reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 8. Institute for Autism › 12-11-8-2. Autism Resource Center

Sec. 2. The Developmental Training Center at Indiana University in Bloomington shall operate an autism resource center to be known as the Indiana resource center for autism.
[Pre-1992 Revision Citation: 4-28-24-2.]
As added by P.L.2-1992, SEC.5. Amended by P.L.210-2015, SEC.23.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 8. Institute for Autism › 12-11-8-3. Duties; Statewide Needs Assessment; Report of Assessment Results

Sec. 3. (a) The Indiana resource center for autism in cooperation with the appropriate state agencies shall do the following:
(1) Provide informational services about autism.
(2) Provide an information system for services provided to individuals with autism and their families by federal, state, local, and private agencies.
(3) Develop a data base from information received by the division, the division of mental health and addiction, the department of education, and the Indiana department of health relative to the services provided to individuals with autism and their families.
(4) Offer training and technical assistance to providers of services and families of individuals with autism.
(5) Research methods for assessing, planning, implementing, and evaluating programs for individuals with autism and their families.
(6) Develop model curricula and resource materials for providers of services and families of individuals with autism.
(7) Conduct one (1) time every three (3) years a statewide needs assessment study designed to determine the following:
(A) The status of services provided to individuals with autism and their families.
(B) The need for additional or alternative services for individuals with autism and their families.
(b) The Indiana resource center for autism shall deliver to the general assembly in an electronic format under IC 5-14-6 the results of the needs assessment study required by subsection (a)(7) before December 1 of each year in which the study is conducted.
[Pre-1992 Revision Citation: 4-28-24-3.]
As added by P.L.2-1992, SEC.5. Amended by P.L.1-1993, SEC.128; P.L.215-2001, SEC.42; P.L.28-2004, SEC.94; P.L.99-2007, SEC.85; P.L.210-2015, SEC.24; P.L.56-2023, SEC.95.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-1. Applicability

Sec. 1. This chapter applies only to an individual who:
(1) has a developmental disability; and
(2) receives services under a waiver under the federal home and community based services program.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-2. "Ombudsman" Defined

Sec. 2. As used in this chapter, "ombudsman" refers to the statewide waiver ombudsman established by section 3 of this chapter. The term includes individuals approved to act in the capacity of ombudsmen by the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-4. Appointment of Acting Ombudsman

Sec. 4. The secretary or the secretary's designee shall appoint an acting ombudsman within thirty (30) days of a vacancy in the position of the ombudsman. The acting ombudsman has the powers and duties of the ombudsman.
As added by P.L.272-1999, SEC.35. Amended by P.L.35-2016, SEC.26.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-5. Consultation With Experts Regarding Duties

Sec. 5. The ombudsman may consult with experts in fulfilling the duties of the ombudsman.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-6. Investigation and Resolution of Complaints

Sec. 6. (a) The ombudsman shall receive, investigate, and attempt to resolve complaints and concerns that are made by or on behalf of an individual described in section 1 of this chapter.
(b) At the conclusion of an investigation of a complaint, the ombudsman shall report the ombudsman's findings to the complainant.
(c) If the ombudsman does not investigate a complaint, the ombudsman shall notify the complainant of the decision not to investigate and the reasons for the decision.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-7. Access to Records Required

Sec. 7. (a) An ombudsman must be provided access to the following:
(1) An individual described in section 1 of this chapter.
(2) An entity that provides waiver services to an individual described in section 1 of this chapter.
(3) Records of an individual described in section 1 of this chapter, including records held by an entity that provides services to the individual.
(4) If an individual described in section 1 of this chapter is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, the name, address, and telephone number of the individual's legal representative.
Except as provided in subsections (c) and (d), the ombudsman must obtain consent under subsection (b) before having access to the records described in subdivision (3).
(b) Consent to have access to an individual's records shall be given in one (1) of the following forms:
(1) In writing by the individual.
(2) Orally by the individual in the presence of a witness.
(3) In writing by the legal representative of the individual if:
(A) the individual is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law; and
(B) the legal representative has the authority to give consent.
(c) If consent to have access to an individual's records cannot be obtained under subsection (b), an ombudsman may inspect the records of the individual if the individual is incapable of giving consent, as determined by the attending physician or as otherwise determined under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to an individual's records by the individual's legal representative;
(2) reasonable cause to believe that the individual's legal representative is not acting in the best interests of the individual; and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the individual.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-8. Immunity of Provider of Waiver Services

