reglab/statecodes huggingface dataset:
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 4-18 - "Exploitation" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 35-46-1-12
Sec. 18.
"Exploitation" means:
(1) unauthorized use of the:
(A) personal services;
(B) property; or
(C) identity; of an individual; or
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 4-19 - "Home and community based services" or "HCBS" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 16-18-2-28.5
Sec. 19.
"Home and community based services" or "HCBS" means
				  supportive services provided within the limit of available funding to an
				  eligible individual. The term includes, but is not limited to, the
				  following:
(1) Homemaker
				services.
(2) Attendant care
				services under IC 16-18-2-28.5.
(3)
				Respite care services and other support services for primary or family
				caregivers.
(4) Adult day
				services.
(5) Home health services
				and supplies.
(6) Home delivered
				meals.
(7)
				Transportation.
(8) Self-directed
				attendant care services provided by a registered personal services attendant
				under the applicable statute to individuals in need of self-directed in-home
				care.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-19 ) to the Division of Aging ( 455 IAC
					 2-4-19 ) 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 4-20 - "Individual" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-10
Sec. 20.
"Individual" means a person who has been determined eligible
				  for services by a DDARS waiver specialist or DDARS under
				  42 CFR 441.302,
				  or services under IC 12-10-10. If the term is used in the context indicating
				  that the individual is to receive information, the term also includes the
				  individual's legal representative.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-20 ) to the Division of Aging ( 455 IAC
					 2-4-20 ) 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 4-21 - "Legal representative" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-13-3.3; IC 16-36-1; IC 30-5-5-16
Sec. 21.
"Legal representative" means any of the following:
(1) A guardian.
(2) A health care representative acting under
				IC 16-36-1.
(3) An attorney in fact
				for health care appointed under IC 30-5-5-16.
(4) An attorney in fact appointed under IC
				30-5-5 who does not hold health care powers.
(5) The personal representative of the estate
				of a resident of a long term facility or client of home care services as set
				forth in IC 12-10-13-3.3.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-21 ) to the Division of Aging ( 455 IAC
					 2-4-21 ) 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 4-22 - "Long term care services eligibility screen" 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. 22.
"Long term care services eligibility screen" means the
				  assessment tool established under IC 12-10-10-6.3.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-22 ) to the Division of Aging ( 455 IAC
					 2-4-22 ) 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 4-23 - "Neglect" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 12-11-1.1; IC 12-11-2.1
Sec. 23.
"Neglect" means failure to provide:
(1) supervision;
(2) training;
(3) appropriate care;
(4) medical care; or
(5) medical supervision; to an
				individual.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-23 ) to the Division of Aging ( 455 IAC
					 2-4-23 ) 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 4-24 - "Other services" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 24.
"Other services" means services necessary to prevent an
				  individual from losing his or her independence that are not traditionally
				  listed as services funded by the CHOICE program or other funding
				  sources.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-24 ) to the Division of Aging ( 455 IAC
					 2-4-24 ) 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 4-25 - "Party" or "parties" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 25.
"Party" or "parties" means any entity directly involved in a
				  dispute under this article.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-25 ) to the Division of Aging ( 455 IAC
					 2-4-25 ) 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 4-26 - "Provider" or "service provider" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 26.
"Provider" or "service provider" means an entity approved by
				  DDARS to provide an individual with agreed upon HCBS.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-26 ) to the Division of Aging ( 455 IAC
					 2-4-26 ) 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 4-27 - "Reportable unusual occurrence" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 27.
"Reportable unusual occurrence" means an incident of
				  suspected abuse, neglect, or exploitation or other situations that place at
				  risk an adult or child receiving HCBS.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-27 ) to the Division of Aging ( 455 IAC
					 2-4-27 ) 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 4-28 - "Secretary" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 28.
"Secretary" means the secretary of family and social services
				  appointed under IC 12-8-1-2
[IC 12-8-1 expired under IC 12-8-1-10. See
				  IC 12-8.5-1.]
.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-28 ) to the Division of Aging ( 455 IAC
					 2-4-28 ) 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 4-29 - "Social services block grant" or "SSBG" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 29.
"Social services block grant" or "SSBG" means federal
				  assistance dollars established by Title XX of the Social Security Act (codified
				  by 42 CFR 1397-42 CFR 1397e and by 470 IAC 13-1 ).
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-29 ) to the Division of Aging ( 455 IAC
					 2-4-29 ) 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 4-30 - "Title III" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 30.
" Title III " means Title III of the Older Americans Act,
				  found in
				  42 U.S.C.
				  3021 through 42 U.S.C. 3030s-12, as
				  amended.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-30 ) to the Division of Aging ( 455 IAC
					 2-4-30 ) 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 4-31 - "Warranty" defined

