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. 3. (a) If a provider does not comply with the requirements of this article and does not complete a corrective action plan to the reasonable satisfaction of the BDS or its designee within the time allowed, the BDS shall not authorize:

1. (1) the continuation of services to an individual or individuals by the provider, if the services do not comply with this article;
2. (2) the receipt of services by individuals not already receiving services from the provider at the time the determination is made that the provider did not implement a corrective action plan to the reasonable satisfaction of the BDS or its designee; or
3. (3) both.

(b) After an acceptable corrective plan of action has been submitted to the BDS, the BDS shall monitor the provider's compliance with the corrective action plan. If the BDS determines that the provider has not implemented the corrective plan of action, the BDS shall not authorize:

1. (1) the continuation of services to an individual or individuals by the provider, if the services do not comply with this article;
2. (2) the receipt of services by individuals not already receiving services from the provider at the time the determination is made that the provider did not submit a corrective action plan to the reasonable satisfaction of the BDS or its designee; or
3. (3) both.

(c) The BDS shall give written notice of the BDS's action under subsection (a) or (b) to:

1. (1) the provider;
2. (2) the individual receiving service from the provider; and
3. (3) the individual's legal representative if applicable.

(d) The written notice under subsection (c) shall include the following:

1. (1) The requirements of this article with which the provider has not complied.
2. (2) The effective date, with at least thirty (30) days' notice, of the BDS's action under subsection (a).
3. (3) The need for planning to obtain services that comply with this article for an individual or individuals.
4. (4) The provider's right to seek administrative review of the BDS's action.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 6-7-3; filed Nov 4, 2002, 12:04 p.m.: 26 IR 763; filed Aug 29, 2003, 10:30 a.m.: 27 IR 108; 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)