reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 8 - Indiana Long Term Care Ombudsman Program › Section 8-21 - Administrative reconsideration; appeals

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-13-17
Affected: IC 4-21.5
Sec. 21.
(a) A local ombudsman entity that is dedesignated or that is not redesignated may request a reconsideration of the decision to the state ombudsman. The state ombudsman shall provide a response to the request for reconsideration within fifteen (15) days from the date the request is received, including a notice of the right to appeal the decision. A local ombudsman entity that is dissatisfied with the decision on reconsideration may appeal the decision. The appeal shall be conducted in accordance with IC 4-21.5.
(b) A local ombudsman who is dedesignated or who is not redesignated may, in coordination with the local ombudsman entity or independently, seek reconsideration from the state ombudsman. The state ombudsman shall provide a response to the request within fifteen (15) days of the date the request is received, including a notice of the right to appeal the decision. A local ombudsman who is dissatisfied with the decision may, in coordination with the local ombudsman entity or independently, appeal the decision. The appeal shall be conducted in accordance with IC 4-21.5.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-21 ) to the Division of Aging ( 455 IAC 1-8-21 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-1 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-10-10; IC 12-10-17.1; IC 12-15-34-1; IC 16-25; IC 25-1-9-2; IC 25-1-9-3
Sec. 1.
(a) The definitions in this section apply throughout this rule.
(b) "Ancillary services" means services ancillary to the basic services provided to an individual in need of self-directed in-home care who needs at least one (1) of the basic services listed in subsection (d). The term includes the following:
(1) Homemaker type services, including shopping, laundry, cleaning, and seasonal chores.
(2) Companion type services, including transportation, letter writing, mail reading, and escort services.
(3) Assistance with cognitive tasks, including managing finances, planning activities, and making decisions.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-2 - Exclusions from rule

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-15-34-1; IC 16-25; IC 25-1-9-2; IC 25-1-9-3
Sec. 2.
This rule does not apply to the following:
(1) An individual who provides attendant care services and who is employed by and under the direct control of a home health agency (as defined in IC 12-15-34-1).
(2) An individual who provides attendant care services and who is employed by and under the direct control of a licensed hospice program under IC 16-25.
(3) An individual who provides attendant care services and who is employed by and under the control of an employer that is not the individual who is receiving the services.
(4) A practitioner (as defined in IC 25-1-9-2) who is practicing under the scope of the practitioner's license (as defined in IC 25-1-9-3).
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-2 ) to the Division of Aging ( 455 IAC 1-9-2 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-3 - Attendant care service provider registration requirement; preclusion

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-16
Affected: IC 12-10-10; IC 12-10-17.1; IC 12-15
Sec. 3.
(a) An individual desiring to provide attendant care services must register with the division.
(b) An individual may not provide attendant care services for compensation from Medicaid or the community and home options to institutional care for the elderly and disabled program for an individual in need of self-directed in-home care services unless the individual seeking to provide attendant care services is registered with the division.
(c) An individual who is a legal guardian of an individual in need of self-directed in-home care, including a parent of a minor individual and a spouse, is precluded from providing attendant care services for that individual for compensation under this section.
(d) An individual may not provide personal attendant services for compensation from Medicaid or the community and home options to institutional care for the elderly and disabled program if they have been convicted of a crime or offense involving abuse, neglect, or exploitation of an individual.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-3 ) to the Division of Aging ( 455 IAC 1-9-3 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-4 - Requirements to become registered as attendant care service provider; certificate

