Title 12, TITLE 12. HUMAN SERVICES

[Pre-1992 Revision Citation: 16-10-4.5-1.] As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.

Sec. 10. The state ombudsman must have familiarity with the following: (1) Gerontology or long term care. (2) The legal system. (3) Dispute or problem resolution techniques, including investigation, mediation, and negotiation. (4) Knowledge of Medicare and Medicaid funding of lon…

Sec. 11. The state ombudsman may not have been employed by a long term care facility within one (1) year preceding the proposed appointment by the secretary or the secretary's designee. [Pre-1992 Revision Citation: 16-10-4.5-11(d).] As added by P.L.2-1992, SEC.4. Amended by P.L.1…

Sec. 12. The state ombudsman or a member of the state ombudsman's immediate family may not have had a pecuniary interest in a long term care facility within three (3) years preceding the director's proposed appointment. [Pre-1992 Revision Citation: 16-10-4.5-11(e).] As added by P…

Sec. 13. The state ombudsman may employ technical experts and other employees to carry out the purposes of the office. [Pre-1992 Revision Citation: 16-10-4.5-11(f).] As added by P.L.2-1992, SEC.4.

Sec. 14. The office shall receive, investigate, and attempt to resolve complaints and concerns that: (1) are made by or on behalf of a patient, resident, or client of a long term care facility, except for an individual with a developmental disability who is receiving waiver servi…

Sec. 15. At the conclusion of an investigation of a complaint, the office may, with the informed consent of the resident or the resident's legal representative, disclose records, findings, and documentation of an investigated case maintained by the office to parties associated wi…

[Pre-1992 Revision Citation: 16-10-4.5-12(c).] As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.15. Repealed by P.L.168-2018, SEC.20.

information Sec. 16.2. In accordance with this chapter, an ombudsman must be provided access to the following: (1) Long term care facilities and the residents of the long term care facilities. (2) As provided in section 16.4 of this chapter, a resident's medical, financial, and s…

resident or client; consent Sec. 16.4. (a) An ombudsman must be provided access to a resident's medical, financial, and social records. Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records. (b) C…

Sec. 16.5. An ombudsman shall be given appropriate access to the records of a long term care facility, including the following: (1) Administrative policies. (2) Licensing and certification records. (3) Survey results. As added by P.L.139-1993, SEC.18. Amended by P.L.168-2018, SEC…

agency or entity Sec. 16.6. A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by an ombudsman shall provide the ombudsman with access to the records. As added by P.L.139-1993, SEC.19.

Sec. 16.7. A long term care facility or an employee of a long term care facility is immune from: (1) civil or criminal liability; and (2) actions taken under a professional disciplinary procedure; for the release or disclosure of records to an ombudsman under this chapter. As add…

number for reporting problems; nondisclosure of identity of complainant, resident, or client Sec. 16.8. The office shall do the following: (1) Promote effective coordination between the office and the following: (A) Programs that provide legal services for the elderly. (B) The ad…

Sec. 17. The secretary shall adopt rules under IC 4-22-2 necessary to carry out this chapter. [Pre-1992 Revision Citation: 16-10-4.5-13.] As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.86; P.L.139-1993, SEC.22; P.L.35-2016, SEC.18.

Sec. 18. A representative of the office is not civilly liable for the good faith performance of official duties. [Pre-1992 Revision Citation: 16-10-4.5-14.] As added by P.L.2-1992, SEC.4.

Sec. 19. (a) The office shall prepare a report each year on the operations of the office. (b) A copy of the report shall be provided to the following: (1) The governor. (2) The general assembly. The report must be in an electronic format under IC 5-14-6. (3) The division. (4) The…

[Pre-1992 Revision Citation: 16-10-4.5-5.] As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.

Sec. 20. A person who: (1) intentionally prevents the work of the office; (2) knowingly offers compensation to the office in an effort to affect the outcome of an investigation or a potential investigation; or (3) retaliates against a resident, an employee, or another person who …

Sec. 21. The office shall make available independent legal counsel for the state ombudsman for the following: (1) Representation of the state ombudsman against a lawsuit or other legal action that is brought or threatened to be brought against the state ombudsman in connection wi…

Sec. 22. The office shall ensure that grievances and complaints are addressed concerning the following: (1) Action taken or failure to take action on behalf of a resident. (2) Designation or revocation of designation of local: (A) host agencies; or (B) representatives of the stat…

[Pre-1992 Revision Citation: 16-10-4.5-6.] As added by P.L.2-1992, SEC.4. Amended by P.L.139-1993, SEC.5; P.L.4-1993, SEC.39; P.L.5-1993, SEC.52. Repealed by P.L.168-2018, SEC.8.

Sec. 3.2. As used in this chapter, "legal assistance developer" has the meaning set forth in 42 U.S.C. 3058j. As added by P.L.168-2018, SEC.9.

