reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-1. Application of Chapter to Money of State Agencies Used to Obtain Services From Grantee Agencies

Sec. 1. This chapter applies only to the indicated money of the following state agencies to the extent that the money is used by the agency to obtain services from grantee agencies to carry out the program functions of the agency:
(1) Money appropriated or allocated to a state agency from money received by the state under the federal Social Services Block Grant Act (42 U.S.C. 1397 et seq.).
(2) The division of aging, except this chapter does not apply to money expended under the following:
(A) The following statutes, unless application of this chapter is required by another subdivision of this section:
(i) IC 12-10-6.
(ii) IC 12-10-12 (before its expiration).
(B) Epilepsy services.
(3) The division of family resources, for money expended under the following programs:
(A) The child development associate scholarship program.
(B) The dependent care program.
(C) Migrant day care.
(D) The commodities program.
(E) The migrant nutrition program.
(F) Any emergency shelter program.
(G) The energy weatherization program.
(4) The Indiana department of health, for money expended under IC 16-19-10.
(5) The group.
(6) All state agencies, for any other money expended for the purchase of services if all the following apply:
(A) The purchases are made under a contract between the state agency and the office of the secretary.
(B) The contract includes a requirement that the office of the secretary perform the duties and exercise the powers described in this chapter.
(C) The contract is approved by the budget agency.
(7) The division of mental health and addiction.
[Pre-1992 Revision Citation: 4-28-12-3(a).]
As added by P.L.2-1992, SEC.2. Amended by P.L.2-1993, SEC.76; P.L.4-1993, SEC.30; P.L.5-1993, SEC.43; P.L.40-1994, SEC.17; P.L.24-1997, SEC.18; P.L.108-1997, SEC.6; P.L.215-2001, SEC.33; P.L.141-2006, SEC.29; P.L.145-2006, SEC.66; P.L.181-2006, SEC.51; P.L.1-2007, SEC.112; P.L.146-2008, SEC.383; P.L.113-2014, SEC.33; P.L.32-2021, SEC.26; P.L.143-2022, SEC.3; P.L.56-2023, SEC.85.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-2. "Grantee Agency" Defined

Sec. 2. As used in this chapter, "grantee agency" means a person that receives money directly from a state agency in return for the performance of services.
[Pre-1992 Revision Citation: 4-28-1-4.]
As added by P.L.2-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-3. "Group" Defined

Sec. 3. As used in this chapter, "group" refers to the financial services group established by sections of this chapter.
[Pre-1992 Revision Citation: 4-28-12-1.]
As added by P.L.2-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-4. "Purchase of Service Format" Defined

Sec. 4. As used in this chapter, "purchase of service format" means a contract format that has the following features:
(1) Each type of service to be provided under the contract is broken down into measurable units.
(2) A rate of reimbursement for each unit of service to be provided under the contract is established.
(3) The units of service actually provided under the contract are reported by the service provider on a regular basis.
(4) The cost of providing a unit of service under the contract is paid after the unit has been provided.
[Pre-1992 Revision Citation: 4-28-1-6.]
As added by P.L.2-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-5. Establishment

Sec. 5. The financial services group is established within the office of the secretary.
[Pre-1992 Revision Citation: 4-28-12-2.]
As added by P.L.2-1992, SEC.2. Amended by P.L.108-1997, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-6. Selection of Grantee Agencies to Be Compensated

Sec. 6. (a) Subject to approval by the budget agency, the agencies subject to this chapter have the exclusive authority to select the grantee agencies to be compensated from the funding sources listed in section 1 of this chapter.
(b) Whenever the group becomes aware that a grantee agency exists that is capable of performing a service for an agency subject to this chapter, the group shall inform the agency of the potential grantee agency.
[Pre-1992 Revision Citation: 4-28-12-3(b).]
As added by P.L.2-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-7. Procedure for Reimbursing Grantee Agency; Purchase of Service Format or Other Contract Format Use; Determination

