reglab/statecodes huggingface dataset:
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 5-5 - Assessment

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10
Sec. 5.
(a) The long term care services eligibility screen developed by the division shall be used by the AAA to assess the applicant's risk of losing his or her independence and to assist in the development of a care plan if appropriate.
(b) Every applicant is eligible for an assessment. Applicants shall not be charged a fee for the assessment.
(c) The initial application and approval of the care plan must be signed by the applicant or by his or her CHOICE representative.
(d) Before each assessment, an explanation of the following must be given to the applicant:
(1) The purpose of the CHOICE assessment.
(2) The applicant's right to decide at any time to stop the process, and to refuse the offered in-home and community services.
(3) The applicant's right to appeal AAA decisions regarding eligibility or services to be provided.
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 5-6 - Care plan

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-3; IC 12-10-10
Sec. 6.
(a) If the applicant is eligible for CHOICE services, the AAA shall develop a care plan regardless of the applicant's income and assets.
(b) Notwithstanding subsection (a), a care plan shall not be developed in any of the following circumstances:
(1) If the applicant or his or her CHOICE representative does not want to proceed with the development of a care plan.
(2) If the applicant or his or her CHOICE representative refuses to release the information that is necessary to develop a care plan.
(3) If the AAA does not have the resources, within the available funds, to develop and carry out a care plan.
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 5-7 - Duties of the AAA

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-3; IC 12-10-10
Sec. 7.
(a) Each AAA shall maintain individual case records for each individual who applies for or receives services. Each individual's records shall be maintained by the AAA for a minimum of three (3) years after the individual's termination from the program or other final action.
(b) The AAA shall maintain the confidentiality of CHOICE files and records at all times. Such files and records shall not be disclosed except:
(1) to the individual or his or her CHOICE representative;
(2) to a person representing the individual in an appeal from a CHOICE decision;
(3) to the division or other state agencies for purposes of securing in-home and community services;
(4) to an adult or child protective services investigator under IC 12-10-3 and IC 31-6-11-3
[IC 31-6 was repealed by P.L. 268-1995, SECTION 17, effective July 1, 1995.]
;
(5) under court order; or
(6) as authorized by the individual or his or her CHOICE representative.
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 5-8 - Cost sharing

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-11-8
Sec. 8.
(a) Cost sharing is a method of cost reimbursement for those individuals who can pay all or a portion of the cost of CHOICE services rendered under IC 12-10-11-8(11).
(b) Each AAA shall comply with the cost of services formula established under IC 12-10-11-8(11).
(c) The collection of cost share shall be the responsibility of the AAA in conjunction with the service provider.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-4-8 ) to the Division of Aging ( 455 IAC 1-5-8 ) 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 5-9 - Conflicts of interest

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10
Sec. 9.
(a) The AAA shall not contract for CHOICE services with any service provider that is owned or controlled by a member of the AAA's board of directors or a member of the AAA's staff.
(b) The AAA shall not contract for CHOICE services with any service provider that is owned or controlled by a relative (father, mother, brother, sister, uncle, aunt, husband, wife, son, daughter, son-in-law, daughter-in-law, grandmother, grandfather, grandson, or granddaughter) of any member of the AAA's board of director or executive staff, including the executive director.
(c) An AAA that wishes to contract with a service provider contrary to this section, due to the lack of an alternative provider or because it is in the best interest of the participant, must request and be granted a waiver from the division.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-4-9 ) to the Division of Aging ( 455 IAC 1-5-9 ) 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 5-10 - Appeals

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 4-21.5-1; IC 4-21.5-3-27; IC 12-10-10
Sec. 10.
(a) Except as provided in subsection (b), applicants, participants, or their CHOICE representative shall have a right to appeal decisions regarding CHOICE eligibility and services if:
(1) they are found ineligible for the CHOICE program;
(2) they disagree with the decision either to deny a service which they believe they should receive or to discontinue or reduce a particular service which they are currently receiving; and
(3) they believe that any decision made or action taken concerning the CHOICE services they receive was not appropriate or in their best interests.
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 5-11 - Guidelines and procedures

