12-10-12-23 of the prescreening sanction may be made to the office. The waiver may be granted if, after investigation, it is found that the conditions under IC 12-10-12-23 were met and if the health facility and hospital when necessary cooperated in the prescreening process promptly. The office shall confer with the prescreening agency to ascertain whether the conditions established in this subsection and IC 12-10-12-23 were met. The office shall maintain written documentation on the waiver decision for a period of not less than three (3) years.
(b) The office shall provide a copy of the findings under IC 12-10-12-23 to the following:
(1) The division.
(2) The prescreening agency.
(3) The applicant.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-16 - Appeals

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12; IC 12-13-5; IC 12-14
Sec. 16.
(a) An applicant aggrieved by a final determination of the office or the division may appeal that determination to the family and social services administration, hearings and appeals office.
(b) The request for a fair hearing must be submitted in writing and signed by the applicant. This request must be received in the family and social services administration, hearings and appeals office within thirty (30) days of the action being appealed. This thirty (30) day period is measured from the date of the applicant's receipt of the PAS decision being appealed.
(c) The office shall provide a copy of the appeal decision to the following:
(1) The division.
(2) The prescreening agency.
(3) The applicant.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 1.
The purpose of the adult protective services program is to provide a legal basis for intervention to protect endangered adults within the state of Indiana by receiving reports regarding adults who may be endangered, investigating those reports and providing a coordinated and proper local response to individual cases as they are substantiated. Responsibility for investigating reports of neglect, battery, or exploitation of endangered adults, as well as for securing the appropriate social, medical, and legal intervention, shall rest with adult protective services units, designated by the division of disability, aging, and rehabilitative services.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-1 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-1 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-1 ) to the Division of Aging ( 455 IAC 1-2-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 2.
(a) The definitions in this section apply throughout this rule.
(b) "APS unit" is the adult protective services unit, charged with receiving and investigating reports regarding endangered adults, located throughout the state in areas designated by DDARS.
(c) "Available services" means services needed by the individual to sustain his or her life, liberty, health or property which can be obtained from a service provider serving the area in which the endangered adult is living, or which could be provided by a willing neighbor, friend, or relative.
(d) "DDARS" is the division of disability, aging, and rehabilitative services.
(e) "Emergency" refers to a situation in which the possibility of immediate physical danger to the adult exists.
(f) "Endangered adult" means an individual who is eighteen (18) years of age or older and who:
(1) is incapable by reason of mental illness, mental retardation, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity, of managing or directing the management of the individual's property or providing self-care; and
(2) is harmed or threatened with harm as a result of:
(A) neglect;
(B) battery; or
(C) exploitation of the individual's personal services or property.
The term includes individuals who are endangered as a consequence of their own inability to care for themselves and who would receive little or no help except through the services of an external intervenor.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-3 - Agency cooperation

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 3.
All appropriate governmental agencies shall cooperate in the implementation of the provisions of IC 12-10-3 and coordinate services to endangered adults and shall share such information concerning the allegation of battery, neglect, exploitation, or endangerment of adults as requested by each other, except to the extent that the information is otherwise protected under state or federal law.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-3 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-3 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-3 ) to the Division of Aging ( 455 IAC 1-2-3 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-4 - Division's duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3-7; IC 12-10-3-10; IC 35-42-2-1; IC 35-46-1-13
Sec. 4.
DDARS shall do the following:
(1) Provide information and education to the general public regarding the existence of the adult protective services law and available services.
(2) Prescribe the forms and procedures to be followed in the implementation of the program.
(3) Contract with entities, as identified at IC 12-10-3-7, to perform the duties of adult protective services units.
(4) Provide training and technical assistance in program operation and service delivery to the units.
(5) Monitor the program and fiscal activities of the units.
(6) Receive all reports of known or suspected neglect, battery, or exploitation which are communicated in person, in writing, or by telephone:
(A) establish and operate a statewide toll-free telephone line, answered twenty-four (24) hours a day, seven (7) days a week;
(B) document the receipt of all reports, by obtaining all necessary information as per IC 12-10-3-10;
(C) make a determination and classify the status of each report upon receipt as either emergency or nonemergency;
(D) refer all emergency reports received to the appropriate law enforcement agency immediately, and notify the appropriate APS unit of the referral to the law enforcement agency; and
(E) refer all nonemergency reports received to the appropriate APS unit within five (5) working days.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-5 - Adult protective services unit's duties