Sec. 7. (a) When a state agency selects a grantee agency under section 6 of this chapter, the state agency shall determine whether the purchase of service format can be used as the procedure for reimbursing the grantee agency. The state agency has exclusive authority to make this determination, but the state agency shall seek to use the purchase of service format whenever possible.
(b) If a state agency determines that the purchase of service format can be used with a particular grantee agency, the state agency shall notify the group of the state agency's decision. The group shall then follow the procedure described in section 8 of this chapter.
(c) If a state agency determines that the purchase of service format cannot be used with a particular grantee agency, the state agency shall select the contract format that is to be used. If a state agency selects a contract format under this subsection, the state agency shall notify the group of the state agency's decision. The group shall then follow the procedure described in section 8 of this chapter.
(d) Notwithstanding IC 4-13-2-20 or any other law, a contract format selected under subsection (b) or (c) may include provisions for advance funding as follows:
(1) For not more than one-sixth (1/6) of the contract amount if the annual contract amount is at least fifty thousand dollars ($50,000).
(2) For not more than one-half (1/2) of the contract amount if the annual contract amount is less than fifty thousand dollars ($50,000).
(3) For interim payments, with subsequent reconciliation of the amounts paid under the contract and the cost of the services actually provided.
[Pre-1992 Revision Citation: 4-28-12-4.]
As added by P.L.2-1992, SEC.2. Amended by P.L.20-1992, SEC.25; P.L.21-1992, SEC.7; P.L.1-1993, SEC.96; P.L.1-2005, SEC.127; P.L.210-2015, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-8. Group Procedure; Requisites

Sec. 8. (a) When a state agency notifies the group of the selection of a grantee agency and a contract format, the group shall do the following:
(1) Prepare a contract with the grantee agency.
(2) Present the contract to the affected state agency for execution.
(b) A contract prepared by the group under subsection (a) is subject to approval under IC 4-13-2-14.3.
[Pre-1992 Revision Citation: 4-28-12-5.]
As added by P.L.2-1992, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-9. Records of Grantee Agencies; Audits; Requirements

Sec. 9. (a) Each grantee agency receiving money under a contract covered by this chapter shall maintain sufficient records to show the following:
(1) The actual cost of services provided under the contract.
(2) The nature and amount of services provided under the contract.
(b) At least every two (2) years the group shall, in the manner prescribed by the state board of accounts, conduct audits of all grantee agencies that, under a contract under this chapter, receive payment from any of the money described in section 1(2) of this chapter. These audits must include an investigation of the records of the grantee agencies to determine whether the services rendered under the contracts have been in compliance with the terms of the contracts.
(c) This section does not prohibit the state board of accounts from auditing grantee agencies under the board's own authority. The office of the secretary may do either of the following:
(1) Contract with the state board of accounts to conduct audits of grantee agencies.
(2) Require grantee agencies to obtain independent audits of their agencies.
(d) A contract between a state agency and the office of the secretary under section (1)(6) of this chapter may include a provision requiring the group to perform or arrange for the audits described by this section.
[Pre-1992 Revision Citation: 4-28-12-6.]
As added by P.L.2-1992, SEC.2. Amended by P.L.108-1997, SEC.8; P.L.181-2006, SEC.52; P.L.113-2014, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 10. Financial Services Group › 12-8-10-10. Audits; Distribution of Copies

Sec. 10. Not more than thirty (30) days after the completion of each audit required by this chapter, the group shall submit a copy of the audit to each of the following:
(1) The state board of accounts.
(2) Each state agency that is a party to a contract covered in the audit.
(3) The legislative council, upon request of the legislative council or when required by federal law. A report submitted under this subdivision must be in electronic format under IC 5-14-6.
(4) The appropriate federal agency, when required by federal law.
[Pre-1992 Revision Citation: 4-28-12-7.]
As added by P.L.2-1992, SEC.2. Amended by P.L.28-2004, SEC.87.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-1. Purpose

Sec. 1. The purpose of this chapter is to find available employment opportunities for TANF recipients and applicants that will allow the recipients and applicants to gain successful experience in an environment that includes daily work.
As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-2. Applicability of Chapter

Sec. 2. This chapter applies to all TANF recipients and applicants, except recipients and applicants exempted under rules adopted by the secretary under IC 4-22-2.
As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.8; P.L.39-2015, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-3. "Request for Proposals" Defined

