2.3. MARCO LEGAL
2.3.1. LA CONSTITUCIÓN Y LA NORMATIVA REGULADORA DE LAS PERSONAS
Authority: IC 16-28-1-7
Affected: IC 16-28-2; IC 16-28-5-1
Sec. 1. This rule applies to facilities licensed under IC 16-28-2 that serve three (3) or more developmentally disabled individuals. (Indiana State Department of Health; 410 IAC 16.2-7-1; filed May 2, 1984, 2:50 p.m.: 7 IR 1501; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1587, eff Apr 1, 1997; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)
410 IAC 16.2-7-2 Admission policies and program statements
Authority: IC 16-28-1-7 Affected: IC 16-28-5-1
Sec. 2. (a) Each facility shall have a written program statement and policies to assure that the facility admits only those individuals whose needs can be met. The policies shall be available to staff, residents, sponsors, and members of the public. The policies and program statement include, but are not limited to, the following:
(1) Classification of services offered.
(2) Arrangements to assure that the facility, in cooperation with community resources, can meet the needs of the individuals. (3) The conditions of the people to be served.
(4) Admission, retention, and discharge policy.
(b) For purposes of IC 16-28-5-1, a breach of subsection (a) is a noncompliance. (Indiana State Department of Health; 410 IAC 16.2-7-2; filed May 2, 1984, 2:50 p.m.: 7 IR 1501; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1587, eff Apr 1, 1997; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)
410 IAC 16.2-7-3 Staff training and development programs
Authority: IC 16-28-1-7 Affected: IC 16-28-5-1
Sec. 3. (a) Each facility shall provide in service training and shall require all staff working with developmentally disabled residents to attend staff development programs concerning developmental disabilities. Written records of such training shall be kept in the facility.
(b) For purposes of IC 16-28-5-1, a breach of subsection (a) is a noncompliance. (Indiana State Department of Health; 410 IAC 16.2-7-3; filed May 2, 1984, 2:50 p.m.: 7 IR 1501; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1587, eff Apr 1, 1997; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)
410 IAC 16.2-7-4 Resident programs
Authority: IC 16-28-1-7 Affected: IC 16-28-5-1
Sec. 4. (a) The facility shall provide a program for developmentally disabled individuals, which assures the following: (1) There is a designated staff member qualified by a minimum of two (2) years experience with developmentally disabled individuals, or through completion of the council approved training program on developmental disabilities, responsible for the program. If the designated staff member does not qualify as a qualified mental retardation professional, as defined in 410 IAC 16.2-1-32, the designee must be supervised by a qualified mental retardation professional or the facility must have a consultant qualified mental retardation professional.
(2) The designated staff member is responsible for the development and implementation of the habilitation program which shall include an assessment of need for community services and a care habilitation plan based upon a diagnostic screening. (3) The habilitation plan which comprises the developmental component of the care plan, or in residential care the individual needs assessment, shall be reviewed and updated in accordance with the scheduled review of the overall care plan or as changes in the resident's condition indicate.
(4) Sheltered workshop programs, adult day activity programs, work activity programs, and work adjustment programs designed to meet the developmental program needs of developmentally disabled persons shall be provided outside the facility and in other community settings. These programs shall be provided by community resources whose programs are approved by the Indiana state department of public welfare in consultation with the Indiana department of mental health. A facility is in compliance with this rule, even if it is unable to obtain developmental programs from approved community resources, if:
(A) the facility has documented that it will arrange for the provision of the services from a community resource, and the community resource is willing to provide the programs and has developed a plan for implementation within a mutually agreed upon time frame; or
(B) the facility has documented that a community resource is unavailable or is unwilling to provide the services. (b) For purposes of IC 16-28-5-1, a breach of subsection (a) is a noncompliance. (Indiana State Department of Health; 410 IAC 16.2-7-4; filed May 2, 1984, 2:50 p.m.: 7 IR 1501; errata, 7 IR 1941; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1587, eff Apr 1, 1997; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR- 410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)
410 IAC 16.2-7-5 Diagnostic screening
Authority: IC 16-28-1-7 Affected: IC 16-28-5-1
Sec. 5. (a) A diagnostic screening shall be performed within the twelve (12) month period prior to admission by a physician, or diagnostic and evaluation teams designated by the department of mental health, unless medically contraindicated by the attending physician.
(b) Permission for the diagnostic screening must be received from the resident (or sponsor where appropriate). (c) The diagnostic screening performed after admission shall include the following:
(1) An annual medical evaluation to determine the general medical status of an applicant, and to identify any medical factors which limit client activity or ability in such areas as vocational training and residential placement in less restrictive settings. (2) A psychological evaluation to measure the applicant's potential across a wide range of skills, for example, intellectual and adaptive functioning level, aptitude, and interests. After the initial psychological evaluation, a reevaluation shall be completed at least every three (3) years for children and every five (5) years for adults or more frequently as identified by the QMRP.
(3) An annual developmental assessment which measures what the applicant is doing in a wide range of skill areas, for example, ability to dress self, tell time, and move freely in the community without assistance.
(4) A social history and an annual social services update which provides information on services and programs the applicant has received in the past, as well as what services the applicant was receiving at the time of the diagnostic screening. (d) If the attending physician after consultation with, and the concurrence of, the QMRP has stated in writing that there is no known effective treatment or training program likely to produce significant improvement or be necessary to maintain existing skills, the facility may exclude the resident from the developmental training program. The facility shall document the reasons for exclusion and make such documentation available to survey staff. However, the facility shall continue to meet the care planning requirements of 410 IAC 16.2-3.1-35.
(e) For purposes of IC 16-28-5-1, a breach of subsection (a), (b), (c), or (d) is a noncompliance. (Indiana State Department of Health; 410 IAC 16.2-7-5; filed May 2, 1984, 2:50 p.m.: 7 IR 1502; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1588, eff Apr 1, 1997; errata filed Apr 10, 1997, 12:15 p.m.: 20 IR 2415; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)