2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 11. SERVICES FOR INDIVIDUALS WITH DISABILITIES
CHAPTER 2.1. SERVICE COORDINATION SERVICES FOR DEVELOPMENTALLY DISABLED INDIVIDUALS
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IC 12-11-2.1
Chapter 2.1. Service Coordination
Developmentally Disabled Individuals
Services
for
IC 12-11-2.1-1
Diagnostic assessment
Sec. 1. (a) The bureau shall determine whether or not an
individual has a developmental disability. For individuals for whom
there is not enough current information available to make a
determination of eligibility, the bureau shall use the results of a
diagnostic assessment in determining whether an individual has a
developmental disability. A diagnostic assessment must include the
following:
(1) Diagnostic information concerning the individual's
functioning level and medical and habilitation needs.
(2) All information necessary for the use of the office of
Medicaid policy and planning, the Indiana health facilities,
home health care, and hospice council, and the division.
(3) The use of all appropriate assessments conducted under
rules adopted under IC 16-28.
(b) An individual who is found not to have a developmental
disability may appeal the bureau's finding under IC 4-21.5.
(c) If an individual is determined to have a developmental
disability, the office shall determine whether the individual meets the
appropriate federal level of care requirements.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.76; P.L.197-2011, SEC.41.
IC 12-11-2.1-2
Service coordination services
Sec. 2. The bureau shall, within the limits of available resources,
provide service coordination services to individuals with a
developmental disability. Service coordination services must include
the development of an individual service plan.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.77.
IC 12-11-2.1-3
Services provided through individual service plan
Sec. 3. All services provided to an individual must be provided
under the individual service plan of the individual with a disability.
To the extent that services described in IC 12-11-1.1-1(e) are
available and meet the individual's needs, services provided to an
individual shall be provided in the least restrictive environment
possible.
As added by P.L.272-1999, SEC.34. Amended by P.L.14-2000,
SEC.29; P.L.99-2007, SEC.78.
IC 12-11-2.1-4
Placement authority
Sec. 4. The bureau shall serve as the placement authority for
individuals with a developmental disability under service plans
developed under this chapter, including all placements in an
intermediate care facility.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.79; P.L.188-2013, SEC.8.
IC 12-11-2.1-5
Authorizing services for individual in community based setting
Sec. 5. When authorizing services for an individual with a
developmental disability in a community based setting, the bureau
shall give equal consideration based on need between:
(1) individuals who resided with a family member, relative, or
guardian immediately before the community based residential
placement; and
(2) individuals being placed from:
(A) an intermediate care facility; or
(B) a nursing facility.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.80; P.L.188-2013, SEC.9.
IC 12-11-2.1-6
Approval of placement in intermediate care facility
Sec. 6. The bureau may not approve the initial placement of a
developmentally disabled individual in an intermediate care facility
for the mentally retarded serving more than eight (8) individuals or
a nursing facility unless:
(1) the individual has medical needs; and
(2) the placement is appropriate to the individual's needs.
If the placement is in a nursing facility, that placement must be
appropriate to an individual's needs based upon preadmission
screening conducted under IC 12-10-12.
As added by P.L.272-1999, SEC.34.
IC 12-11-2.1-7
Service plan for individual discharged or on outpatient status from
state institution
Sec. 7. Before an individual with a developmental disability is:
(1) discharged from a state institution; or
(2) placed on outpatient status under IC 12-26-14 by a state
institution;
the bureau shall develop a service plan for the individual under
section 2 of this chapter.
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.81.
IC 12-11-2.1-8
Repealed
(Repealed by P.L.188-2013, SEC.10.)
IC 12-11-2.1-9
Memorandum of understanding concerning referrals
Sec. 9. The division of mental health and addiction and the
division shall enter into a memorandum of understanding concerning
referrals to the bureau of developmentally disabled individuals
discharged from or on an outpatient status from a state institution
operated by the division of mental health and addiction.
As added by P.L.272-1999, SEC.34. Amended by P.L.215-2001,
SEC.39.
IC 12-11-2.1-10
Personal and vocational counselors required
Sec. 10. The division shall require service coordination personnel
and vocational counselors to coordinate their services.
As added by P.L.272-1999, SEC.34.
IC 12-11-2.1-11
Decertified individuals receiving services; resources
Sec. 11. (a) An individual who:
(1) is receiving services for individuals with a developmental
disability that are funded by Medicaid; and
(2) has been decertified by the office because the individual
fails to meet appropriate federal level of care requirements;
must continue to receive the same services, unless an appropriate
individual service plan has been developed outlining the services
needed by the individual to live in the least restrictive environment.
(b) After available federal, local, and individual resources have
been used, unencumbered state appropriations that are available, as
determined by the budget director, must be used to implement plans
developed under subsection (a).
As added by P.L.272-1999, SEC.34. Amended by P.L.99-2007,
SEC.83.
IC 12-11-2.1-12
Rules
Sec. 12. The director of the division may adopt rules under
IC 4-22-2 to carry out this chapter.
As added by P.L.272-1999, SEC.34.
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