Sec. 3.3. As used in this chapter, "legal representative" means: (1) a guardian; (2) a health care representative acting under IC 16-36-1 or IC 16-36-7; (3) an attorney-in-fact for health care appointed under IC 30-5-5-16; (4) an attorney-in-fact appointed under IC 30-5-5 who doe…

Sec. 3.6. As used in this chapter, "long term care facility" means any of the following: (1) A facility licensed under or subject to IC 16-28-2. (2) An adult care home as a residential care facility. (3) A facility certified as a Medicaid waiver facility for the aged and disabled…

Sec. 4. As used in this chapter, "office" refers to the long term care ombudsman office established by this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the long term care ombudsmen office. [Pre-1992 Revision Citation: 16-10-4.5-7.] As ad…

Sec. 4.5. As used in this chapter, "ombudsman" means an individual or entity designated by the state ombudsman to investigate and resolve local complaints and concerns regarding the health, safety, welfare, or rights of residents. As added by P.L.139-1993, SEC.9. Amended by P.L.1…

[Pre-1992 Revision Citation: 16-10-4.5-8.] As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.

Sec. 6. As used in this chapter, "state ombudsman" refers to the individual appointed by the secretary or the secretary's designee to run the state long term care ombudsman program and office under 42 U.S.C. 3001 et seq. and this chapter. [Pre-1992 Revision Citation: 16-10-4.5-9.…

Sec. 7. The division shall establish the long term care ombudsman office in compliance with 42 U.S.C. 3001 et seq. [Pre-1992 Revision Citation: 16-10-4.5-10.] As added by P.L.2-1992, SEC.4. Amended by P.L.168-2018, SEC.14.

Sec. 8. Subject to sections 10 through 12 of this chapter, the secretary or the secretary's designee shall appoint the state long term care ombudsman to direct the office on a full-time basis. [Pre-1992 Revision Citation: 16-10-4.5-11(a).] As added by P.L.2-1992, SEC.4. Amended b…

Sec. 9. The secretary or the secretary's designee shall appoint an acting state ombudsman within thirty (30) days of a vacancy in the position of state ombudsman. The acting state ombudsman has the powers and duties of the state ombudsman. [Pre-1992 Revision Citation: 16-10-4.5-1…

Sec. 1. This chapter applies only to an individual who: (1) has a developmental disability; and (2) receives services under a waiver under the federal home and community based services program. As added by P.L.272-1999, SEC.35.

Sec. 11. The secretary may adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.272-1999, SEC.35. Amended by P.L.35-2016, SEC.27.

Sec. 12. The ombudsman is not civilly liable for the good faith performance of official duties. As added by P.L.272-1999, SEC.35.

Sec. 13. (a) The ombudsman shall prepare a report each year on the operations of the program. (b) A copy of the report required under subsection (a) shall be provided to the following: (1) The governor. (2) The legislative council. The report must be in an electronic format under…

Sec. 14. The ombudsman shall report: (1) annually; or (2) upon request; to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6. As added by P.L.272-1999, SEC.35. Amended by P.L.3-2…

Sec. 15. The division shall: (1) establish a statewide toll free telephone line continuously open to receive complaints regarding individuals described in section 1 of this chapter; and (2) forward all complaints received from the toll free telephone line to the statewide waiver …

Sec. 16. A person who: (1) intentionally prevents the work of the ombudsman; (2) knowingly offers compensation to the ombudsman in an effort to affect the outcome of an investigation or a potential investigation; or (3) knowingly or intentionally retaliates against a resident, a …

Sec. 2. As used in this chapter, "ombudsman" refers to the statewide waiver ombudsman established by section 3 of this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the statewide waiver ombudsman. As added by P.L.272-1999, SEC.35.

Sec. 3. The statewide waiver ombudsman position is established within the division. As added by P.L.272-1999, SEC.35.

Sec. 4. The secretary or the secretary's designee shall appoint an acting ombudsman within thirty (30) days of a vacancy in the position of the ombudsman. The acting ombudsman has the powers and duties of the ombudsman. As added by P.L.272-1999, SEC.35. Amended by P.L.35-2016, SE…

Sec. 5. The ombudsman may consult with experts in fulfilling the duties of the ombudsman. As added by P.L.272-1999, SEC.35.

Sec. 6. (a) The ombudsman shall receive, investigate, and attempt to resolve complaints and concerns that are made by or on behalf of an individual described in section 1 of this chapter. (b) At the conclusion of an investigation of a complaint, the ombudsman shall report the omb…

Sec. 7. (a) An ombudsman must be provided access to the following: (1) An individual described in section 1 of this chapter. (2) An entity that provides waiver services to an individual described in section 1 of this chapter. (3) Records of an individual described in section 1 of…

Sec. 8. A provider of waiver services or an employee of a provider of waiver services is immune from: (1) civil or criminal liability; and (2) actions taken under a professional disciplinary procedure; for the release or disclosure of records to the ombudsman under this chapter. …

Sec. 9. A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by the ombudsman shall provide the ombudsman with access to the records. As added by P.L.272-1999, SEC.35. IC 12-11-13-10 Ombudsman providing coord…

Sec. 1. If supplemental assistance is granted to an aged person under this chapter, the division shall enter the following on a certificate: (1) The award made. (2) The name and residence of the recipient. (3) The amount of the award. (4) The date when the assistance to the recip…

Sec. 2. The division shall provide the form for the certificate. [Pre-1992 Revision Citation: 12-1-5-8(a) part.] As added by P.L.2-1992, SEC.8.

Sec. 3. Four (4) copies of the certificate must be prepared. [Pre-1992 Revision Citation: 12-1-5-8(a) part.] As added by P.L.2-1992, SEC.8.