Indiana § 12-10-3-31 - Persons not needing protective services

§ 12-10-3-31. Persons not needing protective services

Sec. 31. An individual is not in need of protective services under this chapter:

(1) solely for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment; and

(2) if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment.

As added by P.L.77-1992, SEC.4.

IC 12-10-4Chapter 4. Repealed[Pre-1992 Revision Citations:

12-10-4-1formerly 4-28-13-2(a)12-10-4-2formerly 4-28-13-2(b)12-10-4-3formerly 4-28-13-2(c)12-10-4-4formerly 4-28-13-2(d)12-10-4-5formerly 4-28-13-312-10-4-6formerly 4-28-13-5.]Repealed by P.L.153-2011, SEC.20.

IC 12-10-5Chapter 5. Expired[Pre-1992 Revision Citations:

12-10-5-1New12-10-5-2formerly 4-28-13-4(a) part12-10-5-3formerly 4-28-13-4(a) part12-10-5-4formerly 4-28-13-4(c)12-10-5-5formerly 4-28-13-4(d) part12-10-5-6formerly 4-28-13-4(d) part12-10-5-7formerly 4-28-13-4(d) part12-10-5-8formerly 4-28-13-4(d) part12-10-5-9subsection (a) formerly 4-28-13-4(e); subsection (b) formerly 4-28-13-4(f)12-10-5-10formerly 4-28-13-4(b).]Expired 12-31-2013 by P.L.153-2011, SEC.10.

IC 12-10-5.5Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure

12-10-5.5-1"Alzheimer's and dementia special care" defined 12-10-5.5-2"Health facility" defined 12-10-5.5-2.5"Housing with services establishment" defined 12-10-5.5-3Disclosure form; contents 12-10-5.5-4Form; requirements of health facility and housing with services establishment 12-10-5.5-5Form; requirements of division 12-10-5.5-6Rules

IC 12-10-5.5-1"Alzheimer's and dementia special care" defined Sec. 1. As used in this chapter, "Alzheimer's and dementia special care" means care provided to a person diagnosed with Alzheimer's disease, a related disorder, or dementia who resides in a health facility or a housing with services establishment that:

(1) locks, secures, segregates, or provides a special program or special unit for residents with Alzheimer's disease, related disorders, or dementia; and

(2) advertises, markets, or promotes the health facility as providing Alzheimer's care services, dementia care services, or both.

As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.2.

IC 12-10-5.5-2"Health facility" defined Sec. 2. As used in this chapter, "health facility" means a facility that is licensed under or subject to IC 16-28.

As added by P.L.106-1997, SEC.4.

IC 12-10-5.5-2.5"Housing with services establishment" defined Sec. 2.5. As used in this chapter, "housing with services establishment" has the meaning set forth in IC 12-10-15-3.

As added by P.L.48-2021, SEC.3.

IC 12-10-5.5-3Disclosure form; contents Sec. 3. A health facility and a housing with services establishment that provides or offers Alzheimer's and dementia special care or programing shall prepare a written disclosure in a form provided by the division that has been developed in conjunction with the long term care ombudsman's office and that contains the following information:

(1) The health facility's or housing with services establishment's mission or philosophy statement concerning the needs of residents with Alzheimer's disease, a related disorder, or dementia.

(2) The process and criteria the health facility or housing with services establishment uses to determine placement, transfer, or discharge from Alzheimer's and dementia special care.

(3) The process for the assessment, establishment, and implementation of a plan of Alzheimer's and dementia special care, including how and when changes are made to a plan of care.

(4) The following information concerning the staff of the Alzheimer's and dementia special care unit:

(A) The staff-to-patient ratio for each shift.

(B) The positions and classifications of staff.

(C) The initial training or special education requirements of the staff.

(D) The qualities and amount of continuing education and in-service training required for staff.

(5) A description of the Alzheimer's and dementia special care unit and the unit's design features.

(6) The frequency and types of activities for the residents of the health facility or housing with services establishment who have Alzheimer's disease, a related disorder, or dementia.

(7) The extent that the health facility's Alzheimer's and dementia special care unit and program or housing with services establishment's program offers family support programs and solicits input from family members.

(8) Guidelines for using physical and chemical restraints in providing Alzheimer's and dementia special care.

(9) An itemization of the health facility's or housing with services establishment's charges and fees for Alzheimer's and dementia special care and related services.

