Bill Text: IN SB0012 | 2012 | Regular Session | Introduced
Bill Title: Reestablishment of FSSA.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2012-02-16 - Committee report: do pass, adopted [SB0012 Detail]
Download: Indiana-2012-SB0012-Introduced.html
Citations Affected: IC 2-5-26-2; IC 4-22-2-37.1; IC 12-7; IC 12-8;
IC 12-9; IC 12-9.1; IC 12-10-12-4; IC 12-12-1-4.1; IC 12-12.7-2-8;
IC 12-13; IC 12-14-2-21; IC 12-15-2-0.5; IC 12-21; IC 16-28-15-5;
IC 22-4.1-17-6.
Synopsis: Reestablishment of FSSA. Reestablishes the office of the
secretary of family and social services and other divisions and offices
within FSSA. (The introduced version of this bill was prepared by the
health finance commission.)
Effective: Upon passage.
January 4, 2012, read first time and referred to Committee on Health and Provider
Services.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
(1) An order adopted by the commissioner of the Indiana department of transportation under IC 9-20-1-3(d) or IC 9-21-4-7(a) and designated by the commissioner as an emergency rule.
(2) An action taken by the director of the department of natural resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the occupational safety standards commission under IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management board under IC 13-22-2-3 and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted by the department of financial institutions under IC 24-4.5-6-107 and declared necessary to meet an emergency.
(6) A rule required under IC 24-4.5-1-106 that is adopted by the department of financial institutions and declared necessary to meet an emergency under IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to address an emergency under IC 8-1-2-113.
(8) An emergency rule adopted by the state lottery commission under IC 4-30-3-9.
(9) A rule adopted under IC 16-19-3-5 or IC 16-41-2-1 that the executive board of the state department of health declares is necessary to meet an emergency.
(10) An emergency rule adopted by the Indiana finance authority under IC 8-21-12.
(11) An emergency rule adopted by the insurance commissioner under IC 27-1-23-7 or IC 27-1-12.1.
(12) An emergency rule adopted by the Indiana horse racing commission under IC 4-31-3-9.
(13) An emergency rule adopted by the air pollution control board, the solid waste management board, or the water pollution control board under IC 13-15-4-10(4) or to comply with a deadline required by or other date provided by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the emergency rule is in effect are reviewed after the emergency rule expires.
(14) An emergency rule adopted by the Indiana election commission under IC 3-6-4.1-14.
(15) An emergency rule adopted by the department of natural resources under IC 14-10-2-5.
(16) An emergency rule adopted by the Indiana gaming commission under IC 4-32.2-3-3(b), IC 4-33-4-2, IC 4-33-4-3, IC 4-33-4-14, IC 4-33-22-12, or IC 4-35-4-2.
(17) An emergency rule adopted by the alcohol and tobacco commission under IC 7.1-3-17.5, IC 7.1-3-17.7, or IC 7.1-3-20-24.4.
(18) An emergency rule adopted by the department of financial institutions under IC 28-15-11.
(19) An emergency rule adopted by the office of the secretary of family and social services under
(20) An emergency rule adopted by the office of the children's health insurance program under IC 12-17.6-2-11.
(21) An emergency rule adopted by the office of Medicaid policy and planning under IC 12-15-41-15.
(22) An emergency rule adopted by the Indiana state board of animal health under IC 15-17-10-9.
(23) An emergency rule adopted by the board of directors of the Indiana education savings authority under IC 21-9-4-7.
(24) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-34 (repealed).
(25) An emergency rule adopted by the department of local government finance under IC 6-1.1-4-33 (repealed).
(26) An emergency rule adopted by the boiler and pressure vessel rules board under IC 22-13-2-8(c).
(27) An emergency rule adopted by the Indiana board of tax review under IC 6-1.1-4-37(l) (repealed) or an emergency rule adopted by the department of local government finance under IC 6-1.1-4-36(j) (repealed) or IC 6-1.1-22.5-20.
(28) An emergency rule adopted by the board of the Indiana economic development corporation under IC 5-28-5-8.
