Bill Text: IN SB0148 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Developmental disabilities.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2010-03-25 - Effective 03/12/2010 [SB0148 Detail]

Download: Indiana-2010-SB0148-Amended.html


January 29, 2010





SENATE BILL No. 148

_____


DIGEST OF SB 148 (Updated January 27, 2010 11:16 am - DI 104)



Citations Affected: IC 12-11.

Synopsis: Developmental disabilities. Requires the bureau of developmental disabilities services to ensure, beginning July 1, 2011, that an entity approved to provide adult day services, day habilitation, or vocational services is accredited by a specified organization.

Effective: Upon passage.





Lawson C




    January 5, 2010, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.
    January 20, 2010, pursuant to Senate Rule 65(b), reassigned to Committee on Health and Provider Services.
    January 28, 2010, amended, reported favorably _ Do Pass.






January 29, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.

SENATE BILL No. 148



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-11-1.1-1; (10)SB0148.1.1. -->     SECTION 1. IC 12-11-1.1-1, AS AMENDED BY P.L.99-2007, SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The bureau of developmental disabilities services is established within the division.
    (b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for individuals with a developmental disability and their families, within the limits of available resources. The planning and delivery of services must be based on future plans of the individual with a developmental disability rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the individual with a developmental disability and that individual's family.
    (c) Services for individuals with a developmental disability must be services that meet the following conditions:
        (1) Are provided under public supervision.
        (2) Are designed to meet the developmental needs of individuals with a developmental disability.
        (3) Meet all required state and federal standards.
        (4) Are provided by qualified personnel.
        (5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate.
        (6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
    (d) The bureau shall approve entities to provide community based services and supports. Beginning July 1, 2011, the bureau shall ensure that an entity approved to provide adult day services, identified day habilitation, or vocational services under home and community based services waivers is accredited by at least one (1) of the following organizations:
        (1) The Commission on Accreditation of Rehabilitation Facilities (CARF), or its successor.

         (2) The Council on Quality and Leadership In Supports for People with Disabilities, or its successor.
         (3) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or its successor.
         (4) The National Committee for Quality Assurance, or its successor.
         (5) The ISO-9001 human services QA system.
         (6) An independent national accreditation organization approved by the secretary.
    (e) The bureau shall approve and monitor community based residential, habilitation, and vocational service providers that provide alternatives to placement of individuals with a developmental disability in state institutions and health facilities licensed under IC 16-28 for individuals with a developmental disability. The services must simulate, to the extent feasible, patterns and conditions of everyday life that are as close as possible to normal. The community based service categories include the following:
        (1) Supervised group living programs, which serve at least four (4) individuals and not more than eight (8) individuals, are funded by Medicaid, and are licensed by the community residential facilities council.
        (2) Supported living service arrangements to meet the unique needs of individuals in integrated settings. Supported living service arrangements providing residential services may not serve more than four (4) unrelated individuals in any one (1) setting. However, the head of the bureau shall waive this limitation for a setting providing residential services to more than four (4)

unrelated individuals in any one (1) setting if the setting was in existence on June 30, 1999.
    (f) To the extent that services described in subsection (e) are available and meet the individual's needs, an individual is entitled to receive services in the least restrictive environment possible.
    (g) Community based services under subsection (e)(1) or (e)(2) must consider the needs of and provide choices and options for:
        (1) individuals with a developmental disability; and
        (2) families of individuals with a developmental disability.
    (h) The bureau shall administer a system of service coordination to carry out this chapter.

SOURCE: ; (10)SB0148.1.2. -->     SECTION 2. An emergency is declared for this act.

feedback