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 is
established within the division.
(b) The bureau shall plan, coordinate, and administer the
provision of individualized, integrated community based services for
individuals with a developmental disability and their families, within
the limits of available resources. The planning and delivery of
services must be based on future plans of the individual with a
developmental disability rather than on traditional determinations of
eligibility for discrete services, with an emphasis on the preferences
of the individual with a developmental disability and that individual's
family.
(c) Services for individuals with a developmental disability must
be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of
individuals 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 and
community based settings in which individuals without
disabilities participate.
(6) Are provided in conformity with a service plan developed
under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based
services and supports. Beginning July 1, 2011, the bureau shall
ensure that an entity approved to provide adult day services,
identified day habilitation, or vocational services under home and
community based services waivers is accredited by at least one (1)
of the following organizations:
(1) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for
People with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its
successor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization
approved by the secretary.
(e) The bureau shall approve and monitor community based
residential, habilitation, and vocational service providers that provide
alternatives to placement of individuals with a developmental
disability in state institutions and health facilities licensed under
IC 16-28 for individuals with a developmental disability. The
services must simulate, to the extent feasible, patterns and conditions
of everyday life that are as close as possible to normal. The
community 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, are
funded by Medicaid, and are licensed by the community
residential facilities council.
(2) Supported living service arrangements to meet the unique
needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not
serve more than four (4) unrelated individuals in any one (1)
setting. However, the head of the bureau shall waive this
limitation for a setting providing residential services to more
than four (4) unrelated individuals in any one (1) setting if the
setting was in existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are
available and meet the individual's needs, an individual is entitled to
receive 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 coordination
to 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual, if the individual is less than
eighteen (18) years of age;
are liable for the cost of services and supports.
(b) The bureau shall make every effort to assure that
individualized service plans developed for individuals with a
developmental disability maximize the amount of Medicaid funding
available to meet the needs of the individual.
(c) The bureau may provide reimbursement for services identified
in an individual's individual service plan that are not eligible for
Medicaid reimbursement and for which the individual does not have
the 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 developmental
disabilities centers;
(2) corporations; or
(3) individuals;
that are approved by the division to provide the services described in
this 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 is
eligible for Medicaid remains eligible for Medicaid if transferred to
community 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 an
individual with a developmental disability in a child caring
institution licensed under IC 31-27, a county home regulated by
IC 12-30-3, or a health facility licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 may
not be excluded from services for individuals with a developmental
disability 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 may
operate community residential facilities for individuals with a
developmental disability who are hard to place, if private providers
cannot be found to operate facilities for those individuals. Placement
of 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 to
community 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 individuals
with developmental disabilities from a state developmental center to
a 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 under
IC 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 based
services to individuals with a developmental disability who
otherwise 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 all
service revenue included on the annual plan of care excluding
resident living allowances.
(b) The assessments shall be paid to the office not later than the
tenth day of the month for each month that the individual is in
service. The office or the office's designee may withhold Medicaid
payments to a provider described in subsection (a) that fails to pay
an assessment within thirty (30) days after the due date. The amount
withheld may not exceed the amount of the assessments due.
(c) The community services quality assurance fund is created. The
fund shall be administered by the office.
(d) Revenue from the assessments under this section shall be
deposited into the fund. Money in the fund must be used for
community services for persons with developmental disabilities.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) If federal financial participation to match the assessments in
subsection (a) becomes unavailable under federal law, the authority
to impose the assessments terminates on the date that the federal
statutory, regulatory, or interpretive change takes effect. As added by P.L.259-2003, SEC.1. Amended by P.L.246-2005,
SEC.101.
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 is
established within the division.
(b) The bureau shall plan, coordinate, and administer the
provision of individualized, integrated community based services for
individuals with a developmental disability and their families, within
the limits of available resources. The planning and delivery of
services must be based on future plans of the individual with a
developmental disability rather than on traditional determinations of
eligibility for discrete services, with an emphasis on the preferences
of the individual with a developmental disability and that individual's
family.
(c) Services for individuals with a developmental disability must
be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of
individuals 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 and
community based settings in which individuals without
disabilities participate.
(6) Are provided in conformity with a service plan developed
under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based
services and supports. Beginning July 1, 2011, the bureau shall
ensure that an entity approved to provide adult day services,
identified day habilitation, or vocational services under home and
community based services waivers is accredited by at least one (1)
of the following organizations:
(1) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for
People with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its
successor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization
approved by the secretary.
(e) The bureau shall approve and monitor community based
residential, habilitation, and vocational service providers that provide
alternatives to placement of individuals with a developmental
disability in state institutions and health facilities licensed under
IC 16-28 for individuals with a developmental disability. The
services must simulate, to the extent feasible, patterns and conditions
of everyday life that are as close as possible to normal. The
community 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, are
funded by Medicaid, and are licensed by the community
residential facilities council.
(2) Supported living service arrangements to meet the unique
needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not
serve more than four (4) unrelated individuals in any one (1)
setting. However, the head of the bureau shall waive this
limitation for a setting providing residential services to more
than four (4) unrelated individuals in any one (1) setting if the
setting was in existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are
available and meet the individual's needs, an individual is entitled to
receive 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 coordination
to 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual, if the individual is less than
eighteen (18) years of age;
are liable for the cost of services and supports.
(b) The bureau shall make every effort to assure that
individualized service plans developed for individuals with a
developmental disability maximize the amount of Medicaid funding
available to meet the needs of the individual.