Sec. 8. A provider of waiver services or an employee of a provider of waiver services is immune from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to the ombudsman under this chapter.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-9. Agency Providing Access to Relevant Records

Sec. 9. A state or local government agency or entity that has records that are relevant to a complaint or an investigation conducted by the ombudsman shall provide the ombudsman with access to the records.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-10. Ombudsman Providing Coordination and Confidentiality

Sec. 10. The ombudsman shall do the following:
(1) Promote effective coordination among the following:
(A) Programs that provide legal services for individuals with a developmental disability.
(B) The division.
(C) Providers of waiver services to individuals with developmental disabilities.
(D) Providers of other necessary or appropriate services.
(2) Ensure that the identity of an individual described in section 1 of this chapter will not be disclosed without:
(A) the individual's written consent; or
(B) a court order.
As added by P.L.272-1999, SEC.35. Amended by P.L.99-2007, SEC.86.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-11. Rules

Sec. 11. The secretary may adopt rules under IC 4-22-2 necessary to carry out this chapter.
As added by P.L.272-1999, SEC.35. Amended by P.L.35-2016, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-13. Annual Report on Operations of Program

Sec. 13. (a) The ombudsman shall prepare a report each year on the operations of the program.
(b) A copy of the report required under subsection (a) shall be provided to the following:
(1) The governor.
(2) The legislative council. The report must be in an electronic format under IC 5-14-6.
(3) The division.
(4) The interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.
As added by P.L.272-1999, SEC.35. Amended by P.L.28-2004, SEC.95; P.L.3-2009, SEC.5; P.L.53-2014, SEC.100.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-14. Duty to Report to Legislative Committee

Sec. 14. The ombudsman shall report:
(1) annually; or
(2) upon request;
to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6.
As added by P.L.272-1999, SEC.35. Amended by P.L.3-2009, SEC.6; P.L.53-2014, SEC.101.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-15. Receipt of Complaints

Sec. 15. The division shall:
(1) establish a statewide toll free telephone line continuously open to receive complaints regarding individuals described in section 1 of this chapter; and
(2) forward all complaints received from the toll free telephone line to the statewide waiver ombudsman.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 13. Statewide Waiver Ombudsman › 12-11-13-16. Offenses Regarding Ombudsman

Sec. 16. A person who:
(1) intentionally prevents the work of the ombudsman;
(2) knowingly offers compensation to the ombudsman in an effort to affect the outcome of an investigation or a potential investigation; or
(3) knowingly or intentionally retaliates against a resident, a client, an employee, or another person who files a complaint or provides information to the ombudsman;
commits a Class B misdemeanor.
As added by P.L.272-1999, SEC.35.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-1. "Able Account"

Sec. 1. As used in this chapter, "ABLE account" refers to an achieving a better life experience (ABLE) account established by an eligible individual that:
(1) is maintained under a qualified ABLE program; and
(2) meets the requirements of Section 529A of the Internal Revenue Code.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-2. "Authority"

Sec. 2. As used in this chapter, "authority" refers to the achieving a better life experience (ABLE) authority created by section 9 of this chapter.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-3. "Board"

Sec. 3. As used in this chapter, "board" refers to the ABLE board of the authority established by section 10 of this chapter.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-4. "Contracting State"

Sec. 4. As used in this chapter, "contracting state" means a state that has entered into a contract with Indiana to:
(1) provide residents of the contracting state access to Indiana's qualified ABLE program; or
(2) provide residents of Indiana access to the contracting state's qualified ABLE program.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-5. "Designated Beneficiary"