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-10-6
Affected: IC 12-10-10
Sec. 11.
(a) CHOICE guidelines and procedures shall be established by the division for the effective management of the program. These shall be in the form of a published manual.
(b) Revisions of the CHOICE guidelines and procedures may occur in the following circumstances:
(1) As necessary, as determined by the division, to provide clarity and consistency of program activities.
(2) CHOICE guidelines and procedures shall be open for comment at least annually.
(3) Revisions to the CHOICE guidelines and procedures may be made by the division after consideration of consumer needs, AAA recommendations, state law, division policy, or CHOICE board recommendations.
(4) The division shall provide notice to the public of revisions in guidelines and procedures by publications in the CHOICE board agenda posted before each meeting in the office of the division, bureau of aging and in-home services. Comments and recommendations for revision may be given during an official CHOICE board meeting.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7
Sec. 1.
The purpose of this rule is to implement the adult guardianship services program authorized by IC 12-10-7, which includes the provision of full guardianships and least restrictive services to indigent adults who are unable to care for themselves properly or manage their own affairs without assistance due to certain incapacities or developmental disabilities. Program services include the identification and evaluation of adults who may need adult guardianship services.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-1 ) to the Division of Aging ( 455 IAC 1-6-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-9-1-1; IC 12-10; IC 16-36-1; IC 29-3-8; IC 30-5
Sec. 2.
The following definitions apply throughout this rule:
(1) "Adult guardianship services" includes full guardianship and least restrictive services.
(2) "BAIHS" or "bureau" refers to the bureau of aging and in-home services established under IC 12-10-1-1, which monitors and coordinates the adult guardianship services program.
(3) "Division" or "DDARS" refers to the division of disability, aging, and rehabilitative services as established under IC 12-9-1-1.
(4) "Dual signature checking account" means an account that allows a recipient to write checks on his or her own but requires another person's signature before the checks are valid.
(5) "Guardian" means an individual or organization named by order of a court to exercise any or all powers specified in IC 29-3-8.
(6) "Incapacitated individual" means an individual as defined in IC 12-10-7-1.
(7) "Indigent adult" means an individual as defined in IC 12-10-7-2.
(8) "Least restrictive" means a course of action that allows the individual to live, learn, and work in a setting that places as few limits on the individual's rights and personal freedoms as appropriate to meet the needs of the individual.
(9) "Least restrictive services" refers to those services specified in IC 12-10-7-8.
(10) "Protected person" means an individual for whom a guardian has been appointed.
(11) "Provider" means an entity designated by the division under section 3 of this rule.
(12) "Recipient" means an individual receiving guardianship or least restrictive services.
(13) "Region" means a population or geographic area identified in a provider's adult guardianship services plan and approved by the division.
(14) "Representative" means any person who is legally authorized to make decisions on behalf of another under IC 16-36-1, or a power of attorney under IC 30-5.
(15) "Representative payee" means an individual or organization as defined in IC 12-10-14-2.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-2 ) to the Division of Aging ( 455 IAC 1-6-2 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-3 - Selection of providers

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8; IC 29-3
Sec. 3.
(a) The division shall contract in writing with the designated adult guardianship services provider.
(b) In order to be designated as an adult guardianship services provider, an interested agency shall submit a proposal and an adult guardianship services plan to the division. The plan shall contain the following:
(1) The population or geographic area to be served.
(2) Qualifications and policies for the selection of employees.
(3) The referral and intake process.
(4) The assessment and reassessment process.
(5) Functions that volunteers may perform in the program.
(6) Policies and procedures for recruiting, training, and assigning volunteers.
(7) Policies and procedures for case filedocumentation and record keeping.
(8) A description of the manner in which ongoing cases will be evaluated and monitored.
(9) The criteria by which program activities will be evaluated.
(10) Policies and procedures for prioritization of eligible individuals on waiting lists for adult guardianship services.
(11) A description of the development of the budget, including a breakdown of proposed spending on adult guardianship services, assessments, service plan development, reassessments, provider administration, and any other appropriate costs.
(12) Procedures to avoid a conflict of interest for the provider in providing adult guardianship services to each recipient.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-4 - Participant involvement in decision making

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8
Sec. 4.
An individual referred to the provider or the individual's representative shall be involved in the formation of the service plan and shall be consulted at every stage of decision making.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-4 ) to the Division of Aging ( 455 IAC 1-6-4 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-5 - Assessment

