CHAPTER 13. STATEWIDE WAIVER OMBUDSMAN
IC 12-11-13
Chapter 13. Statewide Waiver Ombudsman
IC 12-11-13-1
Applicability
Sec. 1. This chapter applies only to an individual who:
(1) has a developmental disability; and
(2) receives services under a waiver under the federal home andcommunity based services program.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-2
"Ombudsman" defined
Sec. 2. As used in this chapter, "ombudsman" refers to thestatewide waiver ombudsman established by section 3 of thischapter. The term includes individuals approved to act in thecapacity of ombudsmen by the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-3
Position established
Sec. 3. The statewide waiver ombudsman position is establishedwithin the division.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-4
Appointment of acting ombudsman
Sec. 4. The director shall appoint an acting ombudsman withinthirty (30) days of a vacancy in the position of the ombudsman. Theacting ombudsman has the powers and duties of the ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-5
Consultation with experts regarding duties
Sec. 5. The ombudsman may consult with experts in fulfilling theduties of the ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-6
Investigation and resolution of complaints
Sec. 6. (a) The ombudsman shall receive, investigate, and attemptto resolve complaints and concerns that are made by or on behalf ofan individual described in section 1 of this chapter.
(b) At the conclusion of an investigation of a complaint, theombudsman shall report the ombudsman's findings to thecomplainant.
(c) If the ombudsman does not investigate a complaint, theombudsman shall notify the complainant of the decision not toinvestigate and the reasons for the decision.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-7
Access to records required
Sec. 7. (a) An ombudsman must be provided access to thefollowing:
(1) An individual described in section 1 of this chapter.
(2) An entity that provides waiver services to an individualdescribed in section 1 of this chapter.
(3) Records of an individual described in section 1 of thischapter, including records held by an entity that providesservices to the individual.
(4) If an individual described in section 1 of this chapter isincapable of giving consent, as determined by the attendingphysician or as otherwise determined under state law, the name,address, and telephone number of the individual's legalrepresentative.
Except as provided in subsections (c) and (d), the ombudsman mustobtain consent under subsection (b) before having access to therecords described in subdivision (3).
(b) Consent to have access to an individual's records shall begiven in one (1) of the following forms:
(1) In writing by the individual.
(2) Orally by the individual in the presence of a witness.
(3) In writing by the legal representative of the individual if:
(A) the individual is incapable of giving consent, asdetermined by the attending physician or as otherwisedetermined under state law; and
(B) the legal representative has the authority to give consent.
(c) If consent to have access to an individual's records cannot beobtained under subsection (b), an ombudsman may inspect therecords of the individual if the individual is incapable of givingconsent, as determined by the attending physician or as otherwisedetermined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannotbe contacted within three (3) days; or
(3) has a legal representative but the legal representative doesnot have the authority to give consent to have access to therecords.
(d) If an ombudsman has:
(1) been denied access to an individual's records by theindividual's legal representative;
(2) reasonable cause to believe that the individual's legalrepresentative is not acting in the best interests of theindividual; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the individual.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-8
Immunity of provider of waiver services Sec. 8. A provider of waiver services or an employee of a providerof waiver services is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to the ombudsman under thischapter.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-9
Agency providing access to relevant records
Sec. 9. A state or local government agency or entity that hasrecords that are relevant to a complaint or an investigation conductedby the ombudsman shall provide the ombudsman with access to therecords.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-10
Ombudsman providing coordination and confidentiality
Sec. 10. The ombudsman shall do the following:
(1) Promote effective coordination among the following:
(A) Programs that provide legal services for individuals witha developmental disability.
(B) The division.
(C) Providers of waiver services to individuals withdevelopmental disabilities.
(D) Providers of other necessary or appropriate services.
(2) Ensure that the identity of an individual described in section1 of this chapter will not be disclosed without:
(A) the individual's written consent; or
(B) a court order.
As added by P.L.272-1999, SEC.35. Amended by P.L.99-2007,SEC.86.
IC 12-11-13-11
Rules
Sec. 11. The director of the division may adopt rules underIC 4-22-2 necessary to carry out this chapter.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-12
Immunity from civil liability
Sec. 12. The ombudsman is not civilly liable for the good faithperformance of official duties.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-13
Annual report on operations of program
Sec. 13. (a) The ombudsman shall prepare a report each year onthe operations of the program.
(b) A copy of the report required under subsection (a) shall be
provided to the following:
(1) The governor.
(2) The legislative council. The report must be in an electronicformat under IC 5-14-6.
(3) The division.
(4) The members of the commission on developmentaldisabilities established by IC 2-5-27.2-2.
As added by P.L.272-1999, SEC.35. Amended by P.L.28-2004,SEC.95; P.L.3-2009, SEC.5.
IC 12-11-13-14
Report to commission on developmental disabilities
Sec. 14. The ombudsman shall report:
(1) annually; or
(2) upon request;
to the commission on developmental disabilities established byIC 2-5-27.2-2.
As added by P.L.272-1999, SEC.35. Amended by P.L.3-2009, SEC.6.
IC 12-11-13-15
Receipt of complaints
Sec. 15. The division shall:
(1) establish a statewide toll free telephone line continuouslyopen to receive complaints regarding individuals described insection 1 of this chapter; and
(2) forward all complaints received from the toll free telephoneline to the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-16
Offenses regarding ombudsman
Sec. 16. A person who:
(1) intentionally prevents the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in aneffort to affect the outcome of an investigation or a potentialinvestigation; or
(3) knowingly or intentionally retaliates against a resident, aclient, an employee, or another person who files a complaint orprovides information to the ombudsman;
commits a Class B misdemeanor.
As added by P.L.272-1999, SEC.35.