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 31.
"Warranty", for a new product or service, means a written,
				  binding document that states that, for not less than one (1) year, the service
				  provider shall replace or adequately repair any device, instrument, or machine,
				  including:
(1) durable medical
				equipment;
(2) personal emergency
				response systems; or
(3) home
				modifications; that are found to be defective or have stopped working
				satisfactorily because of incorrect or inadequate installation.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-4-31 ) to the Division of Aging ( 455 IAC
					 2-4-31 ) 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 5 - Types of Home and Community Based Services › Section 5-1 - Types of home and community based services

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 16-27-1; IC 25-23-1
Sec. 1.
(a) Types of
				HCBS available under the aged and disabled Medicaid waiver include, but are not
				limited to, the following:
(1) Adult day
				services.
(2) Assisted
				living.
(3) Attendant
				care.
(4) Case
				management.
(5) Community
				transition.
(6) Congregate
				care.
(7) Environmental
				modifications.
(8) Home delivered
				meals.
(9) Homemaker.
(10) Nutritional supplements.
(11) Personal emergency response systems
				(PERS).
(12) Pest
				control.
(13) Respite.
(14) Specialized medical equipment.
(15) Transportation.
(16) Vehicle modifications.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-1 - Becoming an approved provider; maintaining approval

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) In order
				to become an approved provider of HCBS, an entity shall do the following:
(1) Under CHOICE and Medicaid waiver:
(A) meet the current minimum service provider
				requirements as specified; and
(B)
				be a provider of an approved nursing facility level of care Medicaid waiver
				service or a home and community based service listed in
				455
				IAC 2-4-19.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-2 - General requirements

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10-10-9
Sec. 2.
(a) A service
				provider for HCBS funded through funds administered by DDARS shall do the
				following:
(1) Comply with the following:
(A) Applicable federal, state, county, or
				municipal regulations that govern the operation of the agency.
(B) Family and social services administration
				and DDARS laws, rules, and policies.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-3 - General requirements for direct care staff

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 3.
As follows, staff providing direct care for HCBS providers
				  must:
(1) Be at least eighteen (18)
				years of age.
(2) Be competent to
				provide services according to the individual's plan of care.
(3) Demonstrate the ability to effectively
				communicate.
(4) Submit a copy of a
				current negative TB test or negative chest x-ray that is completed
				annually.
(5) Possess a current,
				valid state-issued driver's license if the employee will be transporting an
				individual.
(6) Provide proof of
				current insurance on the vehicle used to transport an individual that meets
				current Indiana requirements.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-6-3 ) to the Division of Aging ( 455 IAC
					 2-6-3 ) 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 6 - Provider Qualifications › Section 6-4 - Monitoring; corrective action

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 4.
(a) DDARS
				shall monitor compliance with the requirements of this article as follows:
(1) As stated in the current executed
				contract or provider agreement.
(2)
				Upon receiving a complaint or report alleging a provider's noncompliance with
				the requirements of this article.
(3) As frequently as deemed necessary by
				DDARS.
(4) According to DDARS
				approved policy.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-5 - Effect of noncompliance; notice

