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

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

Sec. 2. (a) The BDS shall monitor compliance with the requirements of this article at the following times:

1. (1) At least annually.
2. (2) Upon receiving a complaint or report alleging a provider's noncompliance with the requirements of this article.

(b) The BDS shall monitor compliance with the requirements of this article through any of the following means:

1. (1) Requesting and obtaining information from the provider.
2. (2) Site inspections.
3. (3) Meeting with an individual or the individual's legal representative as applicable.
4. (4) Review of provider records and the records of an individual.
5. (5) Follow-up inspection as is reasonably necessary to determine compliance after the BDS has requested a corrective action plan.

(c) After any site inspection, the BDS shall issue a written report. The report shall:

1. (1) be prepared by the BDS or its designee;
2. (2) document the findings made during monitoring;
3. (3) identify necessary corrective action;
4. (4) identify the time period in which a corrective action plan shall be submitted to the BDS or its designee and the time period in which a corrective action plan is to be completely implemented by the provider;
5. (5) identify any documentation needed from the provider to support the provider's completion of the corrective action plan; and
6. (6) be submitted to the provider.

(d) A provider shall:

1. (1) submit a corrective plan of action to the BDS or its designee within the time frame identified by the BDS or its designee;
2. (2) complete and implement a corrective action plan to the reasonable satisfaction of the BDS or its designee within the time period identified by the BDS, or within such longer time period agreed to by the BDS or its designee and the provider;
3. (3) notify the BDS or its designee upon the completion of a corrective action plan; and
4. (4) provide the BDS or its designee with any requested documentation.

(e) If a complaint is filed by a person other than an individual receiving services, BDS or its designee shall notify the person filing the complaint of the following:

1. (1) The completion of the BDS's monitoring as a result of the complaint.
2. (2) The completion of any corrective action by the provider as a result of the BDS' monitoring of a provider.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 6-7-2; filed Nov 4, 2002, 12:04 p.m.: 26 IR 763; filed Aug 29, 2003, 10:30 a.m.: 27 IR 107; 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)