reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-8 - General service standards

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15
Sec. 8.
(a) A
				provider shall provide assisted living Medicaid waiver services only to persons
				approved by the office of Medicaid policy and planning to receive assisted
				living Medicaid waiver services.
(b) A provider shall:
(1) promote the ability of recipients to have
				control over their time, space, and lifestyle to the extent that the health,
				safety, and well-being of other recipients is not disturbed;
(2) promote the recipient's right to exercise
				decision making and self-determination to the fullest extent
				possible;
(3) provide services for
				recipients in a manner and in an environment that encourages maintenance or
				enhancement of each recipient's quality of life and promotes the recipient's:
(A) privacy;
(B) dignity;
(C) choice;
(D) independence;
(E) individuality; and
(F) decision making ability; and
(4) provide a safe, clean, and
				comfortable homelike environment allowing recipients to use their personal
				belongings to the extent possible.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-9 - Negotiated risk plan appropriate to level of service

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15
Sec. 9.
(a) If
				deemed appropriate and determined to be necessary by a recipient's
				interdisciplinary team, the provider shall establish a negotiated risk plan
				with a recipient.
(b) The
				negotiated risk plan shall address unusual situations in which a recipient's
				assertion of a right, preference, or behavior exposes the recipient or someone
				else to a real and substantial risk of injury.
(c) The negotiated risk plan shall identify
				and accommodate a recipient's need in a way that is acceptable to both the
				provider and the recipient.
(d) A
				negotiated risk plan shall include:
(1) an
				explanation of the cause(s) of concern;
(2) the possible negative consequences to the
				recipient and/or others;
(3) a
				description of the recipient's preferences;
(4) possible alternatives or interventions to
				minimize the potential risks associated with the recipient's
				preference/action;
(5) a
				description of the assisted living Medicaid waiver services the provider will
				provide to accommodate the recipient's choice or minimize the potential risk
				and services others
[sic., other]
entities will provide to
				accommodate the recipient's choice or minimize the potential risk;
				and
(6) the final agreement, if
				any, reached by all involved parties.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-10 - Recipient records

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-13; IC 12-15
Sec. 10.
(a) An
				individual recipient record shall be developed and kept current and available
				on the premises for each recipient receiving assisted living Medicaid waiver
				services. In addition to the requirements of
				410 IAC
				16.2-5-8.1, a recipient's record shall include the
				following:
(1) Plan of care.
(2) Negotiated risk agreement, if any.
				and
(3) A written report of all
				significant incidents relating to the health or safety of a recipient
				including:
(A) how and when the incident
				occurred;
(B) who was
				involved;
(C) what action was taken
				by provider staff; and
(D) the
				outcome to the recipient.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-11 - Administration

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-3-9; IC 12-10-13; IC 12-15
Sec. 11.
The provider shall do the following:
(1) Comply with all requirements of this
				article.
(2) Ensure all provider
				staff are knowledgeable about applicable recipient rights.
(3) Not require a recipient to sign any
				admission contract or agreement that purports to waive any rights of the
				recipient.
(4) Develop and
				implement a complaint procedure and process which is responsive to recipient's
				complaints to assist in resolving agreement disputes between recipients and the
				provider.
(5) Adopt procedures for
				securing and recording complaints and endorsements filed by:
(A) recipients;
(B) recipients' designated representatives;
				and
(C) recipients' family
				members.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-12 - Payment for room and board