Sec. 3. As used in this chapter, "request for proposals" means all documents, whether attached or incorporated by reference, used for soliciting proposals.
As added by P.L.2-1997, SEC.34.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-4. Public-Private Partnerships

Sec. 4. The director may develop programs in partnership with private employers by issuing requests for proposals to stimulate public-private partnerships to provide employment opportunities to TANF recipients.
As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-5. Solicitation of Proposals

Sec. 5. The director may solicit proposals to employ TANF recipients through a request for proposals, that must include a statement that an employer desiring to participate in the program under section 4 of this chapter shall do the following:
(1) Provide health care assistance to a TANF recipient hired by the employer under the same standards that apply to other employees. Under this subdivision, the state shall pay only for the recipient's share of the premium associated with the health care assistance. However, the payment of this premium may not exceed the cost that would be paid by the state on behalf of the recipient for Medicaid.
(2) Treat a TANF recipient as the employer would treat a typical employee, including offering the same pay scales and promotion opportunities offered to a typical employee.
As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.10.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-6. Powers of Director

Sec. 6. The director may do the following:
(1) Establish criteria for a request for proposals to stimulate public-private partnerships to promote employment opportunities for TANF recipients and applicants under this chapter.
(2) Establish sanctions, including the termination of TANF assistance, for a TANF recipient or applicant who refuses to participate in an employment or a job training opportunity offered to TANF recipients or applicants under this chapter.
(3) Establish a procedure to set priorities for the entry of recipients or applicants into job placement and training.
As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 12. Employment Opportunities for Tanf Recipients › 12-8-12-7. Adoption of Rules

Sec. 7. The secretary may adopt rules under IC 4-22-2 necessary to implement this chapter.
As added by P.L.2-1997, SEC.34. Amended by P.L.39-2015, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 1. Establishment of Division › 12-9-1-1. Establishment

Sec. 1. The division of disability and rehabilitative services is established.
[Pre-1992 Revision Citation: 4-28-2-1.]
As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.31; P.L.5-1993, SEC.44; P.L.141-2006, SEC.31.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 1. Establishment of Division › 12-9-1-2. Application of Ic 12-8-8.5

Sec. 2. IC 12-8-8.5 applies to the division.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.20.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 1. Establishment of Division › 12-9-1-3. Bureaus Within Division

Sec. 3. The division consists of the following bureaus:
(1) The rehabilitation services bureau established by IC 12-12-1-1.
(2) The bureau of disabilities services established by IC 12-11-1.1-1.
(3) The bureau of child development services established by IC 12-12.7-1-1.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.32; P.L.5-1993, SEC.45; P.L.272-1999, SEC.27; P.L.243-2003, SEC.8; P.L.93-2006, SEC.8; P.L.141-2006, SEC.32; P.L.1-2007, SEC.114; P.L.210-2015, SEC.14; P.L.74-2022, SEC.4; P.L.241-2023, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 2. Director of Division › 12-9-2-1. Appointment of Director

Sec. 1. The division shall be administered by a director appointed under IC 12-8-8.5-1.
[Pre-1992 Revision Citation: 4-28-2-2.]
As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 2. Director of Division › 12-9-2-2. Application of Ic 12-8-8.5

Sec. 2. IC 12-8-8.5 applies to the director.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 2. Director of Division › 12-9-2-3. Authority of the Secretary; Authority of Director; Compiling Information

Sec. 3. (a) The secretary or the secretary's designee may do the following:
(1) Employ experts and consultants to assist the division in carrying out the division's functions.
(2) Issue orders under IC 4-21.5-3-6.
(3) Perform any other acts necessary to carry out the functions of the division.
(b) The director may do the following:
(1) Utilize, with their consent, the services and facilities of other state agencies without reimbursement.
(2) 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.
(3) Accept voluntary and uncompensated services.
(4) Expend money made available to the division according to policies enforced by the budget agency.
(5) Establish and implement the policies and procedures necessary to carry out the functions of the division.
(6) Perform any other acts necessary to carry out the functions of the division as delegated by the secretary or consistent with the director's duties.
(c) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient.
[Pre-1992 Revision Citation: 4-28-2-5(a).]
As added by P.L.2-1992, SEC.3. Amended by P.L.42-1995, SEC.21; P.L.142-1995, SEC.2; P.L.229-2011, SEC.116; P.L.153-2011, SEC.4; P.L.35-2016, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 2. Director of Division › 12-9-2-4. Hiring Personnel

