Authority: IC 12-28-5-19

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

Sec. 4. (a) The provider shall meet all conditions specified in 42 CFR 483.440 (10-1-95).

(b) The provider shall obtain day services for each resident which:

1. (1) meet the criteria and certification requirements established by the division of aging and rehabilitative services for all day service providers;
2. (2) meet the resident's active treatment needs set forth in the resident's individual program plan as determined by the interdisciplinary team conference with preference for services in the least restrictive environment; and
3. (3) are approved by the case manager, and in those situations where the resident is receiving vocational rehabilitation funded services, also by the vocational rehabilitation counselor.

(c) The interdisciplinary team shall assist the resident or the resident's guardian in exploring options for day services. The interdisciplinary team will take into consideration the resident's or the resident's guardian's preference of day services.

(d) The division of aging and rehabilitative services shall offer the residential provider and the resident, or the resident's guardian, an opportunity to appeal the day services approved by the case manager or, in those situations where the resident is receiving vocational rehabilitation funded services, the vocational rehabilitation counselor under subsection (b). The appeals process is described in developmental disabilities integrated field services policy.

(e) The protections afforded residents in section 2(b)(1) of this rule, which refer to the residential provider, should be extended to the resident in reference to the day services provider.

(f) Subsection (b) does not apply if either of the following apply:

1. (1) The resident is a child as defined in 431 IAC 1.1-1-7 and is in a school program.
2. (2) The resident's interdisciplinary team determines that the unique needs of the resident are best met without including day services. Any individual program plan which does not include day services must be approved by the case manager, and, in those situations where the resident is receiving vocational rehabilitation funded services, also by the vocational rehabilitation counselor. The residential provider and the resident, or the resident's guardian, shall have an opportunity to appeal the services approved by the case manager or vocational rehabilitation counselor through the appeals process described in developmental disabilities integrated field services policy.

(Division of Disability, Aging, and Rehabilitative Services; 460 IAC 9-3-4; filed Sep 30, 1991, 1:40 p.m.: 15 IR 101; filed Nov 2, 1992, 5:00 p.m.: 16 IR 854; filed Apr 30, 1997, 9:00 a.m.: 20 IR 2376; 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 1.1-3-4) to the Division of Disability and Rehabilitative Services (460 IAC 9-3-4) by P.L.229-2011, SECTION 154, effective July 1, 2011.