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15
Sec. 12.
Each recipient is responsible for payment of the room and
				  board services. The provider shall charge recipients room and board rates that
				  are no higher than the SSI rate current at the time room and board services are
				  provided, less the amount of the personal needs allowance for room and board
				  for Medicaid eligible individuals.
Transferred from the Division of Disability and
					 Rehabilitative Services (460 IAC 8-1-12) to the Division of Aging (455 IAC
					 3-1-12) by P.L. 153-2011,
					 SECTION
					 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 1 - Nursing Home Prescreening (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-1 ) to the Division of Aging ( 455 IAC 1-1
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 2 - Adult Protective Services (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-2 ) to the Division of Aging ( 455 IAC 1-2
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-3 - Accounting records; retention schedule; audit trail; accrual basis; segregation of accounts by nature of business and by location (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-4 - Financial report to division; annual schedule; prescribed form; extensions; penalty for untimely filing (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-5 - New provider; initial financial report to division; criteria for establishing initial interim rates; supplemental report; base rate setting (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-6 - Active providers; rate review; annual request; additional requests; requests due to change in law; request concerning capital return factor; computation of factor (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-7 - Request for rate review; budget component; occupancy level assumptions; effect of inflation assumptions (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-8 - Limitations or qualifications to ARCH/RBA reimbursement; advertising; vehicle basis; litigation expenses (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-9 - Criteria limiting rate adjustment granted by division (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-10 - Computation of rate; allowable costs; review of cost reasonableness (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-11 - Allowable costs; services provided by parties related to provider (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-12 - Allowable costs; capital return factor (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-13 - Allowable cost; capital return factor; computation of use fee component; interest; allocation of loan to facilities and parties (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-14 - Allowable costs; capital return factor; computation of return on equity component (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-15 - Allowable costs; capital return factor; use fee; depreciable life; property basis (Repealed)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-16 - Capital return factor; basis; historical cost; mandatory record keeping; valuation (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-17 - Capital return factor; basis; sale or capital lease of facility; valuation; sale or lease among family members (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-18 - Unallowable costs; cost adjustments; charity and courtesy allowances; discounts; rebates; refunds of expenses (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-19 - Allowable costs; wages; costs of employment; record keeping; owner or related party compensation (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3 - Rate-Setting Criteria for Providers in the Assistance to Residents in County Homes Program (ARCH) and the Room and Board Assistance Program (RBA) › Section 3-20 - Allowable costs; calculation of allowable owner or related party compensation; wages; salaries; fees; fringe benefits (Expired)

Current through July 10, 2024
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3.3 - Residential Care Assistance Program Reimbursement (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-3.3 ) to the Division of Aging ( 455 IAC
				  1-3 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 3.6 - Residential Care Assistance Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-3.6 ) to the Division of Aging ( 455 IAC
				  1-4 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 4 - Community and Home Options to Institutional Care for the Elderly and Disabled Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-4 ) to the Division of Aging ( 455 IAC 1-5
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 5 - Adult Guardianship Services Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-5 ) to the Division of Aging ( 455 IAC 1-6
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 6 - Alzheimer's Disease and Related Senile Dementia Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-6 ) to the Division of Aging ( 455 IAC 1-7
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 7 - Indiana Long Term Care Ombudsman Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-7 ) to the Division of Aging ( 455 IAC 1-8
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 8 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-8 ) to the Division of Aging ( 455 IAC 1-9
				  ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 9 - Reserved

Current through July 10, 2024
Formerly reserved to retain citation sequence continuity. 460
				  IAC 1 was transferred to 455 IAC 1 by P.L. 153-2011, SECTION 21, effective July
				  1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 10 - Caretaker Support Program (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-10 ) to the Division of Aging ( 455 IAC
				  1-10 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1 - AGING › Rule 11 - Posting of Notices (Transferred)

Current through July 10, 2024
Transferred from the Division of Disability and
				  Rehabilitative Services ( 460 IAC 1-11 ) to the Division of Aging ( 455 IAC
				  1-11 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
*
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 1.2 - HOME AND COMMUNITY BASED SERVICES (TRANSFERRED)

Current through July 10, 2024
Transferred from the Division of Disability and Rehabilitative
				Services (460 IAC 1.2) to the Division of Aging (455 IAC 2) by P.L. 153-2011,
				SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 2.1 - Board of Interpreter Standards › Section 2.1-1 - Purpose

Current through July 10, 2024
Authority: IC  12-9-2-3; IC  12-12-7-5
Affected: IC  12-12-7
Sec. 1.
The purpose of this rule is to protect the public and persons who are deaf or hard of hearing from misrepresentation, by establishing a board of interpreter standards and providing powers and duties to enable the board to determine the necessary competency and proficiency standards for sign language interpreters and oral interpreters.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 2.1 - Board of Interpreter Standards › Section 2.1-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9-2-3; IC 12-12-7-5
Affected: IC 12-9-1-1; IC 12-12-1-2; IC 12-12-7
Sec. 2.
The following definitions apply throughout this rule:
(1) "ASL" means American Sign Language.
(2) "ASLTA" means American Sign Language Teacher Association.
(3) "Board" means the board of interpreter standards under the administration of the unit.
(4) "Deaf person" or "hard of hearing person" means a person who meets the following criteria:
(A) Has a hearing loss that prevents the person from receiving and understanding voice communication with or without amplification.
(B) Uses at least one (1) of the following as a primary means of communication:
(i) ASL.
(ii) English-based signed systems.
(iii) Tactile methods.
(iv) Writing.
(v) Reading.
(vi) Speech reading.
(vii) Finger spelling.
(viii) Beneficial assistive devices.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 2.1 - Board of Interpreter Standards › Section 2.1-3 - Appointment of the board