(29) A rule adopted by the department of financial institutions under IC 34-55-10-2.5.
(30) A rule adopted by the Indiana finance authority:
(A) under IC 8-15.5-7 approving user fees (as defined in IC 8-15.5-2-10) provided for in a public-private agreement under IC 8-15.5;
(B) under IC 8-15-2-17.2(a)(10):
(i) establishing enforcement procedures; and
(ii) making assessments for failure to pay required tolls;
(C) under IC 8-15-2-14(a)(3) authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means; or
(D) to make other changes to existing rules related to a toll road project to accommodate the provisions of a public-private agreement under IC 8-15.5.
(31) An emergency rule adopted by the board of the Indiana health informatics corporation under IC 5-31-5-8.
(32) An emergency rule adopted by the department of child services under IC 31-25-2-21, IC 31-27-2-4, IC 31-27-4-2, or
IC 31-27-4-3.
(33) An emergency rule adopted by the Indiana real estate
commission under IC 25-34.1-2-5(15).
(34) A rule adopted by the department of financial institutions
under IC 24-4.4-1-101 and determined necessary to meet an
emergency.
(35) An emergency rule adopted by the state board of pharmacy
regarding returning unused medication under IC 25-26-23.
(36) An emergency rule adopted by the department of local
government finance under IC 6-1.1-12.6 or IC 6-1.1-12.8.
(37) An emergency rule adopted by the office of the secretary of
family and social services or the office of Medicaid policy and
planning concerning the following:
(A) Federal Medicaid waiver program provisions.
(B) Federal programs administered by the office of the
secretary.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2) IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the format of the rule and other documents to be submitted
under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the publisher for filing. The agency
shall submit the rule in the form required by section 20 of this chapter
and with the documents required by section 21 of this chapter. The
publisher shall determine the format of the rule and other documents
to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the publisher shall:
(1) accept the rule for filing; and
(2) electronically record the date and time that the rule is
accepted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h), IC 14-10-2-5, IC 14-22-2-6, IC 22-8-1.1-16.1, and IC 22-13-2-8(c), and except as provided in subsections (j), (k), and (l), a rule adopted under this section expires not later than ninety (90) days after the rule is accepted for filing under subsection (e). Except for a rule adopted under subsection (a)(13), (a)(24), (a)(25), or (a)(27), the rule may be extended by adopting another rule under this section, but only for one (1) extension period. The extension period for a rule adopted under subsection (a)(28) may not exceed the period for which the original rule was in effect. A rule adopted under subsection (a)(13) may be extended for two (2) extension periods. Subject to subsection (j), a rule adopted under subsection (a)(24), (a)(25), or (a)(27) may be extended for an unlimited number of extension periods. Except for a rule adopted under subsection (a)(13), for a rule adopted under this section to be effective after one (1) extension period, the rule must be adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(8), (a)(12), (a)(19), (a)(20), (a)(21), (a)(29), or (a)(37) expires on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule adopted under sections 24 through 36 of this chapter or this section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
(j) A rule described in subsection (a)(24) or (a)(25) expires not later than January 1, 2006.
(k) A rule described in subsection (a)(28) expires on the expiration date stated by the board of the Indiana economic development corporation in the rule.
(l) A rule described in subsection (a)(30) expires on the expiration date stated by the Indiana finance authority in the rule.
(m) A rule described in subsection (a)(5) or (a)(6) expires on the date the department is next required to issue a rule under the statute authorizing or requiring the rule.
IC 12-8-2.5, IC 12-8-6.5, and IC 12-8-8.5 after June 30, 1999, and
before December 1, 1999, are legalized and validated to the extent that
those actions would have been legal and valid if P.L.7-2000 had been
enacted before July 1, 1999.
(1)
(2) IC 12-12-1.
(3) IC 12-12-6.
(1) Except as provided in subdivisions (2) through (4), the office of Medicaid policy and planning established by
(2) For purposes of IC 12-10-13, the meaning set forth in IC 12-10-13-4.
(3) For purposes of IC 12-15-13, the meaning set forth in IC 12-15-13-0.4.