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10-17.1-20
Affected: IC
				  12-10-17.1; IC
				  16-28-13
Sec. 4.
(a) In order
				to be registered with the division, an individual must submit the following:
(1) A personal
				rÃ©sumÃ© containing information
				concerning the individual's qualifications, work experience, and any
				credentials the individual may hold. The individual must certify that the
				information contained in the rÃ©sumÃ©
				is true and accurate.
(2) The
				individual's limited criminal history check from the Indiana central repository
				for criminal history information under IC
				5-2-5
[
IC
				5-2-5
was repealed by
				P.L.
				2-2003,
				SECTION
				102, effective July 1, 2003.]
or
				another source allowed by law. (3) If applicable, the individual's state nurse
				aide registry report, referred to in IC
				16-28-13, from the department of
				health. This subdivision does not require an individual to be a nurse
				aide.
(4) Three (3) letters of
				reference.
(5) A registration fee
				of zero dollars ($0).
(6) Proof
				that the individual is at least eighteen (18) years of age.
(7) Any other information required by the
				division.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-5 - File maintained by division

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-10-17.1
Sec. 5.
The division shall maintain a file for each personal services attendant that contains the following:
(1) Comments related to the provision of attendant care services, including periodic reports on the quality of services provided by the personal services attendant, submitted by an individual in need of self-directed in-home care who has employed the personal services attendant; and
(2) The items described in section 4(a)(1) through 4(a)(4) of this rule.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-5 ) to the Division of Aging ( 455 IAC 1-9-5 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-6 - Renewal of registration

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-10-17.1
Sec. 6.
(a) A personal services attendant may renew the personal services attendant's registration by doing the following:
(1) Updating any information in the filedescribed in section 5 of this rule that has changed; and
(2) Paying the fee required under section 4(a)(5) of this rule.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-7 - Information available from division

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 5-14-3; IC 12-10-17.1
Sec. 7.
Upon request, an individual in need of self-directed in-home care shall receive from the division the following:
(1) Without charge, a list of personal services attendants who are registered with the division and available within the geographic area requested.
(2) A copy of the information of a specified personal services attendant who is on file with the division under section 5 of this rule. The division may charge a fee in accordance with IC 5-14-3, not to exceed five dollars ($5), for shipping, handling, and copying expenses.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-7 ) to the Division of Aging ( 455 IAC 1-9-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-8 - Contract required

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-10-17.1-17
Sec. 8.
The individual in need of self-directed in-home care and the personal services attendant must each sign a contract, in a form approved by the division, that includes, at a minimum, the following:
(1) The responsibilities of the personal services attendant.
(2) The frequency the personal services attendant will provide attendant care services.
(3) The duration of the contract.
(4) The hourly wage of the personal services attendant. The wage may not be less than the federal minimum wage or more than the rate that the recipient is eligible to receive under a Medicaid home and community based services waiver or the community and home options to institutional care for the elderly and disabled program for attendant care services.
(5) Reasons and notice agreements for early termination of the contract.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-8 ) to the Division of Aging ( 455 IAC 1-9-8 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-10 - Nurse aide registry

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-21
Affected: IC 16-28-13
Sec. 10.
At the conclusion of all appeals taken, or if no appeal is taken, upon determination by the division of the merits of a complaint, a personal services attendant found to have committed neglect, abuse, mistreatment, or misappropriation of property of an individual in need of self-directed in-home care shall be placed on the state nurse aide registry referred to in IC 16-28-13.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-10 ) to the Division of Aging ( 455 IAC 1-9-10 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-11 - Method of payment to a personal services attendant

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-16
Affected: IC 12-10-10; IC 12-10-17.1
Sec. 11.
(a) For purposes of this rule, "fiscal agent" means an entity that is utilized by the person in need of self-directed in-home care to handle the payroll responsibilities related to the agreement between the person in need of self-directed in-home care and the personal services attendant.
(b) An individual in need of self-directed in-home care who has hired a personal services attendant who is registered with the division shall utilize a fiscal agent that must be authorized by the division of disability, aging, and rehabilitative services.
(c) The fiscal agent shall provide payroll and bookkeeping services following federal, state, and local regulations, including, but not limited to, the following:
(1) Assisting the individual in completing and submitting applications for the following:
(A) State and federal employment tax identification numbers.
(B) Unemployment insurance.
(C) Worker's compensation insurance.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-12 - Method of payment to a fiscal agent