Current through July 10, 2024
Authority: IC  12-9-2-3; IC  12-12-7-5
Affected: IC  12-12-7
Sec. 3.
(a) The unit shall make a public announcement to all prospective candidates in Indiana who wish to serve on the board. The prospective candidates shall submit a vita to the unit within thirty (30) days of the date of the public announcement.
(b) The board shall consist of seven (7) members. At least three (3) of the seven (7) members shall be persons who are deaf or hard of hearing.
(c) Board members shall meet at least one (1) of the following:
(1) Knowledge of the interpreting process, which includes having at least three (3) of the following:
(A) RID, NAD, or ASLTA certification.
(B) Membership in a deaf association.
(C) Graduation from an interpreter education program.
(D) One hundred (100) clock hours of attendance in a workshop regarding the interpreting process.
(E) One hundred (100) clock hours of ASL studies.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-1 - Purpose; exclusion

Current through July 10, 2024
Authority: IC 12-12-7-5
Affected: IC 12-12-7
Sec. 1.
(a) The
				purpose of this rule is to establish standards pursuant to IC 12-12-7-5 that
				determine the necessary standards of behavior, competency, and proficiency in
				sign language and oral interpreting and ensure quality, professional
				interpreting services in order to protect the public and persons who are deaf
				or hard of hearing from misrepresentation.
(b) The provisions of this rule will not
				apply to interpreters while they are interpreting in a public or private
				primary or secondary school setting. Rules applying specifically to such
				educational interpreters are at
				515 IAC 6-1.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-2 - Definitions and acronyms

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 2.
(a) The
				definitions and acronyms in this section apply throughout this rule unless
				specifically noted.
(b) "ASL" means
				American Sign Language.
(c) "BIS"
				means board of interpreter standards.
(d) "CDI" means certified deaf
				interpreter.
(e) "CEU" means
				continuing education unit.
(f)
				"Consumer" means the persons for and between whom the interpreter is
				facilitating communication, and includes both hearing and deaf
				consumers.
(g) "DDRS" means the
				division of disability and rehabilitative services.
(h) "Deaf/blind interpreting" means using the
				special skills required to interpret for a person who uses ASL and is both deaf
				and blind.
(i) "DHHS" means deaf
				and hard of hearing services.
(j)
				"Identified interpreting agency" means an agency whose business is providing
				interpreting services, has been in business prior to July 1, 1999, and is found
				on a list of identified interpreting agencies with DHHS.
(k) "Interpreter" refers to both interpreters
				and transliterators.
(l) "ITP"
				means interpreter training program.
(m) "Minimal language skilled interpreting"
				means using the special skills required to interpret for a person who has no
				first language and minimal skills in any other language.
(n) "NAD" means National Association of the
				Deaf.
(o) "NIC" means National
				Interpreter Certification.
(p)
				"Payee" means a person who contracts with a freelance interpreter on behalf of
				a public or private agency, organization, or business for a particular
				assignment involving one (1) or more deaf clients and one (1) or more hearing
				consumers.
(q) "Proof of
				employment" means a letter from an approved agency, or copy of pay stub, or
				1099 Form, or W-2.
(r) "RID" means
				Registry of Interpreters for the Deaf.
(s) "Setting" means the context within which
				an interpreting assignment takes place.
(t) "Team stage interpreting" means using the
				special skills required to interpret on stage or at a large event in tandem
				with a team of interpreters.
(u)
				"TECUnit" means Testing, Evaluation, and Certification Unit, Inc.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-3 - Certification requirements