(10) Any other features, services, or characteristics that the health facility or housing with services establishment believes distinguishes the health facility or housing with services establishment from Alzheimer's and dementia special care offered by other facilities and establishments.

As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.4.

IC 12-10-5.5-4Form; requirements of health facility and housing with services establishment Sec. 4. A health facility and a housing with services establishment shall do the following with the disclosure form required under section 3 of this chapter:

(1) Submit the form to the division in December of each year.

(2) Make the form available to any individual seeking information on services for an individual with Alzheimer's disease or a related disorder.

As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.5.

IC 12-10-5.5-5Form; requirements of division Sec. 5. The division shall do the following with the disclosure form received from each health facility and housing with services establishment under section 4 of this chapter:

(1) Make the form available to any individual upon request.

(2) Publish all the disclosure forms before February of each year in a single publication to disseminate to the public upon request.

As added by P.L.106-1997, SEC.4. Amended by P.L.48-2021, SEC.6.

IC 12-10-5.5-6Rules Sec. 6. The division may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.106-1997, SEC.4.

IC 12-10-5.7Chapter 5.7. Dementia Care Specialist Program

12-10-5.7-1"Area agency" 12-10-5.7-2"Program" 12-10-5.7-3"Specialist" 12-10-5.7-4Authority to establish dementia care specialist program; administration of program 12-10-5.7-5Authority to follow guidelines or training requirements 12-10-5.7-6Authority for rulemaking

IC 12-10-5.7-1"Area agency" Sec. 1. As used in this chapter, "area agency" means an area agency on aging designated by the bureau under IC 12-10-1-4.

As added by P.L.146-2023, SEC.6.

IC 12-10-5.7-2"Program" Sec. 2. As used in this chapter, "program" means a dementia care specialist program established by an area agency under this chapter.

As added by P.L.146-2023, SEC.6.

IC 12-10-5.7-3"Specialist" Sec. 3. As used in this chapter, "specialist" means a dementia care specialist designated by an area agency to administer a program under section 4 of this chapter.

As added by P.L.146-2023, SEC.6.

IC 12-10-5.7-4Authority to establish dementia care specialist program; administration of program Sec. 4. (a) An area agency may establish a dementia care specialist program under which an area agency may designate an employee as a dementia care specialist for the area agency to administer the program.

(b) A specialist may work with the state dementia coordinator under IC 12-10-20-4 to administer the program through the following actions:

(1) Conducting education and outreach activities to increase community awareness of dementia and resources available to support individuals with dementia and their caregivers.

(2) Consulting with and providing training to individuals, including area agency staff, who interact with an individual or a caregiver caring for a person who:

(A) has dementia; or

(B) suffers from symptoms of dementia or a related cognitive disease.

(3) Establishing relationships with health care providers, health maintenance organizations, and other community-based organizations to serve as a liaison to facilitate increased contact and promote organizational care coordination and dementia-friendly activities.

(4) Providing any other service that is determined to be appropriate by the division or area agency that supports the aims and goals of the dementia strategic plan under IC 12-10-20 or supports a data collection and evaluation plan to determine health outcomes tied to the dementia care specialist programming.

As added by P.L.146-2023, SEC.6. Amended by P.L.122-2026, SEC.42.

IC 12-10-5.7-5Authority to follow guidelines or training requirements Sec. 5. A specialist may follow any guidelines or training requirements developed by the dementia care specialist coordinator under IC 12-10-20-4.

As added by P.L.146-2023, SEC.6. Amended by P.L.122-2026, SEC.43.

IC 12-10-5.7-6Authority for rulemaking Sec. 6. The division may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.146-2023, SEC.6.

IC 12-10-6Chapter 6. Residential Care Assistance

12-10-6-1Eligibility of county home residents; amount; rate; personal allowance 12-10-6-2Repealed 12-10-6-2.1Residential care assistance; eligibility; alternative placement for individuals with an intellectual disability; personal allowance and other amounts retained 12-10-6-3Repealed 12-10-6-4Excess income recipients; continued eligibility 12-10-6-5Individuals with a mental illness; comprehensive care plan; rules 12-10-6-6Application for assistance 12-10-6-7Investigation of applicant 12-10-6-8Investigative report and recommendation 12-10-6-9Amount of assistance; determination 12-10-6-10Monthly payments; warrants 12-10-6-11Reconsideration; report of change; hearing 12-10-6-12New county home admittees; aid in applying for assistance 12-10-6-13Higher education award not to be considered income or resource for purposes of assistance eligibility 12-10-6-14Repealed