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-16
Affected: IC 12-10-10; IC 12-10-17.1
Sec. 12.
The fiscal agent shall be paid in accordance with the terms of the agreement with the division.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-12 ) to the Division of Aging ( 455 IAC 1-9-12 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 9 - Personal Services Attendant for Individuals in Need of Self-Directed In-Home Care › Section 9-13 - Record keeping requirements

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-17.1-16
Affected: IC 12-10-10; IC 12-10-17.1
Sec. 13.
The fiscal agent shall maintain records for personal attendant services in accordance with the terms of the agreement with the division.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-13 ) to the Division of Aging ( 455 IAC 1-9-13 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-1 - Scope and applicability

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 1.
(a) This rule sets forth provisions governing the administration and coordination of the caretaker support program. (b) This rule applies to the following:
(1) The bureau of aging and in-home services.
(2) Area agencies on aging.
(3) Service providers under contract with an area agency on aging to provide services under this program.
(4) Caretakers and care receivers who receive benefits of this program.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-2 - Funding source; services provided

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 2.
(a) Both federal and state funding may be used for this program. Since federal and state statutes applicable to this program differ, the source of funding may determine the services provided and the people to whom those services may be provided.
(b) If state funding is used, caretaker support program services include the following:
(1) Information for caretakers about available services.
(2) Assistance to caretakers in gaining access to the services.
(3) Individual counseling, organization of support groups, and caretaker training to assist caretakers in making decisions and solving problems in the individual's role as caretaker.
(4) Respite care to offer caretakers temporary relief from caretaker responsibilities.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-3 - Program administration; administrative functions and responsibilities of BAIHS

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 3.
(a) As funding allows, BAIHS will administer the program under contract with the area agencies on aging. (b) In administration of the program, the functions and responsibilities of BAIHS include the following:
(1) The review and approval of annual program plans submitted by area agencies on aging.
(2) The allocation to area agencies on aging of funds appropriated for the provision of program services.
(3) The establishment and maintenance of policies and procedures for the operation of the program and the provision of services.
(4) The development and maintenance of fiscal and service data collection and procedures for collecting information on families and services provided.
(5) The monitoring of local programs for compliance with applicable state and federal laws and approved area agency on aging program plans.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-4 - Program administration; administrative functions and responsibilities of the area agencies on aging

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 4.
(a) As funding allows, each area agency on aging shall administer a program under this rule in its planning and service area.
(b) In the administration of the program, the function and responsibilities of the area agency on aging include the following:
(1) The development and submission of a program plan under section 5 of this rule.
(2) The coordination of service development and delivery under this rule with other appropriate agencies and organizations in the community with special efforts to develop and maintain an effective network of local support for caretakers.
(3) The timely collection and submission from area agencies on aging on a quarterly basis to BAIHS that includes information on individuals served, units of service, and expenditures on forms or in the format provided by the BAIHS.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-5 - Program plans

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 5.
Each area agency on aging shall annually submit a plan, as part of its area plan, which includes the following information:
(1) A description of area agency on aging caretaker programs that include strategies for the strengthening or developing of a local network of family caretaker resources. The use of network models that may involve local voluntary groups, faith-based groups, and health care organizations active in the areas of Alzheimer's disease, support groups for family caretakers and grandparents raising grandchildren, and other similar organizations is strongly encouraged.
(2) An explanation of how the area agency on aging will assure that, in providing services, priority shall be given to older individuals with greatest social and economic need, with particular attention to low-income older individuals and older individuals providing care and support to persons with mental retardation and related developmental disabilities. The provision of services may be affected as follows:
(A) If state funding is used, services will be provided to individuals at least sixty-five (65) years of age who are caretakers or who are taking care of individuals with special needs at least eighteen (18) years of age and unable to perform at least three (3) activities of daily living. For respite services, this applies to individuals that are unable to perform at least two (2) activities of daily living.
(B) If federal funding is used, priority will be given to persons at least eighteen (18) years of age who are caretakers of individuals at least sixty (60) years of age who are unable to perform at least two (2) activities of daily living, and older adults, grandparents, or stepgrandparents at least sixty (60) years of age who are caretakers of children eighteen (18) years of age or younger for respite and supplemental services.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-6 - Program compliance

