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. 4. (a) Except as specified in this section, this section applies to all providers of supported living services and supports.

(b) A provider shall require that at regular intervals, as specified by the individual's ISP, the individual be informed of the following:

1. (1) The individual's medical condition.
2. (2) The individual's developmental and behavioral status.
3. (3) The risks of treatment.
4. (4) The individual's right to refuse treatment.

(c) Except for providers of:

1. (1) occupational therapy services;
2. (2) physical therapy services;
3. (3) music therapy services; and
4. (4) speech-language therapy services;

a provider shall establish a protocol for ensuring that an individual is free from unnecessary medications and physical restraints.

(d) Except for providers of:

1. (1) occupational therapy services;
2. (2) physical therapy services;
3. (3) music therapy services; and
4. (4) speech-language therapy services;

a provider shall establish a system to reduce an individual's dependence on medications and physical restraints.

(e) A provider shall establish a system to ensure that an individual has the opportunity for personal privacy.

(f) A provider shall establish a system to:

1. (1) ensure that an individual is not compelled to perform services for a provider; and

2. (2) provide that, if an individual works voluntarily for a provider, the individual is compensated:

   1. (A) at the prevailing wage for the job; and
   2. (B) commensurate with the individual's abilities;
3. unless the provisions of section 3(c)(5) of this rule are met.

(g) A provider shall establish a system that ensures that an individual has:

1. (1) the opportunity to communicate, associate, and meet privately with persons of the individual's choosing;
2. (2) the means to send and receive unopened mail; and
3. (3) access to a telephone with privacy for incoming and outgoing local and long distance calls at the individual's expense.

(h) A provider shall establish a system for providing an individual with the opportunity to participate in social, religious, and community activities.

(i) A provider shall establish a system that ensures that an individual has the right to retain and use appropriate personal possessions and clothing.

(j) A provider shall establish a system for protecting an individual's funds and property from misuse or misappropriation.

(k) A provider shall establish a protocol specifying the responsibilities of the provider for:

1. (1) conducting an investigation; or
2. (2) participating in an investigation;

of an alleged violation of an individual's rights or a reportable incident. The system shall include taking all immediate necessary steps to protect an individual who has been the victim of abuse, neglect, exploitation, or mistreatment from further abuse, neglect, exploitation, or mistreatment.

(l) A provider shall establish a system providing for:

1. (1) administrative action against;
2. (2) disciplinary action against; and
3. (3) dismissal of;

an employee or agent of the provider, if the employee or agent is involved in the abuse, neglect, exploitation, or mistreatment of an individual or a violation of an individual's rights.

(m) A provider shall establish a written procedure for employees or agents of the provider to report violations of the provider's policies and procedures to the provider.

(n) A provider shall establish a written procedure for the provider or for an employee or agent of the provider for informing:

1. (1) adult protective services or child protection services, as applicable;
2. (2) an individual's legal representative, if applicable;
3. (3) any person designated by the individual; and
4. (4) the provider of case management services to the individual;

of a situation involving the abuse, neglect, exploitation, mistreatment of an individual, or the violation of an individual's rights.

(o) A provider shall establish a written protocol for reporting reportable incidents to the BDS as required by section 5 of this rule.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 6-9-4; filed Nov 4, 2002, 12:04 p.m.: 26 IR 766; 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)