Sec. 4. The director may, with the approval of the budget agency, hire the personnel necessary to perform the duties of the division.
[Pre-1992 Revision Citation: 4-28-2-3.]
As added by P.L.2-1992, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 2. Director of Division › 12-9-2-6. Contractual Powers and Requirements

Sec. 6. (a) The secretary shall act for the division in entering into contracts for the disbursal of money and the providing of service for approved community intellectual disability and other developmental disability centers where constructed and operated or maintained by private nonprofit organizations, a local public agency, or any other state agency that the secretary determines to be best suited to advance programs for individuals with developmental disabilities.
(b) Before entering into a contract under this section, the secretary shall submit the contract to the attorney general for approval as to form and legality.
(c) A contract under this section must do the following:
(1) Specify the services to be provided and the client populations to whom services must be provided.
(2) Specify that the definition of developmental disability set forth in IC 12-7-2-61 must be used to determine the eligibility of an individual for reimbursement of the center by the division for the center's services for individuals with a developmental disability. The division shall reimburse the centers at rates established by rule.
(3) Provide for a reduction in funding for failure to comply with terms of the contract.
[Pre-1992 Revision Citation: 4-28-2-5(a)(9).]
As added by P.L.2-1992, SEC.3. Amended by P.L.24-1997, SEC.19; P.L.99-2007, SEC.58; P.L.39-2015, SEC.7; P.L.117-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 3. Personnel of Division › 12-9-3-1. Repealed

[Pre-1992 Revision Citations: 4-28-2-4; 4-28-2-9.]
As added by P.L.2-1992, SEC.3. Repealed by P.L.6-2012, SEC.87.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 3. Personnel of Division › 12-9-3-2. Criminal or Civil Proceedings Against Division Personnel as Result of Official Acts; Defense by State; Exceptions

Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed within the course of the individual's employment or because of an act performed under the authority or order of a superior officer, the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused and the state is financially responsible for the expense of the defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel of the individual's choice at the individual's expense.
(2) Relieve any person from responsibility in civil damages.
[Pre-1992 Revision Citation: 4-28-2-11.]
As added by P.L.2-1992, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-1. "Council" Defined

Sec. 1. As used in this chapter, "council" refers to the division of disability and rehabilitative services advisory council established by this chapter.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.33; P.L.5-1993, SEC.46; P.L.141-2006, SEC.33.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-2. Establishment of Advisory Council; Duties

Sec. 2. The division of disability and rehabilitative services advisory council is established to advise and assist the division of disability and rehabilitative services in its effort to develop and sustain a system of supports and services for people with intellectual and developmental disabilities. The council will provide technical expertise and lived experiences and advise on specific areas such as:
(1) technology;
(2) health;
(3) policy;
(4) law;
(5) marketing;
(6) public relations;
(7) provider services; and
(8) advocacy.
[Pre-1992 Revision Citation: 12-6-3-5(a).]
As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.34; P.L.5-1993, SEC.47; P.L.141-2006, SEC.34; P.L.143-2022, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-3. Membership

Sec. 3. The council consists of the following sixteen (16) members:
(1) The director.
(2) An individual representing The Arc of Indiana, appointed by The Arc of Indiana.
(3) An individual representing the Indiana Association of Rehabilitation Facilities (INARF), appointed by INARF.
(4) An individual representing the Self-Advocates of Indiana, appointed by the Self-Advocates of Indiana.
(5) A representative of the governor's council for people with disabilities established by IC 4-23-29-7, appointed by the director.
(6) A representative of a case management provider contracting with the bureau of disabilities services established by IC 12-11-1.1-1 to provide family supports Medicaid waiver and community integration habilitation Medicaid waiver case management services, appointed by the director.
(7) An individual representing the Indiana Association of Behavior Consultants, appointed by the Indiana Association of Behavior Consultants.
(8) An individual representing the Indiana Institute on Disability and Community, appointed by the Indiana Institute on Disability and Community.
(9) An individual representing the Indiana Resource Center for Families with Special Needs (INSOURCE), appointed by INSOURCE.
(10) An individual representing Indiana Disability Rights, appointed by Indiana Disability Rights.
(11) An individual representing Indiana Family to Family, appointed by Indiana Family to Family.
(12) Two (2) members, appointed by the director, each of whom is an individual with an intellectual or other developmental disability.
(13) Two (2) members, appointed by the director, each of whom is an immediate or extended family member of an individual with an intellectual or other developmental disability.
(14) One (1) member, appointed by the director, who is employed by an agency that provides services to people with intellectual or other developmental disabilities.
[Pre-1992 Revision Citation: 12-6-3-5(b).]
As added by P.L.2-1992, SEC.3. Amended by P.L.143-2022, SEC.5; P.L.241-2023, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-4. Term of Office