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 6.
Failure of an area agency on aging to comply with corrective action requirements resulting from compliance monitoring by BAIHS may lead to sanctions imposed by BAIHS when, after discussion, the area agency on aging and the BAIHS are unable to reach a mutually satisfactory resolution of the noncompliance issue.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-10-6 ) to the Division of Aging ( 455 IAC 1-10-6 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 10 - Caretaker Support Program › Section 10-7 - Cost share

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-1-4
Affected: IC 12-10-1; IC 12-10.5-1
Sec. 7.
The client cost share will be calculated based on an application form that may be provided by BAIHS.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-10-7 ) to the Division of Aging ( 455 IAC 1-10-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-1 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-9-1-1; IC 12-10-1-4; IC 12-10-5-2; IC 12-10-15; IC 12-12-8-1
Sec. 1.
(a) "Administrator" means the natural person who:
(1) administers;
(2) manages;
(3) supervises; or
(4) is in general administrative charge of; a housing with services establishment.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-2 - Requirement to post notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15
Sec. 2.
Each housing with services establishment, center for independent living, and area agency on aging shall post a notice that advises residents of a housing with services establishment of their rights under IC 12-10-15.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-2 ) to the Division of Aging ( 455 IAC 1-11-2 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-3 - Rights to be included in notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15; IC 16-27-1-5; IC 16-28
Sec. 3.
The notice required by section 2 of this rule shall advise residents of housing with services establishments of the following rights:
(1) That each resident, or the resident's representative, must be given:
(A) a complete copy of the contract between the establishment and the resident or the resident's representative;
(B) all supporting documents and attachments; and
(C) any changes whenever changes are made.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-4 - Location of notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15
Sec. 4.
(a) Each area agency on aging shall post a notice or notices in areas accessible to consumers, including, but not limited to, the following:
(1) Corporate waiting rooms.
(2) Senior centers.
(3) Meal sites.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-5 - Format of notice

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15
Sec. 5.
(a) The notice or notices shall be in a language appropriate for the individuals residing in the facility or frequenting AAA sites.
(b) The format and the wording of the notice shall be approved by the division.
(c) The posting shall include contact information for the local and state long term care ombudsman.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-5 ) to the Division of Aging ( 455 IAC 1-11-5 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-6 - Filing of complaints by residents; investigation; resolution

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-13; IC 12-10-15
Sec. 6.
(a) A complaint may be filed by a resident or on behalf of a resident with the local long term care ombudsman or state long term care ombudsman, or both, regarding an establishment's violation of a requirement contained in IC 12-10-15 or this rule, or both.
(b) The local long term care ombudsman or state long term care ombudsman, or both, shall perform an investigation into the allegations of the complaint.
(c) If the complaint is substantiated after investigation, the local long term care ombudsman or state long term care ombudsman, or both, will work with the facility to correct the problem.
(d) If the problem is resolved and remains resolved, the problem, condition, or incident will not be reflected on the establishment's record in the division.
(e) If the problem is not resolved, the complaint shall be referred to the director for appropriate action and will become public record.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-6 ) to the Division of Aging ( 455 IAC 1-11-6 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-7 - Response by establishment to a complaint