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) If a
				provider does not comply with the requirements of this article or does not
				submit and complete an acceptable, approved corrective action plan to the
				reasonable satisfaction of DDARS within the time specified, DDARS shall not
				authorize either or both of the following:
(1)
				The continuation of services to an individual or individuals by the provider,
				if the services do not comply with this article.
(2) The receipt of services by individuals
				not already receiving services from the provider at the time the determination
				is made that the provider did not implement a corrective action plan to the
				reasonable satisfaction of DDARS.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-6 - Endangerment of an individual's health and welfare

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 4-21.5; IC 12-10
Sec. 6.
(a) If a
				provider's noncompliance with this article endangers the health or welfare of
				an individual such that an emergency exists, as determined by DDARS or its
				designee, DDARS may enter an order for any of the following:
(1) Termination of continued authorization
				for the provider to:
(A) serve any individual
				whose health or safety is being seriously endangered; or
(B) provide any services under this
				article.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 6 - Provider Qualifications › Section 6-7 - Revocation of approval

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 7.
DDARS may revoke the approval of a provider under this rule
				  for any of the following reasons:
(1)
				The provider's repeated noncompliance with this article.
(2) The provider's continued noncompliance
				with this article.
(3) The
				provider's noncompliance with this article that endangers the health or welfare
				of an individual.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-6-7 ) to the Division of Aging ( 455 IAC
					 2-6-7 ) 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 7 - Appeals › Section 7-1 - Appeals

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 4-21.5; IC 12-10
Sec. 1.
(a) If an
				HCBS provider has an executed contract or provider agreement to provide a
				service to an individual, the provider has the right to appeal decisions that
				adversely affect the service provider.
(b) The service provider shall make a written
				request for an appeal hearing to the secretary within fifteen (15) days of the
				date of an adverse decision.
(c)
				The request must:
(1) include a statement
				indicating with reasonable particularity the issue the service provider wishes
				to be reviewed; and
(2) be signed
				and dated by the service provider.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 8 - Protecting Individuals › Section 8-1 - Procedures for protecting individuals

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) The
				individual's approved provider of CMS shall inform the individual at regular
				intervals, as specified by the individual's care plan, of the individual's
				right to refuse treatment or seek changes in their care plan.
(b) Each provider of services shall establish
				a written procedure providing for:
(1)
				administrative action against;
(2)
				investigating an alleged violation by;
(3) disciplinary action against;
				and
(4) dismissal of; an employee
				or agent of the provider, if the employee or agent is involved in the alleged,
				suspected, or actual abuse, neglect, exploitation, or mistreatment of an
				individual or a violation of an individual's rights.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 8 - Protecting Individuals › Section 8-2 - Unusual occurrence; reporting

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a)
				Incidents falling in the category of unusual occurrences, as defined in
				subsection (b), shall be reported to the following:
(1) DDARS within the approved, specified time
				frame on the prescribed incident reporting format approved by DDARS.
(2) As applicable, APS or CPS.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 8 - Protecting Individuals › Section 8-3 - Transfer of individual's records upon change of provider

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 3.
If an individual changes providers for a home and community
				  based service, the original provider shall transfer copies of all records
				  related to the individual to the new provider:
(1) within five (5) calendar days;
				and
(2) in compliance with HIPAA
				regulations.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-8-3 ) to the Division of Aging ( 455 IAC
					 2-8-3 ) 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 8 - Protecting Individuals › Section 8-4 - Notice of termination of services

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 4.
(a) Pursuant
				to the executed provider agreement, a service provider shall furnish at least
				thirty (30) days written notice to:
(1) the
				individual;
(2) the legal
				representative, if applicable;
(3)
				the case manager, as applicable; and
(4) the Medicaid waiver specialist; before
				terminating waiver services to an individual.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 9 - General Administrative Requirements for Providers › Section 9-1 - Provider organizational chart

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 provider shall do the following:
(1) Maintain a current organizational chart,
				including the following:
(A) Parent
				organizations.
(B) Subsidiary
				organizations.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 9 - General Administrative Requirements for Providers › Section 9-2 - Collaboration and quality control

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a) The case
				management provider for an individual shall collaborate with the individual's
				other service providers to coordinate services to the individual consistent
				with the individual's care plan.
(b) If an individual dies, a provider:
(1) shall file an incident report following
				DDARS guidelines;
(2) must
				cooperate with the:
(A) provider of CMS;
				and
(B) appropriate APS or CPS
				units responsible for conducting an investigation into the individual's death;
				and
(3) shall submit
				copies of required records to the mortality review analyst within thirty (30)
				days.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 9 - General Administrative Requirements for Providers › Section 9-3 - Resolution of disputes

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 4-21.5; IC 12-10; IC 12-11-1.1; IC
				  12-11-2.1
Sec. 3.
(a) If a
				dispute arises between or among providers, the dispute resolution process set
				out in this section shall be implemented.
(b) The resolution of a dispute shall be
				designed to address an individual's needs.
(c) The parties to the dispute and the
				individual shall attempt to resolve the dispute informally through an exchange
				of information and possible resolution.
(d) If these parties are not able to resolve
				the dispute within fifteen (15) calendar days:
(1) each party must document, in writing:
(A) the issues in the dispute;
(B) their positions; and
(C) their efforts to resolve the dispute;
				and
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 9 - General Administrative Requirements for Providers › Section 9-4 - Data collection and reporting standards

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 4.
A provider or its agent shall do the following:
(1) Utilize the state-approved data
				collection system.
(2) Adhere to
				its set requirements.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-9-4 ) to the Division of Aging ( 455 IAC
					 2-9-4 ) 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 9 - General Administrative Requirements for Providers › Section 9-5 - Quality assurance and quality improvement system

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) A
				provider or its agent shall have a written internal quality assurance and
				quality improvement system that is as follows:
(1) Focused on the individual.
(2) Appropriate for the services being
				provided.
(3) Ongoing and updated
				at least annually.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 9 - General Administrative Requirements for Providers › Section 9-6 - Prohibition against office in residence of individual

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 6.
In the instance where residency is a service, a provider
				  shall not do either of the following:
(1) Maintain an office in an individual's
				residence from which the individual is excluded from:
(A) entering; or
(B) using equipment contained in the
				office.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 10 - Financial Information › Section 10-1 - Disclosure of financial information

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 5-11-1; IC 12-10
Sec. 1.
(a) A
				provider or its agent shall do the following:
(1) Maintain financial records in accordance
				with generally accepted accounting and bookkeeping practices.
(2) Be audited as follows:
(A) Under the direction of the provider
				agreement or contract.
(B)
				According to state board of accounts requirements and procedures for the
				services contracted.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 11 - Insurance › Section 11-1 - Property and personal liability insurance

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 provider shall secure insurance to cover at least:
(1) personal injury;
(2) loss of life; and
(3) property damage; to an individual caused
				by fire, accident, or other casualty arising from the provision of services to
				the individual by the provider.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-11-1 ) to the Division of Aging ( 455 IAC
					 2-11-1 ) 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 12 - Transportation of an Individual › Section 12-1 - Transportation of an individual

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
An approved provider of transportation services or its agent
				  shall do the following:
(1) Maintain
				the vehicle or vehicles used in the provision of transportation services in
				good repair.
(2) Retain and make
				available upon request, records of regular and appropriate
				maintenance.
(3) Assure the vehicle
				used for transportation services is properly registered:
(A) with the Indiana bureau of motor
				vehicles; or
(B) in the state in
				which the owner of the vehicle resides.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 13 - Professional Qualifications and Requirements › Section 13-1 - Documentation of qualifications

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 provider or its agent shall maintain documentation that the
				  provider meets and maintains the requirements for providing services under this
				  article.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-13-1 ) to the Division of Aging ( 455 IAC
					 2-13-1 ) 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 14 - Personnel Records › Section 14-1 - Maintenance of personnel files

