Sec. 17. The individual in need of self-directed in-home care and the personal services attendant must each sign a contract, in a form approved by the division, that includes, at a minimum, the following provisions:

(1) The responsibilities of the personal services attendant.

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Terms Used In Indiana Code 12-10-17.1-17

  • attendant care services: means those basic and ancillary services that the individual chooses to direct and supervise a personal services attendant to perform and 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. See Indiana Code 12-10-17.1-3
  • Contract: A legal written agreement that becomes binding when signed.
  • 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:

    Indiana Code 12-10-17.1-6

  • personal services attendant: means an individual who is registered to provide attendant care services under this chapter 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. See Indiana Code 12-10-17.1-8
(2) The frequency the personal services attendant will provide attendant care services.

(3) The duration of the contract.

(4) The hourly wage of the personal services attendant. The wage may not be less than the federal minimum wage or more than the rate that the recipient is eligible to receive under a Medicaid home and community based services waiver or the community and home options to institutional care for the elderly and disabled program for attendant care services.

(5) Reasons and notice agreements for early termination of the contract.

As added by P.L.141-2006, SEC.44.