Section 460IAC6-7-4. Serious endangerment of individual's health and safety

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

(1) Termination of continued authorization for the provider to serve any individual whose health or safety is being seriously endangered.

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

(3) Termination of continued authorization for the provider to provide any services under this article.

  (b) Any action taken pursuant to subsection (a) shall remain in effect until such time as the BDDS or its designee determines that the provider's noncompliance with this article is no longer endangering the health and safety of an individual.

  (c) The BDDS shall give written notice of an order under subsection (a) to:

(1) the provider;

(2) the individual receiving service from the provider; and

(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 the BDDS's 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 the BDDS's action.

  (e) The order issued under subsection (a) shall expire:

(1) on the date the BDDS determines that an emergency no longer exists; or

(2) in ninety (90) days;

whichever is less.

  (f) During the pendency of any related proceedings under IC 4-21.5, the BDDS may renew an emergency order for successive ninety (90) day periods. (Division of Disability and Rehabilitative Services; 460 IAC 6-7-4; filed Nov 4, 2002, 12:04 p.m.: 26 IR 764; readopted filed Sep 26, 2008, 11:11 a.m.: 20081015-IR-460080618RFA; readopted filed Aug 11, 2014, 11:20 a.m.: 20140910-IR-460140241RFA)