CHAPTER 13. STATEWIDE WAIVER OMBUDSMAN
IC 12-11-13
Chapter 13. Statewide Waiver Ombudsman
IC 12-11-13-1
Applicability
Sec. 1. This chapter applies only to an individual who:
(1) has a developmental disability; and
(2) receives services under a waiver under the federal home and
community based services program.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-2
"Ombudsman" defined
Sec. 2. As used in this chapter, "ombudsman" refers to the
statewide waiver ombudsman established by section 3 of this
chapter. The term includes individuals approved to act in the
capacity of ombudsmen by the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-3
Position established
Sec. 3. The statewide waiver ombudsman position is established
within the division.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-4
Appointment of acting ombudsman
Sec. 4. The director shall appoint an acting ombudsman within
thirty (30) days of a vacancy in the position of the ombudsman. The
acting ombudsman has the powers and duties of the ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-5
Consultation with experts regarding duties
Sec. 5. The ombudsman may consult with experts in fulfilling the
duties of the ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-6
Investigation and resolution of complaints
Sec. 6. (a) The ombudsman shall receive, investigate, and attempt
to resolve complaints and concerns that are made by or on behalf of
an individual described in section 1 of this chapter.
(b) At the conclusion of an investigation of a complaint, the
ombudsman shall report the ombudsman's findings to the
complainant.
(c) If the ombudsman does not investigate a complaint, the
ombudsman shall notify the complainant of the decision not to
investigate and the reasons for the decision.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-7
Access to records required
Sec. 7. (a) An ombudsman must be provided access to the
following:
(1) An individual described in section 1 of this chapter.
(2) An entity that provides waiver services to an individual
described in section 1 of this chapter.
(3) Records of an individual described in section 1 of this
chapter, including records held by an entity that provides
services to the individual.
(4) If an individual described in section 1 of this chapter is
incapable of giving consent, as determined by the attending
physician or as otherwise determined under state law, the name,
address, and telephone number of the individual's legal
representative.
Except as provided in subsections (c) and (d), the ombudsman must
obtain consent under subsection (b) before having access to the
records described in subdivision (3).
(b) Consent to have access to an individual's records shall be
given in one (1) of the following forms:
(1) In writing by the individual.
(2) Orally by the individual in the presence of a witness.
(3) In writing by the legal representative of the individual if:
(A) the individual is incapable of giving consent, as
determined by the attending physician or as otherwise
determined under state law; and
(B) the legal representative has the authority to give consent.
(c) If consent to have access to an individual's records cannot be
obtained under subsection (b), an ombudsman may inspect the
records of the individual if the individual is incapable of giving
consent, as determined by the attending physician or as otherwise
determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot
be contacted within three (3) days; or
(3) has a legal representative but the legal representative does
not have the authority to give consent to have access to the
records.
(d) If an ombudsman has:
(1) been denied access to an individual's records by the
individual's legal representative;
(2) reasonable cause to believe that the individual's legal
representative is not acting in the best interests of the
individual; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the individual.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-8
Immunity of provider of waiver services
Sec. 8. A provider of waiver services or an employee of a provider
of waiver services is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to the ombudsman under this
chapter.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-9
Agency providing access to relevant records
Sec. 9. A state or local government agency or entity that has
records that are relevant to a complaint or an investigation conducted
by the ombudsman shall provide the ombudsman with access to the
records.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-10
Ombudsman providing coordination and confidentiality
Sec. 10. The ombudsman shall do the following:
(1) Promote effective coordination among the following:
(A) Programs that provide legal services for individuals with
a developmental disability.
(B) The division.
(C) Providers of waiver services to individuals with
developmental disabilities.
(D) Providers of other necessary or appropriate services.
(2) Ensure that the identity of an individual described in section
1 of this chapter will not be disclosed without:
(A) the individual's written consent; or
(B) a court order.
As added by P.L.272-1999, SEC.35. Amended by P.L.99-2007,
SEC.86.
IC 12-11-13-11
Rules
Sec. 11. The director of the division may adopt rules under
IC 4-22-2 necessary to carry out this chapter.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-12
Immunity from civil liability
Sec. 12. The ombudsman is not civilly liable for the good faith
performance of official duties.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-13
Annual report on operations of program
Sec. 13. (a) The ombudsman shall prepare a report each year on
the operations of the program.
(b) A copy of the report required under subsection (a) shall be
provided to the following:
(1) The governor.
(2) The legislative council. The report must be in an electronic
format under IC 5-14-6.
(3) The division.
(4) The members of the commission on developmental
disabilities established by IC 2-5-27.2-2.
As added by P.L.272-1999, SEC.35. Amended by P.L.28-2004,
SEC.95; P.L.3-2009, SEC.5.
IC 12-11-13-14
Report to commission on developmental disabilities
Sec. 14. The ombudsman shall report:
(1) annually; or
(2) upon request;
to the commission on developmental disabilities established by
IC 2-5-27.2-2.
As added by P.L.272-1999, SEC.35. Amended by P.L.3-2009, SEC.6.
IC 12-11-13-15
Receipt of complaints
Sec. 15. The division shall:
(1) establish a statewide toll free telephone line continuously
open to receive complaints regarding individuals described in
section 1 of this chapter; and
(2) forward all complaints received from the toll free telephone
line to the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
IC 12-11-13-16
Offenses regarding ombudsman
Sec. 16. A person who:
(1) intentionally prevents the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in an
effort to affect the outcome of an investigation or a potential
investigation; or
(3) knowingly or intentionally retaliates against a resident, a
client, an employee, or another person who files a complaint or
provides information to the ombudsman;
commits a Class B misdemeanor.
As added by P.L.272-1999, SEC.35.