Ind. Admin. Code tit. 460, r. 9-3-1 – Governing body

Affected: IC 4-21.5; IC 12-10-3; IC 12-28-5-12; IC 22-12

Sec. 1. (a) The provider shall meet all the conditions specified in 42 CFR 483.410 (10-3-88).

(b) The residential provider shall report the following circumstances to the division by telephone no later than the first business day followed by written summaries as requested by the division:

(1) An emergency rendering the residential facility temporarily uninhabitable.
(2) Any fire resulting in injury or property damage.
(3) Death of any resident.
(4) Illness of any resident which requires hospitalization or which renders the resident bedfast for more than seven (7) days.
(5) Suspected or alleged abuse, neglect, or exploitation of a resident which shall also be reported in accordance with IC 12-10- 3 to the adult protective services or with IC 31-6-11 [IC 31-6-11 was repealed by P.L.1-1997, SECTION 157, effective July 1, 1997.] to the child protective services.
(6) Incidents of serious injury to a resident which require the attention of a physician beyond the initial medical evaluation or treatment and release.
(7) Any change in program administrator.

(c) The provider shall establish and maintain financial and program records to demonstrate compliance with all applicable state and federal laws and regulations.

(d) Representatives of the council, including employees of the state department of health and the division of aging and rehabilitative services, shall have the right to enter the premises of the residential facility, or its administering offices, without prior notification for the purpose of examining such records to determine compliance with such laws and regulations.

(e) The residential provider shall furnish an original of all financial audits to the council upon written request of the division.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 9-3-1; filed Sep 30, 1991, 1:40 p.m.: 15 IR 100; filed Nov 2, 1992, 5:00 p.m.: 16 IR 853; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903- IR-431080545RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA; readopted filed Nov 9, 2020, 3:08 p.m.: 20201209-IR-460200501RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 1.1-3- 1) to the Division of Disability and Rehabilitative Services (460 IAC 9-3-1) by P.L.229-2011, SECTION 154, effective July 1, 2011.