Sec. 4. Each member of the council appointed under section 3(2) through 3(14) of this chapter serves at the will of the appointing authority.
[Pre-1992 Revision Citation: 12-6-3-5(c).]
As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.23; P.L.143-2022, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-5. Presiding Officer

Sec. 5. The director serves as presiding officer of the council.
[Pre-1992 Revision Citation: 12-6-3-5(d).]
As added by P.L.2-1992, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-6. Meetings

Sec. 6. The council shall meet at least six (6) times annually and is subject to special meetings at the call of its presiding officer.
[Pre-1992 Revision Citation: 12-6-3-5(e).]
As added by P.L.2-1992, SEC.3. Amended by P.L.143-2022, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-6.5. Reports

Sec. 6.5. (a) The division shall provide the council with a quarterly report containing the following information relating to Medicaid waivers:
(1) The number of current applications for an emergency placement priority waiver.
(2) The number of individuals served on a particular Medicaid waiver.
(3) The number of individuals who are currently on a wait list to be included in a Medicaid waiver.
(b) The division shall provide the council with a quarterly report containing the following information relating to vocational rehabilitation services:
(1) A status report of the division's effort to fill vocational counselor vacancies.
(2) A status report of the order of selection.
(3) The number of individuals who submitted applications for vocational rehabilitation services.
(4) The number of individuals who are currently on a wait list to obtain vocational rehabilitation services.
(5) The number of individuals who are currently receiving vocational rehabilitation services.
(c) The division shall provide the council with an annual report summarizing any rate analysis, study, or review conducted by the division.
(d) The division shall report to the council prior to any submission of a Medicaid waiver amendment regarding the changes being sought and an explanation of purpose.
(e) The division shall report to the council prior to any submission for a renewal of a Medicaid waiver:
(1) any changes being proposed to the Medicaid waiver;
(2) the current and projected needs of each geographic area of Indiana for residential services for individuals with intellectual or developmental disabilities; and
(3) the availability of developmental or vocational services to individuals with an intellectual or developmental disability living in their own home.
As added by P.L.143-2022, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 4. Division Advisory Council › 12-9-4-7. Application of Ic 12-8-2.5-9 Through Ic 12-8-2.5-11.5

Sec. 7. IC 12-8-2.5-9 through IC 12-8-2.5-11.5 apply to the council.
[1992 Revision Citation: New.]
As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.24; P.L.143-2022, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 5. Duties of Division › 12-9-5-1. Administration of Appropriated or Allocated Funds

Sec. 1. The division shall administer money appropriated or allocated to the division by the state, including money appropriated or allocated from the following:
(1) The federal Vocational Rehabilitation Act (29 U.S.C. 701).
(2) The federal Social Services Block Grant in-home services for the elderly and disabled (42 U.S.C. 1397 et seq.).
(3) The federal Randolph Sheppard Act (20 U.S.C. 107 et seq.).
(4) Medicaid waiver in-home services for the elderly and disabled (42 U.S.C. 1396 et seq.) for treatment of developmental disabilities.
(5) Improving Access to Assistive Technology for Individuals with Disabilities Act (29 U.S.C. 3001 et seq.).
(6) The federal Social Security Act Payments for Vocational Rehabilitation Services (42 U.S.C. 422).
(7) Part C of the federal Individuals with Disabilities Education Act, Subchapter III (20 U.S.C. 1431 et seq.).
(8) Money appropriated or allocated to the division to administer a program under this title.
(9) Other funding sources that are designated by the general assembly or that are available from the federal government under grants that are consistent with the duties of the division.
[Pre-1992 Revision Citation: 4-28-2-6.]
As added by P.L.2-1992, SEC.3. Amended by P.L.93-2006, SEC.9; P.L.141-2006, SEC.35; P.L.1-2007, SEC.115; P.L.210-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 5. Duties of Division › 12-9-5-2. Repealed