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) A
				provider shall maintain, in the provider's office, files for each employee or
				agent of the provider.
(b) The
				files for each employee or agent who provides direct care shall contain the
				following:
(1) An annual negative:
(A) tuberculin skin test; or
(B) chest x-ray; before providing services,
				updated in accordance with recommendations of the Centers for Disease Control.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 15 - Personnel Policies and Manuals › Section 15-1 - 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 rule applies to a provider who uses employees or agents
				  to provide services.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-15-1 ) to the Division of Aging ( 455 IAC
					 2-15-1 ) 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 15 - Personnel Policies and Manuals › Section 15-2 - Adoption of personnel policies

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 16-27-2-5; IC 35-42; IC 35-43-4; IC
				  35-46-1-12; IC 35-46-1-13
Sec. 2.
(a) A
				provider or its agent shall do the following:
(1) Adopt, maintain, and follow a written
				personnel policy.
(2) Review the
				personnel policies at least annually and update as needed.
(3) Provide to each employee or agent access
				to the personnel policy.
(4) Adopt
				and maintain a job description for each position, including the following:
(A) Minimum qualifications for the
				position.
(B) Major duties required
				of the position.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 15 - Personnel Policies and Manuals › Section 15-3 - Operations manual

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 3.
(a) A
				provider or its agent shall:
(1) ensure
				compliance with; and
(2) compile
				written policies and procedures required by sections 1 and 2 of this rule into;
				a written operations manual.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 16 - Maintenance of Records of Services Provided › Section 16-1 - Maintenance of records of services provided

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) A
				provider or its agent shall maintain, in the provider's office, documentation
				of all services provided to an individual.
(b) Documentation related to an individual
				and required by this article shall be maintained by the provider per HIPAA
				guidelines following discharge of the individual or as specified in law or
				rule.
(c) A provider or its agent
				shall analyze and maintain the documentation required by the following:
(1) The standards under this article
				applicable to the services the provider is providing to an
				individual.
(2) The professional
				standards applicable to the provider's profession.
(3) The individual's plan of care.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 16 - Maintenance of Records of Services Provided › Section 16-2 - Individual's personal file; site of service delivery

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a) A
				provider specified in the individual's plan of care as being responsible for
				maintaining the individual's personal file shall maintain a personal file for
				the individual at one (1) of the following:
(1) The individual's residence.
(2) The primary location where the individual
				receives services.
(3) The offices
				of the specified provider.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-1 - Information concerning an individual

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 provider of CMS shall have the following information about
				  an individual receiving CMS:
(1) The
				needs and wants of an individual, including the following:
(A) Health.
(B) Welfare.
(C) Wishes for self-directed care.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-2 - Training and orientation

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a) To
				become an approved case manager, the person shall do the following:
(1) Meet all the necessary
				qualifications.
(2) Attend the
				required case manager orientation training.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-3 - Contact information

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 3.
A provider of CMS shall give the individual or the
				  individual's legal representative, if applicable, clear instructions for
				  contacting the provider, including contact information for nonbusiness
				  hours.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-17-3 ) to the Division of Aging ( 455 IAC
					 2-17-3 ) 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 17 - Case Management › Section 17-4 - Distribution of information

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 4.
(a) A
				provider of CMS shall ensure that:
(1) the
				individual and their legal representative, if applicable; and
(2) all other providers of services to the
				individual, regardless of whether the services are provided under this article;
				have copies of relevant documentation, including information on individual
				rights, an individual's plan of care, how to file complaints with DDARS, and
				requesting appeals concerning issues and disputes relating to the services
				provided to the individual.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-5 - Availability of providers

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 provider of CMS shall provide the:
(1) individual; or
(2) individual's legal representative upon
				request; with a current list of providers approved under this article,
				including a complete description of services offered by each provider from a
				generated pick list.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-17-5 ) to the Division of Aging ( 455 IAC
					 2-17-5 ) 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 17 - Case Management › Section 17-6 - Plan of care progress

