2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 10.5. RESPITE CARE SERVICES
CHAPTER 2. CONTINUUM OF CARE
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IC 12-10.5-2
Chapter 2. Continuum of Care
IC 12-10.5-2-1
Provision of standards of and promotion of best practices for
program
Sec. 1. The division shall:
(1) provide standards for the training of; and
(2) promote best practices for;
continuum of care program providers.
As added by P.L.274-2003, SEC.6.
IC 12-10.5-2-2
Rules
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.
As added by P.L.274-2003, SEC.6. Amended by P.L.37-2005, SEC.3.
IC 12-10.5-2-3
Rule adoption; consultation with interested parties; requirements
for rules; publication of comments received
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). Submissions to the publisher shall be
made in the electronic format specified by the publisher.
As added by P.L.37-2005, SEC.4. Amended by P.L.123-2006,
SEC.27.
IC 12-10.5-2-4
Continuum of care
Sec. 4. The continuum of care provided under this article must
include services that support prevention and treatment of mental
illness and addiction.
As added by P.L.143-2011, SEC.13.
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