460 IAC 19-1-9 Negotiated risk plan appropriate to level of service

Sec. 9. (a) If deemed appropriate and determined to be necessary by a recipient's interdisciplinary team, the provider shall establish a negotiated risk plan with a recipient. (b) The negotiated risk plan shall address unusual situations in which a recipient's assertion of a right, preference, or behavior exposes the recipient or someone else to a real and substantial risk of injury. (c) The negotiated risk plan shall identify and accommodate a recipient's need in a way that is acceptable to both the provider and the recipient. (d) A negotiated risk plan shall include: (1) an explanation of the cause(s) of concern; (2) the possible negative consequences to the recipient and/or others; (3) a description of the recipient's preferences; (4) possible alternatives or interventions to minimize the potential risks associated with the recipient's preference/action; (5) a description of the assisted living Medicaid waiver services the provider will provide to accommodate the recipient's choice or minimize the potential risk and services others [sic., other] entities will provide to accommodate the recipient's choice or minimize the potential risk; and (6) the final agreement, if any, reached by all involved parties. (e) The provider shall involve the recipient and the recipient's interdisciplinary team in developing, implementing, and reviewing a negotiated risk plan. (f) The provider shall review a negotiated risk plan with a recipient and a recipient's team at least quarterly.