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 6.
(a) A
				provider of case management shall do the following:
(1) Ascertain and document the:
(A) quality;
(B) timeliness; and
(C) appropriateness; of the care, services,
				and products delivered to an individual.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-7 - Documentation of services provided

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 7.
(a) A
				provider of CMS shall maintain documentation of the following:
(1) Contact with the following:
(A) An individual or a representative, or
				both, as applicable.
(B) An
				individual's providers.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 17 - Case Management › Section 17-8 - Conflict of interest

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 8.
If an entity provides CMS, this entity shall not provide
				  another service under this article unless a waiver to do so is received and
				  approved by DDARS.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-17-8 ) to the Division of Aging ( 455 IAC
					 2-17-8 ) 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 18 - Required Warranties › Section 18-1 - Warranty required

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 1.
All applicable services provided to an individual under this
				  rule including, but not limited to:
(1) durable medical equipment;
(2) personal emergency response
				system;
(3) home modification;
				and
(4) vehicle modifications;
				shall supply a warranty effective for at least one (1) year from the date of
				new installation or the date the individual received the new item, whichever is
				applicable.
Transferred from the Division of Disability and
					 Rehabilitative Services ( 460 IAC 1.2-18-1 ) to the Division of Aging ( 455 IAC
					 2-18-1 ) 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 19 - Services › Section 19-1 - Coordination of services and plan of care

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) As
				follows, the case manager shall create a plan of care for the individual that
				shall:
(1) Consist of a formal description of
				goals, objectives, and strategies, including the following:
(A) Desired outcomes.
(B) Persons responsible for
				implementation.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 20 - Residential Day Service › Section 20-1 - Safety and security policies and procedures

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) A
				provider designated in an individual's plan of care as responsible for
				providing a residential or day services environment, or both, for the
				individual shall do the following:
(1)
				Maintain specific written safety and security policies and procedures for an
				individual.
(2) Train all employees
				or agents in implementing the policies and procedures.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 20 - Residential Day Service › Section 20-2 - Emergency telephone numbers

Current through July 10, 2024
Authority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10
Sec. 2.
(a) A
				provider designated in an individual's care plan as responsible for providing
				CMS shall recommend and advise that an emergency telephone number list should
				be located:
(1) in an area visible from the
				telephone used by an individual; or
(2) as indicated in the individual's care
				plan.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 2 - HOME AND COMMUNITY BASED SERVICES › Rule 21 - Code of Ethics › Section 21-1 - Code of ethics

Current through July 10, 2024
Authority: IC
				  12-9.1-2-3; IC
				  12-10.5-2-2
Affected: IC 12-10
Sec. 1.
All providers or agents providing services under this
				  article shall abide by the code of ethics in this section. A provider shall do
				  the following:
(1) Provide
				professional services with objectivity and with respect for the independence
				and the unique needs and values of the individual being provided
				services.
(2) Avoid discrimination
				on the basis of factors that are irrelevant to the provision of services,
				including, but not limited to, the following:
(A) Race.
(B) Creed.
(C) Gender.
(D) Age.
(E) Disability.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15; IC 16-28
Sec. 1.
This rule applies to the provision of assisted living
				  Medicaid waiver services in residential care facilities licensed under IC 16-28
				  and
				  410 IAC
				  16.2-5.
Transferred from the Division of Disability and
					 Rehabilitative Services (460 IAC 8-1-1) to the Division of Aging (455 IAC
					 3-1-1) by P.L. 153-2011,
					 SECTION
					 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-9-1-1; IC 12-10-13-4.5; IC 12-15; IC 16-28;
				  IC 16-36-1-5
Sec. 2.
The following definitions apply throughout this rule:
(1) "Activities of daily living" means those
				personal functional activities required by a recipient for continued well-being
				including:
(A) mobility;
(B) dressing;
(C) bathing;
(D) eating;
(E) toileting; and
(F) transferring.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-3 - Provider approval