[Pre-1992 Revision Citation: 4-28-10-12(b).]
As added by P.L.2-1992, SEC.3. Repealed by P.L.138-1993, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 5. Duties of Division › 12-9-5-3. General Administrative Duties

Sec. 3. The division shall administer the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-11.
(C) IC 12-12.
(D) IC 12-12.7.
(2) Programs under the following statutes, to the extent the division has responsibilities for programs under those statutes:
(A) IC 12-24.
(B) IC 12-26.
(C) IC 12-27.
(D) IC 12-28.
(E) IC 12-29.
(3) Supported employment for a person with developmental disabilities.
(4) Epilepsy service centers program.
(5) Epilepsy clinic program.
(6) Medicaid waivers for in-home services for treatment of developmental disabilities.
[Pre-1992 Revision Citation: 4-28-2-7.]
As added by P.L.2-1992, SEC.3. Amended by P.L.243-2003, SEC.9; P.L.93-2006, SEC.10; P.L.141-2006, SEC.36; P.L.1-2007, SEC.116; P.L.74-2022, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 5. Duties of Division › 12-9-5-4. Application of Ic 20-35-2 to Education Programs for Students With Disabilities

Sec. 4. IC 20-35-2 applies to the operation of each education program for a student with a disability (as defined in IC 20-35-1-8) conducted by a state owned and operated developmental center or furnished under an agreement with the division.
[Pre-1992 Revision Citations: 4-28-2-5(b); 4-28-2-8(d).]
As added by P.L.2-1992, SEC.3. Amended by P.L.23-1993, SEC.42; P.L.1-2005, SEC.128; P.L.233-2015, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 5. Duties of Division › 12-9-5-5. Approved Services Under Federal Waiver

Sec. 5. (a) Notwithstanding any other law:
(1) home health agencies licensed under IC 16-27-1 are approved to provide home health services; and
(2) personal services agencies licensed under IC 16-27-4 are approved to provide personal services;
under any federal waiver granted to the state under 42 U.S.C. 1315 or 42 U.S.C. 1396n.
(b) In determining whether to approve an entity described in subsection (a) to provide services for a program administered by the office of the secretary, the office of the secretary may use the survey performed by the Indiana department of health in licensing the entity.
As added by P.L.212-2005, SEC.2. Amended by P.L.141-2006, SEC.37; P.L.56-2023, SEC.86.
2023 Indiana Code › Title 12. Human Services › Article 9. Division of Disability and Rehabilitative Services › Chapter 6. Repealed

[Pre-1992 Revision Citations:
12-9-6-1formerly 4-28-10-11(a)12-9-6-2formerly 4-28-10-11(b)12-9-6-3formerly 4-28-10-11(c).]
Repealed by P.L.210-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 1. Establishment of Division › 12-9.1-1-2. Application of Ic 12-8-8.5

Sec. 2. IC 12-8-8.5 applies to the division.
As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.25.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 2. Director of Division › 12-9.1-2-1. Appointment of Director

Sec. 1. The division shall be administered by a director appointed under IC 12-8-8.5-1.
As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.26.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 2. Director of Division › 12-9.1-2-2. Application of Ic 12-8-8.5

Sec. 2. IC 12-8-8.5 applies to the director.
As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 2. Director of Division › 12-9.1-2-3. Authority of Secretary; Authority of Director; Compiling of Information