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7
Sec. 5.
(a) The provider shall use the adult guardianship assessment instrument developed by the division to assess whether an individual referred to the provider is indigent or incapacitated, or both, and to assist in the development of a service plan to meet the individuals' needs.
(b) Within the availability of funds, every individual who is referred to the provider is eligible for an initial assessment. Individuals shall not be charged a fee for the initial assessment.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-5 ) to the Division of Aging ( 455 IAC 1-6-5 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-6 - Service plan

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8
Sec. 6.
(a) If the individual referred to the provider is determined through the assessment to be eligible for adult guardianship services, the provider shall formulate and adopt an individualized service plan that provides the least restrictive service.
(b) The service plan shall describe each of the following:
(1) The individual's primary difficulties.
(2) The reason the individual was referred to the provider.
(3) The services needed and referrals made to obtain those services.
(4) Short term and long term objectives.
(5) Rationale for services.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-7 - Specific tasks of the provider

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8; IC 29-3
Sec. 7.
The provider shall perform the following duties:
(1) Provide adequate physical security of confidential data.
(2) Maintain a file for each protected person that documents any and all actions taken.
(3) Participate in contract performance reviews as requested by BAIHS.
(4) Develop program guidelines, policies, and procedures that conform to all applicable state and federal laws and BAIHS policies.
(5) Keep records and make reports as required by BAIHS and the court.
(6) Recruit and train appropriate volunteers as guardian assistants.
(7) Provide guidance and oversight to guardian assistants in the performance of their assigned duties.
(8) Recruit attorneys to provide legal services necessary to obtain guardianship services, preferably on a pro bono or reduced fee basis.
(9) Assist attorneys, as appropriate, in preparing material for legal presentation to the court.
(10) Assess each referred person to determine eligibility for guardianship or least restrictive services.
(11) Assure active participation of the adult guardianship services committee in determining the necessity of a guardianship or least restrictive service for each assessed individual.
(12) Perform all duties in accordance with IC 29-3 and any court order.
(13) Assess each recipient's income and disburse payment as appropriate for recipients receiving representative payee services.
(14) Maintain a separate account for each recipient whose funds are handled by the provider.
(15) Perform tasks associated with handling recipient funds in a manner that assures provider fiscal accountability.
(16) Monitor and evaluate all program activities on an ongoing basis.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-7 ) to the Division of Aging ( 455 IAC 1-6-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-8 - Provider policy conformance

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8
Sec. 8.
(a) The provider shall coordinate with service providers in the area to obtain necessary direct services for the recipient. The provider shall not provide any other service to the recipient directly except guardianship and least restrictive services.
(b) If the direct services are not available from another provider, or if there are extraordinary circumstances making the provision of those services by the provider preferable, the provider must request a waiver from the division. The division may grant a waiver if there are no other providers available and willing to provide the direct services.
(c) The provider shall use standardized adult guardianship services program forms provided by the BAIHS.
(d) Where the assessment of an individual indicates the need for guardianship, the provider shall seek guardianship appointments from the court and may serve as the guardian. The provider shall provide least restrictive services.
(e) The provider shall not subcontract for the provision of guardianship or any least restrictive service or in any way delegate responsibility for any guardianship or least restrictive service.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-8 ) to the Division of Aging ( 455 IAC 1-6-8 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-9 - Confidentiality

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8
Sec. 9.
(a) The provider shall receive and maintain all information, including, but not limited to, recipient information in a confidential manner.
(b) All recipient information shall remain confidential, and access shall be limited to authorized employees of the provider.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-9 ) to the Division of Aging ( 455 IAC 1-6-9 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 6 - Adult Guardianship Services Program › Section 6-10 - Conflict of interest