(4) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-4.
for and engage in gainful employment to the extent of their capabilities,
as provided in 29 U.S.C. 720.
(b) This section applies to the following statutes:
(1) IC 12-8-1-11. IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-3.
(4) IC 12-12-6.
(b) "Secretary", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
Chapter 1.5. Office of Secretary of Family and Social Services
Sec. 0.3. (a) Actions taken under IC 12-8-1 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-1 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-1 had not expired on June 30, 2011.
Sec. 1. (a) The office of the secretary of family and social services is established.
(b) The office of the secretary includes the following:
(1) The secretary.
(2) Each office.
Sec. 2. The governor shall appoint the secretary of family and social services to coordinate family and social service programs among the divisions.
Sec. 3. (a) The secretary has administrative responsibility for the office of the secretary.
(b) Subject to this article, the secretary may organize an office to perform the duties of the office.
Sec. 4. (a) The secretary, with the approval of the budget
agency, may hire personnel necessary to perform the duties of each
office.
(b) All employees of the office of the secretary other than
employees holding confidential or policy making positions are
covered by IC 4-15-2.
Sec. 5. (a) The secretary, through the offices, is responsible for
coordinating the provision of technical assistance to each division
for the following:
(1) Compiling program budgets for each division.
(2) Fiscal performance of each division.
(3) Management and administrative performance of each
division.
(4) Program performance of each division.
(b) The secretary, through the offices, is accountable for the
following:
(1) Resolution of administrative, jurisdictional, or policy
conflicts among the divisions.
(2) The coordination of the activities of each division with
other entities, including the general assembly and other state
agencies.
(3) Coordination of communication with the federal
government and the governments of other states.
(4) Development and ongoing monitoring of a centralized
management information system and a centralized training
system for orientation and cross-training.
(5) The overall policy development and management of the
state Medicaid plan under IC 12-15.
(6) Liaison activities with other governmental entities and
private sector agencies.
Sec. 6. (a) The secretary and the commissioner of the state
department of health shall cooperate to coordinate family and
social services programs with related programs administered by
the state department of health.
(b) The secretary, in cooperation with the commissioner of the
state department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the state department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the
division of family resources and the maternal and child health
programs of the state department of health.
(4) Coordinating activities concerning long term care between
the division of disability and rehabilitative services and the
state department of health.
(5) Developing and implementing a statewide family, health,
and social services plan that includes a set of goals and
priorities.
Sec. 7. The secretary, through the offices, may do the following:
(1) Employ experts and consultants to carry out the duties of
the secretary and the offices.
(2) Utilize, with the consent of the other state agencies, the
services and facilities of other state agencies without
reimbursement.
(3) Accept in the name of the state, for use in carrying out the
purposes of this article, any money or other property received
as a gift, by bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available according to policies
enforced by the budget agency.
(6) Establish and implement the policies and procedures
necessary to implement this article.
(7) Advise the governor concerning rules adopted by a
division.
(8) Create advisory bodies to advise the secretary about any
matter relating to the implementation of this article.
(9) Perform other acts necessary to implement this article.
Sec. 8. (a) The secretary shall cooperate with the federal Social
Security Administration and with any other agency of the federal
government in any reasonable manner that may be necessary to
qualify for federal aid for assistance to persons who are entitled to
assistance under the provisions of the federal Social Security Act.
(b) The secretary shall do the following:
(1) Make reports in the form and containing the information
required by the federal Social Security Administration Board
or any other agency of the federal government.
(2) Comply with the requirements that the federal Social
Security Administration Board or other agency of the federal
government finds necessary to assure the correctness and
verification of reports.
(c) The secretary shall act as the agent to the federal
government in the following:
(1) Welfare matters of mutual concern.
(2) The administration of federal money granted to Indiana to
aid the welfare functions of the state.
Sec. 9. (a) Consistent with the powers and duties of the secretary
under this article, the secretary may adopt rules under IC 4-22-2
relating to the exercise of those powers and duties.
(b) The secretary may adopt emergency rules under
IC 4-22-2-37.1(a)(37) for the following:
(1) Federal Medicaid waiver program provisions.