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 5.
The APS unit shall assure that the following activities are
				  carried out:
(1) Secure and maintain a
				full-time equivalent qualified protective services coordinator, as defined in
				455 IAC 1-2-6
[section 6
				of this rule]
.
(2)
				Cooperate with DDARS to provide information and education to the general public
				within the designated area regarding the existence of the adult protective
				services law and available services.
(3) Accept all reports of adult battery,
				neglect and exploitation from individuals, health care and human service
				professionals, institutions, law enforcement officials, DDARS, and other
				sources.
(4) Document the receipt
				of reports on the official report form developed by DDARS, obtaining all
				available and pertinent information.
(5) Conduct an investigation of all reports
				of battery, neglect, and exploitation to ascertain the condition and safety of
				the allegedly endangered adult:
(A)
				immediately when the possibility of physical danger to the adult exists;
				or
(B) as soon as possible after
				receipt of a report (within twenty calendar days).
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-6 - Coordinator's qualifications

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 6.
An adult protective services unit coordinator shall have, at a minimum:
(1) a bachelor's degree in an appropriate area of concentration, with one (1) relevant internship; or
(2) two (2) years of experience in investigation or other relevant work.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-6 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-6 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-6 ) to the Division of Aging ( 455 IAC 1-2-6 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-7 - Complaints regarding residents of health facilities

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3
Affected: IC
				  12-10-3; IC 16-28; IC
				  35-42-2-1; IC
				  35-46-1-13
Sec. 7.
DDARS and the APS unit shall:
(1) refer reports concerning individuals who
				are residents of health facilities licensed under IC 16-28 to the Indiana
				department of health immediately; and
(2) cooperate with the Indiana department of
				health in these cases and carry out the remaining activities of case processing
				at the request of the department; DDARS shall notify the appropriate APS unit
				of the referral to the Indiana department of health, and all APS units shall
				notify DDARS of referrals to the Indiana department of health.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-7 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-7 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-7 ) to the Division of Aging ( 455 IAC 1-2-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-8 - Indiana department of health; duties

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3
Affected: IC
				  12-10-3; IC 16-28; IC
				  35-42-2-1; IC
				  35-46-1-13
Sec. 8.
The Indiana department of health shall:
(1) receive reports of endangered adults who
				are residents of facilities licensed under IC 16-28 from DDARS and the APS
				units;
(2) refer appropriate cases
				(as defined by the Indiana department of health) to DDARS or the APS units for
				investigation, assessment and to assure the provision of protective services;
				and
(3) send completed report forms
				for all reports of endangered adults, whether substantiated or unsubstantiated,
				and whether primarily reported to the Indiana department of health, DDARS or
				the APS units to DDARS for statistical and substantive records.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-8 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-8 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-8 ) to the Division of Aging ( 455 IAC 1-2-8 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-9 - Maintenance of records

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3-13; IC 35-42-2-1; IC 35-46-1-13
Sec. 9.
(a) For substantiated reports, DDARS and the APS units shall maintain identifying records concerning:
(1) reports which identify the endangered adult;
(2) types of protective services provided, and identity of the service provider(s); and
(3) agencies, persons, or institutions who are determined to have permitted or inflicted neglect, battery, or exploitation.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-10 - Reporting battery, neglect, or exploitation

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 10.
(a) Persons shall report known or suspected neglect, battery, or exploitation of an adult to DDARS, an APS unit, or a law enforcement agency by telephone, in writing, or in person.
(b) Requirements for confidentiality of reports shall be as follows:
(1) The identity of the reporting person shall be kept confidential and be disclosed only with the written consent of that person or by judicial process.
(2) In no event, however, shall the identity of the person who made the report be disclosed to an alleged abuser, except by judicial order.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-11 - Rights of the alleged endangered adult

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 11.
(a) Requirements for a right to counsel shall be as follows:
(1) At any time, a person who may be designated an endangered adult has the right to secure legal counsel; either a private attorney or if eligible, a legal services attorney.
(2) If the endangered adult does not consent or has withdrawn consent to receive protective services and a petition has been filed in probate court, the endangered adult is entitled:
(A) to be represented by counsel; and
(B) to have the court appoint counsel if said endangered adult is determined to be indigent.
(3) If the endangered adult is receiving protective services and an individual interferes with the provision of those services, the endangered adult is entitled to be represented by the prosecuting attorney's office in obtaining an order to enjoin the interference with the delivery of the service.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 2 - Adult Protective Services › Section 2-12 - Appeal rights of the allegedly endangered adult

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 4-21.5; IC 12-10-3; IC 35-42-2-1; IC 35-46-1-13
Sec. 12.
(a) An endangered adult, aggrieved by an action of the adult protective services unit or by DDARS regarding adult protective services may appeal that action to DDARS, after attempting to resolve the problem with the APS unit.
(b) The decision to conduct an investigation pursuant to a report under IC 12-10-3, is not appealable.
(c) The request for a hearing must be submitted in writing and signed by the appellant or his/her representative. This request must be received by DDARS within thirty (30) calendar days of the appellant's notification of the action being appealed.
(d) DDARS shall hold the hearing within thirty (30) calendar days after receipt of the request for a hearing.
(e) The hearing shall be conducted in accordance with the Indiana Administrative Orders and Procedures Act, IC 4-21.5.
(f) DDARS shall notify the appellant and the adult protective services unit by registered mail of the appeal decision within ten (10) calendar days after the hearing.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-2-12 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-2-12 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-2-12 ) to the Division of Aging ( 455 IAC 1-2-12 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 3 - Residential Care Assistance Program Reimbursement › Section 3-1 - Policy; scope

