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

Affected: IC 12-10

Sec. 1. (a) The individual's approved provider of CMS shall inform the individual at regular intervals, as specified by the individual's care plan, of the individual's right to refuse treatment or seek changes in their care plan.

(b) Each provider of services shall establish a written procedure providing for:

1. (1) administrative action against;
2. (2) investigating an alleged violation by;
3. (3) disciplinary action against; and
4. (4) dismissal of;

an employee or agent of the provider, if the employee or agent is involved in the alleged, suspected, or actual abuse, neglect, exploitation, or mistreatment of an individual or a violation of an individual's rights.

(c) Each provider of services shall establish a written procedure for employees or agents of the provider to report violations of the provider's policies and procedures to the provider.

(d) Each provider of services shall establish a written procedure for the provider or for an employee or agent of the provider for informing:

1. (1) APS or CPS as applicable;
2. (2) an individual's legal representative, if applicable;
3. (3) the appropriate ombudsman;
4. (4) any person designated by the individual; and
5. (5) the provider of CMS to the individual;

of a situation involving the alleged, suspected, or proven abuse, neglect, exploitation, or mistreatment of an individual or the violation of an individual's rights.

(e) Each provider will inform individuals of their right to exercise any or all guaranteed rights without:

1. (1) restraint;
2. (2) interference;
3. (3) coercion;
4. (4) discrimination; or
5. (5) threat of reprisal;

by the provider, employee, or agent.

(f) Each provider of services shall:

1. (1) establish; and
2. (2) make available to the individual;

a written protocol for reporting required reportable unusual occurrences to DDARS as required by section 2 of this rule.

(g) Each provider of services shall:

1. (1) establish; and
2. (2) make available to the individual receiving services;

a written protocol informing the individual about the right to file a complaint with DDARS and the process of filing a complaint with DDARS.

(Division of Aging; 455 IAC 2-8-1; 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 1.2-8-1) to the Division of Aging ( 455 IAC 2-8-1) by P.L.153-2011, SECTION 21, effective July 1, 2011.