(2) Federal programs administered by the office of the
secretary.
Sec. 10. The office of the secretary is designated as the sole state
agency responsible for administering programs concerning the
vocational rehabilitation of individuals with a disability under 29
U.S.C. 701 et seq.
Sec. 11. (a) If:
(1) the sums appropriated by the general assembly in the
biennial budget to the family and social services
administration for the Medicaid assistance, Medicaid
administration, public assistance (TANF), and the IMPACT
(JOBS) work program are insufficient to enable the office of
the secretary to meet its obligations; and
(2) the failure to appropriate additional funds would:
(A) violate a provision of federal law; or
(B) jeopardize the state's share of federal financial
participation applicable to the state appropriations
contained in the biennial budget for Medicaid assistance,
Medicaid administration, public assistance (TANF), or the
IMPACT (JOBS) program;
then there are appropriated further sums as may be necessary to
remedy a situation described in this subsection, subject to the
approval of the budget director and the unanimous
recommendation of the members of the budget committee.
However, before approving a further appropriation under this
subsection, the budget director shall explain to the budget
committee the factors indicating that a condition described in
subdivision (2) would be met.
(b) If:
(1) the sums appropriated by the general assembly in the
biennial budget to the family and social services
administration for Medicaid assistance, Medicaid
administration, public assistance (TANF), and the IMPACT
(JOBS) work program are insufficient to enable the family
and social services administration to meet its obligations; and
(2) neither of the conditions in subsection (a)(2) would result
from a failure to appropriate additional funds;
then there are appropriated further sums as may be necessary to
remedy a situation described in this subsection, subject to the
approval of the budget director and the unanimous
recommendation of the members of the budget committee.
However, before approving a further appropriation under this
subsection, the budget director shall explain to the budget
committee the factors indicating that a condition described in
subdivision (2) would be met.
(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinical
advisory panel established under IC 12-15), and except as provided
in subsection (d), the office of the secretary may by rule adjust
programs, eligibility standards, and benefit levels to limit
expenditures from Medicaid assistance, Medicaid administration,
public assistance (TANF), and the IMPACT (JOBS) work
program. The office of the secretary may adopt emergency rules
under IC 4-22-2-37.1 to make an adjustment authorized by this
subsection. However, adjustments under this subsection may not:
(1) violate a provision of federal law; or
(2) jeopardize the state's share of federal financial
participation applicable to the state appropriations contained
in the biennial budget for Medicaid assistance, Medicaid
administration, public assistance (TANF), and the IMPACT
(JOBS) work program.
(d) Subject to IC 12-15-21-3, any adjustments made under
subsection (c) must:
(1) allow for a licensed provider under IC 12-15 to deliver
services within the scope of the provider's license if the benefit
is covered under IC 12-15; and
(2) provide access to services under IC 12-15 from a provider
under IC 12-15-12.
Sec. 12. (a) Subject to the appropriation limits established by the
state's biennial budget for the office of the secretary and its
divisions, and after assistance, including assistance under TANF
(IC 12-14), medical assistance (IC 12-15), and food stamps (7
U.S.C. 2016(i)), is distributed to persons eligible to receive
assistance, the secretary may adopt rules under IC 4-22-2 to offer
programs on a pilot or statewide basis to encourage recipients of
assistance under IC 12-14 to become self-sufficient and discontinue
dependence on public assistance programs. Programs offered
under this subsection may do the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will
enable recipients to work by providing child care for other
recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service
opportunities for recipients.
(5) Provide plans to implement the personal responsibility
agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance
requirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities under
IC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal income
poverty level (as defined in IC 12-15-2-1) before assistance
under this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient paying
fifty percent (50%) of the local market rate as established
under 45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if the
recipient's employer does not offer the recipient health care
coverage.
(b) If the secretary offers a program described in subsection (a),
the secretary shall annually report the results and other relevant
data regarding the program to the legislative council in an
electronic format under IC 5-14-6.
Sec. 13. The office of the secretary shall implement methods to
facilitate the payment of providers under IC 12-15.
