Title 12, TITLE 12. HUMAN SERVICES

Sec. 1. This chapter does not apply to the following: (1) An individual who provides attendant care services and who is employed by and under the direct control of a home health agency (as defined in IC 12-15-34-1). (2) An individual who provides attendant care services and who i…

Sec. 10. (a) An individual may not provide attendant care services for compensation from Medicaid or the community and home options to institutional care for the elderly and disabled program for an individual in need of self-directed in-home care services unless the individual is…

Sec. 11. An individual who desires to provide attendant care services must register with the division or with an organization designated by the division. As added by P.L.141-2006, SEC.44.

Sec. 12. (a) The division shall register an individual who provides the following: (1) A personal resume containing information concerning the individual's qualifications, work experience, and any credentials the individual may hold. The individual must certify that the informati…

Sec. 13. The case manager of an individual in need of self-directed in-home care shall maintain an attending physician's written opinion submitted under section 5 of this chapter in a case file that is maintained for the individual by the case manager. As added by P.L.141-2006, S…

Sec. 14. (a) A personal services attendant who is hired by the individual in need of self-directed in-home care is an employee of the individual in need of self-directed in-home care. (b) The division is not liable for any actions of a personal services attendant or an individual…

care Sec. 15. (a) Except as provided in subsection (b), an individual in need of self-directed in-home care is responsible for recruiting, hiring, training, paying, certifying any employment related documents, dismissing, and supervising in the individual's home during service ho…

Sec. 16. The division shall adopt rules under IC 4-22-2 concerning: (1) the method of payment to a personal services attendant who provides authorized services under this chapter; and (2) record keeping requirements for personal attendant services. As added by P.L.141-2006, SEC.4…

Sec. 17. The individual in need of self-directed in-home care and the personal services attendant must each sign a contract, in a form approved by the division, that includes, at a minimum, the following provisions: (1) The responsibilities of the personal services attendant. (2)…

program; payments not considered income Sec. 18. (a) The office shall amend the home and community based services waiver program under the state Medicaid plan to provide for the payment for attendant care services provided by a personal services attendant for an individual in nee…

Sec. 19. The division may: (1) initiate demonstration projects to test new ways of providing attendant care services; and (2) research ways to best provide attendant care services in urban and rural areas. As added by P.L.141-2006, SEC.44.

Sec. 2. As used in this chapter, "ancillary services" means services ancillary to the basic services provided to an individual in need of self-directed in-home care who needs at least one (1) of the basic services (as defined in section 4 of this chapter). The term includes the f…

Sec. 20. (a) The division and office may adopt rules under IC 4-22-2 that are necessary to implement this chapter. (b) The office shall apply for any federal waivers necessary to implement this chapter. As added by P.L.141-2006, SEC.44.

Sec. 21. The division shall adopt rules under IC 4-22-2 concerning the following: (1) The receipt, review, and investigation of complaints concerning the: (A) neglect; (B) abuse; (C) mistreatment; or (D) misappropriation of property; of an individual in need of self-directed in-h…

Sec. 3. As used in this chapter, "attendant care services" means those basic and ancillary services that the individual chooses to direct and supervise a personal services attendant to perform and that enable an individual in need of self-directed in-home care to live in the indi…

Sec. 4. As used in this chapter, "basic services" means a function that could be performed by the individual in need of self-directed in-home care if the individual did not have a physical disability. The term includes the following: (1) Assistance in getting in and out of beds, …

Sec. 5. As used in this chapter, "health related services" means those medical activities that, in the written opinion of the attending physician submitted to the case manager of the individual in need of self-directed in-home care, could be performed by the individual if the ind…

Sec. 6. As used in this chapter, "individual in need of self-directed in-home care" means an individual with a disability, or person responsible for making health related decisions for the individual with a disability, who: (1) is approved to receive Medicaid waiver services unde…

Sec. 7. As used in this chapter, "licensed health professional" means any of the following: (1) A registered nurse. (2) A licensed practical nurse. (3) A physician with an unlimited license to practice medicine or osteopathic medicine. (4) A licensed dentist. (5) A licensed chiro…

Sec. 8. As used in this chapter, "personal services attendant" means an individual who is registered to provide attendant care services under this chapter and who has entered into a contract with an individual and acts under the individual's direction to provide attendant care se…

Sec. 9. As used in this chapter, "self-directed in-home health care" means the process by which an individual, who is prevented by a disability from performing basic and ancillary services that the individual would perform if the individual did not have a disability, chooses to d…