Authority: IC 12-9.1-2-3; IC 12-10.5-2-2

Affected: IC 12-10; IC 16-27-2-5; IC 35-42; IC 35-43-4; IC 35-46-1-12; IC 35-46-1-13

Sec. 2. (a) A provider or its agent shall do the following:

1. (1) Adopt, maintain, and follow a written personnel policy.
2. (2) Review the personnel policies at least annually and update as needed.
3. (3) Provide to each employee or agent access to the personnel policy.

4. (4) Adopt and maintain a job description for each position, including the following:

   1. (A) Minimum qualifications for the position.
   2. (B) Major duties required of the position.

(b) The written personnel policy required by subsection (a) shall include, but is not limited to, the following:

1. (1) A procedure for conducting reference, employment, and criminal background checks on each prospective employee or agent.

2. (2) A prohibition against employing or contracting with a person convicted of crimes including, but not limited to, the following:

   1. (A) A sex crime ( IC 35-42-4).
   2. (B) Exploitation of an endangered adult ( IC 35-46-1-12).
   3. (C) Abuse or neglect of a child ( IC 35-42-2-1).
   4. (D) Failure to report battery, neglect, or exploitation of an endangered adult or dependent ( IC 35-46-1-13).
   5. (E) Theft ( IC 35-43-4), except as provided in IC 16-27-2-5(a)(5).
   6. (F) Murder ( IC 35-42-1-1).
   7. (G) Voluntary manslaughter ( IC 35-42-1-3).
   8. (H) Involuntary manslaughter ( IC 35-42-1-4).
   9. (I) Battery ( IC 35-42-2).
3. (3) A process for evaluating the job performance of each employee or agent at the end of the training period and annually thereafter, including a process for feedback from individuals receiving services from the employee or agent.
4. (4) Disciplinary procedures.
5. (5) A description of grounds for disciplinary action against or dismissal of an employee or agent.
6. (6) A clear description of an employee's rights and responsibilities, including the responsibilities of administrators and supervisors.
7. (7) A procedure to ensure compliance with HIPAA regulations.

(Division of Aging; 455 IAC 2-15-2; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Apr 9, 2018, 9:13 a.m.: 20180509-IR- 455180111RFA; readopted filed Sep 25, 2024, 4:02 p.m.: 20241023-IR-455230818RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1.2-15-2) to the Division of Aging ( 455 IAC 2-15-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.