Authority: IC 12-9.1-2-3

Affected: IC 12-10-13; IC 12-15

Sec. 10. (a) An individual recipient record shall be developed and kept current and available on the premises for each recipient receiving assisted living Medicaid waiver services. In addition to the requirements of 410 IAC 16.2-5-8.1, a recipient's record shall include the following:

1. (1) Plan of care.
2. (2) Negotiated risk agreement, if any. and

3. (3) A written report of all significant incidents relating to the health or safety of a recipient including:

   1. (A) how and when the incident occurred;
   2. (B) who was involved;
   3. (C) what action was taken by provider staff; and
   4. (D) the outcome to the recipient.

(b) Recipient records shall be readily available to all of the following:

1. (1) Caregivers.
2. (2) Representatives of the office of Medicaid policy and planning.
3. (3) Division.
4. (4) Recipients.
5. (5) Recipient's authorized representatives.
6. (6) A recipient's case manager.
7. (7) Interdisciplinary team members.
8. (8) The ombudsman, as provided for by IC 12-10-13. and
9. (9) Other legally authorized persons.

(c) Records shall be kept for the time period required by 410 IAC 16.2-5-8.1 or a minimum of three (3) years, whichever is longer.

(d) If a recipient is transferred, discharged or the provider otherwise ceases to provide services, the recipient's records shall be transferred with the recipient pursuant to 410 IAC 16.2-5-8.1.

(Division of Aging; 455 IAC 3-1-10; filed Apr 8, 2004, 3:15 p.m.: 27 IR 2494; readopted filed May 27, 2010, 10:11 a.m.: 20100609-IR-460100196RFA; readopted filed May 10, 2016, 11:21 a.m.: 20160608-IR-455160133RFA; readopted filed Nov 4, 2022, 4:00 p.m.: 20221130-IR-455220277RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 8-1-10) to the Division of Aging (455 IAC 3-1- 10) by P.L.153-2011, SECTION 21, effective July 1, 2011.