Bill Text: IN SB0331 | 2011 | Regular Session | Enrolled
Bill Title: FSSA matters.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0331 Detail]
Download: Indiana-2011-SB0331-Enrolled.html
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.
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AN ACT to amend the Indiana Code concerning human services.
(1) A safety order under IC 22-8-1.1.
(2) Any order that:
(A) imposes a sanction on a person or terminates a legal right, duty, privilege, immunity, or other legal interest of a person;
(B) is not described in section 4 or 5 of this chapter or IC 4-21.5-4; and
(C) by statute becomes effective without a proceeding under this chapter if there is no request for a review of the order within a specified period after the order is issued or served.
(3) A notice of program reimbursement or equivalent determination or other notice regarding a hospital's reimbursement issued by the office of Medicaid policy and planning or by a contractor of the office of Medicaid policy and planning regarding a hospital's year end cost settlement.
(4) A determination of audit findings or an equivalent determination by the office of Medicaid policy and planning or by a contractor of the office of Medicaid policy and planning arising
from a Medicaid postpayment or concurrent audit of a hospital's
Medicaid claims.
(5) A license revocation under:
(A) IC 24-4.4-2;
(B) IC 24-4.5-3;
(C) IC 28-1-29;
(D) IC 28-7-5;
(E) IC 28-8-4; or
(F) IC 28-8-5.
(6) An order issued by the:
(A) division of aging or the bureau of aging services; or
(B) division of disability and rehabilitative services or the
bureau of developmental disabilities services;
against providers regulated by the division of aging or the
bureau of developmental disabilities services and not licensed
by the state department of health under IC 16-27 or IC 16-28.
(b) When an agency issues an order described by subsection (a), the
agency shall give notice to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party in the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any other information required by law.
(d) An order described in subsection (a) is effective fifteen (15) days
after the order is served, unless a statute other than this article specifies
a different date or the agency specifies a later date in its order. This
subsection does not preclude an agency from issuing, under
IC 4-21.5-4, an emergency or other temporary order concerning the
subject of an order described in subsection (a).
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
(1) has applied for employment with a noncriminal justice organization or individual;
(2) has:
(A) applied for a license or is maintaining a license; and
(B) provided criminal history data as required by law to be provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with respect to the setting of bond, plea bargaining, sentencing, or probation;
(8) has volunteered services that involve contact with, care of, or supervision over a child who is being placed, matched, or monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the department of child services (established by IC 31-25-1-1) or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location;
(10) has volunteered services at a public school (as defined in IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12) that involve contact with, care of, or supervision over a student enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of
the division of family resources or a county office of the division
of family resources;
(12) is being sought by the parent locator service of the child
support bureau of the department of child services;
(13) is or was required to register as a sex or violent offender
under IC 11-8-8; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
(K) Attempt under IC 35-41-5-1 to commit an offense
listed in clauses (A) through (J).
(L) Conspiracy under IC 35-41-5-2 to commit an offense
listed in clauses (A) through (J).
(M) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was
entered are substantially similar to the elements of an
offense described under clauses (A) through (J).
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who knowingly or intentionally uses limited criminal history for any purpose not specified under this section commits a Class A misdemeanor.
(1) Employ experts and consultants to assist the division in carrying out the division's functions.
(2) Utilize, with their consent, the services and facilities of other state agencies without reimbursement.
(3) Accept in the name of the division, for use in carrying out the functions of the division, money or property received by gift, bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available to the division according to policies enforced by the budget agency.
(6) Adopt rules under IC 4-22-2 necessary to carry out the functions of the division.
(7) Establish and implement the policies and procedures necessary to carry out the functions of the division.
(8) Issue orders under IC 4-21.5-3-6.
(b) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient. The director may adopt rules under IC 4-22-2 necessary to implement this subsection.
(1) Employ experts and consultants to assist the division in carrying out the division's functions.
(2) Use, with their consent, the services and facilities of other state agencies without reimbursement.
(3) Accept in the name of the division, for use in carrying out the
functions of the division, money or property received by gift,
bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available to the division according to
policies enforced by the budget agency.
(6) Adopt rules under IC 4-22-2 necessary to carry out the
functions of the division.
(7) Establish and implement the policies and procedures
necessary to carry out the functions of the division.
(8) Issue orders under IC 4-21.5-3-6.
(8) (9) Perform any other acts necessary to carry out the functions
of the division.
(b) The director shall compile information and statistics from each
bureau concerning the ethnicity and gender of a program or service
recipient. The director may adopt rules under IC 4-22-2 necessary to
implement this subsection.
(1) Provide a comprehensive and coordinated service system for Indiana's aging population, giving high priority to those individuals in greatest need.
(2) Conduct studies and research into the needs and problems of the aging.
(3) Ensure participation by the aging in the planning and operation of all phases of the system.
