455 Ind. Admin. Code 2-9-3

Current through October 31, 2024

Section 455 IAC 2-9-3 - Resolution of disputes

Authority: IC 12-9.1-2-3; IC 12-10.5-2-2

Affected: IC 4-21.5; IC 12-10; IC 12-11-1.1; IC 12-11-2.1

Sec. 3.

(a) If a dispute arises between or among providers, the dispute resolution process set out in this section shall be implemented.

(b) The resolution of a dispute shall be designed to address an individual's needs.

(c) The parties to the dispute and the individual shall attempt to resolve the dispute informally through an exchange of information and possible resolution.

(d) If these parties are not able to resolve the dispute within fifteen (15) calendar days:

(1) each party must document, in writing:

(A) the issues in the dispute;

(B) their positions; and

(C) their efforts to resolve the dispute; and

(2) the parties shall refer the dispute to DDARS or its designee for resolution in coordinating the recipient's needs.

(e) The parties shall abide by the decision.

(f) A party adversely affected or aggrieved by DDARS' decision may request an administrative review of the decision under 455 IAC 2-7-1 within fifteen (15) calendar days after the party receives written notice of the recommendation.

(g) Administrative review proceedings shall be conducted under IC 4-21.5.

455 IAC 2-9-3

Division of Aging; 455 IAC 2-9-3; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; errata filed Aug 25, 2011, 1:41 p.m.: 20110914-IR-455110468ACA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA

Readopted filed 4/9/2018, 9:13 a.m.: 20180509-IR-455180111RFA

Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1.2-9-3) to the Division of Aging ( 455 IAC 2-9-3) by P.L. 153-2011, SECTION 21, effective July 1, 2011.