Sec. 14. The office of the secretary shall improve its system
through the use of technology and training of staff to do the
following:
(1) Simplify, streamline, and destigmatize the eligibility and
enrollment processes in all health programs serving children.
(2) Ensure an efficient provider payment system.
(3) Improve service to families.
(4) Improve data quality for program assessment and
evaluation.
Sec. 15. (a) The office of the secretary shall:
(1) cooperate with; and
(2) assist;
a nonprofit organization with the purpose to implement and
administer a program to provide health care to uninsured Indiana
residents.
(b) The office of the secretary shall assist a nonprofit
organization that has the purpose described in subsection (a) with
the following:
(1) Determining eligibility of potential participants who have
an income of not more than one hundred percent (100%) of
the federal poverty level for a program described in this
section.
(2) Issuing a plan card that is valid for one (1) year to an
individual if:
(A) the office of the secretary has determined the
individual is eligible for the program; and
(B) the individual has paid the office of the secretary a
registration fee determined by the office.
(3) Operating a toll free telephone number that provides
provider referral services for participants in the program.
(4) Implementing the program described in this section to
combine the resources of the office of the secretary and the
nonprofit organization in a manner that would not result in
the additional expenditure of state funds.
Chapter 2.5. Family and Social Services Bodies
Sec. 0.3. (a) Actions taken under IC 12-8-2 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-2 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-2 had not expired on June 30, 2011.
Sec. 1. As used in this chapter, "body" refers to an entity described in section 3 of this chapter.
Sec. 2. As used in this chapter, "member" refers to a member of a body.
Sec. 3. Unless otherwise provided by a statute, this chapter applies to the following:
(1) The following advisory councils:
(A) The division of disability and rehabilitative services advisory council.
(B) The division of family resources advisory council.
(C) The division of mental health and addiction advisory council.
(2) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable to the body.
Sec. 3.5. Up to five (5) individuals appointed by the secretary to serve on an entity not described in section 3(1) of this chapter may be appointed to serve concurrently on an advisory council described in section 3(1) of this chapter. However, an individual may not serve concurrently on more than one (1) advisory council described in section 3(1) of this chapter.
Sec. 4. (a) This section applies only to a member who by statute is appointed to a fixed term.
(b) The term of an individual serving as a member begins on the latter of the following:
(1) The day the term of the member whom the individual is appointed to succeed expires. If the individual does not succeed a member, the member's term begins as provided in subdivision (2).
(2) The day the individual is appointed.
(c) The term of a member expires on July 1 of the second year after the expiration of the term of the member's immediate predecessor. If the member has no immediate predecessor, the term of the member expires on July 1 of the second year after the member's term began.
(d) A member may be reappointed for a new term. A reappointed member is the member's own:
(1) successor for purposes of subsection (b); and
(2) immediate predecessor for purposes of subsection (c).
Sec. 5. (a) This section applies only to an individual who serves as a member because of an office the individual holds.
(b) The individual serves as a member until the individual no longer holds the office.
Sec. 6. The appointing authority of a member shall appoint an individual to fill a vacancy in the office of the member.
Sec. 7. Except as provided in another statute, the governor shall appoint a voting member of the body to be the presiding officer of the body.
Sec. 8. Unless otherwise provided by a statute, a member is a voting member.
Sec. 9. A majority of the voting members of the body constitutes
a quorum.
Sec. 10. The affirmative vote of a majority of the voting
members of the body is required for the body to take any action.
Sec. 11. (a) A member who is not a state employee is entitled to
both of the following:
(1) The minimum salary per diem provided by
IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(b) A member who is a state employee is entitled to
reimbursement for travel expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) A member who is a member of the general assembly is
entitled to receive the same per diem, mileage, and travel
allowances paid to members of the general assembly serving on
interim study committees established by the legislative council.
Sec. 11.5. In addition to the requirements of IC 5-14-1.5, the
office of the secretary or a division will make a good faith effort to
ensure that members of any body subject to this chapter receive a
copy of an agenda at least forty-eight (48) hours before any
meeting of the body.
