455 IAC 3-1-11 - Administration

Authority: IC 12-9.1-2-3

Affected: IC 12-10-3-9; IC 12-10-13; IC 12-15

Sec. 11.

The provider shall do the following:

(1) Comply with all requirements of this article.

(2) Ensure all provider staff are knowledgeable about applicable recipient rights.

(3) Not require a recipient to sign any admission contract or agreement that purports to waive any rights of the recipient.

(4) Develop and implement a complaint procedure and process which is responsive to recipient's complaints to assist in resolving agreement disputes between recipients and the provider.

(5) Adopt procedures for securing and recording complaints and endorsements filed by:

(A) recipients;

(B) recipients' designated representatives; and

(C) recipients' family members.

(6) Post in a place and manner clearly visible to recipients and visitors the Indiana department of health, state and local ombudsman toll-free complaint telephone numbers and telephone numbers for contacting a case manager through the local area agency on aging.

(7) Comply with all federal and state statutory and regulatory requirements regarding nondiscrimination in all aspects of the provider's operation.

(8) Encourage recipients and the recipient council, if there is one, to provide input to the facility about recipients' preferences for food choices, taking into account the cultural and religious needs of recipients.

(9) Ensure all instances of:

(A) suspected abuse;

(B) neglect;

(C) exploitation; or

(D) abandonment; are reported to the adult protective services program, as required in IC 12-10-3-9 and 455 IAC 1-2-10, and to the local law enforcement agency.

(10) Not have any sexual contact with any recipient and shall ensure that provider staff and students not have sexual contact with any recipient.

(11) Permit the office of Medicaid policy and planning, the division, the ombudsman, and other state representatives to enter the facility without prior notification in order to monitor the provider's compliance with this article and to conduct complaint investigations, including, but not limited to:

(A) observing and interviewing recipients; and

(B) accessing recipient records.

Notes

455 IAC 3-1-11

Division of Aging; 455 IAC 3-1-11; filed Apr 8, 2004, 3:15 p.m.: 27 IR 2494; readopted filed May 27, 2010, 10:11 a.m.: 20100609-IR-460100196RFA; errata filed Aug 25, 2011, 1:41 p.m.: 20110914-IR-455110468ACA Readopted filed 5/10/2016, 11:21 a.m.: 20160608-IR-455160133RFA Readopted filed 11/4/2022, 4:00 p.m.: 20221130-IR-455220277RFA

Transferred from the Division of Disability and Rehabilitative Services (460 IAC 8-1-11) to the Division of Aging (455 IAC 3-1-11) by P.L. 153-2011, SECTION 21, effective July 1, 2011.