Indiana Administrative Code
Title 455 - DIVISION OF AGING
Article 2 - HOME AND COMMUNITY BASED SERVICES
Rule 9 - General Administrative Requirements for Providers
Section 9-3 - Resolution of disputes

Universal Citation: 455 IN Admin Code 9-3

Current through September 18, 2024

Authority: IC 12-9.1-2-3; IC 12-10.5-2-2

Affected: IC 4-21.5; IC 12-10; IC 12-11-1.1; IC 12-11-2.1

Sec. 3.

(a) If a dispute arises between or among providers, the dispute resolution process set out in this section shall be implemented.

(b) The resolution of a dispute shall be designed to address an individual's needs.

(c) The parties to the dispute and the individual shall attempt to resolve the dispute informally through an exchange of information and possible resolution.

(d) If these parties are not able to resolve the dispute within fifteen (15) calendar days:

(1) each party must document, in writing:
(A) the issues in the dispute;

(B) their positions; and

(C) their efforts to resolve the dispute; and

(2) the parties shall refer the dispute to DDARS or its designee for resolution in coordinating the recipient's needs.

(e) The parties shall abide by the decision.

(f) A party adversely affected or aggrieved by DDARS' decision may request an administrative review of the decision under 455 IAC 2-7-1 within fifteen (15) calendar days after the party receives written notice of the recommendation.

(g) Administrative review proceedings shall be conducted under IC 4-21.5.

Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1.2-9-3) to the Division of Aging ( 455 IAC 2-9-3) by P.L. 153-2011, SECTION 21, effective July 1, 2011.

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