Chapter 6.5. Office of Medicaid Policy and Planning
Sec. 0.3. (a) Actions taken under IC 12-8-6 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-6 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-6 had not expired on June 30, 2011.
Sec. 1. The office of Medicaid policy and planning is established.
Sec. 2. The secretary shall appoint an administrator responsible for management of the office.
Sec. 3. The office is designated as the single state agency for
administration of the state Medicaid program under IC 12-15.
Sec. 4. The office shall develop and coordinate Medicaid policy
for the state.
Sec. 5. The secretary may adopt rules under IC 4-22-2 to
implement this chapter and the state Medicaid program.
Sec. 6. (a) For purposes of IC 4-21.5, the secretary is the
ultimate authority for the state Medicaid program.
(b) The secretary shall adopt rules under IC 4-22-2 to specify
any additional necessary procedures for administrative review of
an agency action under IC 4-21.5 and the state Medicaid program.
Sec. 7. The office and the division of mental health and addiction
shall develop a written memorandum of understanding that
provides the following:
(1) Program responsibilities for the provision of care and
treatment for individuals with a mental illness.
(2) Responsibilities to educate and inform vendors of the
proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality
accountability and audits for mental health services.
(5) That the division shall recommend options and services to
be reimbursed under the state plan.
(6) That the office and the division agree that, within the
limits of 42 U.S.C. 1396 et seq., individuals with a mental
illness cannot be excluded from services on the basis of
diagnosis unless these services are otherwise provided and
reimbursed under the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may
affect the service, programs, or providers of medical
assistance services for individuals with a mental illness.
(8) That the division shall develop rate setting policies for
medical assistance services for individuals with a mental
illness.
(9) Policies to facilitate communication between the office and
the division.
(10) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient
or effective delivery of mental health services.
Sec. 8. The office and the division of disability and rehabilitative
services shall develop a written memorandum of understanding
that provides the following:
(1) Program responsibilities for the provision of care and treatment for individuals with a developmental disability and long term care recipients.
(2) Responsibilities to educate and inform vendors of the proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability and audits for developmental disability and long term care services.
(5) That the division shall recommend options and services to be reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., individuals with a developmental disability and long term care recipients cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.
(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for individuals with a developmental disability and long term care recipients.
(8) That the division shall develop rate setting policies for medical assistance services for individuals with a developmental disability and long term care recipients.
(9) That the office, with the assistance of the division, shall apply for waivers from the United States Department of Health and Human Services to fund community and home based long term care services as alternatives to institutionalization.
(10) Policies to facilitate communication between the office and the division.
(11) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of developmental disability or long term care services.
Sec. 9. The office, the division of family resources, and the department of child services shall develop a written memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and treatment for recipients served by the division.
(2) Responsibilities to educate and inform vendors of the
proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality
accountability and audits for services administered by the
division.
(5) That the division shall recommend options and services to
be reimbursed under the Medicaid state plan.
(6) That the office and the division agree that, within the
limits of 42 U.S.C. 1396 et seq., recipients served by the
division cannot be excluded from services on the basis of
diagnosis unless these services are otherwise provided and
reimbursed under the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may
affect the service, programs, or providers of medical
assistance services for recipients served by the division.
(8) That the division shall develop rate setting policies for
medical assistance services administered by the division.
(9) Policies to facilitate communication between the office and
the division.
(10) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient
or effective delivery of services.
Sec. 10. (a) The office shall reduce reimbursement rates for
over-the-counter drugs by ten percent (10%) not later than July 1,
2001.
(b) The office shall implement a Maximum Allowable Cost
schedule for off-patent drugs not later than November 1, 2001.
(c) Not later than January 1, 2002, the office shall implement an
information strategy directed to high volume prescribers.
(d) Beginning July 1, 2002, the office shall phase in case
management for aged, blind, and disabled Medicaid recipients.
