CHAPTER 1.1. BUREAU OF DEVELOPMENTAL DISABILITIES SERVICES; COMMUNITY BASED SERVICES
IC 12-11-1.1
Chapter 1.1. Bureau of Developmental Disabilities Services;Community Based Services
IC 12-11-1.1-1
Establishment; services; approving entities and providers;supported living service arrangements; community based services;administration
Sec. 1. (a) The bureau of developmental disabilities services isestablished within the division.
(b) The bureau shall plan, coordinate, and administer theprovision of individualized, integrated community based services forindividuals with a developmental disability and their families, withinthe limits of available resources. The planning and delivery ofservices must be based on future plans of the individual with adevelopmental disability rather than on traditional determinations ofeligibility for discrete services, with an emphasis on the preferencesof the individual with a developmental disability and that individual'sfamily.
(c) Services for individuals with a developmental disability mustbe services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs ofindividuals with a developmental disability.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel.
(5) To the extent appropriate, are provided in home andcommunity based settings in which individuals withoutdisabilities participate.
(6) Are provided in conformity with a service plan developedunder IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community basedservices and supports. Beginning July 1, 2011, the bureau shallensure that an entity approved to provide adult day services,identified day habilitation, or vocational services under home andcommunity based services waivers is accredited by at least one (1)of the following organizations:
(1) The Commission on Accreditation of RehabilitationFacilities (CARF), or its successor.
(2) The Council on Quality and Leadership In Supports forPeople with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of HealthcareOrganizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or itssuccessor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organizationapproved by the secretary.
(e) The bureau shall approve and monitor community basedresidential, habilitation, and vocational service providers that provide
alternatives to placement of individuals with a developmentaldisability in state institutions and health facilities licensed underIC 16-28 for individuals with a developmental disability. Theservices must simulate, to the extent feasible, patterns and conditionsof everyday life that are as close as possible to normal. Thecommunity based service categories include the following:
(1) Supervised group living programs, which serve at least four(4) individuals and not more than eight (8) individuals, arefunded by Medicaid, and are licensed by the communityresidential facilities council.
(2) Supported living service arrangements to meet the uniqueneeds of individuals in integrated settings. Supported livingservice arrangements providing residential services may notserve more than four (4) unrelated individuals in any one (1)setting. However, the head of the bureau shall waive thislimitation for a setting providing residential services to morethan four (4) unrelated individuals in any one (1) setting if thesetting was in existence on June 30, 1999.
(f) To the extent that services described in subsection (e) areavailable and meet the individual's needs, an individual is entitled toreceive services in the least restrictive environment possible.
(g) Community based services under subsection (e)(1) or (e)(2)must consider the needs of and provide choices and options for:
(1) individuals with a developmental disability; and
(2) families of individuals with a developmental disability.
(h) The bureau shall administer a system of service coordinationto carry out this chapter.
As added by P.L.272-1999, SEC.33. Amended by P.L.243-2003,SEC.11; P.L.99-2007, SEC.70; P.L.22-2010, SEC.1.
IC 12-11-1.1-2
Medicaid funding; payment for services
Sec. 2. (a) Except as specified by the terms of the Medicaidprogram:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual, if the individual is less thaneighteen (18) years of age;
are liable for the cost of services and supports.
(b) The bureau shall make every effort to assure thatindividualized service plans developed for individuals with adevelopmental disability maximize the amount of Medicaid fundingavailable to meet the needs of the individual.
(c) The bureau may provide reimbursement for services identifiedin an individual's individual service plan that are not eligible forMedicaid reimbursement and for which the individual does not havethe resources to pay.
As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007,SEC.71.
IC 12-11-1.1-3 Contracts to provide services
Sec. 3. The division may contract with:
(1) community mental retardation and other developmentaldisabilities centers;
(2) corporations; or
(3) individuals;
that are approved by the division to provide the services described inthis chapter.
As added by P.L.272-1999, SEC.33.
IC 12-11-1.1-4
Continuing eligibility for Medicaid
Sec. 4. An individual with a developmental disability who iseligible for Medicaid remains eligible for Medicaid if transferred tocommunity based services described in section 1(e) of this chapter.
As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007,SEC.72.
IC 12-11-1.1-5
Continuing approved placement of individuals in certain facilities
Sec. 5. The bureau may continue the approved placement of anindividual with a developmental disability in a child caringinstitution licensed under IC 31-27, a county home regulated byIC 12-30-3, or a health facility licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facilitybefore July 1, 1985; and
(2) the placement continues to be appropriate for the individual,as determined by the bureau.
As added by P.L.272-1999, SEC.33. Amended by P.L.145-2006,SEC.70; P.L.99-2007, SEC.73.
IC 12-11-1.1-6
Individuals with autism not excluded
Sec. 6. An individual who has been diagnosed to have autism maynot be excluded from services for individuals with a developmentaldisability because the individual has autism.
As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007,SEC.74.
IC 12-11-1.1-7
Community residential facilities operated by division
Sec. 7. Subject to the availability of money, the division mayoperate community residential facilities for individuals with adevelopmental disability who are hard to place, if private providerscannot be found to operate facilities for those individuals. Placementof individuals in these facilities is governed by IC 12-11-2.1.
As added by P.L.272-1999, SEC.33. Amended by P.L.99-2007,SEC.75.
IC 12-11-1.1-8 Calculation of savings from transfer or discharge of individuals tocommunity based resident setting
Sec. 8. The budget agency shall annually:
(1) calculate; and
(2) report to the budget committee;
any savings realized from the transfer or discharge of individualswith developmental disabilities from a state developmental center toa community based resident setting.
As added by P.L.272-1999, SEC.33.
IC 12-11-1.1-9
Rules
Sec. 9. The director of the division may adopt rules underIC 4-22-2 to carry out this chapter.
As added by P.L.272-1999, SEC.33.
IC 12-11-1.1-10
Provider assessment
Sec. 10. (a) The office may assess providers of community basedservices to individuals with a developmental disability whootherwise qualify to receive ICF/MR (as defined in IC 16-29-4-2)based services in an amount not to exceed six percent (6%) of allservice revenue included on the annual plan of care excludingresident living allowances.
(b) The assessments shall be paid to the office not later than thetenth day of the month for each month that the individual is inservice. The office or the office's designee may withhold Medicaidpayments to a provider described in subsection (a) that fails to payan assessment within thirty (30) days after the due date. The amountwithheld may not exceed the amount of the assessments due.
(c) The community services quality assurance fund is created. Thefund shall be administered by the office.
(d) Revenue from the assessments under this section shall bedeposited into the fund. Money in the fund must be used forcommunity services for persons with developmental disabilities.
(e) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
(f) If federal financial participation to match the assessments insubsection (a) becomes unavailable under federal law, the authorityto impose the assessments terminates on the date that the federalstatutory, regulatory, or interpretive change takes effect.
As added by P.L.259-2003, SEC.1. Amended by P.L.246-2005,SEC.101.