Section 460IAC12-6-5. Renewal of approval

   (a) A provider of supported living services or supports shall file a written request for renewal of the council's approval at least ninety (90) days prior to expiration of the council's previous approval. The written request shall include an assessment of provider performance developed by the council.

  (b) Upon receiving a request for renewal of approved status, the council shall determine whether a provider continues to meet the requirements of this article.

  (c) The BDDS shall provide to the council:

(1) a recommendation concerning the renewal of the council's approval; and

(2) any other information requested by the council.

  (d) The council's determination on renewal of approval shall be based on verification that:

(1) the provider continues to meet the requirements of this article;

(2) the provider's operations have been surveyed either:

(A) within the preceding twelve (12) months; or

(B) as part of the renewal process; and

(3) there are no outstanding issues that endanger the health or safety of an individual receiving services from the provider.

  (e) In considering a request for the renewal of approval, the council shall either:

(1) approve the applicant for a period not to exceed three (3) years;

(2) issue provisional approval to an applicant that does not qualify for approval under this article but that provides satisfactory evidence that the applicant will qualify within a period prescribed by the council, with the period not to exceed six (6) months; or

(3) deny approval to an applicant that does not meet the approval requirements of this article.

  (f) The council shall notify a provider, in writing, of the council's determination at least thirty (30) days prior to the expiration of the provider's approval under this section, provided that:

(1) the provider has complied with subsection (a); and

(2) the council has received the information required in subsection (c).

  (g) If a provider has complied with subsection (a) and if the council does not act upon the provider's request for renewal of approved status before the expiration of the provider's approved status, the provider's approved status shall continue until such time as the council acts upon the provider's request for renewal of approved status.

  (h) If a provider is adversely affected or aggrieved by the council's determination, the provider may request administrative review of the determination. The request shall be made in writing and filed with the council within fifteen (15) days after the provider receives written notice of the determination. Administrative review shall be conducted pursuant to IC 4-21.5. (Division of Disability and Rehabilitative Services; 460 IAC 12-6-5; filed Jun 5, 2003, 8:40 a.m.: 26 IR 3642; readopted filed Jul 20, 2009, 11:24 a.m.: 20090819-IR-431090367RFA; readopted filed Jul 1, 2015, 2:54 p.m.: 20150729-IR-460150144RFA) NOTE: Transferred from the Community Residential Facilities Council (431 IAC 7-6-5) to the Division of Disability and Rehabilitative Services (460 IAC 12-6-5) by P.L.229-2011, SECTION 154, effective July 1, 2011.