Sec. 3. (a) The secretary or the secretary's designee may do the following:
(1) Employ experts and consultants to assist the division in carrying out the division's functions.
(2) Issue orders under IC 4-21.5-3-6.
(3) Perform any other acts necessary to carry out the functions of the division.
(b) The director may do the following:
(1) Use, with their consent, the services and facilities of other state agencies without reimbursement.
(2) 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.
(3) Accept voluntary and uncompensated services.
(4) Expend money made available to the division according to policies enforced by the budget agency.
(5) Establish and implement the policies and procedures necessary to carry out the functions of the division.
(6) Perform any other acts necessary to carry out the functions of the division as delegated by the secretary or consistent with the director's statutory duties.
(c) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient.
As added by P.L.141-2006, SEC.38. Amended by P.L.229-2011, SEC.117; P.L.153-2011, SEC.5; P.L.35-2016, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 3. Personnel of Division › 12-9.1-3-2. Criminal or Civil Proceedings Against Division Personnel as Result of Official Acts; Defense by State; Exceptions

Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed:
(1) within the course of the individual's employment; or
(2) under the authority or order of a superior officer;
the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused, and the state is financially responsible for the expense of the defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel of the individual's choice at the individual's expense.
(2) Relieve any person from responsibility in civil damages.
As added by P.L.141-2006, SEC.38.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 4. Duties of Division › 12-9.1-4-1. Administration of Appropriated or Allocated Funds

Sec. 1. The division shall administer money appropriated or allocated to the division by the state, including money appropriated or allocated from the following:
(1) The federal Older Americans Act (42 U.S.C. 3001 et seq.).
(2) The United States Department of Agriculture (7 U.S.C. 612C et seq.).
(3) Medicaid waiver in-home services for the elderly and disabled (42 U.S.C. 1396 et seq.) for treatment of medical conditions.
(4) Money appropriated or allocated to the division to administer a program under this title.
(5) Other funding sources that are designated by the general assembly or available from the federal government under grants that are consistent with the duties of the division.
As added by P.L.141-2006, SEC.38.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 4. Duties of Division › 12-9.1-4-2. Administrative Duties

Sec. 2. The division shall administer the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-10.
(2) Programs under IC 12-30, to the extent the division has responsibilities for programs under IC 12-30.
(3) Medicaid waivers for in-home services for treatment of medical conditions.
As added by P.L.141-2006, SEC.38.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 4. Duties of Division › 12-9.1-4-3. Approved Services Under Federal Waiver

Sec. 3. Notwithstanding any other law:
(1) home health agencies licensed under IC 16-27-1 are approved to provide home health services; and
(2) personal services agencies licensed under IC 16-27-4 are approved to provide personal services;
under any federal waiver granted to the state under 42 U.S.C. 1315 or 42 U.S.C. 1396n that provides services for treatment of medical conditions.
As added by P.L.141-2006, SEC.38.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 5. Strategic Plan to Address Dementia › 12-9.1-5-1. Division Required to Develop Dementia Strategic Plan

Sec. 1. The division shall develop a dementia strategic plan to identify and significantly reduce the prevalence of dementia in Indiana.
As added by P.L.36-2021, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 5. Strategic Plan to Address Dementia › 12-9.1-5-3. Annual Report

Sec. 3. (a) Beginning December 1, 2021, the division shall submit annually:
(1) a summary of the dementia strategic plan; and
(2) a report concerning outcomes from implementation of the dementia strategic plan;
to the general assembly.
(b) The dementia strategic plan and report required under subsection (a) must be submitted in an electronic format under IC 5-14-6.
As added by P.L.36-2021, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 9.1. Division of Aging › Chapter 5. Strategic Plan to Address Dementia › 12-9.1-5-4. Dementia Care Coordinator; Duties

Sec. 4. The division may employ a dementia care coordinator to do the following:
(1) Coordinate implementation of the dementia strategic plan.
(2) Regarding the dementia care specialist program established under IC 12-10-5.7, do the following:
(A) Develop or identify best practice guidelines concerning the establishment and administration of a dementia care specialist program in accordance with IC 12-10-5.7.
(B) Establish training requirements necessary for staff working in a dementia care specialist program.
(C) Disseminate guidelines and training requirements described in clauses (A) and (B) to each area agency.
(D) Provide resources and technical assistance to an area agency or dementia care specialist designated by an area agency under IC 12-10-5.7.
(E) Not later than December 1, 2024, and each December 1 thereafter incorporate program reporting and analysis on coordinator activities, program impacts, and health outcomes as a subsection of the division's dementia strategic plan annual report required under section 3 of this chapter.
As added by P.L.146-2023, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-1. Establishment of Bureau