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-13; IC 12-10-15
Sec. 7.
If a complaint by a resident or a resident's representative regarding an establishment's violation of a requirement contained in IC 12-10-15 or this rule, or both, is forwarded to the director, the director shall send a copy of the complaint to the establishment against which a complaint has been filed. The establishment shall have fifteen (15) days in which to file a response with the director. The director may, if necessary, require additional information from or investigation of the establishment.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-7 ) to the Division of Aging ( 455 IAC 1-11-7 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-8 - Imposition of penalty

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15
Sec. 8.
(a) If the director finds that an establishment has violated a requirement contained in IC 12-10-15, the director shall impose a penalty of one hundred dollars ($100) per day for each requirement that has been violated.
(b) If the establishment has been found to have had two (2) or more violations within the previous two (2) years, the director may impose a fine of a minimum of two hundred dollars ($200) per day for each requirement that has been violated.
(c) A fine will be imposed beginning from the time the complaint is verified by the long term care ombudsman until such time as the violation is corrected.
(d) The total penalty for each violation may not exceed ten thousand dollars ($10,000).
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-8 ) to the Division of Aging ( 455 IAC 1-11-8 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-9 - Administrative review

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-11-2.1-12
Affected: IC 4-21.5-3-7; IC 12-11-1.1; IC 12-11-2.1
Sec. 9.
(a) A person who is aggrieved by a penalty imposed under this rule may request review under IC 4-21.5-3-7.
(b) To qualify for administrative review of a penalty imposed under this rule, a person shall file a written petition for review that does the following:
(1) States facts demonstrating that the person is:
(A) a person to whom the action is specifically directed;
(B) aggrieved or adversely affected by the action; or
(C) entitled to review under any law.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-10 - Substantial and repeated violations

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-11-2.1-12
Affected: IC 4-21.5-3-7; IC 12-10-15; IC 12-11-1.1; IC 12-11-2.1
Sec. 10.
(a) If the director determines that an establishment has had substantial and repeated violations of the requirements contained in IC 12-10-15, the director may prohibit an establishment from using the term "assisted living" to describe the establishment's services and operations to the public.
(b) An establishment that is aggrieved by a penalty imposed under this rule may request review under IC 4-21.5-3-7.
(c) To qualify for administrative review of a penalty imposed under this rule, an establishment shall file a written petition for review that does the following:
(1) States facts demonstrating that the establishment is:
(A) an establishment to whom the action is specifically directed;
(B) aggrieved or adversely affected by the action; or
(C) entitled to review under any law.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 11 - Posting of Notices › Section 11-11 - Intentional violations

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-11-2.1-12
Affected: IC 4-21.5; IC 12-10-15; IC 12-11-1.1; IC 12-11-2.1
Sec. 11.
If the director determines that an operator or administrator of an establishment has intentionally violated the requirements contained in IC 12-10-15, or has made fraudulent and material misrepresentations to a resident, the director may request the attorney general to investigate and take appropriate action against the operator or administrator.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-11 ) to the Division of Aging ( 455 IAC 1-11-11 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 1 - Purpose › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
The purpose of this article is to establish standards and
				  requirements for DDARS-approved entities in the provision of the BAIHS funded
				  HCBS to eligible approved individuals, including the nursing facility level of
				  care Medicaid waivers.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-1-1 ) to the Division of Aging ( 455 IAC
					 2-1-1 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 2 - Applicability › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
This article applies to the approval, requirements, and
				  monitoring of providers of HCBS, funded through BAIHS, including the nursing
				  facility level of care Medicaid waivers.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-2-1 ) to the Division of Aging ( 455 IAC
					 2-2-1 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 2 - Applicability › Section 2-2 - Applicability; approval

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
Notwithstanding section 1 of this rule, the approval of a
				  provider for those services that are licensed and regulated by the Indiana
				  department of health (IDOH) shall be deemed approved for those licensed
				  services. For those services not licensed by the IDOH, the provider shall be
				  subject to all other dictates and requirements set forth in this
				  article.
Transferred from the Division of Disability and
					 Rehabilitative Services (460 IAC
					 1.2-2-2) to the Division of Aging (455 IAC
					 2-2-2) by
					 P.L.
					 153-2011,
					 SECTION
					 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 2 - Applicability › Section 2-3 - Limitations of article