(4) Provide a focal point for advocacy, coordination, monitoring, and evaluation of programs for the aging and the aged.
(5) Provide for the performance of any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).
(6) Function as the sole state agency to develop a comprehensive plan to meet the needs of the aged.
(7) Evaluate programs, services, and facilities for the aged and determine the extent to which those programs, services, and facilities meet the needs of the aged.
(8) Coordinate programs, services, and facilities furnished for the aged by state agencies and make recommendations regarding those programs, services, and facilities to the governor and the general assembly.
(9) Receive and disburse federal money made available for providing services to the aged or related purposes.
(10) Administer any state plan for the aging required by federal law.
(11) Provide consultation and assistance to communities and groups developing local services for the aged.
(12) Promote community education regarding the problems of the aged through institutes, publications, radio, television, and the press.
(13) Cooperate with agencies of the federal government in studies and conferences designed to examine the needs of the aged and prepare programs and facilities to meet those needs.
(14) Establish and maintain information and referral sources throughout Indiana when not provided by other agencies.
(15) Act, in accordance with regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.), as the agent for providing state money to the area agencies on aging designated in each planning and service region in Indiana.
(16) Initiate, evaluate, and provide assistance for improving programs in cooperation with all other state agencies having concerns or responsibility for the aged.
(17) Conduct an annual conference on the problems of the aging and the aged.
(18) Designate area agencies on aging in each planning and service region in Indiana.
(19) Examine the needs of the aged and prepare programs and facilities to meet those needs.
(20) Issue orders under IC 4-21.5-3-6 when necessary in accordance with section 7 of this chapter.
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.
(c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the violation.
(2) Imposition of a fine not to exceed ten thousand dollars ($10,000).
(3) Suspension of new clients by the provider for a period not to exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a probationary license.
(5) A requirement that the provider comply with any plan of correction approved or directed by the division.
(d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the provider's control.
(2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.
(1) A statewide toll free telephone line continuously open to receive reports of suspected neglect, battery, or exploitation.
(2) Standards of practice established with the concurrence of the prosecuting attorneys council of Indiana (IC 33-39-8-2) and governing the services provided by the adult protective services unit.
(b) The task force shall
including the needs of the individual's families.
(4) Recommend the development of training materials by the
division for persons who care for or provide services to
individuals with Alzheimer's disease or related senile dementia.
develop a state plan concerning the provision of services in the area
of Alzheimer's disease or related senile dementia.
(b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for individuals with a developmental disability and their families, within the limits of available resources. The planning and delivery of services must be based on future plans of the individual with a developmental disability rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the individual with a developmental disability and that individual's family.
(c) Services for individuals with a developmental disability must be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of individuals with a developmental disability.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel.
(5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate.
(6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based services and supports. Beginning July 1, 2011, the bureau shall ensure that an entity approved to provide
(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 Committee for Quality Assurance, or its
successor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization approved
by the secretary.
(e) The bureau shall approve and monitor community based
residential, habilitation, and vocational service providers that provide
alternatives to placement of individuals with a developmental disability
in state institutions and health facilities licensed under IC 16-28 for
individuals with a developmental disability. The services must
simulate, to the extent feasible, patterns and conditions of everyday life
that are as close as possible to normal. The community based service
categories include the following:
(1) Supervised group living programs, which serve at least four
(4) individuals and not more than eight (8) individuals, are funded
by Medicaid, and are licensed by the community residential
facilities council.
(2) Supported living service arrangements to meet the unique
needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not serve
more than four (4) unrelated individuals in any one (1) setting.
However, the head of the bureau shall waive this limitation for a
setting providing residential services to more than four (4)
unrelated individuals in any one (1) setting if the setting was in
existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are
available and meet the individual's needs, an individual is entitled to
receive services in the least restrictive environment possible.
(g) Community based services under subsection (e)(1) or (e)(2)
must consider the needs of and provide choices and options for:
(1) individuals with a developmental disability; and
(2) families of individuals with a developmental disability.
(h) The bureau shall administer a system of service coordination to
carry out this chapter.
(i) The bureau may issue orders under IC 4-21.5-3-6 against a
provider that violates rules issued by the bureau for programs in
which the provider is providing services in accordance with section
11 of this chapter.
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.
(c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the violation.
(2) Imposition of a fine not to exceed ten thousand dollars ($10,000).
(3) Suspension of new clients by the provider for a period not to exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a probationary license.
(5) A requirement that the provider comply with any plan of correction approved or directed by the division.
(d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the provider's control.
(2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.
state agency.
(b) The council consists of at least twenty (20) eleven (11) members
appointed by the governor, including the following:
(1) At least one (1) director of a center for independent living
located in Indiana chosen by the directors of the centers for
independent living located in Indiana.