Sec. 1. The bureau of aging and in-home services is established within the division.
[Pre-1992 Revision Citation: 4-28-3-3(a).]
As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.35; P.L.5-1993, SEC.48.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-2. Purpose

Sec. 2. The purpose of the bureau is to assist the constantly increasing number of aged in:
(1) maintaining self-sufficiency and personal well-being with the dignity to which the years of labor entitle the person; and
(2) realizing the aged person's maximum potential as a creative and productive individual.
[Pre-1992 Revision Citation: 4-28-3-3(b).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-3. Administration of Programs

Sec. 3. The bureau shall administer the following programs:
(1) The federal Older Americans Act under IC 12-9.1-4-1.
(2) Area agencies on aging services under this article.
(3) Adult protective services under IC 12-10-3.
(4) Room and board assistance and assistance to residents in county homes under IC 12-10-6.
(5) Adult guardianship program under IC 12-10-7.
(6) Community and home options for the elderly and individuals with a disability under IC 12-10-10.
(7) Long term care advocacy under IC 12-10-13.
(8) Nutrition services and home delivered meals.
(9) Title III B supportive services.
(10) Title III D in-home services.
(11) Aging programs under the Social Services Block Grant.
(12) United States Department of Agriculture elderly feeding program.
(13) Title V senior employment.
(14) PASARR under older adult services.
[Pre-1992 Revision Citation: 4-28-3-3(c).]
As added by P.L.2-1992, SEC.4. Amended by P.L.24-1997, SEC.20; P.L.243-2003, SEC.10; P.L.141-2006, SEC.39; P.L.99-2007, SEC.59; P.L.32-2021, SEC.27.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-4. Duties

Sec. 4. The bureau shall perform the following duties:
(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.
[Pre-1992 Revision Citation: 4-28-3-4.]
As added by P.L.2-1992, SEC.4. Amended by P.L.153-2011, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-5. Coordination of Services With Area Agencies

Sec. 5. In carrying out the bureau's duties under this chapter, the bureau shall coordinate service delivery with the area agencies on aging.
[Pre-1992 Revision Citation: 4-28-3-5.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 1. Bureau of Aging Services › 12-10-1-6. Area Agencies; Duties; Coverage Area Changes

Sec. 6. (a) The area agencies on aging designated by the bureau in each planning and service region shall do the following:
(1) Determine the needs and resources of the aged in the area.
(2) Coordinate, in cooperation with other agencies or organizations in the area, region, district, or county, all programs and activities providing health, recreational, educational, or social services for the aged.
(3) Secure local matching money from public and private sources to provide, improve, or expand the sources available to meet the needs of the aged.
(4) Develop, in cooperation with the division and in accordance with the regulations of the commissioner of the federal Administration on Aging, an area plan for each planning and service area to provide for the following:
(A) A comprehensive and coordinated system for the delivery of services needed by the aged in the area.
(B) The collection and dissemination of information and referral sources.
(C) The effective and efficient use of all resources meeting the needs of the aged.
(D) The inauguration of new services and periodic evaluation of all programs and projects delivering services to the aged, with special emphasis on the low income and minority residents of the planning and service area.
(E) The establishment, publication, and maintenance of a toll free telephone number to provide information, counseling, and referral services for the aged residents of the planning and service area.
(5) Conduct case management (as defined in IC 12-10-10-1).
(6) Perform any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).
(7) Establish a dementia care specialist program as required by IC 12-10-5.7-4.
(b) The division shall pay the costs associated with the toll free telephone number required under subsection (a).
(c) Changes may not be made to the designated coverage area of an area agency on aging until after the following:
(1) The office of the secretary holds a public hearing in each county where the existing area agency on aging is operating to discuss the proposed changes and receive public comment.
(2) One (1) year elapses from the date of the meeting held under subdivision (1).
[Pre-1992 Revision Citation: 4-28-3-6.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.4; P.L.209-2018, SEC.2; P.L.146-2023, SEC.5.