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-10; IC 12-10-11.5
Sec. 3.
Notwithstanding any other provision of this article, no
				  provision of this article shall be interpreted to limit the following:
(1) The statutory requirements of IC 12-10-10
				to do the following:
(A) Provide client
				centered care.
(B) Protect the
				rights of clients.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 2 - Applicability › Section 2-4 - Conflict with Medicaid/Medicare provisions

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 4.
If any provision of this article is deemed to be in conflict
				  with any federal or state statute, regulation, bulletin, or rule that is
				  specific to any funding source authorized under DDARS, specifically applicable
				  to the Medicaid/Medicare program, then the other statute, regulation, bulletin,
				  or rule shall supersede that part of this article in which the conflict is
				  found.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-2-4 ) to the Division of Aging ( 455 IAC
					 2-2-4 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 2 - Applicability › Section 2-5 - Exclusion

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 5.
Providers of self-directed attendant care services funded
				  under CHOICE are exempt from the rules of this article that are specific to
				  self-directed attendant care services. However, they must continue to comply
				  with the applicable provisions of 455 IAC 1-9 and any amendments
				  thereto.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-2-5 ) to the Division of Aging ( 455 IAC
					 2-2-5 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 3 - Service and Programmatic Definitions › Section 3-1 - Service and programmatic definitions; reference to other laws

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
(a) All
				service and programmatic definitions, as well as provider qualifications for
				the nursing facility level of care Medicaid waivers, which include aged and
				disabled, traumatic brain injury, medically fragile children, and assisted
				living, are found in and the same as those in the following CMS Medicaid waiver
				documents, as authorized under the provisions of Section 1915(c) of the Social
				Security Act, as follows:
(1) Indiana home and
				community based services for the aged and disabled (A & D), CMS control
				number #0210.920.R2.
(2) Indiana
				home and community based services for individuals with traumatic brain injury
				(TBI), CMS control number #40197.R1.
(3) Indiana home and community based services
				for medically fragile children (MFC), CMS control number
				#40171.90.R1.
(4) Indiana home and
				community based services for individuals on the assisted living waiver (AL),
				CMS control number #0362.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-1 - Applicability

