Section 455 IAC 1-9-1 - DefinitionsAuthority: IC 12-9.1-2-3; IC 12-10-17.1-20
Affected: IC 12-10-10; IC 12-10-17.1; IC 12-15-34-1; IC 16-25; IC 25-1-9-2; IC 25-1-9-3
Sec. 1.
(a) The definitions in this section apply throughout this rule.(b) "Ancillary services" means services ancillary to the basic services provided to an individual in need of self-directed in-home care who needs at least one (1) of the basic services listed in subsection (d). The term includes the following: (1) Homemaker type services, including shopping, laundry, cleaning, and seasonal chores.(2) Companion type services, including transportation, letter writing, mail reading, and escort services.(3) Assistance with cognitive tasks, including managing finances, planning activities, and making decisions.(c) "Attendant care services" means those basic and ancillary services, which the individual chooses to direct and supervise a personal services attendant to perform, that enable an individual in need of self-directed in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.(d) "Basic services" means a function that could be performed by the individual in need of self-directed in-home care if the individual were not physically disabled. The term includes the following: (1) Assistance in getting in and out of beds, wheelchairs, and motor vehicles.(2) Assistance with routine bodily functions, including:(A) health related services as defined in subsection (f);(B) bathing and personal hygiene;(C) dressing and grooming; and(D) feeding, including preparation and cleanup.(e) "Geographic area" means one (1) county of the state.(f) "Health related services" means those medical activities that, in the written opinion of the attending physician submitted to the case manager of the individual in need of self-directed in-home care, could be performed by the individual if the individual were physically capable, and if the medical activities can be safely performed in the home, and either:(1) are performed by a person who has been trained or instructed on the performance of the medical activities by an individual in need of self-directed in-home care who is, in the written opinion of the attending physician submitted to the case manager of the individual in need of self-directed in-home care, capable of training or instructing the person who will perform the medical activities; or(2) are performed by a person who has received training or instruction from a licensed health professional, within the professional's scope of practice, in how to properly perform the medical activity for the individual in need of self-directed in-home care.(g) "Individual in need of self-directed in-home care" means an individual with a disability, or person responsible for making health related decisions for the individual with a disability, who:(1) is approved to receive Medicaid waiver services under 42 U.S.C. 1396n(c), or is a participant in the community and home options to institutional care for the elderly and disabled program under IC 12-10-10;(2) is in need of attendant care services because of impairment;(3) requires assistance to complete functions of daily living, self-care, and mobility, including those functions included in attendant care services;(4) chooses to self-direct a paid personal services attendant to perform attendant care services; and(5) assumes the responsibility to initiate self-directed in-home care and exercise judgment regarding the manner in which those services are delivered, including the decision to employ, train, and dismiss a personal services attendant.(h) "Licensed health professional" means the following:(2) A licensed practical nurse.(3) A physician with an unlimited license to practice medicine or osteopathic medicine.(5) A licensed chiropractor.(6) A licensed optometrist.(7) A licensed pharmacist.(8) A licensed physical therapist.(9) A certified occupational therapist.(10) A certified psychologist.(11) A licensed podiatrist.(12) A licensed speech-language pathologist or audiologist.(i) "Personal services attendant" means an individual who is registered to provide attendant care services under this rule and who has entered into a contract with an individual and acts under the individual's direction to provide attendant care services that could be performed by the individual if the individual were physically capable.(j) "Self-directed in-home health care" means the process by which an individual, who is prevented by a disability from performing basic and ancillary services that the individual would perform if not disabled, chooses to direct and supervise a paid personal services attendant to perform those services in order for the individual to live in the individual's home and community rather than an institution.Division of Aging; 455 IAC 1-9-1; filed Oct 2, 2002, 9:13 a.m.: 26 IR 350; readopted filed Oct 17, 2008, 3:35 p.m.: 20081105-IR-460080685RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFAReadopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-455190488RFA Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-8-1) to the Division of Aging ( 455 IAC 1-9-1) by P.L. 153-2011, SECTION 21, effective July 1, 2011.