Sec. 11. The office shall adopt emergency rules under
IC 4-22-2-37.1 to achieve the reductions needed to avoid
expenditures exceeding the Medicaid appropriation made by
P.L.224-2003 in the line item appropriation to the FAMILY AND
SOCIAL SERVICES ADMINISTRATION, MEDICAID -
CURRENT OBLIGATIONS. To the extent that reductions are
made to optional Medicaid services as set forth in 42 U.S.C. 1396
et seq., the reductions may be accomplished on a pro rata basis
with each optional service being reduced by a proportionate
amount. However, the reductions may not be made in a manner
that results in the elimination of any optional Medicaid service.
Chapter 8.5. Divisions and Directors
Sec. 0.3. (a) Actions taken under IC 12-8-8 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-8 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-8 had not expired on June 30, 2011.
Sec. 1. Subject to the approval of the governor, the secretary:
(1) shall appoint each director; and
(2) may terminate the employment of a director.
Sec. 2. (a) A director is the chief administrator of the director's division.
(b) A director is responsible to the secretary for the operation and performance of the director's division.
Sec. 3. A director is the appointing authority for the director's division.
Sec. 4. (a) A director may adopt rules under IC 4-22-2 relating to the operation of the director's division and to implement the programs of the director's division.
(b) Whenever a division is required to adopt rules under IC 4-22-2, the director of the division is the statutory authority that adopts the rules.
Sec. 5. (a) A director is the ultimate authority under IC 4-21.5 for purposes of the operation of the director's division and the programs of the director's division.
(b) The director shall consult with the secretary on issues of family, social services, or health policy arising in a proceeding under IC 4-21.5.
Sec. 6. A director is responsible for development and presentation of the budget of the director's division.
IC 12-8-8.5-1.
(1) Establish vocational rehabilitation centers separately or in conjunction with community rehabilitation centers.
(2) Contract with governmental units and other public or private organizations to provide any of the vocational rehabilitation services permitted or required by this article,
(3) Provide or contract for the provision of other services that are consistent with the purposes of this article,
(b) When entering into contracts for job development, placement, or retention services, the bureau shall contract with governmental units and other public or private organizations or individuals that are
accredited by one (1) of the following organizations:
(1) The Commission on Accreditation of Rehabilitation Facilities
(CARF), or its successor.
(2) The Council on Quality and Leadership in Supports for People
with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Commission on Quality Assurance, or its
successor.
(5) An independent national accreditation organization approved
by the secretary.
(c) To the extent that the accreditation requirements of an
accrediting organization listed in subsection (b) do not cover a specific
requirement determined by the bureau to be necessary for a contracted
service under subsection (a), the bureau shall include these specific
requirements as part of the bureau's contract for job development,
placement, or retention services.
(1) At least twenty percent (20%) of the members must be individuals who:
(A) are parents, including minority parents, of infants or toddlers with disabilities or of children who are less than thirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs for infants and toddlers with disabilities.
At least one (1) of the members described in this subdivision must be a parent of an infant or toddler with a disability or of a child less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must be public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general assembly.
(4) Each of the state agencies involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families must be represented by at least one (1) member. The members described in this subdivision must have sufficient authority to engage in policy planning and implementation on behalf of the state agency the member
represents.
(5) At least one (1) member must be involved in personnel
preparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible for
preschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planning and
implementation on behalf of the agency.
(7) At least one (1) member must represent the department of
insurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency or program
that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program under
42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agency
responsible for child care.
(10) At least one (1) member must represent the office of
Medicaid policy and planing established by IC 12-8-6-1.
IC 12-8-6.5-1.
(11) At least one (1) member must be a representative designated
by the office of coordinator for education of homeless children
and youths.
(12) At least one (1) member must be a state foster care
representative from the department of child services established
by IC 31-33-1.5-2. IC 31-25-1-1.
(13) At least one (1) member must represent the division of
mental health and addiction established by IC 12-21-1-1.
(b) To the extent possible, the governor shall ensure that the
membership of the council reasonably represents the population of
Indiana.
(1) Develop an individual self-sufficiency plan with other family members and a caseworker.
(2) Accept any reasonable employment as soon as it becomes available.
