Authority: IC 12-9.1-2-3

Affected: IC 12-10-15-7; IC 12-15; IC 16-28

Sec. 5. (a) Each facility at which assisted living Medicaid waiver services are provided shall meet the following requirements:

1. (1) Maintain a current residential care facility license as required by IC 16-28 and 410 IAC 16.2- 5.
2. (2) Comply with the requirements of IC 12-10-15.

3. (3) Provide assisted living Medicaid waiver service recipients with individual residential living units that include the following:

   1. (A) A bedroom.
   2. (B) A private bath.
   3. (C) A substantial living area. and

   4. (D) A kitchenette that contains:

      1. (i) a refrigerator;
      2. (ii) a food preparation area; and
      3. (iii) a microwave or stovetop for hot food preparation.

(b) If a facility was in operation prior to July 1, 2001, and was in compliance with the requirements of IC 12-10-15-7 on June 30, 2001, individual living units provided to recipients shall have a minimum of one hundred sixty (160) square feet of livable floor space including closets and counters, but excluding space occupied by the bathroom.

(c) If a facility was in operation prior to the effective date of this rule and was licensed under 410 IAC 16.2-5, individual living units provided to recipients shall contain the following:

1. (1) A substantial living area of at least one hundred sixty (160) square feet of livable floor space, including closets and counter space, but excluding space occupied by the bathroom.
2. (2) A sleeping area, not necessarily designated as a separate bedroom from the living area.
3. (3) A semiprivate bath or shower.

4. (4) A kitchenette that contains:

   1. (A) a refrigerator;
   2. (B) a food preparation area; and
   3. (C) a microwave. and
5. (5) Access to a stovetop/oven for hot food preparation in the common area.

(d) All other facilities shall provide recipients with individual living units meeting the following additional requirements:

1. (1) Contain a minimum of two hundred twenty (220) square feet of livable space including closets and counters, but excluding space occupied by the bathroom.
2. (2) Contain a bath that is wheelchair accessible. Fifty percent (50%) of the units available to recipients shall have a roll-in shower. and
3. (3) Contain individual thermostats.

(e) Residential units provided to recipients must be single units unless the recipient chooses to live in dual-occupied unit and the recipient and the other occupant consent to the arrangement.

(f) Residential units provided to recipients shall be able to be locked at the discretion of the recipient, unless a physician or a mental health professional certifies in writing that the recipient is cognitively impaired so as to be a danger to self or others if given the opportunity to lock the door. This subsection does not apply if this requirement conflicts with applicable fire codes.

(Division of Aging; 455 IAC 3-1-5; filed Apr 8, 2004, 3:15 p.m.: 27 IR 2491; 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 8-1-5) to the Division of Aging (455 IAC 3-1-5) by P.L.153-2011, SECTION 21, effective July 1, 2011.