CHAPTER 11. COMMUNITY AND HOME OPTIONS TO INSTITUTIONAL CARE FOR THE ELDERLY AND DISABLED BOARD
IC 12-10-11
Chapter 11. Community and Home Options to Institutional Care
for the Elderly and Disabled Board
Revisor's note: The 2003 Indiana Code Supplement stated
incorrectly that IC 12-10-11 was repealed. Use the following
provisions of IC 12-10-11.
IC 12-10-11-1
Establishment of board
Sec. 1. The community and home options to institutional care for
the elderly and disabled board is established.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-2
Membership; appointment; vacancy; notice to public of
nomination process
Sec. 2. (a) The board consists of the following fifteen (15)
members:
(1) The director of the division of family resources or the
director's designee.
(2) The chairman of the Indiana state commission on aging or
the chairman's designee.
(3) Three (3) citizens at least sixty (60) years of age, nominated
by two (2) or more organizations that:
(A) represent senior citizens; and
(B) have statewide membership.
(4) One (1) citizen less than sixty (60) years of age nominated
by one (1) or more organizations that:
(A) represent individuals with disabilities; and
(B) have statewide membership.
(5) One (1) citizen less than sixty (60) years of age nominated
by one (1) or more organizations that:
(A) represent individuals with mental illness; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, nurse, or nurse practitioner who
specializes either in the field of gerontology or in the field of
disabilities.
(8) Two (2) home care services advocates or policy specialists
nominated by two (2) or more:
(A) organizations;
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an
organization listed in subdivision (3) that represents senior
citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members
of the same political party, appointed by the president pro
tempore of the senate with the advice of the minority leader of
the senate.
(10) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
The members of the board listed in subdivisions (9) and (10) are
nonvoting members.
(b) The members of the board designated by subsection (a)(3)
through (a)(8) shall be appointed by the governor for terms of two
(2) years. In case of a vacancy, the governor shall appoint an
individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to
notify the public of the board's nomination process described in this
chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental
agencies that work with the division on home care issues and
programs.
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.15;
P.L.137-2005, SEC.1; P.L.145-2006, SEC.68.
IC 12-10-11-3
Per diem; expenses reimbursement
Sec. 3. (a) Each member of the board who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-4
Meetings
Sec. 4. The board shall meet at least six (6) times a year.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-5
Officers; election
Sec. 5. Each year the board shall elect from its membership a
chairman and vice chairman.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-6
Deliberations procedures
Sec. 6. The board shall establish procedures to govern its
deliberations.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-7
Staff services
Sec. 7. The division shall provide staff services for the board.
As added by P.L.2-1992, SEC.4.
IC 12-10-11-8
Duties
Sec. 8. The board shall do the following:
(1) Establish long term goals of the state for the provision of a
continuum of care for the elderly and individuals with a
disability based on the following:
(A) Individual independence, dignity, and privacy.
(B) Long term care services that are:
(i) integrated, accessible, and responsible; and
(ii) available in home and community settings.
(C) Individual choice in planning and managing long term
care.
(D) Access to an array of long term care services:
(i) for an individual to receive care that is appropriate for
the individual's needs; and
(ii) to enable a case manager to have cost effective
alternatives available in the construction of care plans and
the delivery of services.
(E) Long term care services that include home care,
community based services, assisted living, congregate care,
adult foster care, and institutional care.
(F) Maintaining an individual's dignity and self-reliance to
protect the fiscal interests of both taxpayers and the state.
(G) Long term care services that are fiscally sound.
(2) Review state policies on community and home care services.
(3) Recommend the adoption of rules under IC 4-22-2.
(4) Recommend legislative changes affecting community and
home care services.
(5) Recommend the coordination of the board's activities with
the activities of other boards and state agencies concerned with
community and home care services.
(6) Evaluate cost effectiveness, quality, scope, and feasibility of
a state administered system of community and home care
services.
(7) Evaluate programs for financing services to those in need of
a continuum of care.
(8) Evaluate state expenditures for community and home care
services, taking into account efficiency, consumer choice,
competition, and equal access to providers.
(9) Develop policies that support the participation of families
and volunteers in meeting the long term care needs of
individuals.
(10) Encourage the development of funding for a continuum of
care from private resources, including insurance.
(11) Develop a cost of services basis and a program of cost
reimbursement for those persons who can pay all or a part of the
cost of the services rendered. The division shall use this cost of
services basis and program of cost reimbursement in
administering IC 12-10-10. The cost of services basis and
program of cost reimbursement must include a client cost share
formula that:
(A) imposes no charges for an eligible individual whose
income does not exceed one hundred fifty percent (150%) of
the federal income poverty level; and
(B) does not impose charges for the total cost of services
provided to an individual under the community and home
options to institutional care for the elderly and disabled
program unless the eligible individual's income exceeds
three hundred fifty percent (350%) of the federal income
poverty level.
The calculation of income for an eligible individual must
include the deduction of the individual's medical expenses and
the medical expenses of the individual's spouse and dependent
children who reside in the eligible individual's household.
(12) Establish long term goals for the provision of guardianship
services for adults.
(13) Coordinate activities and programs with the activities of
other boards and state agencies concerning the provision of
guardianship services.
(14) Recommend statutory changes affecting the guardianship
of indigent adults.
(15) Review a proposed rule concerning home and community
based services as required under section 9 of this chapter.
As added by P.L.2-1992, SEC.4. Amended by P.L.77-1994, SEC.1;
P.L.114-1997, SEC.1; P.L.24-1997, SEC.29; P.L.137-2005, SEC.2;
P.L.99-2007, SEC.65.
IC 12-10-11-9
Board review of proposed rules on home and community based
care; failure for review voids rules; rules subject to public
comment; request to modify or withdraw rule
Sec. 9. (a) The board shall be given the opportunity to review a
proposed rule concerning home and community based services for:
(1) elderly individuals; or
(2) individuals with disabilities;
at least three (3) months before a proposed rule may be published in
the Indiana Register.
(b) If the proposing agency fails to give the board the opportunity
to review a proposed rule described in subsection (a), the rule:
(1) is void; and
(2) must be withdrawn by the proposing agency.
(c) The board may determine that the proposed rule reviewed by
the board under this section should be subject to a public comment
period. If the board makes a determination that a public comment
period is necessary, the board shall set the:
(1) date and time;
(2) location; and
(3) format;
of the public comment period for the proposed rule.
(d) After a public hearing, if the board determines that a proposed
rule is substantially out of compliance with state law governing home
and community based services, the board shall request that the
agency proposing the rule modify or withdraw the proposed rule. If
a proposed rule is modified under this subsection, the modified rule
must be reviewed by the board.
As added by P.L.137-2005, SEC.3.