16-27-4-1. “Client”
Sec. 1. As used in this chapter, “client” means an individual who has been accepted to receive personal services from a personal services agency. As added by P.L.212-2005, SEC.18.
16-27-4-10. Service Plan
Sec. 10. The personal services agency’s manager or the manager’s designee shall prepare a service plan for a client before providing personal services for the client. A permanent change to the service plan requires a written change to the service plan. The service plan must: (1) be in writing, dated, and signed by the individual […]
16-27-4-11. Client Satisfaction Review
Sec. 11. The personal services agency’s manager or the manager’s designee shall conduct a client satisfaction review with the client every seventy-six (76) to one hundred four (104) days to discuss the services being provided and to determine if any change in the plan of services should occur. The review with the client may be […]
16-27-4-12. Client Rights Statement
Sec. 12. The personal services agency shall provide the client or the client’s personal representative with the personal services agency’s written statement of client rights not more than seven (7) days after providing services to the client. The statement of client rights must include the following information: (1) The client has the right to have […]
16-27-4-12.5. Client Declining Assistance; Lift Services Not Required
Sec. 12.5. (a) A client who receives attendant care services may decline assistance with any component of the attendant care services, including the use of lift equipment. (b) Nothing in this chapter shall be construed to require a client to use lift equipment when lift services are provided. As added by P.L.77-2021, SEC.3.
16-27-4-13. Complaint Investigations
Sec. 13. A personal services agency shall investigate a complaint made by a client, the client’s family, or the client’s personal representative regarding: (1) service that is or fails to be furnished; and (2) lack of respect for the client’s property by anyone furnishing services on behalf of the personal services agency. The personal services […]
16-27-4-14. Telephone Contact
Sec. 14. The personal services agency’s manager or the manager’s designee shall be available to respond to client telephone calls twenty-four (24) hours a day. As added by P.L.212-2005, SEC.18.
16-27-4-15. Tuberculosis Test
Sec. 15. An employee or agent of a personal services agency who will have direct client contact must complete a tuberculosis test in the same manner as required by the state department for licensed home health agency employees and agents. As added by P.L.212-2005, SEC.18.
16-27-4-16. Evaluation and Training
Sec. 16. (a) The competency of an employee or agent of a personal services agency who will perform attendant care services at the client’s residence must be evaluated by the agency or the agency’s designee for each attendant care services task that the personal services agency chooses to have that employee or agent perform. The […]
16-27-4-17. Disclosure of Ownership
Sec. 17. (a) Disclosure of ownership and management information must be made to the state department: (1) at the time of the personal services agency’s request for licensure; (2) during each survey of the personal services agency; and (3) when there is a change in the management or in an ownership interest of more than […]
16-27-4-18. Compliance Documentation
Sec. 18. A personal services agency shall document evidence of compliance with the requirements of this chapter and document services provided to clients. The documentation or copies of the documentation must be maintained or be electronically accessible at a personal services agency’s office in Indiana for not less than seven (7) years. As added by […]
16-27-4-19. Penalties
Sec. 19. (a) The state health commissioner may take one (1) or more of the following actions on any ground listed in subsection (b): (1) Issue a probationary license. (2) Conduct a resurvey. (3) Deny renewal of a license. (4) Revoke a license. (5) Impose a civil penalty in an amount not to exceed one […]
16-27-4-2. “Parent Personal Services Agency”
Sec. 2. As used in this chapter, “parent personal services agency” means the personal services agency that develops and maintains administrative and fiscal control over a branch office. As added by P.L.212-2005, SEC.18.
16-27-4-20. Rules
Sec. 20. (a) The state department shall adopt rules under IC 4-22-2 to govern the procedure for the following: (1) Issuing, renewing, denying, or revoking a personal services agency license. (2) Investigating a complaint against a personal services agency that alleges a violation of this chapter. (3) Collecting fees required under this chapter. (b) The […]
16-27-4-21. Penalty Review
Sec. 21. A licensee or an applicant for a license aggrieved by an action under this chapter may request a review under IC 4-21.5. As added by P.L.212-2005, SEC.18.
16-27-4-22. Appeals Panel; Expiration
Sec. 22. (a) In response to a request for review of an order referred to in subsection (c), the executive board shall appoint an appeals panel that consists of three (3) members as follows: (1) One (1) member of the executive board. (2) One (1) attorney admitted to the practice of law in Indiana. (3) […]
16-27-4-23. Penalty
Sec. 23. A person who knowingly or intentionally: (1) operates a personal services agency; or (2) advertises the operation of a personal services agency; that is not licensed under this chapter commits a Class A misdemeanor. As added by P.L.212-2005, SEC.18.
16-27-4-3. “Personal Representative”
Sec. 3. As used in this chapter, “personal representative” means a person who has legal authority to act on behalf of the client with regard to the action to be taken. As added by P.L.212-2005, SEC.18.
16-27-4-4. “Personal Services”
Sec. 4. (a) As used in this chapter, “personal services” means: (1) attendant care services; (2) homemaker services that assist with or perform household tasks, including housekeeping, shopping, laundry, meal planning and preparation, and cleaning; and (3) companion services that provide fellowship, care, and protection for a client, including transportation, letter writing, mail reading, and […]
16-27-4-5. “Personal Services Agency”
Sec. 5. (a) As used in this chapter, “personal services agency” means a person that provides or offers to provide a personal service for compensation, whether through the agency’s own employees or by arrangement with another person. (b) The term does not include the following: (1) An individual who provides personal services only to the […]