Sec. 5. As used in this chapter, "designated beneficiary" means the eligible individual who has established an ABLE account and is the owner of the account.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-6. "Eligible Individual"

Note: This version of section effective until 1-1-2026. See also following version of this section, effective 1-1-2026.
Sec. 6. As used in this chapter, "eligible individual" means an individual who during a taxable year:
(1) is entitled to benefits based on blindness or disability under Title II or Title XVI of the federal Social Security Act and the blindness or disability occurred before the individual became twenty-six (26) years of age; or
(2) has a disability certification that has been filed as set forth in Section 529A of the Internal Revenue Code.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-6-b. "Eligible Individual"

Note: This version of section effective 1-1-2026. See also preceding version of this section, effective until 1-1-2026.
Sec. 6. As used in this chapter, "eligible individual" means an individual who during a taxable year:
(1) is entitled to benefits based on blindness or disability under Title II or Title XVI of the federal Social Security Act and the blindness or disability occurred before the individual became forty-six (46) years of age; or
(2) has a disability certification that has been filed as set forth in Section 529A of the Internal Revenue Code.
As added by P.L.12-2016, SEC.8. Amended by P.L.236-2023, SEC.125.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-7. "Qualified Able Program"

Sec. 7. As used in this chapter, "qualified ABLE program" refers to the achieving a better life experience (ABLE) program established under this chapter under which a person may make contributions for a taxable year for the benefit of an eligible individual to an ABLE account to meet the qualified disability expenses of the designated beneficiary in compliance with Section 529A of the Internal Revenue Code.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-8. "Qualified Disability Expense"

Sec. 8. As used in this chapter, "qualified disability expense" means any expenses related to the eligible individual's blindness or disability that are incurred for the benefit of an eligible individual who is the designated beneficiary, including the following expenses:
(1) Education.
(2) Housing.
(3) Transportation.
(4) Employment training and support.
(5) Assistive technology and personal support services.
(6) Health.
(7) Prevention and wellness.
(8) Management and administration.
(9) Legal fees.
(10) Oversight and monitoring.
(11) Funeral and burial.
(12) Other expenses approved by the federal government for a qualified ABLE program.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-9. Creation of Able Authority; Body Corporate and Politic; Authority to Establish Qualified Able Program; Tax Exemption; Contracting; Public Agency

Sec. 9. (a) The achieving a better life experience (ABLE) authority is created. The authority is a body corporate and politic.
(b) The authority:
(1) is not an agency of the state; and
(2) is an instrumentality of the state performing essential governmental functions.
(c) The authority may establish a qualified ABLE program.
(d) Because the management and operation of a qualified ABLE program and all funds and ABLE accounts established under this chapter constitute the performance of an essential public function, the following are exempt from taxation by the state and by any political subdivision of the state:
(1) The authority's management and operations.
(2) The authority's property and assets.
(3) All property and assets held by or for the authority except individual ABLE accounts.
(4) The investment income and earnings (whether interest, gains, or dividends) on:
(A) the authority's property and assets; and
(B) all property and assets held by or for the authority;
including all funds and accounts established under this article except individual ABLE accounts.
(e) The authority may contract with public or private entities or persons for the provision of all or any portion of the services the board considers necessary for the management and operation of the authority, including the qualified ABLE program and all funds and accounts of the authority.
(f) The authority is a public agency for purposes of IC 5-14-1.5 and IC 5-14-3. However, the data, information, and records (including medical records) relating to designated beneficiaries of and individual contributors to an ABLE account, including any records that reveal personally identifiable information about such individuals, are confidential for purposes of IC 5-14-3-4(a), are excepted from IC 5-14-3, and may not be disclosed by the authority, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery. The board is a governing body for purposes of IC 5-14-1.5.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-10.5. Treasurer of State Administers, Manages, and Directs the Affairs of the Board

