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.
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)
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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.