CHAPTER 17.1. INDIVIDUALS IN NEED OF SELF-DIRECTED IN-HOME CARE
IC 12-10-17.1
Chapter 17.1. Individuals in Need of Self-Directed In-Home Care
IC 12-10-17.1-1
Applicability of chapter
Sec. 1. This chapter does not apply to the following:
(1) An individual who provides attendant care services and whois employed by and under the direct control of a home healthagency (as defined in IC 12-15-34-1).
(2) An individual who provides attendant care services and whois employed by and under the direct control of a licensedhospice program under IC 16-25.
(3) An individual who provides attendant care services and whois employed by and under the control of an employer that is notthe individual who is receiving the services.
(4) A practitioner (as defined in IC 25-1-9-2) who is practicingunder the scope of the practitioner's license (as defined inIC 25-1-9-3).
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-2
"Ancillary services" defined
Sec. 2. As used in this chapter, "ancillary services" means servicesancillary to the basic services provided to an individual in need ofself-directed in-home care who needs at least one (1) of the basicservices (as defined in section 4 of this chapter). The term includesthe following:
(1) Homemaker services, including shopping, laundry, cleaning,and seasonal chores.
(2) Companion services, including transportation, letter writing,mail reading, and escort services.
(3) Assistance with cognitive tasks, including managingfinances, planning activities, and making decisions.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-3
"Attendant care services" defined
Sec. 3. As used in this chapter, "attendant care services" meansthose basic and ancillary services that the individual chooses todirect and supervise a personal services attendant to perform and thatenable an individual in need of self-directed in-home care to live inthe individual's home and community rather than in an institution andto carry out functions of daily living, self-care, and mobility.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-4
"Basic services" defined
Sec. 4. As used in this chapter, "basic services" means a functionthat could be performed by the individual in need of self-directedin-home care if the individual did not have a physical disability. The
term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, andmotor vehicles.
(2) Assistance with routine bodily functions, including:
(A) health related services (as defined in section 5 of thischapter);
(B) bathing and personal hygiene;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007,SEC.67.
IC 12-10-17.1-5
"Health related services" defined
Sec. 5. As used in this chapter, "health related services" meansthose medical activities that, in the written opinion of the attendingphysician submitted to the case manager of the individual in need ofself-directed in-home care, could be performed by the individual ifthe individual were physically capable, and if the medical activitiescan be safely performed in the home, and:
(1) are performed by a person who has been trained orinstructed on the performance of the medical activities by anindividual in need of self-directed in-home care who is, in thewritten opinion of the attending physician submitted to the casemanager of the individual in need of self-directed in-home care,capable of training or instructing the person who will performthe medical activities; or
(2) are performed by a person who has received training orinstruction from a licensed health professional, within theprofessional's scope of practice, in how to properly perform themedical activity for the individual in need of self-directedin-home care.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-6
"Individual in need of self-directed in-home care" defined
Sec. 6. As used in this chapter, "individual in need of self-directedin-home care" means an individual with a disability, or personresponsible for making health related decisions for the individualwith a disability, who:
(1) is approved to receive Medicaid waiver services under 42U.S.C. 1396n(c), or is a participant in the community and homeoptions to institutional care for the elderly and disabledprogram under IC 12-10-10;
(2) is in need of attendant care services because of impairment;
(3) requires assistance to complete functions of daily living,self-care, and mobility, including those functions included inattendant care services;
(4) chooses to self-direct a paid personal services attendant toperform attendant care services; and (5) assumes the responsibility to initiate self-directed in-homecare and exercise judgment regarding the manner in whichthose services are delivered, including the decision to employ,train, and dismiss a personal services attendant.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007,SEC.68.
IC 12-10-17.1-7
"Licensed health professional" defined
Sec. 7. As used in this chapter, "licensed health professional"means any of the following:
(1) A registered nurse.
(2) A licensed practical nurse.
(3) A physician with an unlimited license to practice medicineor osteopathic medicine.
(4) A licensed dentist.
(5) A licensed chiropractor.
(6) A licensed optometrist.
(7) A licensed pharmacist.
(8) A licensed physical therapist.
(9) A licensed occupational therapist.
(10) A certified psychologist.
(11) A licensed podiatrist.
(12) A licensed speech-language pathologist or audiologist.
As added by P.L.141-2006, SEC.44. Amended by P.L.197-2007,SEC.3.
IC 12-10-17.1-8
"Personal services attendant" defined
Sec. 8. As used in this chapter, "personal services attendant"means an individual who is registered to provide attendant careservices under this chapter and who has entered into a contract withan individual and acts under the individual's direction to provideattendant care services that could be performed by the individual ifthe individual were physically capable.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-9
"Self-directed in-home health care" defined
Sec. 9. As used in this chapter, "self-directed in-home health care"means the process by which an individual, who is prevented by adisability from performing basic and ancillary services that theindividual would perform if the individual did not have a disability,chooses to direct and supervise a paid personal services attendant toperform those services in order for the individual to live in theindividual's home and community rather than an institution.
As added by P.L.141-2006, SEC.44. Amended by P.L.99-2007,SEC.69.
IC 12-10-17.1-10 Registration; prohibition
Sec. 10. (a) An individual may not provide attendant care servicesfor compensation from Medicaid or the community and home optionsto institutional care for the elderly and disabled program for anindividual in need of self-directed in-home care services unless theindividual is registered under section 12 of this chapter.
