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 for
program

    


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 adopt
rules 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; requirements
for rules; publication of comments received

    


Sec. 3. (a) Before finally adopting a rule under IC 4-22-2 to
implement this chapter, the division shall consult with and fully
consider any comments submitted by:

        (1) continuum of care providers providing care under this
chapter;

        (2) individuals receiving care under this chapter;

        (3) area agencies on aging;

        (4) consumers and providers of home and community based
services under IC 12-10-10 and IC 12-10-11.5; and

        (5) any other agency, volunteer group, faith based group, or
individual that the division considers appropriate;

to ensure that the rule complies with the requirements set forth in
subsection (b).

    (b) Rules adopted under this chapter must:

        (1) include protections for the rights, safety, and welfare of
individuals 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, the
particular needs of the population;

        (3) not create barriers to the availability of home and
community based services under IC 12-10-10 and IC 12-10-11.5
by imposing costly or unduly burdensome requirements on
continuum 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 this
chapter.

    (c) Before submitting a rule adopted under this chapter to the
attorney general for final approval under IC 4-22-2-31, the division
shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
publication in the Indiana Register the division's written response
under IC 4-22-2-23 to any comments received from the parties
described in subsection (a). Submissions to the publisher shall be
made 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.