(c) The bureau may provide reimbursement for services identified
in an individual's individual service plan that are not eligible for
Medicaid reimbursement and for which the individual does not have
the 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 developmental
disabilities centers;
(2) corporations; or
(3) individuals;
that are approved by the division to provide the services described in
this 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 is
eligible for Medicaid remains eligible for Medicaid if transferred to
community 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 an
individual with a developmental disability in a child caring
institution licensed under IC 31-27, a county home regulated by
IC 12-30-3, or a health facility licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 may
not be excluded from services for individuals with a developmental
disability 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 may
operate community residential facilities for individuals with a
developmental disability who are hard to place, if private providers
cannot be found to operate facilities for those individuals. Placement
of 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 to
community 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 individuals
with developmental disabilities from a state developmental center to
a 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 under
IC 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 based
services to individuals with a developmental disability who
otherwise 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 all
service revenue included on the annual plan of care excluding
resident living allowances.
(b) The assessments shall be paid to the office not later than the
tenth day of the month for each month that the individual is in
service. The office or the office's designee may withhold Medicaid
payments to a provider described in subsection (a) that fails to pay
an assessment within thirty (30) days after the due date. The amount
withheld may not exceed the amount of the assessments due.
(c) The community services quality assurance fund is created. The
fund shall be administered by the office.
(d) Revenue from the assessments under this section shall be
deposited into the fund. Money in the fund must be used for
community services for persons with developmental disabilities.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) If federal financial participation to match the assessments in
subsection (a) becomes unavailable under federal law, the authority
to impose the assessments terminates on the date that the federal
statutory, regulatory, or interpretive change takes effect. As added by P.L.259-2003, SEC.1. Amended by P.L.246-2005,
SEC.101.
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 is
established within the division.
(b) The bureau shall plan, coordinate, and administer the
provision of individualized, integrated community based services for
individuals with a developmental disability and their families, within
the limits of available resources. The planning and delivery of
services must be based on future plans of the individual with a
developmental disability rather than on traditional determinations of
eligibility for discrete services, with an emphasis on the preferences
of the individual with a developmental disability and that individual's
family.
(c) Services for individuals with a developmental disability must
be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of
individuals 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 and
community based settings in which individuals without
disabilities participate.
(6) Are provided in conformity with a service plan developed
under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based
services and supports. Beginning July 1, 2011, the bureau shall
ensure that an entity approved to provide adult day services,
identified day habilitation, or vocational services under home and
community based services waivers is accredited by at least one (1)
of the following organizations:
(1) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for
People with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its
successor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization
approved by the secretary.
(e) The bureau shall approve and monitor community based
residential, habilitation, and vocational service providers that provide
alternatives to placement of individuals with a developmental
disability in state institutions and health facilities licensed under
IC 16-28 for individuals with a developmental disability. The
services must simulate, to the extent feasible, patterns and conditions
of everyday life that are as close as possible to normal. The
community 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, are
funded by Medicaid, and are licensed by the community
residential facilities council.
(2) Supported living service arrangements to meet the unique
needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not
serve more than four (4) unrelated individuals in any one (1)
setting. However, the head of the bureau shall waive this
limitation for a setting providing residential services to more
than four (4) unrelated individuals in any one (1) setting if the
setting was in existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are
available and meet the individual's needs, an individual is entitled to
receive 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 coordination
to 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 Medicaid
program:
(1) an individual who receives services under this chapter; and
(2) the parents of the individual, if the individual is less than
eighteen (18) years of age;
are liable for the cost of services and supports.
(b) The bureau shall make every effort to assure that
individualized service plans developed for individuals with a
developmental disability maximize the amount of Medicaid funding
available to meet the needs of the individual.
(c) The bureau may provide reimbursement for services identified
in an individual's individual service plan that are not eligible for
Medicaid reimbursement and for which the individual does not have
the 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 developmental
disabilities centers;
(2) corporations; or
(3) individuals;
that are approved by the division to provide the services described in
this 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 is
eligible for Medicaid remains eligible for Medicaid if transferred to
community 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 an
individual with a developmental disability in a child caring
institution licensed under IC 31-27, a county home regulated by
IC 12-30-3, or a health facility licensed under IC 16-28 if:
(1) the individual was placed in the institution, home, or facility
before 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 may
not be excluded from services for individuals with a developmental
disability 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 may
operate community residential facilities for individuals with a
developmental disability who are hard to place, if private providers
cannot be found to operate facilities for those individuals. Placement
of 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 to
community 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 individuals
with developmental disabilities from a state developmental center to
a 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 under
IC 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 based
services to individuals with a developmental disability who
otherwise 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 all
service revenue included on the annual plan of care excluding
resident living allowances.
(b) The assessments shall be paid to the office not later than the
tenth day of the month for each month that the individual is in
service. The office or the office's designee may withhold Medicaid
payments to a provider described in subsection (a) that fails to pay
an assessment within thirty (30) days after the due date. The amount
withheld may not exceed the amount of the assessments due.
(c) The community services quality assurance fund is created. The
fund shall be administered by the office.
(d) Revenue from the assessments under this section shall be
deposited into the fund. Money in the fund must be used for
community services for persons with developmental disabilities.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(f) If federal financial participation to match the assessments in
subsection (a) becomes unavailable under federal law, the authority
to impose the assessments terminates on the date that the federal
statutory, regulatory, or interpretive change takes effect. As added by P.L.259-2003, SEC.1. Amended by P.L.246-2005,
SEC.101.
