Ind. Code ch. 12-8-1.7

Ind. Code ch. 12-8-1.7
in effect

Ind. Code § 12-8-1.7-1 "Attendant care services"

Sec. 1. As used in this chapter, "attendant care services" means the 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. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-2 "Individual in need of self-directed in-home care"

Sec. 2. As used in this chapter, "individual in need of self-directed in-home care" means an individual with a disability, or a 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); (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. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-3 "Personal services attendant"

Sec. 3. As used in this chapter, "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. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-4 Self-direct care options and services

Sec. 4. The office of the secretary shall have self-directed care options and services available for an eligible individual who: (1) receives services under a home and community based services waiver (as defined in IC 12-8-1.6-2); and (2) chooses self-directed care services. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-5 Registration; prohibition

Sec. 5. (a) An individual may not provide attendant care services for compensation from Medicaid for an individual in need of self-directed in-home care services unless the individual is registered under this chapter. (b) Except in instances of extraordinary care, an individual who is a legally responsible relative of an individual in need of self-directed in-home care, including a parent of a minor individual and a spouse, is precluded from providing attendant care services for compensation under this chapter. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-6 Registration by the office of the secretary; duties of the office of the secretary

Sec. 6. (a) The office of the secretary shall register an individual to provide services under this chapter who provides the following: (1) A personal resume containing information concerning the individual's qualifications, work experience, and any credentials the individual may hold. The individual must certify that the information contained in the resume is true and accurate. (2) The individual's: (A) limited criminal history check from the Indiana central repository for criminal history information under IC 10-13-3; (B) expanded criminal history check (as defined in IC 20-26-2-1.5); or (C) criminal history check from another source allowed by law. (3) If applicable, the individual's state nurse aide registry report from the Indiana department of health. This subdivision does not require an individual to be a nurse aide. (4) Three (3) letters of reference. (5) Proof that the individual is at least eighteen (18) years of age. (6) Any other information required by the office of the secretary. (b) A registration is valid for two (2) years. A personal services attendant may renew the personal services attendant's registration by updating any information in the file that has changed. The limited criminal history check and state nurse aide registry report required under subsection (a)(2) and (a)(3) must be updated every two (2) years. (c) The office of the secretary shall maintain a file for each personal services attendant that contains: (1) comments related to the provision of attendant care services submitted by an individual in need of self-directed in-home care who has employed the personal services attendant; and (2) the items described in subsection (a)(1) through (a)(4). (d) Upon request, the office of the secretary shall provide to an individual in need of self-directed in-home care the following: (1) Without charge, a list of personal services attendants who are registered with the office of the secretary and available within the requested geographic area. (2) A copy of the information of a specified personal services attendant who is on file with the office of the secretary under subsection (c). The office of the secretary may charge a fee for shipping, handling, and copying expenses. (e) The limited criminal history check requirement described in subsection (a)(2) may be satisfied by fulfilling the components of an expanded criminal history check under IC 20-26-2-1.5 and is subject to the conditions described in IC 16-27-2-4(c). As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-7 Physician's or health care professional's written opinion

Sec. 7. The case manager of an individual in need of self-directed in-home care shall maintain the written opinion of the individual's attending physician or health care professional in a case file that is maintained for the individual by the case manager. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-8 Employer; immunity; liability

Sec. 8. (a) A personal services attendant who is hired by the individual in need of self-directed in-home care is an employee of the individual in need of self-directed in-home care. (b) The office of the secretary is not liable for any actions of a personal services attendant or an individual in need of self-directed in-home care. (c) A personal services attendant and an individual in need of self-directed in-home care are each liable for any negligent or wrongful act or omission in which the person personally participates. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-9 Responsibilities of individuals in need of self-directed in-home care

Sec. 9. (a) Except as provided in subsection (b), an individual in need of self-directed in-home care is responsible for recruiting, hiring, training, paying, certifying any employment related documents, dismissing, and supervising in the individual's home during service hours a personal services attendant who provides attendant care services for the individual. (b) If an individual in need of self-directed in-home care is: (1) less than twenty-one (21) years of age; or (2) unable to direct in-home care because of a brain injury or mental deficiency; the individual's parent, spouse, or legal guardian or a person possessing a valid power of attorney for the individual may make employment, care, and training decisions and certify any employment related documents on behalf of the individual. (c) An individual in need of self-directed in-home care or an individual under subsection (b) and the individual's case manager shall develop an authorized care plan. The authorized care plan must include a list of weekly services or tasks that must be performed to comply with the authorized care plan. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-10 Contracts

Sec. 10. 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 office of the secretary, that includes, at a minimum, the following provisions: (1) The responsibilities of the personal services attendant. (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. (5) Reasons and notice agreements for early termination of the contract. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-11 Amendment of home and community based services waiver; payments not considered income

Sec. 11. (a) The office of the secretary shall amend or implement a home and community based services waiver (as defined in IC 12-8-1.6-2) to provide for the payment for attendant care services provided by a personal services attendant for an individual in need of self-directed in-home care under this chapter, including any related record keeping and employment expenses. (b) The office of the secretary shall not, to the extent permitted by federal law, consider as income money paid under this chapter to or on behalf of an individual in need of self-directed in-home care to enable the individual to employ registered personal services attendants for purposes of determining the individual's income eligibility for services under this chapter or IC 12-8-1.6. As added by P.L.174-2025, SEC.15.

Ind. Code § 12-8-1.7-12 Rules

Sec. 12. The office of the secretary shall adopt rules under IC 4-22-2 concerning the following: (1) The method of payment to a personal services attendant who provides authorized services under this chapter. (2) Record keeping requirements for personal attendant services. (3) The receipt, review, and investigation of complaints concerning the: (A) neglect; (B) abuse; (C) mistreatment; or (D) misappropriation of property; of an individual in need of self-directed in-home care by a personal services attendant. (4) Establishing notice and administrative hearing procedures in accordance with IC 4-21.5. (5) Appeal procedures, including judicial review of administrative hearings. (6) Procedures to place a personal services attendant who has been determined to have been guilty of: (A) neglect; (B) abuse; (C) mistreatment; or (D) misappropriation of property; of an individual in need of self-directed in-home care on the state nurse aide registry. (7) Any rules necessary to implement this chapter. As added by P.L.174-2025, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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