IC 12-10-11
    Chapter 11. Community and Home Options to Institutional Carefor the Elderly and Disabled Board
    Revisor's note: The 2003 Indiana Code Supplement statedincorrectly that IC 12-10-11 was repealed. Use the followingprovisions of IC 12-10-11.

IC 12-10-11-1
Establishment of board
    Sec. 1. The community and home options to institutional care forthe elderly and disabled board is established.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-2
Membership; appointment; vacancy; notice to public ofnomination process
    Sec. 2. (a) The board consists of the following fifteen (15)members:
        (1) The director of the division of family resources or thedirector's designee.
        (2) The chairman of the Indiana state commission on aging orthe chairman's designee.
        (3) Three (3) citizens at least sixty (60) years of age, nominatedby two (2) or more organizations that:
            (A) represent senior citizens; and
            (B) have statewide membership.
        (4) One (1) citizen less than sixty (60) years of age nominatedby one (1) or more organizations that:
            (A) represent individuals with disabilities; and
            (B) have statewide membership.
        (5) One (1) citizen less than sixty (60) years of age nominatedby one (1) or more organizations that:
            (A) represent individuals with mental illness; and
            (B) have statewide membership.
        (6) One (1) provider who provides services under IC 12-10-10.
        (7) One (1) licensed physician, nurse, or nurse practitioner whospecializes either in the field of gerontology or in the field ofdisabilities.
        (8) Two (2) home care services advocates or policy specialistsnominated by two (2) or more:
            (A) organizations;
            (B) associations; or
            (C) nongovernmental agencies;
        that advocate on behalf of home care consumers, including anorganization listed in subdivision (3) that represents seniorcitizens or persons with disabilities.
        (9) Two (2) members of the senate, who may not be membersof the same political party, appointed by the president protempore of the senate with the advice of the minority leader ofthe senate.        (10) Two (2) members of the house of representatives, who maynot be members of the same political party, appointed by thespeaker of the house of representatives with the advice of theminority leader of the house of representatives.
The members of the board listed in subdivisions (9) and (10) arenonvoting members.
    (b) The members of the board designated by subsection (a)(3)through (a)(8) shall be appointed by the governor for terms of two(2) years. In case of a vacancy, the governor shall appoint anindividual to serve for the remainder of the unexpired term.
    (c) The division shall establish notice and selection procedures tonotify the public of the board's nomination process described in thischapter. Information must be distributed through:
        (1) the area agencies on aging; and
        (2) all organizations, associations, and nongovernmentalagencies that work with the division on home care issues andprograms.
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.15;P.L.137-2005, SEC.1; P.L.145-2006, SEC.68.

IC 12-10-11-3
Per diem; expenses reimbursement
    Sec. 3. (a) Each member of the board who is not a state employeeis entitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Such a member is also entitled to reimbursementfor traveling expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the Indiana department ofadministration and approved by the budget agency.
    (b) Each member of the board who is a state employee is entitledto reimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-4
Meetings
    Sec. 4. The board shall meet at least six (6) times a year.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-5
Officers; election
    Sec. 5. Each year the board shall elect from its membership achairman and vice chairman.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-6
Deliberations procedures
    Sec. 6. The board shall establish procedures to govern its

deliberations.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-7
Staff services
    Sec. 7. The division shall provide staff services for the board.
As added by P.L.2-1992, SEC.4.

IC 12-10-11-8
Duties
    Sec. 8. The board shall do the following:
        (1) Establish long term goals of the state for the provision of acontinuum of care for the elderly and individuals with adisability based on the following:
            (A) Individual independence, dignity, and privacy.
            (B) Long term care services that are:
                (i) integrated, accessible, and responsible; and
                (ii) available in home and community settings.
            (C) Individual choice in planning and managing long termcare.
            (D) Access to an array of long term care services:
                (i) for an individual to receive care that is appropriate forthe individual's needs; and
                (ii) to enable a case manager to have cost effectivealternatives available in the construction of care plans andthe delivery of services.
            (E) Long term care services that include home care,community based services, assisted living, congregate care,adult foster care, and institutional care.
            (F) Maintaining an individual's dignity and self-reliance toprotect the fiscal interests of both taxpayers and the state.
            (G) Long term care services that are fiscally sound.
        (2) Review state policies on community and home care services.
        (3) Recommend the adoption of rules under IC 4-22-2.
        (4) Recommend legislative changes affecting community andhome care services.
        (5) Recommend the coordination of the board's activities withthe activities of other boards and state agencies concerned withcommunity and home care services.
        (6) Evaluate cost effectiveness, quality, scope, and feasibility ofa state administered system of community and home careservices.
        (7) Evaluate programs for financing services to those in need ofa continuum of care.
        (8) Evaluate state expenditures for community and home careservices, taking into account efficiency, consumer choice,competition, and equal access to providers.
        (9) Develop policies that support the participation of familiesand volunteers in meeting the long term care needs ofindividuals.        (10) Encourage the development of funding for a continuum ofcare from private resources, including insurance.
        (11) Develop a cost of services basis and a program of costreimbursement for those persons who can pay all or a part of thecost of the services rendered. The division shall use this cost ofservices basis and program of cost reimbursement inadministering IC 12-10-10. The cost of services basis andprogram of cost reimbursement must include a client cost shareformula that:
            (A) imposes no charges for an eligible individual whoseincome does not exceed one hundred fifty percent (150%) ofthe federal income poverty level; and
            (B) does not impose charges for the total cost of servicesprovided to an individual under the community and homeoptions to institutional care for the elderly and disabledprogram unless the eligible individual's income exceedsthree hundred fifty percent (350%) of the federal incomepoverty level.
        The calculation of income for an eligible individual mustinclude the deduction of the individual's medical expenses andthe medical expenses of the individual's spouse and dependentchildren who reside in the eligible individual's household.
        (12) Establish long term goals for the provision of guardianshipservices for adults.
        (13) Coordinate activities and programs with the activities ofother boards and state agencies concerning the provision ofguardianship services.
        (14) Recommend statutory changes affecting the guardianshipof indigent adults.
        (15) Review a proposed rule concerning home and communitybased services as required under section 9 of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1994, SEC.1;P.L.114-1997, SEC.1; P.L.24-1997, SEC.29; P.L.137-2005, SEC.2;P.L.99-2007, SEC.65.

IC 12-10-11-9
Board review of proposed rules on home and community basedcare; failure for review voids rules; rules subject to publiccomment; request to modify or withdraw rule
    Sec. 9. (a) The board shall be given the opportunity to review aproposed rule concerning home and community based services for:
        (1) elderly individuals; or
        (2) individuals with disabilities;
at least three (3) months before a proposed rule may be published inthe Indiana Register.
    (b) If the proposing agency fails to give the board the opportunityto review a proposed rule described in subsection (a), the rule:
        (1) is void; and
        (2) must be withdrawn by the proposing agency.
    (c) The board may determine that the proposed rule reviewed by

the board under this section should be subject to a public commentperiod. If the board makes a determination that a public commentperiod is necessary, the board shall set the:
        (1) date and time;
        (2) location; and
        (3) format;
of the public comment period for the proposed rule.
    (d) After a public hearing, if the board determines that a proposedrule is substantially out of compliance with state law governing homeand community based services, the board shall request that theagency proposing the rule modify or withdraw the proposed rule. Ifa proposed rule is modified under this subsection, the modified rulemust be reviewed by the board.
As added by P.L.137-2005, SEC.3.