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

Affected: IC 12-10-10-9

Sec. 2. (a) A service provider for HCBS funded through funds administered by DDARS shall do the following:

1. (1) Comply with the following:

   1. (A) Applicable federal, state, county, or municipal regulations that govern the operation of the agency.
   2. (B) Family and social services administration and DDARS laws, rules, and policies.

2. (2) Provide proof of the following:

   1. (A) That insurance is in force as prescribed in 455 IAC 2-12-1(4).
   2. (B) That any employee, agent, or staff of the provider agency meets all standards and requirements for the specific services the person will be providing.
   3. (C) That licensed health professionals are checked for findings through the Indiana professional licensing agency.
3. (3) Obtain a current limited criminal history obtained from the Indiana state police central repository, as prescribed in 455 IAC 2-15-2(b)(2), for each employee or agent involved in the direct management, administration, or provision of services before providing direct care to individuals receiving services.
4. (4) Obtain and submit a current document from the nurse aide registry of the Indiana department of health verifying that each unlicensed employee or agent involved in the direct provision of services has no finding entered into the registry, if applicable, before providing direct care to individuals receiving services.

(b) An individual who is a legally responsible relative of an individual, including a parent of a minor individual and a spouse, is precluded from providing home and community based services for that individual for compensation under this section, except as otherwise stated in IC 12-10-10-9(b). A provider of adult foster care service provided under the A & D waiver cannot be related to the individual receiving services either by blood or by marriage and receive reimbursement for the services provided.

(Division of Aging; 455 IAC 2-6-2; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; errata filed Aug 25, 2011, 1:41 p.m.: 20110914-IR- 455110468ACA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA; readopted filed Apr 9, 2018, 9:13 a.m.: 20180509-IR-455180111RFA; errata filed Dec 15, 2022, 8:17 a.m.: 20221228-IR-455220377ACA; readopted filed Sep 25, 2024, 4:02 p.m.: 20241023-IR-455230818RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1.2-6-2) to the Division of Aging ( 455 IAC 2-6-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.