Introduced Version
HOUSE BILL No. 1069
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10.5-1; IC 12-10.5-2.
Synopsis: Home and community based services. Voids rules adopted
by the division of disability, aging, and rehabilitative services
(DDARS) concerning home and community based services (HCBS).
Requires DDARS to adopt new rules implementing: (1) the caretaker
support program; and (2) standards for continuum of care providers;
not later than January 1, 2006. Requires DDARS to consult with certain
interested parties to ensure that the new rules: (1) protect consumers of
HCBS; (2) address the specific needs of distinct populations of
consumers; (3) do not create barriers to HCBS by imposing certain
costs and requirements on providers; and (4) comply with the
requirements of the statutes establishing long term care services and
the community and home options to institutional care for the elderly
and disabled (CHOICE) program. Requires DDARS to submit its
written response to any comments received during the rulemaking
process to the publisher of the Indiana Register for publication.
Requires DDARS to report to the administrative rules oversight
committee on the status of the rules not later than September 1, 2005.
(The introduced version of this bill was prepared by the administrative
rules oversight committee.)
Effective: Upon passage.
Hinkle, Becker
January 6, 2005, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 114th General Assembly (2005)
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HOUSE BILL No. 1069
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:
SOURCE: IC 12-10.5-1-4; (05)IN1069.1.1. -->
SECTION 1. IC 12-10.5-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) The division
of disability, aging, and rehabilitative services established by
IC 12-9-1-1 shall administer the caretaker support program established
under this chapter.
(b) The division of disability, aging, and rehabilitative services shall
do the following:
(1) Subject to section 9 of this chapter, adopt rules under
IC 4-22-2 for the coordination and administration of the caretaker
support program.
(2) Administer any money for the caretaker support program that
is appropriated by the general assembly.
SOURCE: IC 12-10.5-1-9; (05)IN1069.1.2. -->
SECTION 2. IC 12-10.5-1-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) Before finally adopting a rule under
IC 4-22-2 to implement this chapter, the division shall consult with
and fully consider any comments submitted by:
(1) caretakers providing care for a special needs individual
under this chapter;
(2) individuals with special needs receiving care from a
caretaker under this chapter;
(3) area agencies on aging;
(4) consumers and providers of home and community based
services under IC 12-10-10 and IC 12-10-11.5; and
(5) any other agency, volunteer group, faith based group, or
individual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth in
subsection (b).
(b) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals with special needs receiving care from a caretaker
under this chapter;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to,
the particular needs of the population;
(3) not create barriers to the availability of home and
community based services under IC 12-10-10 and
IC 12-10-11.5 by imposing costly or unduly burdensome
requirements on caretakers or other service providers,
including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other
administrative requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
(c) Before submitting a rule adopted under this chapter to the
attorney general for final approval under IC 4-22-2-31, the division
shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
publication in the Indiana Register the division's written response
under IC 4-22-2-23 to any comments received from the parties
described in subsection (a).
SOURCE: IC 12-10.5-2-2; (05)IN1069.1.3. -->
SECTION 3. IC 12-10.5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. Subject to
section 3 of this chapter, the division may adopt rules under IC 4-22-2
necessary to carry out this chapter.
SOURCE: IC 12-10.5-2-3; (05)IN1069.1.4. -->
SECTION 4. IC 12-10.5-2-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Before finally adopting a rule under
IC 4-22-2 to implement this chapter, the division shall consult with
and fully consider any comments submitted by:
(1) continuum of care providers providing care under this
chapter;
(2) individuals receiving care under this chapter;
(3) area agencies on aging;
(4) consumers and providers of home and community based
services under IC 12-10-10 and IC 12-10-11.5; and
(5) any other agency, volunteer group, faith based group, or
individual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth in
subsection (b).
(b) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals receiving care under this chapter;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to,
the particular needs of the population;
(3) not create barriers to the availability of home and
community based services under IC 12-10-10 and
IC 12-10-11.5 by imposing costly or unduly burdensome
requirements on continuum of care providers or other service
providers, including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other
administrative requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
(c) Before submitting a rule adopted under this chapter to the
attorney general for final approval under IC 4-22-2-31, the division
shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
publication in the Indiana Register the division's written response
under IC 4-22-2-23 to any comments received from the parties
described in subsection (a).
SOURCE: ; (05)IN1069.1.5. -->
SECTION 5. [EFFECTIVE UPON PASSAGE]
460 IAC 1.1 is void.
The publisher of the Indiana Administrative Code and Indiana
Register shall remove this article from the Indiana Administrative
Code.
SOURCE: ; (05)IN1069.1.6. -->
SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "committee" refers to the administrative rules
oversight committee established by IC 2-5-18-4.
(b) As used in this SECTION, "division" refers to the division
of disability, aging, and rehabilitative services established by
IC 12-9-1-1.
(c) The division shall adopt rules under IC 4-22-2 to implement
IC 12-10.5-1 and IC 12-10.5-2, both as amended by this act, not
later than January 1, 2006.
(d) Not later than September 1, 2005, the division shall report
to the committee on the division's progress in adopting the rules
described in subsection (c).
(e) This SECTION expires January 1, 2007.
SOURCE: ; (05)IN1069.1.7. -->
SECTION 7.
An emergency is declared for this act.