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 3.
(a) In order
				to receive certification as an interpreter under this rule by the state, an
				individual must register with DHHS in the manner prescribed by DHHS and fulfill
				at least one (1) of the following criteria:
(1) Pass the NAD-RID NIC Knowledge
				Examination, be a graduate of an accredited ITP, and obtain two (2)
				DHHS-approved CEUs per year for up to five (5) years.
(2) Hold RID certification or another
				nationally recognized certification organization for interpreters.
(3) Hold RID oral certification for
				situations requiring an oral interpreter only.
(4) Hold certification from TECUnit and have
				passed the NAD-RID NIC Knowledge Examination for situations requiring a cued
				speech transliterator.
(5) Provide
				documentation of proof of employment as an interpreter prior to July 1, 1999,
				to be placed on file with DHHS, produce one (1) letter of recommendation from
				an identified interpreting agency that hired the applicant prior to July 1,
				1999, and obtain two (2) DHHS-approved CEUs per year for up to five (5) years.
				(This includes deaf, hard of hearing, and hearing interpreters.)
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-4 - Certificate; professional qualifications

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 4.
(a) After
				being certified by the state, an interpreter shall be issued a certificate
				signed by the DHHS director and DDRS director evidencing such certification. An
				interpreter shall also be issued an identification card signed by the DHHS
				director and DDRS director, which the interpreter shall carry with him or her
				during interpreting assignments as proof of certification.
(b) An interpreter shall accurately present
				his or her Indiana identification card, certificate, professional
				qualifications, and/or credentials upon request.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-13 - Grievances; grievance committee; composition; term

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 13.
(a) DHHS
				shall create a grievance committee, which the DHHS director shall chair. The
				grievance committee shall consist of a minimum of five (5) additional members,
				including the following:
(1) At least two (2)
				members who:
(A) are deaf or hard of hearing;
				and
(B) have experience using
				interpreters.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-14 - Grievances; jurisdiction of grievance committee

Current through July 10, 2024
Authority: IC  12-12-7-5
Affected: IC  12-12-7
Sec. 14.
The jurisdiction of the grievance committee referred to in this rule extends to interpreters certified and working in Indiana.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-15 - Grievances; procedures; complaint and response

Current through July 10, 2024
Authority: IC
				  4-21.5-3-34; IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 15.
(a) A
				complaint may be filed by either of the following:
(1) Any person utilizing interpreting
				services.
(2) Any person who has a
				direct or personal interest in the occurrence specified in the
				complaint.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-16 - Grievances; committee action

Current through July 10, 2024
Authority: IC
				  4-21.5-3-34; IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 16.
(a) After a
				complaint has been received and a response has been filed or the thirty (30)
				day period has elapsed for filing a response, the DHHS director shall review
				the documents and make an initial decision on the merits of the
				pleadings.
(b) If the DHHS director
				finds that no violation of this rule occurred and no cause of action exists,
				the complaint shall be dismissed and all parties notified in writing.
(c) The complainant may request a hearing by
				the full grievance committee within thirty (30) days of dismissal of the
				complaint.
(d) If the DHHS director
				determines that an investigation is warranted, the DHHS director shall send the
				written allegations to the grievance committee and all parties involved, and
				the grievance committee shall hold a hearing pursuant to section 17 of this
				rule.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-17 - Grievances; hearing procedure

Current through July 10, 2024
Authority: IC
				  4-21.5-3-34; IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 17.
(a) The
				complainant has the right to be represented by legal counsel or any other
				advocate of his or her choice during the hearing.
(b) Any party may present any affidavits,
				documents, or other written evidence during the hearing.
(c) Any party may present witnesses to give
				testimony as to any relevant aspect of the charge or defense
				asserted.
(d) The grievance hearing
				shall meet at a location most convenient to all parties involved.
(e) The DHHS director shall give all parties
				notice of the scheduled hearing date, time, and location at least two (2) weeks
				in advance.
(f) The complainant and
				the respondent shall bear their own costs and expenses in connection with the
				grievance process.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-18 - Grievances; decision of grievance committee; recommendation

Current through July 10, 2024
Authority: IC
				  4-21.5-3-34; IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 18.
(a) The
				grievance committee shall carefully review all documents and evidence presented
				at the grievance hearing.
(b) All
				grievance committee members present at the grievance hearing other than the
				DHHS director may vote on the grievance. The grievance committee's decision
				shall require a majority vote. If there is no majority following the vote of
				the grievance committee members, the DHHS director shall cast a vote to
				determine the majority.
(c) The
				grievance committee shall submit a written recommendation to the DHHS director
				that describes the complaint, the evidence considered, and the applicable
				NAD-RID Code of Professional Conduct standard.
(d) The DHHS director shall review the
				grievance committee's recommendation and either adopt it, modify it, or
				dissolve it. The DHHS director may remand the matter, with or without
				instructions, to the grievance committee for further proceedings.
(e) The DHHS director shall issue a final
				decision on the grievance thirty (30) days from the date of the grievance
				hearing. One (1) copy shall be kept for the grievance committee's records, and
				a copy shall be given to each party. If copies are mailed, they must be sent
				via certified mail, return receipt requested.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-19 - Grievances; enforcement; disciplinary actions