Sec. 10.5. The treasurer of state, as chairperson of the board, shall administer, manage, and direct the affairs of the board under the policies and direction of the board. In carrying out these duties, the chairperson may do the following:
(1) Approve all accounts for salaries and allowable expenses of the board, including:
(A) the employment of attorneys, consultants, employees, and agents that may be necessary to assist the chairperson in carrying out the duties; and
(B) the setting of compensation of persons described in clause (A).
(2) Approve all expenses incidental to the operation of the authority.
(3) Perform those duties and functions that are delegated to the chairperson by the board or that are necessary to carry out the duties of the chairperson under this chapter.
As added by P.L.217-2017, SEC.77.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-12. Authority Duties; Annual Report

Sec. 12. (a) The authority shall do the following:
(1) Provide the board and each member, officer, employee, consultant, counsel, and agent of the authority or the board a defense in a suit arising out of the performance of duties for or on behalf of the authority or the board, if the board determines that the duties were provided in good faith.
(2) Hold a person described in subdivision (1) or the board harmless from any liability, cost, or damage in connection with an action arising out of the performance of duties for or on behalf of the authority or the board, including the payment of any legal fees, except where the liability, cost, or damage is predicated on, or arises out of, bad faith of the person or the board, or is based on the person's or board's malfeasance in the performance of duties.
(b) The authority shall prepare an annual report for the qualified ABLE program and transmit the annual report to the governor and, in an electronic format under IC 5-14-6, to the general assembly. The authority shall make available upon request a copy of the annual report to qualified beneficiaries, account owners, and the public.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-13. Accepting of Gifts and Property by Authority

Sec. 13. (a) The authority may accept gifts, bequests, donations, and devises of personal and real property:
(1) as trustees for the maintenance, use, or benefit of the authority, the qualified ABLE program, or the endowment fund; or
(2) to be administered for other public or charitable purposes for the use or benefit of ABLE account owners or ABLE account beneficiaries.
(b) The authority may receive, accept, hold, administer, and use any property transferred to the authority by gift, bequest, donation, or devise in accordance with the terms, conditions, obligations, liabilities, and burdens imposed on the gift, bequest, donation, or devise if, in the judgment of the board, the action is in the best interest of the authority, the qualified ABLE program, the endowment fund, ABLE account owners, ABLE account contributors, or ABLE account beneficiaries, as applicable.
(c) The authority may, if not inconsistent with the terms and conditions of a gift of real property:
(1) sell, convey, or otherwise dispose of the real property; and
(2) invest, reinvest, or use the proceeds as, in the judgment of the board, is of the greatest benefit to the authority, the qualified ABLE program, the endowment fund, ABLE account beneficiaries, and ABLE account owners.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-14. Designated Person Maintaining Records of Authority Proceedings; Custodian

Sec. 14. A person designated by resolution of the authority:
(1) shall keep a record of the proceedings of the authority;
(2) shall be custodian of:
(A) all books, documents, and papers filed with the authority; and
(B) the minutes book or journal of the authority; and
(3) may copy all minutes and other records and documents of the authority and may certify that the copies are true copies. A person who deals with the authority may rely upon the certification.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-15. Surety Bond

Sec. 15. Before the adoption and implementation of a qualified ABLE program:
(1) the chairperson;
(2) the vice chairperson;
(3) the manager; and
(4) any officer elected by the authority or member of the authority authorized by resolution to handle funds or sign checks;
shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000). The surety bond shall be conditioned upon the faithful performance of the duties of the office of the principal and shall be executed by a surety company authorized to transact business in Indiana. The authority shall pay the cost of the bonds.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-16. Not a Conflict of Interest to Serve on Authority; Disclosure of Conflicts by Member

Sec. 16. Notwithstanding any other law, it is not a conflict of interest or violation of any other law for a person to serve as a member of the authority. However, a member shall disclose a conflict of interest relating to actions of the authority as required and in a manner provided by IC 35-44.1-1-4.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-17. Funds