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10-6
Affected: IC 12-30; IC 16-28
Sec. 1.
(a) This rule
				sets forth the per diem rate for reimbursement of providers providing
				residential care to recipients receiving residential care assistance from the
				division.
(b) Reimbursement is
				contingent upon current licensure by the Indiana department of health for
				facilities requiring licensure and a current provider agreement with the
				division.
(c) The per diem
				reimbursements set forth a per diem rate that is based on the costs that must
				be incurred by efficiently and economically operated facilities in order to
				provide room, board, laundry, and other services, along with administrative
				direction to recipients.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.3-1 ) to the Division of Aging ( 455 IAC 1-3-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 3 - Residential Care Assistance Program Reimbursement › Section 3-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30; IC 16-28
Sec. 2.
(a) The definitions in this section apply throughout this rule.
(b) "County home" means a residential facility owned, staffed, maintained, and operated by a county government that provides residential care to individuals.
(c) "Division" means the division of disability, aging, and rehabilitative services.
(d) "Facility" means a county home or residential home with a current contract with the division to provide residential care assistance.
(e) "Recipient" means an individual who is receiving residential care assistance.
(f) "Residential care" means room, board, and laundry, along with minimal administrative direction.
(g) "Residential care assistance" means state financial assistance through the division for residential care.
(h) "Residential home" means a facility licensed under IC 16-28 or an accredited Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organization/Facilities, Inc., that meets certain life safety standards considered necessary by the state fire marshal, that provides residential care to individuals.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.3-2 ) to the Division of Aging ( 455 IAC 1-3-2 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 3 - Residential Care Assistance Program Reimbursement › Section 3-3 - Per diem reimbursement rates

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-10-6-4; IC 12-30; IC 16-28
Sec. 3.
(a) Subject to the availability of funds appropriated for the residential care assistance program, a facility that is not licensed under IC 16-28 that is providing residential care shall receive per diem reimbursement of twenty-seven dollars ($27) for each recipient. If such facility charges the general public a rate of less than twenty-seven dollars ($27), the facility shall receive per diem reimbursement from the division equal to the rate the facility charges the general public.
(b) Subject to the availability of funds appropriated for the residential care assistance program, a facility that is licensed under IC 16-28 that is providing residential care shall receive per diem reimbursement of thirty-nine dollars and thirty-five cents ($39.35) for each recipient receiving residential care assistance from the division. This per diem reimbursement takes into account the rules for residential care for facilities that are licensed under IC 16-28. If such facility charges the general public a rate of less than thirty-nine dollars and thirty-five cents ($39.35), the facility shall receive per diem reimbursement from the division equal to the rate the facility charges the general public.
(c) If a recipient has applied excess income toward residential care assistance pursuant to IC 12-10-6-4(b), the amount paid by the division to the affected provider will be reduced by the amount received by the recipient.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.3-3 ) to the Division of Aging ( 455 IAC 1-3-3 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 3 - Residential Care Assistance Program Reimbursement › Section 3-4 - Annual review of per diem reimbursement rate

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30; IC 16-28
Sec. 4.
(a) By March 1 of each year, providers receiving reimbursement from the division to provide residential care shall submit on a form approved by the division a summary of the provider's costs.
(b) Based upon the cost information submitted pursuant to subsection (a), the division shall annually review the per diem reimbursement rates established by this article.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.3-4 ) to the Division of Aging ( 455 IAC 1-3-4 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 4 - Residential Care Assistance Program › Section 4-1 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30; IC 16-28
Sec. 1.
(a) The definitions in this section apply throughout this rule.
(b) "County home" means a residential facility owned, staffed, maintained, and operated by a county government that provides residential care to individuals.
(c) "County office" means the county office of family and children.
(d) "Division" means the division of disability, aging, and rehabilitative services.
(e) "Residential care" provided in a county home is nonmedical assistance provided to a resident. Residential care provided in a residential home is room, board, and laundry, along with minimal administrative direction.
(f) "Residential care assistance" means state financial assistance through the division paid on behalf of a resident of a county home or residential home who has been found to be eligible for assistance.
(g) "Residential home" means a residential care setting licensed under IC 16-28 or an accredited Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., that meets certain life safety standards considered necessary by the state fire marshal.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.6-1 ) to the Division of Aging ( 455 IAC 1-4-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 4 - Residential Care Assistance Program › Section 4-2 - Eligibility for assistance for county home residents