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-7-7
Affected: IC 12-10-7-8
Sec. 10.
(a) The provider shall avoid even the appearance of a conflict of interest or impropriety when dealing with the needs of the recipient. Impropriety or conflict of interest refers to a situation in which the provider has a personal or financial interest, or both, that may be perceived as self-serving or adverse to the position or the best interest of the recipient.
(b) Employees of the provider shall be free from conflict of interest.
(c) The provider's adult guardianship services program volunteers shall be free from conflict of interest.
(d) The provider's adult guardianship services program advisory committee shall have a written plan for resolving conflicts of interest.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-5-10 ) to the Division of Aging ( 455 IAC 1-6-10 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 7 - Alzheimer's Disease and Related Senile Dementia Program › Section 7-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-4-6
Affected: IC 12-10-4
Sec. 1.
The purpose of this rule is to establish criteria for the award of grants to be used for Alzheimer's disease and related senile dementia activities and to govern respite care pilot projects established under the Alzheimer's disease and related senile dementia program.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-6-1 ) to the Division of Aging ( 455 IAC 1-7-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 7 - Alzheimer's Disease and Related Senile Dementia Program › Section 7-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-4-6
Affected: IC 12-9-1-1; IC 12-10-5-2; IC 12-10-10-1
Sec. 2.
The following definitions apply throughout this rule:
(1) "Adult day care services" refers to the provision of a comprehensive structured program in a protective setting during the daytime and early evening hours.
(2) "Alzheimer's disease" refers to a progressive degenerative disease that attacks the brain and results in impaired memory, thinking, and behavior as diagnosed by a qualified physician.
(3) "Alzheimer's disease and related senile dementia program" or "Alzheimer's program" refers to the program established under IC 12-10-4
[IC 12-10-4 was repealed by P.L. 153-2011, SECTION 20, effective July 1, 2011.]
.
(4) "Dementia" or "related senile dementia" refers to a group of symptoms identified by a qualified physician, including, but not limited to, a decline in intellectual functioning that is severe enough to interfere with the ability of an individual diagnosed with related senile dementia to perform routine activities.
(5) "Division" refers to the division of disability, aging, and rehabilitative services established under IC 12-9-1-1.
(6) "Institutional care" refers to continuous, twenty-four (24) hour residential care provided by facilities such as the following:
(A) Hospitals and nursing facilities.
(B) Intermediate care facilities for the mentally retarded.
(C) Community residential facilities for developmentally disabled.
(D) State owned and operated institutions.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 7 - Alzheimer's Disease and Related Senile Dementia Program › Section 7-3 - Grants

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-4-6
Affected: IC 12-10-4-1; IC 12-10-4-5
Sec. 3.
(a) The division may make grants available for the following:
(1) Training and development of training materials for individuals listed in IC 12-10-4-1
[IC 12-10-4 was repealed by P.L. 153-2011, SECTION 20, effective July 1, 2011.]
who participate or assist in the care or treatment of individuals diagnosed with Alzheimer's disease or related senile dementia.
(2) Pilot programs or services, including respite care, adult day care, and other services necessary to prevent premature institutionalization of individuals with Alzheimer's disease and related senile dementia.
(3) Studies or research related to Alzheimer's disease and related senile dementia.
(4) Education or development of educational materials for individuals listed in IC 12-10-4-1
[IC 12-10-4 was repealed by P.L. 153-2011, SECTION 20, effective July 1, 2011.]
who participate or assist in the care or treatment of individuals diagnosed with Alzheimer's disease or related senile dementia.
(5) Other projects or services necessary to reduce or prevent premature institutionalization of individuals diagnosed with Alzheimer's disease or related senile dementia.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 7 - Alzheimer's Disease and Related Senile Dementia Program › Section 7-4 - Selection criteria

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-4-6
Affected: IC 12-10-4-5
Sec. 4.
Application for grants shall be reviewed and selected based on the following criteria:
(1) Timely submission of all information required in the division's announcement of available grant funds.
(2) Clear definition of the problems or issues to be addressed through the project.
(3) Project or service goals specified in the application.
(4) Statement of specific and measurable objectives directed at reaching the stated goals.
(5) Statement of strategies to be used to meet each objective.
(6) Identification of resources, other than grant funds, including a plan for obtaining other resources for continuation of the project after the grant period, when applicable.
(7) Attention to the needs of underserved groups identified in the application.
(8) Appropriate budget information, using the budget form provided by the division.
(9) Plan for evaluating outcomes of the project.
(10) Letters of support.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-6-4 ) to the Division of Aging ( 455 IAC 1-7-4 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 7 - Alzheimer's Disease and Related Senile Dementia Program › Section 7-5 - Consultation