Current through July 10, 2024
Authority: IC
				  4-21.5-3-34; IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 19.
(a) When the
				standards of ethical behavior set forth in this rule are found by the grievance
				committee to have been violated, the committee may recommend to the DHHS
				director that disciplinary action be taken against an interpreter based upon
				the severity of the interpreter's misconduct.
(b) The available disciplinary actions that
				the DHHS director may take include the following:
(1) Verbal warning, which is an oral
				reprimand given by the DHHS director.
(2) Written reprimand, which is a written
				notification of unsatisfactory performance.
(3) Probation, which is a trial period of a
				length of time specified by the DHHS director during which the interpreter is
				required to fulfill a set of conditions or to improve work performance or
				on-the-job behavior.
(4) Suspension
				or revocation, which is suspension or revocation of Indiana interpreter
				certification and referral to the grievance committee of the national
				organization, either RID or NAD, where the interpreter's certification is
				held.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-20 - Grievances; appeals

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC 4-21.5; IC
				  12-12-7
Sec. 20.
An interpreter who has received disciplinary action from the
				  DHHS director may request a reconsideration of the decision to the director of
				  DDRS within ten (10) days of receiving notice of disciplinary action. The
				  director of DDRS shall provide a response to the request within fifteen (15)
				  business days of the date the request is received, including a notice of the
				  right to appeal the decision. An interpreter that is dissatisfied with the
				  decision on reconsideration may submit an appeal of the decision, which will be
				  conducted in accordance with IC 4-21.5.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 3 - Interpreter Standards for the Deaf and Hard of Hearing › Section 3-21 - Incorporation by reference

Current through July 10, 2024
Authority: IC
				  12-12-7-5
Affected: IC
				  12-12-7
Sec. 21.
DHHS incorporates by reference the NAD-RID Code of
				  Professional Conduct, as was copyrighted in 2005 by the Registry of
				  Interpreters for the Deaf.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 1.
The Indiana Randolph-Sheppard Business Enterprise Program (BEP) is established to:
(1) provide blind persons with remunerative employment; and
(2) enlarge the economic opportunities for blind persons.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9-2-3
Affected: IC 12-9-1-1; IC 12-12-1-2; IC 12-12-5; 20 U.S.C. 107; 34 CFR 395.1
Sec. 2.
The following definitions apply throughout this rule:
(1) "Abandoned" means that a BEP facility is unattended or unoperated after an operator has failed to:
(A) notify the state licensing agency of the operator's absence; and
(B) meet contractual obligations for the facility, including the requirement for continuous operation.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-3 - State licensing agency functions

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC 12-12-5; 20 U.S.C. 107
Sec. 3.
The state licensing agency shall do the following:
(1) Have the ultimate responsibility for the administration of the BEP under 20 U.S.C. 107 and IC  12-12-5.
(2) Carry out the duties of planning programs and setting policies, standards, and procedures with the active participation of the Indiana elected committee of licensed managers.
(3) Select and develop suitable locations for BEP facilities in properties owned, leased in whole or in part, or operated by any of the following:
(A) The United States government.
(B) The state.
(C) A county.
(D) A township.
(E) A city.
(F) A town.
(G) A private entity.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-4 - Program participants; nondiscrimination

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107; 34 CFR 395.1
Sec. 4.
No licensed manager or manager trainee in, or applicant for, the BEP shall be discriminated against on the basis of:
(1) sex;
(2) age;
(3) disability;
(4) race;
(5) creed;
(6) color;
(7) national origin;
(8) organizational affiliation; or
(9) political affiliation.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-5 - Qualifications of applicant

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 5.
In order to be accepted for training in the BEP, an applicant must:
(1) be:
(A) legally blind;
(B) at least eighteen (18) years of age;
(C) a United States citizen; and
(D) hold a high school diploma or equivalent;
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-6 - Effect of nonqualification for the business enterprise program

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 6.
(a) If the state licensing agency:
(1) determines that an applicant does not meet the qualifications set out in section 5 of this rule; and
(2) does not accept the applicant as a manager trainee; the provisions in this section apply.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-7 - Manager trainees; training requirements