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
The definitions in this rule relating to services
				  administered through DDARS and funded by CHOICE, SSBG, and Title III apply
				  throughout this article.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-1 ) to the Division of Aging ( 455 IAC
					 2-4-1 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-2 - "Abuse" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 35-42-2-1; IC 35-46-1-12
Sec. 2.
"Abuse" means actions against an individual including those
				  set forth in IC 35-42-2-1 and IC 35-46-1-12.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-2 ) to the Division of Aging ( 455 IAC
					 2-4-2 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-3 - "Activities of daily living" or "ADL" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-10-6.3
Sec. 3.
"Activities of daily living" or "ADL" means a measurement of
				  an individual's degree of independence when:
(1) eating;
(2) bathing;
(3) dressing; and
(4) moving from one (1) place to another.
The term also refers to an activity described in the long
				  term care services eligibility screen referred to in IC
				  12-10-10-6.3.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-3 ) to the Division of Aging ( 455 IAC
					 2-4-3 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-4 - "Adult protective services" or "APS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-3
Sec. 4.
"Adult protective services" or "APS" means the entity
				  established under IC 12-10-3.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-4 ) to the Division of Aging ( 455 IAC
					 2-4-4 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-5 - "Advocate" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 5.
(a)
				"Advocate" means a person who:
(1) assists an
				individual with decision making and self-determination; and
(2) is chosen by the individual or the
				individual's legal representative, if applicable.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-6 - "Aged" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 6.
"Aged" means the following:
(1) For Medicaid eligibility purposes, a
				person at least sixty-five (65) years of age.
(2) For Title III, SSBG, and CHOICE
				eligibility purposes, a person at least sixty (60) years of age.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-6 ) to the Division of Aging ( 455 IAC
					 2-4-6 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-7 - "Area agency on aging" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-1-6
Sec. 7.
"Area agency on aging" means an agency designated and
				  contracted by DDARS to carry out the duties listed in IC
				  12-10-1-6.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-7 ) to the Division of Aging ( 455 IAC
					 2-4-7 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-8 - "BAIHS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-1-1
Sec. 8.
"BAIHS" means the bureau of aging and in-home services
				  created under IC 12-10-1-1, or its successor agency.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-8 ) to the Division of Aging ( 455 IAC
					 2-4-8 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-9 - "Care plan" or "plan of care" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 9.
"Care plan" or "plan of care" means a plan as set forth by
				  460 IAC 1-4-6.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-9 ) to the Division of Aging ( 455 IAC
					 2-4-9 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-10 - "Case management services" or "CMS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 10.
"Case management services" or "CMS" means a comprehensive
				  service comprised of, but not limited to, the following:
(1) Assessment of an individual to determine
				the individual's:
(A) functional impairment
				level; and
(B) corresponding need
				for services.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-11 - "Child protection services" or "CPS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 31-33
Sec. 11.
"Child protection services" or "CPS" means services provided
				  by the department of child services regarding reports of suspected child abuse
				  or neglect under IC 31-33.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-11 ) to the Division of Aging ( 455 IAC
					 2-4-11 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-12 - "CHOICE" or "community and home options to institutional care for the elderly and disabled program" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-10-6
Sec. 12.
"CHOICE" or "community and home options to institutional care
				  for the elderly and disabled program" means the program created by IC
				  12-10-10-6.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-12 ) to the Division of Aging ( 455 IAC
					 2-4-12 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-13 - "DDARS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-9-1-1; IC 12-10
Sec. 13.
"DDARS" means the division of disability, aging, and
				  rehabilitative services
[division of disability and rehabilitative
				  services]
created under IC 12-9-1-1, or its successor agency or
				  designee.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-13 ) to the Division of Aging ( 455 IAC
					 2-4-13 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-14 - "Direct care staff" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 14.
"Direct care staff" means a person or an agent or employee of
				  a provider entity who provides hands-on services to an individual while
				  providing any of the following services including, but not limited to:
(1) Respite.
(2) Attendant care.
(3) Adult foster care.
(4) Adult day services.
(5) Assisted living.
(6) Congregate care.
(7) Supported employment.
(8) Structured day program.
(9) Residential based habilitation.
(10) Transportation.
(11) Health care coordination.
(12) Occupation therapy.
(13) Physical therapy.
(14) Speech therapy.
(15) Behavior management.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-14 ) to the Division of Aging ( 455 IAC
					 2-4-14 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-15 - "Endangered adult" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-3-2
Sec. 15.
"Endangered adult" has the meaning set forth in IC
				  12-10-3-2.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-15 ) to the Division of Aging ( 455 IAC
					 2-4-15 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-16 - "Entity" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 16.
"Entity" means any of the following:
(1) An association.
(2) A corporation.
(3) A limited liability company.
(4) A governmental entity.
(5) A partnership.
(6) A person with a contract.
(7) A person or persons providing or applying
				to provide HCBS.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-16 ) to the Division of Aging ( 455 IAC
					 2-4-16 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 4 - Definitions of Terms for Home and Community Based Services › Section 4-17 - "Executed agreement or contract" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 17.
"Executed agreement or contract" means an agreement
				  that:
(1) has been signed by the
				involved entities; and
(2) is
				currently in effect.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-17 ) to the Division of Aging ( 455 IAC
					 2-4-17 ) by P.L. 153-2011, SECTION 21, effective July 1,
					 2011.