Authority: IC 12-9.1-2-3; IC 12-10-10-6

Affected: IC 12-10-10

Sec. 5. (a) The long term care services eligibility screen developed by the division shall be used by the AAA to assess the applicant's risk of losing his or her independence and to assist in the development of a care plan if appropriate.

(b) Every applicant is eligible for an assessment. Applicants shall not be charged a fee for the assessment.

(c) The initial application and approval of the care plan must be signed by the applicant or by his or her CHOICE representative.

(d) Before each assessment, an explanation of the following must be given to the applicant:

1. (1) The purpose of the CHOICE assessment.
2. (2) The applicant's right to decide at any time to stop the process, and to refuse the offered in-home and community services.
3. (3) The applicant's right to appeal AAA decisions regarding eligibility or services to be provided.

(e) The AAA shall make a program eligibility determination based upon the results of the long term care services eligibility screen.

(f) When a decision is made regarding eligibility, the AAA shall notify the individual in writing of the following:

1. (1) Whether or not the applicant is eligible for the CHOICE program and, if eligible:

   1. (A) that the applicant is approved for the development of a care plan; or
   2. (B) that, due to the lack of availability of funds, the applicant will be placed on a waiting list if one is available.
2. (2) That the applicant has the right to appeal this eligibility decision.

(Division of Aging; 455 IAC 1-5-5; filed Dec 5, 1995, 8:30 a.m.: 19 IR 1106; readopted filed Oct 1, 2001, 3:38 p.m.: 25 IR 528; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-455190488RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-4-5) to the Division of Aging (455 IAC 1-5-5) by P.L.153-2011, SECTION 21, effective July 1, 2011.