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 7.
(a) Except as provided in section 8 of this rule, a manager trainee must successfully complete training for the BEP before being licensed as a manager.
(b) Training for the BEP includes the following:
(1) Classroom training in the skills necessary for the general operation of any type of BEP facility.
(2) Training on specific types of BEP facilities.
(3) On-the-job training:
(A) with a licensed manager; or
(B) at a facility approved by the state licensing agency.
(4) Training on the following:
(A) BEP rules, requirements, policies, and procedures.
(B) The application of federal, state, and local laws relating to operating a facility.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-8 - Waiver or modification of training requirements

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 8.
(a) A manager trainee may submit a written request to the state licensing agency for a:
(1) waiver, in whole or in part; or
(2) modification;
of the training requirements described in this rule. A manager trainee must also submit supporting documentation required by the state licensing agency.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-9 - Manager trainee; probationary period

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 9.
(a) A manager trainee must successfully complete a probationary period before being licensed as a manager in the BEP.
(b) The purpose of the probationary period is to improve the performance of the manager trainee by the following:
(1) Assisting the manager trainee to achieve the most effective adjustment to the:
(A) BEP; and
(B) assigned facility.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-10 - Manager trainees; disciplinary procedures

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 10.
(a) This section applies to a manager trainee who is:
(1) receiving initial training, including classroom or on-the-job training; or
(2) in the probationary period.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-11 - Termination of manager trainee's participation in the business enterprise program

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 11.
(a) The state licensing agency may terminate a manager trainee's participation in the BEP for cause in accordance with section 10 of this rule.
(b) The state licensing agency may terminate a manager trainee's participation in the BEP at any of the following times:
(1) During:
(A) training; or
(B) the probationary period.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-12 - Issuance of license

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 12.
(a) The state licensing agency shall issue a license to a manager trainee in the BEP who has successfully completed training and a probationary period at a permanent BEP facility.
(b) Upon licensing, a manager trainee:
(1) becomes a licensed manager in the BEP; and
(2) will receive written notification of the successful completion of their probationary period. Seniority will begin to accrue as of the last day of probation.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-13 - Determination of visual status

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 13.
(a) The state licensing agency has the right to request and to obtain from a licensed manager periodic visual evaluations in order to determine continuing compliance with visual requirements.
(b) Agency requests for current evidence of visual status include the following:
(1) Upon the written request of the state licensing agency, a licensed manager must provide the state licensing agency with current ophthalmologic or optometric evidence documenting the manager's visual status within sixty (60) days of the agency's request. As used in this subdivision, "current" means evidence of an examination not more than six (6) months old from the date of submitting the evidence to the state licensing agency.
(2) A licensed manager who does not provide the requested ophthalmologic or optometric evidence is presumed not to be legally blind. Action must be taken under section 20(a)(4) of this rule to terminate the manager's license.
(3) If a licensed manager is determined to be not legally blind on the basis of the submitted evidence, action must be taken under section 20(a)(4) of this rule to terminate the manager's license.
(4) The state licensing agency shall pay the cost of obtaining ophthalmologic or optometric evidence required by this subsection.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-14 - Selection of business enterprise program facility locations

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 14.
(a) Determination of BEP facility locations include the following:
(1) The state licensing agency may establish a BEP facility at a particular location only if establishment of a facility at that location is likely to do the following:
(A) Contribute to the development of significant economic opportunities for blind persons.
(B) Provide for the productive use of program assets.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-15 - Assignment of a business enterprise program facility

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 15.
(a) The assignment of a BEP facility shall be made by the state licensing agency with the active participation of the Indiana elected committee of licensed managers. A bidding process is used to:
(1) promote upward mobility; and
(2) assign available BEP facilities.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 2 - DIVISION OF REHABILITATION SERVICES › Rule 4 - Blind and Visually Impaired Services-Indiana Randolph-Sheppard Business Enterprise Program › Section 4-16 - Temporary operators; assignment of temporary location

Current through July 10, 2024
Authority: IC  12-9-2-3
Affected: IC  12-12-5; 20 U.S.C. 107
Sec. 16.
(a) The state licensing agency, with the active participation of the Indiana elected committee of licensed managers, may place a temporary operator in a BEP facility under any of the following circumstances:
(1) No eligible person:
(A) bids on a BEP facility; or
(B) accepts the assignment of a BEP facility.