Authority: IC 12-9.1-2-3

Affected: IC 12-15

Sec. 9. (a) If deemed appropriate and determined to be necessary by a recipient's interdisciplinary team, the provider shall establish a negotiated risk plan with a recipient.

(b) The negotiated risk plan shall address unusual situations in which a recipient's assertion of a right, preference, or behavior exposes the recipient or someone else to a real and substantial risk of injury.

(c) The negotiated risk plan shall identify and accommodate a recipient's need in a way that is acceptable to both the provider and the recipient.

(d) A negotiated risk plan shall include:

1. (1) an explanation of the cause(s) of concern;
2. (2) the possible negative consequences to the recipient and/or others;
3. (3) a description of the recipient's preferences;
4. (4) possible alternatives or interventions to minimize the potential risks associated with the recipient's preference/action;
5. (5) a description of the assisted living Medicaid waiver services the provider will provide to accommodate the recipient's choice or minimize the potential risk and services others [sic., other] entities will provide to accommodate the recipient's choice or minimize the potential risk; and
6. (6) the final agreement, if any, reached by all involved parties.

(e) The provider shall involve the recipient and the recipient's interdisciplinary team in developing, implementing, and reviewing a negotiated risk plan.

(f) The provider shall review a negotiated risk plan with a recipient and a recipient's team at least quarterly.

(Division of Aging; 455 IAC 3-1-9; filed Apr 8, 2004, 3:15 p.m.: 27 IR 2493; 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 8-1-9) to the Division of Aging (455 IAC 3-1-9) by P.L.153-2011, SECTION 21, effective July 1, 2011.