(b) An individual who is a legally responsible relative of anindividual in need of self-directed in-home care, including a parentof a minor individual and a spouse, is precluded from providingattendant care services for compensation under this chapter.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-11
Registration requirement
Sec. 11. An individual who desires to provide attendant careservices must register with the division or with an organizationdesignated by the division.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-12
Registration by the division; duties of the division
Sec. 12. (a) The division shall register an individual who providesthe following:
(1) A personal resume containing information concerning theindividual's qualifications, work experience, and any credentialsthe individual may hold. The individual must certify that theinformation contained in the resume is true and accurate.
(2) The individual's limited criminal history check from theIndiana central repository for criminal history informationunder IC 10-13-3 or another source allowed by law.
(3) If applicable, the individual's state nurse aide registry reportfrom the state department of health. This subdivision does notrequire an individual to be a nurse aide.
(4) Three (3) letters of reference.
(5) A registration fee. The division shall establish the amountof the registration fee.
(6) Proof that the individual is at least eighteen (18) years ofage.
(7) Any other information required by the division.
(b) A registration is valid for two (2) years. A personal servicesattendant may renew the personal services attendant's registration byupdating any information in the file that has changed and by payingthe fee required under subsection (a)(5). The limited criminal historycheck and report required under subsection (a)(2) and (a)(3) must beupdated every two (2) years.
(c) The division and any organization designated under section 11of this chapter shall maintain a file for each personal servicesattendant that contains:
(1) comments related to the provision of attendant care servicessubmitted by an individual in need of self-directed in-home care
who has employed the personal services attendant; and
(2) the items described in subsection (a)(1) through (a)(4).
(d) Upon request, the division shall provide to an individual inneed of self-directed in-home care the following:
(1) Without charge, a list of personal services attendants whoare registered with the division and available within therequested geographic area.
(2) A copy of the information of a specified personal servicesattendant who is on file with the division under subsection (c).The division may charge a fee for shipping, handling, andcopying expenses.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-13
Physician's written opinion
Sec. 13. The case manager of an individual in need ofself-directed in-home care shall maintain an attending physician'swritten opinion submitted under section 5 of this chapter in a casefile that is maintained for the individual by the case manager.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-14
Employer; immunity; liability
Sec. 14. (a) A personal services attendant who is hired by theindividual in need of self-directed in-home care is an employee of theindividual in need of self-directed in-home care.
(b) The division is not liable for any actions of a personal servicesattendant or an individual in need of self-directed in-home care.
(c) A personal services attendant and an individual in need ofself-directed in-home care are each liable for any negligent orwrongful act or omission in which the person personally participates.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-15
Responsibilities of individuals in need of self-directed in-home care
Sec. 15. (a) Except as provided in subsection (b), an individual inneed of self-directed in-home care is responsible for recruiting,hiring, training, paying, certifying any employment relateddocuments, dismissing, and supervising in the individual's homeduring service hours a personal services attendant who providesattendant care services for the individual.
(b) If an individual in need of self-directed in-home care is:
(1) less than twenty-one (21) years of age; or
(2) unable to direct in-home care because of a brain injury ormental deficiency;
the individual's parent, spouse, legal guardian, or a person possessinga valid power of attorney for the individual, may make employment,care, and training decisions and certify any employment relateddocuments on behalf of the individual.
(c) An individual in need of self-directed in-home care or an
individual under subsection (b) and the individual's case managershall develop an authorized care plan. The authorized care plan mustinclude a list of weekly services or tasks that must be performed tocomply with the authorized care plan.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-16
Rules
Sec. 16. The division shall adopt rules under IC 4-22-2concerning:
(1) the method of payment to a personal services attendant whoprovides authorized services under this chapter; and
(2) record keeping requirements for personal attendant services.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-17
Contracts
Sec. 17. The individual in need of self-directed in-home care andthe personal services attendant must each sign a contract, in a formapproved by the division, that includes, at a minimum, the followingprovisions:
(1) The responsibilities of the personal services attendant.
(2) The frequency the personal services attendant will provideattendant care services.
(3) The duration of the contract.
(4) The hourly wage of the personal services attendant. Thewage may not be less than the federal minimum wage or morethan the rate that the recipient is eligible to receive under aMedicaid home and community based services waiver or thecommunity and home options to institutional care for theelderly and disabled program for attendant care services.
(5) Reasons and notice agreements for early termination of thecontract.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-18
Amendment of home and community based services waiverprogram; payments not considered income
Sec. 18. (a) The office shall amend the home and communitybased services waiver program under the state Medicaid plan toprovide for the payment for attendant care services provided by apersonal services attendant for an individual in need of self-directedin-home care under this chapter, including any related record keepingand employment expenses.
(b) The office shall not, to the extent permitted by federal law,consider as income money paid under this chapter to or on behalf ofan individual in need of self-directed in-home care to enable theindividual to employ registered personal services attendants, forpurposes of determining the individual's income eligibility forservices under this chapter.As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-19
Demonstration projects; research
Sec. 19. The division may:
(1) initiate demonstration projects to test new ways of providingattendant care services; and
(2) research ways to best provide attendant care services inurban and rural areas.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-20
Rules
Sec. 20. (a) The division and office may adopt rules underIC 4-22-2 that are necessary to implement this chapter.
(b) The office shall apply for any federal waivers necessary toimplement this chapter.
As added by P.L.141-2006, SEC.44.
IC 12-10-17.1-21
Rules
Sec. 21. The division shall adopt rules under IC 4-22-2 concerningthe following:
(1) The receipt, review, and investigation of complaintsconcerning the:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care by apersonal services attendant.
(2) Establishing notice and administrative hearing proceduresin accordance with IC 4-21.5.
(3) Appeal procedures, including judicial review ofadministrative hearings.
(4) Procedures to place a personal services attendant who hasbeen determined to have been guilty of:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care on thestate nurse aide registry.
As added by P.L.141-2006, SEC.44.