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10-4-6
Affected: IC
				  12-10-4-3
Sec. 5.
The division shall consult with the following entities, as
				  necessary, in developing and evaluating activities and services for which grant
				  funds are available under section 3 of this rule:
(1) The division of mental health.
(2) The department of health.
(3) The task force.
(4) Other organizations knowledgeable about
				Alzheimer's disease and related senile dementia, or who have an interest in the
				welfare of individuals with Alzheimer's disease and related senile
				dementia.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-6-5 ) to the Division of Aging ( 455 IAC 1-7-5 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 1.
The purpose of this rule is to implement the long term care ombudsman program authorized by IC 12-10-13-17 and 42 U.S.C. 3058g which includes identifying, receiving, investigating, resolving, or attempting to resolve complaints and concerns regarding the health, safety, welfare, or rights of residents.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-1 ) to the Division of Aging ( 455 IAC 1-8-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-3 - Appointment of the state long term care ombudsman; qualifications

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-8; IC 12-10-13-10
Sec. 3.
(a) The director of the division shall appoint an individual as state long term care ombudsman to direct the office on a full-time basis.
(b) An individual appointed as state ombudsman shall have the following qualifications:
(1) A bachelor's degree.
(2) Experience in the field of gerontology or long term care. An individual has experience in the field of gerontology if he or she has at least one (1) year working experience in a setting or in an agency, public or private, that provides directly or arranges for the provision of services to older individuals.
(3) Knowledge of laws and regulations pertaining to long term care, including Title XVIII and Title XIX of the Social Security Act and the legal system serving older adults, persons with disabilities, and low-income individuals.
(4) Experience with dispute resolution techniques, including, but not limited to, investigation, mediation, and negotiation. This requirement is satisfied if the individual has had training in dispute resolution techniques.
(5) Expertise and familiarity in the fields of long term care and advocacy. This requirement is satisfied if the individual has at least one (1) year working experience in an agency, public or private, that represents the interests or rights of vulnerable individuals.
(6) No conflict of interest as required by this rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-5 - Local ombudsman entity; designation; term; dedesignation; notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-4.5; IC 12-10-13-13
Sec. 5.
(a) The state ombudsman may designate local ombudsman entities to carry out the duties specified in section 6 of this rule. The state ombudsman shall consult with the division in the selection of a local ombudsman entity. (b) An entity applying for designation must:
(1) be a public or private nonprofit entity;
(2) have demonstrated capability to carry out duties of the ombudsman program, such as experience in advocating for the individual and collective rights of vulnerable individuals; and
(3) be free of conflicts of interest as required by this rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-6 - Responsibilities of local ombudsman entity

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 6.
The local ombudsman entity shall:
(1) assure continual ombudsman coverage by a designated and certified ombudsman;
(2) remain free of conflicts of interest as defined in this rule;
(3) provide nonombudsman program related supervision, i.e., attendance, appropriate office behavior, etc.;
(4) provide space, phone, computer access, utilities, supplies, postage, mail service, and other program support;
(5) inform the office prior to dismissal of a local ombudsman for reasons unrelated to the duties of the office;
(6) adhere to all the state and federal laws, regulations, and rules governing the Indiana long term care ombudsman program;
(7) not give the local ombudsman other job assignments that conflict with ombudsman responsibilities; and
(8) provide confidentiality to the state ombudsman, to the local ombudsman, to the office, to residents, to families, and to anyone filing a complaint on behalf of a resident.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-6 ) to the Division of Aging ( 455 IAC 1-8-6 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-7 - Responsibilities of state ombudsman as to local ombudsman entity

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 7.
The state ombudsman shall:
(1) provide programmatic direction, instruction, guidance, and assistance to the local ombudsman entity;
(2) assess the local ombudsman entity;
(3) assess the local ombudsman's performance in consultation with the local ombudsman entity; and
(4) involve the local ombudsman entity in program planning and policy development.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-7 ) to the Division of Aging ( 455 IAC 1-8-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-8 - Local ombudsman; designation; exemption; certification; dedesignation; notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-4.5; IC 12-10-13-13
Sec. 8.
(a) The state ombudsman may designate a local ombudsman as representative of the office to carry out the duties specified in section 9 of this rule. If the local ombudsman is housed in a local ombudsman entity, the state ombudsman shall consult with the local ombudsman entity in the designation process.
(b) In order to be designated as a local ombudsman, an individual shall meet the following criteria:
(1) Have a bachelor's degree in counseling, gerontology, nursing, psychology, sociology, social work, physical, occupational, or recreational therapy, special education, rehabilitation counseling, or other human services field or have at least four (4) years work experience in the field of long term care. Accredited college training in the areas listed above may substitute for the required work experience on a year-for-year basis.
(2) Successfully complete the Indiana long term care ombudsman program training and certification program.
(3) Be free of conflicts of interest as required by this rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-9 - Duties of the local ombudsman

