Section 455IAC2-6-6. Endangerment of an individual's health and welfare

   (a) If a provider's noncompliance with this article endangers the health or welfare of an individual such that an emergency exists, as determined by DDARS or its designee, DDARS may enter an order for any of the following:

(1) Termination of continued authorization for the provider to:

(A) serve any individual whose health or safety is being seriously endangered; or

(B) provide any services under this article.

(2) Denial of authorization for the receipt of services by individuals not already receiving services from the provider at the time DDARS determines that a provider's noncompliance with this article endangers the health or safety of an individual.

  (b) Any action taken under subsection (a) shall remain in effect until such time DDARS determines the provider's noncompliance with this article is no longer endangering the health or safety of an individual.

  (c) DDARS shall give written notice of an order under subsection (a) to the following:

(1) The provider.

(2) The individual receiving services from the provider.

(3) The individual's legal representative, as applicable.

  (d) The written notice under subsection (a) shall include the following:

(1) The requirements of this article with which the provider has not complied.

(2) A brief statement of the facts and the law leading to DDARS' determination that an emergency exists.

(3) The need to immediately obtain services that comply with this article for an individual or individuals.

(4) The provider's right to seek administrative review of DDARS' action.

  (e) The order issued under subsection (a) shall expire on the earlier of the following:

(1) The date DDARS determines that an emergency no longer exists.

(2) Ninety (90) days.

  (f) During the pendency of any related proceedings under IC 4-21.5, DDARS may renew an emergency order for successive ninety (90) day periods.

  (g) When an individual is:

(1) scheduled to receive a prescribed service; and

(2) not at the prescribed location;

the provider shall make a reasonable effort to locate the individual. If unable to locate individual, the provider shall complete the unusual occurrence reports according to DDARS policy and this article. (Division of Aging; 455 IAC 2-6-6; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1.2-6-6) to the Division of Aging (455 IAC 2-6-6) by P.L.153-2011, SECTION 21, effective July 1, 2011.