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30
Sec. 2.
(a) An individual is eligible for residential care assistance in a county home if the individual:
(1) is at least sixty-five (65) years of age, blind, or disabled;
(2) is a resident of a county home; and
(3) would be eligible for federal Supplemental Security Income assistance except for the fact that the individual is residing in a county home.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 4 - Residential Care Assistance Program › Section 4-3 - Eligibility for assistance in a residential home

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-10-6
Sec. 3.
(a) An individual is eligible for residential care assistance in a residential home if the individual:
(1) is a current recipient of Medicaid or federal Supplemental Security Income benefits; and
(2) can be adequately cared for in a residential care setting.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 4 - Residential Care Assistance Program › Section 4-4 - Continuing financial eligibility

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30
Sec. 4.
An individual who is receiving residential care assistance and has an increase in income that would render the individual ineligible for residential care assistance may elect to continue to be eligible for residential care assistance by paying the excess income to the county home or residential home that provides residential care to the individual.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.6-4 ) to the Division of Aging ( 455 IAC 1-4-4 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 4 - Residential Care Assistance Program › Section 4-5 - Annual review

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-6
Affected: IC 12-30
Sec. 5.
Eligibility for residential care assistance shall be redetermined by the county office on an annual basis, upon a change in the eligible individual's status as a recipient of Medicaid or federal Supplemental Security Income benefits, or upon a change in the medical status of a resident of a county home that would render the resident ineligible for federal Supplemental Security Income benefits.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-3.6-5 ) to the Division of Aging ( 455 IAC 1-4-5 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 5 - Community and Home Options to Institutional Care for the Elderly and Disabled Program › Section 5-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10
Sec. 1.
The purpose of this rule is to implement the community and home options to institutional care for the elderly and disabled program, authorized by IC 12-10-10, which provides case management services, assessment, and in-home and community services to individuals who are at least sixty (60) years of age or persons of any age who have a disability due to a mental or physical impairment and who are found to be at risk of losing their independence.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-4-1 ) to the Division of Aging ( 455 IAC 1-5-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 5 - Community and Home Options to Institutional Care for the Elderly and Disabled Program › Section 5-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-7-2-184; IC 12-10
Sec. 2.
As used in this rule, the following definitions apply:
(1) "AAA" refers to the agency designated by the bureau in each planning and service area under IC 12-10-1-4(18).
(2) "Adult day care services" means the provision of a comprehensive structured program in a protective setting during the daytime and early evening hours.
(3) "Advocate" means any legal representative or any other person whom the applicant or participant chooses to assist him or her at any stage of the appeals process.
(4) "Applicant" means an individual who resides in Indiana and who has submitted an application to the area agency on aging for the CHOICE program.
(5) "At risk of losing the individual's independence" means that the individual meets the criteria specified in IC 12-10-10-4(b).
(6) "Attendant care services" means assistance with nonmedical personal care services such as:
(A) personal hygiene activities;
(B) ambulation and transfer of the individual;
(C) assisting the individual with communication;
(D) disposal of bodily waste;
(E) meeting the individual's nutritional needs; and
(F) ensuring the individual's physical safety.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 5 - Community and Home Options to Institutional Care for the Elderly and Disabled Program › Section 5-3 - Selection of local administrative units

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10-1
Sec. 3.
(a) The division shall contract with the AAAs to administer CHOICE funds. These activities include local administrative functions, including, but not limited to, the following:
(1) Budgeting.
(2) Case management.
(3) Oversight.
(4) Monitoring.
(5) Quality assurance.
(6) Submission of fiscal claims to the division.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 5 - Community and Home Options to Institutional Care for the Elderly and Disabled Program › Section 5-4 - Participant involvement in decision making

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10; IC 16-36-1
Sec. 4.
(a) An individual has the right to be involved in the formulation of the care plan and shall be involved at every stage of decision making regarding his or her care and living situation.
(b) If the case manager has reason to believe that an individual lacks the capacity to make a knowing and informed decision regarding his or her own care, the case manager shall consult with the individual's physician. The individual's physician shall make a determination regarding the individual's capacity to make a knowing and informed decision. If the physician determines that the individual lacks the capacity to make a knowing and informed decision regarding his or her own care, the application and the care plan and any revisions must be approved and signed by the individual's CHOICE representative.
(1) An individual's CHOICE representative is any person who is legally authorized to make health care decisions on behalf of the individual under IC 16-36-1.
(2) If there is no person authorized to make health care decisions on behalf of the individual, then the individual's attending physician may act as the individual's CHOICE representative.