Section 455IAC1-5-4. Participant involvement in decision making

   (a) An individual has the right to be involved in the formulation of the care plan and shall be involved at every stage of decision making regarding his or her care and living situation.

  (b) If the case manager has reason to believe that an individual lacks the capacity to make a knowing and informed decision regarding his or her own care, the case manager shall consult with the individual's physician. The individual's physician shall make a determination regarding the individual's capacity to make a knowing and informed decision. If the physician determines that the individual lacks the capacity to make a knowing and informed decision regarding his or her own care, the application and the care plan and any revisions must be approved and signed by the individual's CHOICE representative.

(1) An individual's CHOICE representative is any person who is legally authorized to make health care decisions on behalf of the individual under IC 16-36-1.

(2) If there is no person authorized to make health care decisions on behalf of the individual, then the individual's attending physician may act as the individual's CHOICE representative.

  (c) If the individual is physically unable to sign the application or care plan, but has the capacity to make a knowing and informed decision regarding his or her own care, the individual may indicate his or her assent and authorize another to sign.

  (d) Notwithstanding the fact that an individual needs a CHOICE representative, the case manager shall work and consult with the individual who will be receiving the services and shall take his or her preferences into consideration when developing a care plan, to the extent that the individual's health or safety is not threatened. (Division of Aging; 455 IAC 1-5-4; filed Dec 5, 1995, 8:30 a.m.: 19 IR 1105; readopted filed Oct 1, 2001, 3:38 p.m.: 25 IR 528; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-4-4) to the Division of Aging (455 IAC 1-5-4) by P.L.153-2011, SECTION 21, effective July 1, 2011.