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
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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.