Sec. 17. The following are established:
(1) The general operating fund.
(2) The endowment fund.
(3) The trust fund and, in the trust fund, the following:
(A) The administrative account.
(B) The program account.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-18. Investment Policies

Sec. 18. The authority shall establish and implement investment policies in accordance with IC 5-13 for the following:
(1) Money in the general operating fund.
(2) Money in the administrative account.
(3) Any other money of the authority other than money in:
(A) the endowment fund; and
(B) the program account.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-19. Investment Policies by Board

Sec. 19. The board shall establish and implement investment policies for money in:
(1) the endowment fund; and
(2) the program account;
for investment in the manner provided by IC 30-4-3-3.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-20. Preserving, Investing, and Expenditures of Trust Fund and Property; Trust

Sec. 20. The trust fund and other property of the authority must be preserved, invested, and expended only under this article and may not be used for any other purpose. The trust fund shall be held in trust for account owners and account beneficiaries.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-21. Management of Assets in Trust Fund

Sec. 21. Criteria for management of assets in the trust fund, including investment of assets, must provide for both asset protection and income growth while providing for the actuarial soundness of the trust fund.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-22. Expenses of Authority; Exhausting of Funds

Sec. 22. (a) General operating, administrative, and capital expenses of the authority may be paid from amounts appropriated for those purposes by the general assembly. Appropriations must be deposited in either the administrative account or the general operating fund, as the board determines to be appropriate.
(b) Money in the administrative account shall be used first to pay the general operating, administrative, and capital expenses of the authority. Before money in the program account may be used for these expenses, the authority must exhaust all other funds available to the authority, including money in the endowment fund and the administrative account.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-23. Audit; Transmission of Audit

Sec. 23. (a) The funds, accounts, management, and operations of the authority are subject to annual audit by an independent public accounting firm retained by the board.
(b) The authority shall promptly transmit copies of each annual audit to the governor and in an electronic format under IC 5-14-6 to the general assembly. Upon request, the authority shall make available copies of the audit to qualified beneficiaries, account owners, and the public.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 14. Achieving a Better Life Experience (Able) Program › 12-11-14-24. Taxation Exemption; Property of Account Owner; Funds in Able Account

Sec. 24. (a) All ABLE accounts and all earnings or interest on ABLE accounts are exempt from taxation in Indiana to the extent that those accounts, earnings, and interest are exempt from federal taxation under the Internal Revenue Code, subject to any penalties that are established for a qualified ABLE program under this chapter.
(b) Money deposited in an ABLE account by the account owner or a contributor and investment returns on an account are the property of the account owner.
(c) Funds held in an ABLE account that may be established under this chapter may not be used by an account owner or account beneficiary as security for a loan.
(d) Funds held in an ABLE account:
(1) are exempt from creditors and are not liable to attachment, levy, garnishment, or other process; and
(2) may not be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of any contributor or beneficiary.
However, the state of residency of the designated beneficiary of an ABLE account is a creditor of the account in the event of the death of the designated beneficiary.
(e) Funds held in an ABLE account may not be included in determining income eligibility of the designated beneficiary for state and local assistance programs.
As added by P.L.12-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-1. "Task Force"

Sec. 1. As used in this chapter, "task force" refers to the services for individuals with intellectual and other developmental disabilities task force established by section 2 of this chapter.
As added by P.L.262-2019, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-3. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force; Member Compensation and Reimbursement

Sec. 3. (a) A member of the task force who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) A member of the task force who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) A member of the task force who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.
As added by P.L.262-2019, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-4. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force; Meetings

Sec. 4. (a) As used in this section, "plan" refers to the comprehensive plan of community based services provided to people with intellectual and other developmental disabilities developed by IC 12-11-15-4 (before its expiration).
(b) The task force shall meet at least twice annually to receive an implementation report from the office of the secretary of family and social services regarding implementation of the plan, as follows:
(1) The task force shall meet not later than June 15 of each year. At this meeting, the office of the secretary of family and social services shall provide a report to the task force that:
(A) outlines each recommendation of the plan; and
(B) describes the progress made toward implementation of each recommendation of the plan.
(2) The task force shall meet not later than November 20 of each year. At this meeting, the office of the secretary of family and social services shall provide a report to the task force describing any legislative changes needed to implement any recommendation of the plan.
The chairperson of the task force may call additional meetings of the task force as needed.
As added by P.L.262-2019, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-4.5. Recommendations to Legislative Council; Statewide Training; Registry; Pilot Project

