SB 615-4_ Filed 03/22/2005, 11:15 Becker
Adopted 3/22/2005


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[
HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 615 be amended to read as follows:

    Page 8, between lines 41 and 42, begin a new line block indented and insert:
        " (4) Require daily rate components for individuals enrolled in services that include components for residential services (based on at least a three (3) resident to one (1) staff ratio, whenever possible), day services, and other services as determined by the division of disability, aging and rehabilitative services.
        (5) Require an annual or biennial service agreement among the state, provider and developmentally disabled individual (as defined in IC 12-7-2-62) formalizing the commitment of each party to the placement and implementation of the individualized support plan.
        (6) Allow termination or modification of the service agreement
if:
            (A) the individual is not in services for more than fifteen (15) consecutive days;
            (B) the services
described in the individualized support plan have not been provided;
            (C) the individual is abused or neglected by an agent or employee of the provider during the period of the service agreement;
            (D) there is a substantial change in the condition of the individual which increases the total services required by the individual;


            (E) through no fault of the provider, a housemate departs the setting; or
            (F) the provider fails to provide reports and information as requested by the state.
        (7) Require annual cost reporting to determine the base rates for the funding matrix under subdivision (2).
".
    Page 9, line 3, delete "to provide" and insert " to:".
    Page 9, delete lines 4 through 15, begin a new line block indented and insert:
        " (1) allow a provider to be given credit for any provider standards that the division determines are the same as or similar in intent and effect as state or federally mandated provider standards;
        (2) require a provider to comply with any individual provider standards not included in the accreditation standards of an approved independent national accreditation organization;
        (3) require a provider or approved independent national accreditation organization to provide the division with documentation of the applicable accreditation standards; and
        (4) require the provider to maintain accreditation and notify the division if accreditation is suspended or revoked.
".
    Page 9, between lines 16 and 17 begin a new line block indented and insert:
    "SECTION 11. [EFFECTIVE JULY1, 2005] (a) Before July 1, 2006, the office of the secretary of family and social services shall adopt rules under IC 4-22-2 to add and amend rules under 405 IAC to govern fiscal audits completed by:
        (1) the office of the secretary of family and social services audit staff; and
        (2) agencies contracted by the office of the secretary of family and social services to complete fiscal audits.
    (b) Before July 1, 2006, the office of the secretary of family and social services shall adopt rules under IC 4-22-2 to add and amend rules under 405 IAC to require that the office of the secretary of family and social services'
audit rules for providers of services to a developmentally disabled individual (as defined in IC 12-7-2-62) must meet the following requirements:
         (1) All classifications of providers are required to be audited.
        (2) The audit process must be written, formalized, and have specific time schedules.
        (3) Not less than fourteen (14) days advanced notice must be given before:
            (A) an audit; and
            (B) any papers required to be provided during the audit must be submitted to the audit agency.
        (4) The purpose and content of an exit conference must be defined.
        (5) The purpose, scope, and schedule for the issuance of audit reports must be defined.
        (6) Except for cases of fraud, an audit must be completed and issued not more than two (2) years after the end of the:
            (A) grant period; or
            (B) provider's fiscal year;
        whichever is later.
        (7) A formal appeal process that includes:
            (A) the issuance of a preliminary finding;
            (B) a time for the provider to respond to the preliminary findings and submit additional information for review before final findings are issued; and
            (C) appeal procedures with deadlines.
    (c) Before July 1, 2006, the division of disability, aging, and rehabilitative services shall adopt rules under IC 4-22-2 that comply with rules adopted under subsections (a) and (b) and that require the following:
        (1) Audit and program staff of the family and social services administration to jointly approve issued service definitions and bulletins that impact potential audit issues
.
         (2) Development of comprehensive bureau of developmental disabilities services provider manual for state and waiver funded services that is comparable to the Medicaid provider manual.
        (3) All revisions to the manual created under subdivision (2) and rules adopted or amended may be implemented only on the first day of a month.
        (4) Develop consistent definitions of services and documentation standards regardless of the funding source.
        (5) Develop written documentation standards, including acceptable electronic documentation formats.
        (6) Provide initial and periodic training of a provider's financial staff by the division of disability, aging, and rehabilitative services concerning accounting, billing, and audit procedures.
    (d) This SECTION expires July 1, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 615 as printed March 18, 2005.)

________________________________________

Representative BECKER


RH 061502/DI jh
2005