Authority: IC 12-9-2-3; IC 12-11-1.1-9; IC 12-11-2.1-12

Affected: IC 4-21.5; IC 12-11-1.1; IC 12-11-2.1

Sec. 5. (a) A provider of supported living services or supports shall file a written request for renewal of the BDS's approval at least ninety (90) days prior to expiration of the BDS's previous approval.

(b) Upon receiving a request for renewal of approved status, the BDS shall determine whether a provider continues to meet the requirements of this article.

(c) The BDS's determination on renewal of approval shall be based on verification that:

1. (1) the provider's operations have been surveyed either:

   1. (A) within the preceding twelve (12) months; or
   2. (B) as part of the renewal process; and
2. (2) there are no outstanding issues that seriously endanger the health or safety of an individual receiving services from the provider.

(d) In considering a request for the renewal of approval, the BDS shall either:

1. (1) approve the applicant for a period not to exceed three (3) years; or
2. (2) deny approval to an applicant that does not meet the approval requirements of this article.

(e) The BDS shall notify a provider in writing of the BDS's determination at least thirty (30) days prior to the expiration of the provider's approval under this section.

(f) If a provider has complied with subsection (a) and if the BDS does not act upon a provider's request for renewal of approved status before the expiration of the provider's approved status, the provider's approved status shall continue until such time as the BDS acts upon the provider's request for renewal of approved status.

(g) If a provider is adversely affected or aggrieved by the BDS's determination, the provider may request administrative review of the determination. The request shall be made in writing and filed with the director of the division within fifteen (15) days after the provider receives written notice of the determination. Administrative review shall be conducted pursuant to IC 4-21.5.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 6-6-5; filed Nov 4, 2002, 12:04 p.m.: 26 IR 762; readopted filed Sep 26, 2008, 11:11 a.m.: 20081015-IR-460080618RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA)