Section 455 IAC 1-11-3 - Rights to be included in noticeAuthority: IC 12-9.1-2-3; IC 12-10-15-14
Affected: IC 12-10-15; IC 16-27-1-5; IC 16-28
Sec. 3.
The notice required by section 2 of this rule shall advise residents of housing with services establishments of the following rights:
(1) That each resident, or the resident's representative, must be given:(A) a complete copy of the contract between the establishment and the resident or the resident's representative;(B) all supporting documents and attachments; and(C) any changes whenever changes are made.(2) That the housing with services establishment contract must include the following elements in the contract or through supporting documents or attachments in clear and understandable language:(A) The name, street address, and mailing address of the establishment.(B) The name and mailing address of the owner or owners of the establishment and, if the owner or owners are not natural persons, identification of the type of business entity of the owner or owners.(C) The name and mailing address of the managing agency, through management agreement or lease arrangement, of the establishment, if different from the owner or owners.(D) A statement describing the disclosure document and licensure status, if any, of the establishment and any person providing health related services or supportive services under arrangement with the operator.(E) The term of the contract.(F) A description of the services to be provided to the resident in the base rate to be paid by the resident or on the resident's behalf.(G) A description of any additional services available for an additional fee from the establishment directly or through arrangements with the establishment.(H) The fee schedules outlining the cost of any additional services.(I) A description of the process through which the contract may be modified, amended, or terminated.(J) A description of the establishment's complaint resolution process available to the residents.(K) The resident's designated representative, if any.(L) The establishment's referral procedures if the contract is terminated.(M) The criteria used by the establishment to determine who may continue to reside in the establishment. That the criteria must address the following: (i) When a resident must be transferred because the establishment and the resident are unable to develop a means for assuring that the resident is able to respond to an emergency in a manner that is consistent with local fire and safety requirements.(ii) When the establishment is unable to assure that the resident's physical, mental, and psychosocial needs can be met.(N) A description of the process for assuring that the resident's needs are assessed on admission and periodically thereafter in conjunction with the resident and the resident's representative and for assuring that the resident's physical, mental, and psychosocial needs are met within the terms of the contract criteria for residence provided under clause (M).(O) The billing and payment procedures and requirements.(3) That an establishment's contract must state that:(A) except as stated in the contract, residency in the establishment may not be terminated due to a change in the resident's health or care needs;(B) the ability of a resident to engage in activities away from the establishment regardless of time, duration, and distance of the activities may not be restricted;(C) except to protect the rights and activities of other residents, the establishment may not restrict the ability of a resident to have visitors and to receive family members and guests; and(D) except as stated in the contract and identified in the disclosure document, the operator may not: (i) restrict the ability of a resident to use a home health agency, home health provider, hospice, home health attendant, or case management service of the resident's choice; or(ii) require a resident to use home health services as defined in IC 16-27-1-5.(4) That except where a resident's health or safety or the health and safety of others are endangered, an operator shall provide at least thirty (30) days notice to the resident or the resident's designated representative before terminating the resident's residency.Division of Aging; 455 IAC 1-11-3; filed May 9, 2005, 1:50 p.m.: 28 IR 2688; readopted filed Aug 25, 2011, 1:40 p.m.: 20110921-IR-455110403RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-11-3) to the Division of Aging ( 455 IAC 1-11-3) by P.L. 153-2011, SECTION 21, effective July 1, 2011.