§ 12-10.5-1-9 — Rule adoption; consultation with interested parties; requirements for rules; publication of comments received

Indiana § 12-10.5-1-9

• Jurisdiction: Indiana
• Art. 10.5: RESPITE CARE SERVICES
• Ch. 1: Caretaker Support Program

Text

(a) Before finally adopting a rule under IC 4-22-2 to implement this chapter, the division shall consult with and
fully consider any comments submitted by:
(1) caretakers providing care for a special needs individual under
this chapter;
(2) individuals with special needs receiving care from a caretaker
under this chapter;
(3) area agencies on aging;
(4) consumers and providers of home and community based
services under IC 12-10-10 and IC 12-10-11.5; and
(5) any other agency, volunteer group, faith based group, or
individual that the division considers appropriate;
to ensure that the rule complies with the requirements set forth in
subsection (b).
(b) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals with special needs receiving care from a caretaker
under this chapter, including reasonable monitoring and reporting
requirements;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to, the
particular needs of the population;
(3) not create barriers to the availability of home and community
based services under IC 12-10-10 and IC 12-10-11.5 by imposing
costly or unduly burdensome requirements on caretakers or other
service providers, including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other administrative
requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
(c) Before submitting a rule adopted under this chapter to the
attorney general for final approval under IC 4-22-2-31, the division
shall submit to the publisher (as defined in IC 4-22-2-3(f)) for
publication in the Indiana Register the division's written response to
any comments received from the parties described in subsection (a).
Submissions to the publisher shall be made in the electronic format
specified by the publisher.

Legislative History

As added by P.L.37-2005, SEC.2. Amended by P.L.123-2006, SEC.26; P.L.249-2023, SEC.47.