(3) Agree to a loss of assistance, including TANF assistance under this article, if convicted of a felony under IC 35-43-5-7 or IC 35-43-5-7.1 for ten (10) years after the conviction.
(4) Subject to section 5.3 of this chapter, understand that additional TANF assistance under this article will not be available for a child born more than ten (10) months after the person qualifies for assistance.
(5) Accept responsibility for ensuring that each child of the person receives all appropriate vaccinations against disease at an appropriate age.
(6) If the person is less than eighteen (18) years of age and is a parent, live with the person's parents, legal guardian, or an adult relative other than a parent or legal guardian in order to receive public assistance.
(7) Subject to
(8) Be available for and actively seek and maintain employment.
(9) Participate in any training program required by the division.
(10) Accept responsibility for ensuring that the person and each child of the person attend school until the person and each child of the person graduate from high school or attain a high school equivalency certificate (as defined in IC 12-14-5-2).
(11) Raise the person's children in a safe, secure home.
(12) Agree not to abuse illegal drugs or other substances that would interfere with the person's ability to attain self-sufficiency.
(b) Except as provided in subsection (c), assistance under the TANF program shall be withheld or denied to a person who does not fulfill the requirements of the personal responsibility agreement under subsection (a).
(c) A person who is granted an exemption under section 23 of this chapter may be excused from specific provisions of the personal responsibility agreement as determined by the director.
(1) under sections 13 through 16 of this chapter;
(2) under section 6 of this chapter when the person becomes ineligible for medical assistance under IC 12-14-2-5.1 or IC 12-14-2-5.3; or
(3) as an individual with a disability if the person is less than eighteen (18) years of age and otherwise qualifies for assistance.
(b) Notwithstanding any other law, the following may not be construed to limit health care assistance to a person described in subsection (a):
(1)
(2) IC 12-14-1-1.
(3) IC 12-14-1-1.5.
(4) IC 12-14-2-5.1.
(5) IC 12-14-2-5.2.
(6) IC 12-14-2-5.3.
(7) IC 12-14-2-17.
(8) IC 12-14-2-18.
(9) IC 12-14-2-20.
(10) IC 12-14-2-21.
(11) IC 12-14-2-24.
(12) IC 12-14-2-25.
(13) IC 12-14-2-26.
(14) IC 12-14-2.5.
(15) IC 12-14-5.5.
(16) Section 21 of this chapter.
(1) Organize the division, create the appropriate personnel positions, and employ personnel necessary to discharge the statutory duties and powers of the division or a bureau of the division.
(2) Subject to the approval of the state personnel department, establish personnel qualifications for all deputy directors, assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the governor, establish the compensation of all deputy directors, assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are licensed under IC 12-25 for the diagnosis, treatment, and care of individuals with psychiatric disorders, addictions, or other abnormal mental conditions.
(B) Licensing or certifying community residential programs described in IC 12-22-2-3.5 for individuals with serious mental illness (SMI), serious emotional disturbance (SED), or chronic addiction (CA) with the exception of psychiatric residential treatment facilities.
(C) Certifying community mental health centers to operate in Indiana.
(D) Establish exclusive geographic primary service areas for community mental health centers. The rules must include the following:
(i) Criteria and procedures to justify the change to the boundaries of a community mental health center's primary service area.
(ii) Criteria and procedures to justify the change of an assignment of a community mental health center to a primary service area.
(iii) A provision specifying that the criteria and procedures determined in items (i) and (ii) must include an option for the county and the community mental health center to initiate a request for a change in primary service area or provider assignment.
(iv) A provision specifying the criteria and procedures determined in items (i) and (ii) may not limit an eligible consumer's right to choose or access the services of any provider who is certified by the division of mental health and addiction to provide public supported mental health services.
(6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.
(7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.
(8) Make the facilities of the Larue D. Carter Memorial Hospital available for the instruction of medical students, student nurses, interns, and resident physicians under the supervision of the faculty of the Indiana University School of Medicine for use by the school in connection with research and instruction in psychiatric disorders.
(9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or other providers.
(12) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6 for community mental health centers and other providers.