Sec. 4.5. (a) Not later than September 1, 2022, the task force shall make recommendations to the legislative council regarding the:
(1) establishment of a statewide training curriculum for individuals who provide services to individuals with an intellectual or other developmental disability;
(2) feasibility of establishing training certification;
(3) establishment of a statewide training registry; and
(4) feasibility of a pilot project to implement any recommendations made under this section.
The recommendations must be in an electronic format under IC 5-14-6.
(b) This section expires January 1, 2024.
As added by P.L.114-2022, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-4.6. Recommendations to Legislative Council; Health and Safety Requests; Pilot Program for Special Service Review Teams

Sec. 4.6. (a) Not later than September 1, 2022, the task force shall make recommendations to the legislative council regarding:
(1) current trends related to health and safety requests for the community integration habilitation Medicaid waiver or any other service; and
(2) the feasibility of the division establishing a pilot program to create special service review teams to assist families or individuals in a crisis situation to identify available resources and sources of assistance.
The recommendations must be in an electronic format under IC 5-14-6.
(b) This section expires January 1, 2024.
As added by P.L.114-2022, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 15.5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force › 12-11-15.5-5. Services for Individuals With Intellectual and Other Developmental Disabilities Task Force; Staffing

Sec. 5. The office of the secretary of family and social services shall staff the task force.
As added by P.L.262-2019, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-1. "Direct Support Professional"

Sec. 1. As used in this chapter, "direct support professional" means an individual who is:
(1) employed by an authorized service provider;
(2) paid on an hourly basis; and
(3) defined in 460 IAC 6-3-18 (as in effect on January 1, 2023) or 460 IAC 9-1-18 (as in effect on January 1, 2023).
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-2. Direct Support Professional Registry; Registry Requirements; Division's Duties Regarding Registry; Prohibited Practice; Rulemaking; Reporting to Registry; Immunity

Sec. 2. (a) The division shall establish and maintain a direct support professional registry to be made available to authorized division personnel and authorized service providers. The registry must:
(1) include a list of direct support professionals who have registered with the division in the manner required by the division; and
(2) contain any substantiated incidents for abuse, neglect, and exploitation that meet the criteria established according to subsection (d), as determined by the division for a direct support professional included on the registry.
(b) The division shall establish the following:
(1) An application to be used for an individual to register for the registry and renew the registration for the registry.
(2) An appeals process as provided in IC 4-21.5 concerning an incident involving a direct support professional in which the division has determined the incident meets the criteria established according to subsection (d).
(c) Beginning January 1, 2026, and thereafter, an individual may not provide direct support services as a direct support professional in Indiana unless the individual is registered by the division for the registry under this chapter.
(d) The division shall adopt rules under IC 4-22-2 necessary to implement the registry, including the establishment of definitions and levels for substantiated abuse, neglect, and exploitation, the highest of which is the minimum the division must report to the registry.
(e) The division shall report to the registry a substantiated incident that meets the criteria established according to subsection (d).
(f) An employee of the division who reports a substantiated incident that meets the criteria established according to subsection (d) to the registry in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed for reporting the information.
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-3. Training Curriculum; Procedures to Improve Incident Reporting; Training Curriculum Requirements

Sec. 3. (a) The division shall consult with stakeholders who do not have a conflict of interest to do the following:
(1) Establish standards of a competency based training curriculum for direct support professionals.
(2) Develop procedures to improve incident reporting concerning direct support professionals.
(b) The training curriculum established under this section must include a tiered approach to training that consists of the following:
(1) General education and training in providing direct support to individuals with intellectual disabilities or developmental disabilities with the issuance of a certificate upon successful completion of a standardized test.
(2) Specialized subcategories of additional direct support professional training to allow for advanced learning and enable career growth in the provision of direct support services.
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-4. Seeking Bids for Training Program

