Section 12-10.5-1-9 - Rule adoption; consultation with interested parties; requirements for rules; publication of comments received(a) Before finally adopting a rule under IC 4-22-2 to implement this chapter, the division shall consult with and fully consider any comments submitted by: (1) caretakers providing care for a special needs individual under this chapter;(2) individuals with special needs receiving care from a caretaker under this chapter;(3) area agencies on aging;(4) consumers and providers of home and community based services under IC 12-10-10 and IC 12-10-11.5; and(5) any other agency, volunteer group, faith based group, or individual that the division considers appropriate; to ensure that the rule complies with the requirements set forth in subsection (b).
(b) Rules adopted under this chapter must: (1) include protections for the rights, safety, and welfare of individuals with special needs receiving care from a caretaker under this chapter, including reasonable monitoring and reporting requirements;(2) serve distinct populations, including:(B) persons with developmental disabilities; and(C) persons with physical disabilities; in a manner that recognizes, and appropriately responds to, the particular needs of the population;
(3) not create barriers to the availability of home and community based services under IC 12-10-10 and IC 12-10-11.5 by imposing costly or unduly burdensome requirements on caretakers or other service providers, including:(A) requirements for proof of financial responsibility; and(B) monitoring, enforcement, reporting, or other administrative requirements; and(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this chapter.(c) Before submitting a rule adopted under this chapter to the attorney general for final approval under IC 4-22-2-31, the division shall submit to the publisher (as defined in IC 4-22-2-3(f)) for publication in the Indiana Register the division's written response to any comments received from the parties described in subsection (a). Submissions to the publisher shall be made in the electronic format specified by the publisher.Amended by P.L. 249-2023,SEC. 47, eff. 7/1/2023.As added by P.L. 37-2005, SEC.2. Amended by P.L. 123-2006, SEC.26.