Authority: IC 12-28-5-19

Affected: IC 4-21.5; IC 10-13-3-27; IC 12-28-5-12; IC 22-12

Sec. 2. (a) The provider shall meet all conditions specified in 42 CFR 483.420 (10-1-95).

(b) The provider shall further ensure the following:

1. (1) A resident is transferred or discharged only for the following:

   1. (A) Medical reasons.
   2. (B) The resident's welfare or that of other residents.
   3. (C) The resident's needs cannot be met as determined by an interdisciplinary team in compliance with IC 12-11-2 [IC 12-11-2 was repealed by P.L.272-1999, SECTION 66, effective July 1, 1999.].
   4. (D) Failure to comply with IC 12-11-1-5 [IC 12-11-1 was repealed by P.L.272-1999, SECTION 66, effective July 1, 1999.].
2. (2) A resident is assisted in contacting or consulting with legal counsel as needed at the resident's own expense and is informed about available advocacy services.

(c) The residential provider shall demonstrate that its employment practices assure that no staff person would be employed where there is:

1. (1) evidence of abuse or fraud in any setting;
2. (2) repeated and substantial violation of applicable laws and rules in the operation of any type of residential, health, or developmental program in the care of dependent persons; or
3. (3) conviction of a crime substantially related to a dependent population or any violent crime.

The provider shall obtain, as a minimum, a bureau of motor vehicles record, a criminal history check as authorized in IC 5-2-5-5 [IC 5-2-5 was repealed by P.L.2-2003, SECTION 102, effective July 1, 2003. See IC 10-13-3-27.], and three (3) references. Mere verification of employment dates by previous employers shall not constitute a reference in compliance with this section.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 9-3-2; filed Sep 30, 1991, 1:40 p.m.: 15 IR 100; filed Nov 2, 1992, 5:00 p.m.: 16 IR 854; filed Apr 30, 1997, 9:00 a.m.: 20 IR 2375; 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 1.1-3-2) to the Division of Disability and Rehabilitative Services (460 IAC 9-3-2) by P.L.229-2011, SECTION 154, effective July 1, 2011.