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10-13-17
Affected: IC
				  12-10-13
Sec. 9.
The local ombudsman shall perform the following
				  duties:
(1) Identify, investigate,
				resolve, or attempt to resolve complaints made by or on behalf of residents
				that relate to actions, inactions, or decisions that may adversely affect the
				health, safety, welfare, or rights of residents. The local ombudsman shall
				inform the complainant, the resident, or their legal representatives of the
				findings of an investigation or the reasons why a complaint cannot be
				investigated.
(2) Provide services
				to protect the health, safety, welfare, and rights of long term care facility
				residents, including, but is not limited to:
(A) information and referral services;
				and
(B) education and training for
				residents, their family members, staff of long term care facilities, and the
				public.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-10 - Volunteer ombudsman; designation; certification; dedesignation

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-4.5
Sec. 10.
(a) The state ombudsman may designate a volunteer ombudsman to perform specific office duties.
(b) To be designated as a volunteer ombudsman, an individual shall:
(1) successfully complete the Indiana long term care volunteer ombudsman program training; and
(2) be free of conflicts of interest as required by this rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-11 - Conflict of interest; state ombudsman and state level office staff

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 11.
Any individual who has the following conflicts of interest, or any individual who has an immediate family member with these conflicts of interest, shall not be appointed as state ombudsman or to the staff of the state office:
(1) Having a financial interest in a long term care facility or a long term care service within three (3) years before the date of appointment.
(2) Employment in a long term care facility within one (1) year before the date of appointment.
(3) Current direct involvement in the licensing or certification of a long term care facility or a provider of a long term care service.
(4) Current employment in, contractual arrangement with, or participation in the management of a long term care facility.
(5) Current membership in a trade association of long term care facilities.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-11 ) to the Division of Aging ( 455 IAC 1-8-11 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-12 - Conflict of interest; board members, officers, and employees of local ombudsman entities

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 12.
(a) Board members of the local ombudsman entity who are not free from conflicts of interest shall not participate in any discussion or vote on any matters pertaining to the program, and such recusal shall be made a part of the minutes or other official record of the local entity's board of directors or other comparable governing body. Such conflicts of interest include the following:
(1) Current direct involvement in the licensing or certification of a long term care facility or a provider of a long term care service.
(2) Current employment in, contractual arrangement with, or participation in the management of a long term care facility.
(3) A current financial interest in a long term care facility or a long term care service.
(4) Current membership in a trade association of long term care facilities.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-13 - Conflict of interest; local ombudsman and volunteer ombudsman; family members

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 13.
(a) In order to receive designation or certification, or to avoid dedesignation, as a local ombudsman or a volunteer ombudsman, an individual shall be free from conflicts of interest, which include the following:
(1) A financial interest in a long term care facility or a long term care service within three (3) years before the date of designation.
(2) Acting as local ombudsman or volunteer ombudsman in a long term care facility in which the individual was employed within one (1) year before the date of designation.
(3) Current direct involvement in the licensing or certification of a long term care facility or a provider of long term care service.
(4) Current employment in, contractual arrangement with, or participation in the management of a long term care facility.
(5) Current membership in a trade association of long term care facilities.
(6) Currently serving as an officer of a local ombudsman entity.
(7) Currently serving as a supervisor of other programs that may come in conflict with the duties of the ombudsman program.
(8) Currently performing duties or providing services other than those required in this rule that are in conflict with, or that may create a conflict with, the duties required in this rule.
(9) Currently serving as:
(A) a resident's agent;
(B) a resident's legal representative;
(C) the sole witness for do not resuscitate orders or other medical directives; or
(D) a member of a long term care facility's ethics committee which makes medical decisions for residents.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-14 - Ombudsman program records; confidentiality; access; disclosure of identity of complainant or resident

