Sec. 6. (a) The area agencies on aging designated by the bureau in each planning and service region shall do the following: (1) Determine the needs and resources of the aged in the area. (2) Coordinate, in cooperation with other agencies or organizations in the area, region, district, or county, all programs and activities providing health, recreational, educational, or social services for the aged. (3) Secure local matching money from public and private sources to provide, improve, or expand the sources available to meet the needs of the aged. (4) Develop, in cooperation with the division and in accordance with the regulations of the commissioner of the federal Administration on Aging, an area plan for each planning and service area to provide for the following: (A) A comprehensive and coordinated system for the delivery of services needed by the aged in the area. (B) The collection and dissemination of information and referral sources. (C) The effective and efficient use of all resources meeting the needs of the aged. (D) The inauguration of new services and periodic evaluation of all programs and projects delivering services to the aged, with special emphasis on the low income and minority residents of the planning and service area. (E) The establishment, publication, and maintenance of a toll free telephone number to provide information, counseling, and referral services for the aged residents of the planning and service area. (5) Conduct case management (as defined in IC 12-10-10-1). (6) Perform any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.). (7) Establish a dementia care specialist program as required by IC 12-10-5.7-4. (b) The division shall pay the costs associated with the toll free telephone number required under subsection (a). (c) Changes may not be made to the designated coverage area of an area agency on aging until after the following: (1) The office of the secretary holds a public hearing in each county where the existing area agency on aging is operating to discuss the proposed changes and receive public comment. (2) One (1) year elapses from the date of the meeting held under subdivision (1). [Pre-1992 Revision Citation: 4-28-3-6.] As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.4; P.L.209-2018, SEC.2; P.L.146-2023, SEC.5.
IC 12-10-1-7 Issuance of citation for violations; requirements; remedies; considerations in determination of remedy Sec. 7. (a) Upon a determination by the bureau that a provider has violated this article or a rule adopted under this article, the director shall issue a citation under IC 4-21.5-3-6 to the provider. The citation must state the following: (1) The nature of the violation. (2) The classification of the violation. (3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider. (4) Any penalty imposed on the provider. (b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final. (c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article: (1) Issuance of an order for immediate correction of the violation. (2) Imposition of a fine not to exceed ten thousand dollars ($10,000). (3) Suspension of new clients by the provider for a period not to exceed ninety (90) days. (4) Revocation of the provider's license or issuance of a probationary license. (5) A requirement that the provider comply with any plan of correction approved or directed by the division. (d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following: (1) Whether the violation occurred for reasons beyond the provider's control. (2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur. (3) The history of violations by the provider. (4) The effect of the violation on the client. (5) The degree of the violation. As added by P.L.153-2011, SEC.7.