CHAPTER 2. CONTINUUM OF CARE
IC 12-10.5-2
Chapter 2. Continuum of Care
IC 12-10.5-2-1
Provision of standards of and promotion of best practices forprogram
Sec. 1. The division shall:
(1) provide standards for the training of; and
(2) promote best practices for;
continuum of care program providers.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-2-2
Rules
Sec. 2. Subject to section 3 of this chapter, the division may adoptrules under IC 4-22-2 necessary to carry out this chapter.
As added by P.L.274-2003, SEC.6. Amended by P.L.37-2005, SEC.3.
IC 12-10.5-2-3
Rule adoption; consultation with interested parties; requirementsfor rules; publication of comments received
Sec. 3. (a) Before finally adopting a rule under IC 4-22-2 toimplement this chapter, the division shall consult with and fullyconsider any comments submitted by:
(1) continuum of care providers providing care under thischapter;
(2) individuals receiving care under this chapter;
(3) area agencies on aging;
(4) consumers and providers of home and community basedservices under IC 12-10-10 and IC 12-10-11.5; and
(5) any other agency, volunteer group, faith based group, orindividual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth insubsection (b).
(b) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare ofindividuals receiving care under this chapter;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to, theparticular needs of the population;
(3) not create barriers to the availability of home andcommunity based services under IC 12-10-10 and IC 12-10-11.5by imposing costly or unduly burdensome requirements oncontinuum of care providers or other service providers,including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other
administrative requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and thischapter.
(c) Before submitting a rule adopted under this chapter to theattorney general for final approval under IC 4-22-2-31, the divisionshall submit to the publisher (as defined in IC 4-22-2-3(f)) forpublication in the Indiana Register the division's written responseunder IC 4-22-2-23 to any comments received from the partiesdescribed in subsection (a). Submissions to the publisher shall bemade in the electronic format specified by the publisher.
As added by P.L.37-2005, SEC.4. Amended by P.L.123-2006,SEC.27.