Sec. 4. (a) Before January 1, 2024, the division shall issue a request for proposals in compliance with IC 5-22-9 seeking bids to operate the training program with the established standards determined under section 3 of this chapter.
(b) The division shall make every effort to contract with a vendor from the request for proposals issued under subsection (a) not later than January 1, 2025.
(c) A vendor selected under subsection (b) must begin operating the training program before July 1, 2025.
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-5. Funds for Developing Registry

Sec. 5. (a) Subject to subsection (b), the division may use any federal dollars available for the implementation of this chapter.
(b) In developing the registry as required by section 2 of this chapter, the division shall first use any funds available from the federal American Rescue Plan Act of 2021 (P.L. 117-2). If no funds are available from the federal American Rescue Plan Act of 2021 (P.L. 117-2), the division shall use any other available funding, as necessary.
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 11. Services for Individuals With Disabilities › Chapter 16. Direct Support Professional Registry and Training › 12-11-16-6. Medicaid Waiver

Sec. 6. (a) Before August 31, 2024, the office of the secretary shall apply to the United States Department of Health and Human Services for any Medicaid waiver necessary to allow for Medicaid reimbursement for Medicaid waiver covered services provided to a Medicaid waiver recipient by a registered direct support professional when training described in section 3(b)(1) of this chapter:
(1) is being conducted, but has not been completed; and
(2) has been completed;
by the direct support professional.
(b) This section expires December 31, 2024.
As added by P.L.228-2023, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 1. Rehabilitation Services Bureau › 12-12-1-2. Organization of Bureau

Sec. 2. The director shall organize the bureau in the manner necessary to carry out the bureau's duties. However, the bureau must include the following:
(1) The unit of services for individuals who are blind and individuals who are visually impaired.
(2) The unit of vocational rehabilitation.
(3) The unit of services for individuals who are deaf and individuals who are hard of hearing.
[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-10-10 part; subdivision (2) formerly 4-28-10-10 part; subdivision (3) formerly 4-28-19-1.]
As added by P.L.2-1992, SEC.6. Amended by P.L.99-2007, SEC.87.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 1. Rehabilitation Services Bureau › 12-12-1-3. Mandatory Duties of Bureau

Sec. 3. The bureau shall do the following:
(1) Plan, establish, and operate programs, facilities, and services relating to vocational rehabilitation.
(2) Design all necessary state plans for rehabilitation services required for the receipt and disbursement of any money available to the state from the federal government.
(3) Direct the disbursement and administer the use of money from all sources for vocational rehabilitation programs.
[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-10-12(a); subdivision (2) formerly 4-28-10-12(c); subdivision (3) formerly 4-28-10-12(d).]
As added by P.L.2-1992, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 1. Rehabilitation Services Bureau › 12-12-1-4. Repealed

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-10-13; subdivision (2) formerly 4-28-10-14 part; subdivision (3) formerly 4-28-10-14 part.]
As added by P.L.2-1992, SEC.6. Amended by P.L.1-1993, SEC.129; P.L.2-1995, SEC.48; P.L.284-2001, SEC.1. Repealed by P.L.64-2002, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 12. Rehabilitation Services › Chapter 1. Rehabilitation Services Bureau › 12-12-1-4.1. Additional Duties of Bureau

Sec. 4.1. (a) The bureau may do the following:
(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, IC 12-8-1.5-10, and IC 12-11-6.
(3) Provide or contract for the provision of other services that are consistent with the purposes of this article, IC 12-8-1.5-10, and IC 12-11-6.
(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.
As added by P.L.64-2002, SEC.3. Amended by P.L.160-2012, SEC.29; P.L.210-2015, SEC.25.