Section 455 IAC 2-15-2 - Adoption of personnel policiesAuthority: IC 12-9.1-2-3; IC 12-10.5-2-2
Affected: IC 12-10; IC 16-27-2-5; IC 35-42; IC 35-43-4; IC 35-46-1-12; IC 35-46-1-13
Sec. 2.
(a) A provider or its agent shall do the following: (1) Adopt, maintain, and follow a written personnel policy.(2) Review the personnel policies at least annually and update as needed.(3) Provide to each employee or agent access to the personnel policy.(4) Adopt and maintain a job description for each position, including the following: (A) Minimum qualifications for the position.(B) Major duties required of the position.(b) The written personnel policy required by subsection (a) shall include, but is not limited to, the following: (1) A procedure for conducting reference, employment, and criminal background checks on each prospective employee or agent.(2) A prohibition against employing or contracting with a person convicted of crimes including, but not limited to, the following:(A) A sex crime (IC 35-42-4).(B) Exploitation of an endangered adult (IC 35-46-1-12).(C) Abuse or neglect of a child (IC 35-42-2-1).(D) Failure to report battery, neglect, or exploitation of an endangered adult or dependent (IC 35-46-1-13).(E) Theft (IC 35-43-4), except as provided in IC 16-27-2-5(a)(5).(F) Murder (IC 35-42-1-1).(G) Voluntary manslaughter (IC 35-42-1-3).(H) Involuntary manslaughter (IC 35-42-1-4).(I) Battery (IC 35-42-2).(3) A process for evaluating the job performance of each employee or agent at the end of the training period and annually thereafter, including a process for feedback from individuals receiving services from the employee or agent.(4) Disciplinary procedures.(5) A description of grounds for disciplinary action against or dismissal of an employee or agent.(6) A clear description of an employee's rights and responsibilities, including the responsibilities of administrators and supervisors.(7) A procedure to ensure compliance with HIPAA regulations.Division of Aging; 455 IAC 2-15-2; filed Sep 1, 2006, 8:20 a.m.: 20060927-IR-460050119FRA; readopted filed Nov 2, 2012, 8:32 a.m.: 20121121-IR-455120508RFAReadopted filed 4/9/2018, 9:13 a.m.: 20180509-IR-455180111RFAReadopted filed 9/25/2024, 4:02 p.m.: 20241023-IR-455230818RFATransferred from the Division of Disability and Rehabilitative Services (460 IAC 1.2-15-2) to the Division of Aging (455 IAC 2-15-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.