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-16.4; IC 12-10-13-16.8
Sec. 14.
(a) All program records developed or maintained by the local ombudsman or volunteer ombudsman in the course of work for the office become the property of the office.
(b) All program records shall be kept confidential and released only pursuant to state law and this rule.
(c) Ombudsman program records shall be maintained in secure files to ensure confidentiality. Measures shall be implemented by the division and the local ombudsman entity to ensure confidentiality to the local ombudsman, state ombudsman, and the state level staff of the office with respect to the receipt of complaints by mail, fax, telephone, or personal interview, which measures shall include means for the delivery of mail, addressed to representatives of the office by name or title, unopened.
(d) Access to program records shall be limited to the following, and to them only for purposes associated with their official duties:
(1) The state ombudsman.
(2) The state level staff of the office.
(3) The local ombudsman.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-15 - Access to facilities and facilities' records

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 5-14-3-8; IC 12-10-13-16.2; IC 12-10-13-16.5
Sec. 15.
(a) Representatives of the office shall have access to long term care facilities at all times.
(b) Representatives of the office shall have access to those records of a long term care facility that residents or the general public have access to as a matter of law, or to records or documentation when such records or documentation are
[sic., is]
relevant to a complaint or an investigation and disclosure is not prohibited by state or federal laws or regulations governing the confidentiality of such records or documentation. Records and documentation of a long term care facility are relevant if they relate to or address the subject matter of the complaint or investigation.
(c) Representatives of the office shall be permitted to make or obtain copies of these records. A long term care facility may charge for the copies at a rate not to exceed the rate specified by state law.
(d) Representatives of the office shall have access to a resident's medical, financial, and social records as provided under IC 12-10-13.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-15 ) to the Division of Aging ( 455 IAC 1-8-15 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-16 - Access to agency records

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-16.6
Sec. 16.
(a) Representatives of the office shall have access to records of a state or local government agency that are relevant to a complaint or investigation, except as prohibited by state or federal law or regulation. For purposes of this section, the term "relevant records" refers to those records that address the subject matter of a complaint, or investigation, or that pertain to a long term care facility that is involved in a complaint, or that is the subject of an investigation.
(b) If the records pertain to a particular resident, the representative of the office shall obtain consent to access the records in accordance with state law.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-16 ) to the Division of Aging ( 455 IAC 1-8-16 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-17 - Legal counsel

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 17.
(a) State and local ombudsmen shall have access to legal counsel that is able, without conflict of interest, to provide advice and consultation necessary to:
(1) protect the health, safety, welfare, and rights of residents of long term care facilities; and
(2) assist the state and local ombudsmen in the performance of their official duties.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-18 - Monitoring

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 18.
(a) The state ombudsman shall monitor and assess the performance of the local ombudsman entity and the local ombudsman to ensure compliance with all applicable laws and regulations governing the program and this rule. Monitoring shall include, but shall not be limited to, a review of local ombudsman case records. The state ombudsman and the state level staff of the office shall have access to all necessary records containing the identity or identifying information of residents or complainants in order to conduct the monitoring and assessment. Monitoring and assessment shall be conducted by the state ombudsman and the state level staff office as follows:
(1) The local ombudsman entity shall be responsible for monitoring and assessing administrative compliance using a tool developed by the state ombudsman.
(2) The state ombudsman and the state level staff of the office shall be responsible for assessment of the performance of program duties and for case record monitoring and assessment in order to maintain the confidentiality of program files.
(3) The results of the administrative monitoring and assessment and the case record monitoring and assessment shall be shared among the state ombudsman, the local ombudsman, and the local ombudsman entity.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-19 - Noninterference

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13
Sec. 19.
(a) A person shall not exert inappropriate or improper influence on a representative of the office or take any action which will in any way compromise, delay, or limit:
(1) the investigation or outcome of complaints;
(2) the representative's role as advocate for the rights and interests of residents;
(3) the representative's attempt to resolve issues related to the rights, quality of care, and quality of life of the residents; or
(4) the representative's responsibility to provide information or recommendations regarding problems and concerns of residents or clients, as necessary, to public and private agencies, legislators, or other persons.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-20 - Violations

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 12-10-13-20
Sec. 20.
A person who takes any of the following actions commits a Class B misdemeanor:
(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.
(3) Retaliates against a resident, a client, an employee, or another person who files a complaint or provides information to the office.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-20 ) to the Division of Aging ( 455 IAC 1-8-20 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.