(2) Nonvoting members from state agencies that provide services
for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services for
individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from
diverse backgrounds;
(3) be knowledgeable about centers for independent living and
independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for
independent living.
(b)
than one hundred percent (100%) of the federal income poverty level.
(c) A recipient family shall receive a cash assistance benefit
under the TANF program of at least ten dollars ($10) if:
(1) the family's income is greater than the amount of need
recognized under section 5 of this chapter;
(2) the family's gross income is less than one hundred percent
(100%) of the federal income poverty level; and
(3) a parent or essential person receiving assistance has
employment earnings.
(1) The family consists of:
(A) a pregnant woman;
(B) a child who is less than eighteen (18) years of age; or
(C) a child who is at least eighteen (18) years of age but less than twenty-four (24) years of age who is attending secondary or post secondary school at least half-time.
(2) The child described in subdivision (1)(B) or (1)(C) resides with a custodial parent or other adult caretaker relative, which may include a child that may be temporarily living away from the custodial parent or other adult caretaker relative while attending school.
(3) The gross family income is less than
(b) An individual's assignment under subsection (a):
(1) is effective only for services that are reimbursed by Medicaid; and
(2) does not apply to Medicare payments.
JULY 1, 2011]: Sec. 6. (a) Except as provided by IC 12-15-35-50, a
notice or bulletin that is issued by:
(1) the office;
(2) a contractor of the office; or
(3) a managed care plan under the office;
concerning a change to the Medicaid program, including a change to
prior authorization, claims processing, payment rates, and medical
policies, that does not require use of the rulemaking process under
IC 4-22-2 may not become effective until forty-five (45) thirty (30)
days after the date the notice or bulletin is communicated to the parties
affected by the notice or bulletin.
(b) The office must provide a written notice or bulletin described in
subsection (a) within five (5) business days after the date on the notice
or bulletin.
(c) If the office, a contractor of the office, or a managed care
plan under the office does not comply with the requirements in
subsections (a) and (b):
(1) the notice or bulletin is void;
(2) a claim may not be denied because the claim does not
comply with the void notice or bulletin; and
(3) the office, a contractor of the office, or a managed care
plan under the office may not reissue the bulletin or notice for
thirty (30) days unless the change is required by the federal
government to be implemented earlier.
(1) the numerator is the provider's total number of Medicaid inpatient days in the most recent year for which an audited cost report is on file with the office; and
(2) the denominator is the total number of the provider's inpatient days in the most recent year for which an audited cost report is on file with the office.
(b) For purposes of this section, "Medicaid inpatient days" includes all acute care days attributable to individuals eligible for Medicaid benefits under a state plan approved under 42 U.S.C. 1396a on the days of service:
(1) whether attributable to individuals eligible for Medicaid in Indiana or any other state;
(2) even if the office did not make payment for any services, including inpatient days that are determined to be medically
necessary but for which payment is denied by the office for other
reasons; and
(3) including days attributable to Medicaid beneficiaries receiving
services through a managed care organization or health
maintenance organization.
However, a day is not a Medicaid inpatient day for purposes of this
section if the patient was entitled to both Medicare Part A (as defined
in 42 U.S.C. 1395c) and Medicaid on that day.
(1) believes or has reason to believe that an endangered adult is the victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); and
(2) knowingly fails to report the facts supporting that belief to the division of disability and rehabilitative services, the division of aging, the adult protective services unit designated under IC 12-10-3, or a law enforcement agency having jurisdiction over battery, neglect, or exploitation of an endangered adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protective services unit who unlawfully discloses information contained in the records of the division of aging under IC 12-10-3-12 through
(c) A law enforcement agency that receives a report that an endangered adult is or may be a victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E) shall immediately communicate the report to the adult protective services unit designated under IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares a negative work performance evaluation, reduces benefits, pay, or work privileges, or takes other action to retaliate against an individual who in good faith makes a report under IC 12-10-3-9 concerning an endangered individual commits a Class A infraction.
; (11)SE0331.1.20. --> SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 12-8-1-10; IC 12-8-2-12; IC 12-8-6-10; IC 12-8-8-8; IC 12-10-3-16; IC 12-10-4; IC 12-15-14.5.
this subsection include the following:
(1) 460 IAC 1.
(2) 460 IAC 1.2.
(3) 460 IAC 8.
(b) The office of the secretary of family and social services shall
assist the publisher of the Indiana Administrative Code in
identifying any other rules concerning aging that are to be
transferred under subsection (a).
(c) This SECTION expires December 31, 2011.
(1) the office of Medicaid policy and planning;
(2) the United States;
(3) the state; or
(4) a subdivision of the state;
against a decedent regardless of whether letters testamentary or of administration are issued within five (5) months of the decedent's death.
(b) This SECTION expires December 31, 2011.
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