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-15; IC 12-15; IC 16-28
Sec. 3.
In order to be approved by the division to provide assisted
				  living Medicaid waiver services, an applicant shall do the following:
(1) Complete an application form prescribed
				by the division.
(2) Submit
				evidence that the applicant:
(A) Has a license
				required by IC 16-28 and
				410 IAC
				16.2-5 for each facility at which assisted living
				Medicaid waiver services will be provided.
(B) Has registered each facility at which
				assisted living services will be provided as a housing with services
				establishment under IC 12-10-15.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-4 - Decision on approval; administrative review; provider agreement

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 4-21.5; IC 12-10-15; IC 12-15; IC 16-28
Sec. 4.
(a) The
				division shall determine whether an applicant meets the requirements under this
				article.
(b) The division shall
				notify an applicant in writing of the division's determination within sixty
				(60) days of submission of a completed application.
(c) If an applicant is adversely affected or
				aggrieved by the division's determination, the applicant may request
				administrative review of the determination. Such request shall be made in
				writing and filed with the director of the division within fifteen (15) days
				after the applicant receives written notice of the division's determination.
				Administrative review shall be conducted pursuant to IC 4-21.5.
(d) Once an applicant has been approved by
				the division to provide assisted living Medicaid waiver services, an applicant
				cannot provide assisted living Medicaid waiver services until the applicant has
				completed and submitted a Medicaid waiver assisted living provider
				agreement.
(e) No person or entity
				shall represent themselves as operating as an assisted living Medicaid waiver
				provider or accept placement of a recipient without first being approved to
				provide assisted living Medicaid waiver services.
Transferred from the Division of Disability and
					 Rehabilitative Services (460 IAC 8-1-4) to the Division of Aging (455 IAC
					 3-1-4) by P.L. 153-2011,
					 SECTION
					 21, effective July 1,
					 2011.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-5 - Facility requirements

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-15-7; IC 12-15; IC 16-28
Sec. 5.
(a) Each
				facility at which assisted living Medicaid waiver services are provided shall
				meet the following requirements:
(1) Maintain
				a current residential care facility license as required by IC 16-28 and
				410 IAC
				16.2-5.
(2) Comply with the requirements of IC
				12-10-15.
(3) Provide assisted
				living Medicaid waiver service recipients with individual residential living
				units that include the following:
(A) A
				bedroom.
(B) A private
				bath.
(C) A substantial living
				area. and
(D) A kitchenette that
				contains:
(i) a refrigerator;
(ii) a food preparation area; and
(iii) a microwave or stovetop for hot food
				preparation.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-6 - Assisted living Medicaid waiver services

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15; IC 16-28-13-1
Sec. 6.
(a) The
				provider shall provide the following assisted living Medicaid waiver services:
(1) Personal care services.
(2) Homemaker services.
(3) Chore services.
(4) Attendant care services, including
				supportive services.
(5) Companion
				services.
(6) Medication oversight
				services, as permitted by state law. and
(7) Therapeutic, social, and recreational
				programming.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 3 - ASSISTED LIVING MEDICAID WAIVER SERVICES › Rule 1 - Assisted Living Medicaid Waiver Services › Section 1-7 - Levels of service; level of service assessment/evaluation tool; provider enrollment

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-15
Sec. 7.
(a) Assisted
				living Medicaid waiver services will be provided and paid according to three
				(3) levels of service, with level one (1) being the least impaired and level
				three (3) the most impaired/dependent. No assisted living Medicaid waiver
				services may be provided that meet the skilled level of care as defined in
				405 IAC
				1-3-1.
(b)
				The impairment level assessment tool for assisted living Medicaid waiver
				services will be based on the point system definitions designated on the level
				of service assessment form and will be documented on forms prescribed by the
				division.
Transferred from the Division of Disability and
					 Rehabilitative Services (460 IAC 8-1-7) to the Division of Aging (455 IAC
					 3-1-7) by P.L. 153-2011,
					 SECTION
					 21, effective July 1,
					 2011.