Introduced Version






SENATE BILL No. 429

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-28-5 .

Synopsis: Community residential facilities council. Makes changes to the membership and meeting procedure of the community residential facilities council. Requires council approval of an entity providing supported living services. Allows the council to issue a provisional license or provisional approval for up to six months to a supervised group living facility or an entity that provides supported living services. (The introduced version of this bill was prepared by the Indiana commission on mental retardation and developmental disabilities.)

Effective: July 1, 2001; July 1, 2002.





Riegsecker




    January 18, 2001, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 429



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 12-28-5-2 , AS AMENDED BY P.L.272-1999, SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) The community residential facilities council is established. The council consists of the following members appointed by the governor:
        (1) One (1) professional possessing specialized training in the field of human development.
        (2) One (1) member of the professional staff of the division of disability, aging, and rehabilitative services.
        (3) One (1) member of the professional staff of the office of Medicaid policy and planning.
        (4) One (1) member of the professional staff of the state department of health.
        (5) One (1) individual possessing a special interest in developmentally disabled individuals.
        (6) One (1) individual possessing a special interest in mentally ill individuals.


        (7) One (1) individual who is the chief executive officer of a facility providing both day services and residential services for developmentally disabled individuals.
        (8) One (1) individual who is the chief executive officer of a facility providing residential services only for developmentally disabled individuals.
        (9) One (1) individual who is a member of the professional staff of the Indiana protection and advocacy services commission. The individual appointed under this subdivision is an ex officio member of the council.
        (10) One (1) individual who is the chief executive officer of an entity providing only supported living services.
        (11) One (1) individual who is receiving services through the bureau of developmental disabilities services.

         (12) Two (2) members of the public.
    (b) Except for the members designated by subsection (a)(7), and (a)(8), and (a)(10), a member of the council may not have an indirect or a direct financial interest in a residential facility for the developmentally disabled.
    SECTION 2. IC 12-28-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. The term of each member of the council is four (4) years. Except for the members listed in section 2(a)(9), 2(a)(10), section 2(a)(7), 2(a)(8), and 2(a)(11) 2(a)(10) of this chapter, members of the council may be reappointed.
    SECTION 3. IC 12-28-5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The council shall meet at least quarterly. monthly. Only the presiding officer may call additional meetings.
    SECTION 4. IC 12-28-5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. In conjunction with the division of disability, aging, and rehabilitative services, the council shall do the following:
        (1) Determine the current and projected needs of each geographic area of Indiana for residential services for developmentally disabled individuals.
        (2) Determine how the provision of developmental or vocational services for residents in these geographIC geographic areas affects the availability of developmental or vocational services to developmentally disabled individuals living in their own homes.
        (3) Develop standards for licensure of supervised group living facilities regarding the following:
            (A) A sanitary and safe environment for residents and

employees.
            (B) Classification of supervised group living facilities.
            (C) Any other matters that will ensure that the residents will receive a residential environment.
        (4) Develop standards for the approval of entities providing supported living services.
         (5) Recommend social and habilitation programs to the Indiana health facilities council for developmentally disabled individuals who reside in health facilities licensed under IC 16-28.
        (5) (6) Develop and update semiannually a report that identifies the numbers of developmentally disabled individuals who live in health facilities licensed under IC 16-28. The Indiana health facilities council shall assist in developing and updating this report.
    SECTION 5. IC 12-28-5-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 11. (a) A supervised group living facility must have a license or provisional license issued under this chapter to operate.
     (b) An entity that provides supported living services must be approved by the council under this chapter to operate.
    SECTION 6. IC 12-28-5-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) The council may license only those supervised group living facilities that:
        (1) meet the standards established under section 10 of this chapter; and
        (2) are necessary to provide adequate services to developmentally disabled individuals in that geographic area.
    (b) A supervised group living facility described in subsection (c) may only locate in only one (1) of the following counties:
        (1) a county having a population of more than twenty-five thousand nine hundred fifty (25,950) but less than twenty-six thousand (26,000);
        (2) a county having a population of more than one hundred sixty thousand (160,000) but less than two hundred thousand (200,000); or
        (3) a county having a population of more than forty-four thousand (44,000) but less than forty-five thousand (45,000).
    (c) Notwithstanding 431 IAC 1.1-3-7(c) and 431 IAC 1.1-3-7(d), the council shall license one (1) supervised group living facility that is located less than one thousand (1,000) feet from another supervised group living facility or a sheltered workshop under the following conditions:


        (1) Both of the supervised group living facilities meet all standards for licensure as provided in section 10(3) of this chapter.
        (2) Both of the supervised group living facilities are built on land that is owned by one (1) private entity.
        (3) The community formed by the supervised group living facilities provides job opportunities for residents of the supervised group living facilities.
     (d) The council may approve an entity to provide supported living services only if the entity meets the standards established under section 10 of this chapter.
    SECTION 7. IC 12-28-5-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. The council may revoke:
         (1) the license of a supervised group living facility; or
        (2) the approval of an entity that provides supported living services;

that no longer meets the standards established under section 10 of this chapter after following the procedures prescribed by IC 4-21.5-3. If a hearing is provided for or authorized to be held by the council, the council may designate a person as its agent or representative to conduct a hearing. The agent or representative shall conduct the hearing under IC 4-21.5-3.
    SECTION 8. IC 12-28-5-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) The council may issue a provisional license to a facility that does not qualify for a license under section 12 of this chapter but that provides satisfactory evidence that the facility will qualify within a period prescribed by the council. The period may not exceed one (1) year. six (6) months.
    (b) The council may issue provisional approval to an entity providing supported living services that does not qualify for approval under section 12 of this chapter but that provides satisfactory evidence that the entity will qualify within a period prescribed by the council. The period may not exceed six (6) months.