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

Affected: IC 12-10

Sec. 5. (a) If a provider does not comply with the requirements of this article or does not submit and complete an acceptable, approved corrective action plan to the reasonable satisfaction of DDARS within the time specified, DDARS shall not authorize either or both of the following:

1. (1) The continuation of services to an individual or individuals by the provider, if the services do not comply with this article.
2. (2) The receipt of services by individuals not already receiving services from the provider at the time the determination is made that the provider did not implement a corrective action plan to the reasonable satisfaction of DDARS.

(b) DDARS shall give written notice of DDARS' action under subsection (a) to the following:

1. (1) The provider.
2. (2) The individual receiving services from the provider.
3. (3) The individual's legal representative, if applicable.

(c) The written notice under subsection (b) shall include the following:

1. (1) The requirements of this article with which the provider has not complied.
2. (2) The effective date, with at least thirty (30) days notice, of DDARS' action under subsection (a).
3. (3) The need for planning to obtain services that comply with this article for an individual or individuals.
4. (4) The provider's right to seek administrative review of DDARS' action.

(Division of Aging; 455 IAC 2-6-5; 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 1.2-6-5) to the Division of Aging ( 455 IAC 2-6-5) by P.L.153-2011, SECTION 21, effective July 1, 2011.