reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 7. General Provisions and Definitions › Chapter 3. Effect of Previously Adopted Rules › 12-7-3-13. Treatment of Rules Adopted by Interdepartmental Board for the Coordination of Human Services Concerning the School Age Child Care Project Fund

Sec. 13. (a) Except as provided in subsection (b), a rule adopted by the interdepartmental board for the coordination of human service programs concerning the school age child care project fund, before its repeal by P.L.9-1991, is valid and effective until the section of child care services within the division of family and children adopts a rule under IC 4-22-2 that supersedes in whole or in part or otherwise repeals the interdepartmental board rule for the school age child care project program established under IC 12-17-12.
(b) If a rule adopted by the interdepartmental board for the coordination of human service programs before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection (a); and
(2) provides authority to the interdepartmental board that has been transferred to the section of child care services within the division of family and children;
the rule shall be interpreted to constitute an authorization to the section of child care services within the division of family and children and not the interdepartmental board for the coordination of human service programs.
As added by P.L.220-2011, SEC.253.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-0.3. Legalization of Certain Actions

Sec. 0.3. (a) Actions taken under IC 12-8-1 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-1 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-1 had not expired on June 30, 2011.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-1. Establishment

Sec. 1. (a) The office of the secretary of family and social services is established.
(b) The office of the secretary includes the following:
(1) The secretary.
(2) Each office.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-3. General Responsibilities

Sec. 3. (a) The secretary has administrative responsibility for the office of the secretary.
(b) Subject to this article, the secretary may organize an office to perform the duties of the office.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-4. Hiring of Personnel; Appointing Authority; Delegation

Sec. 4. (a) The secretary may hire personnel necessary to perform the duties of each office.
(b) Except as provided in subsection (c), the secretary is the appointing authority for the office of family and social services, including the divisions, offices, and institutions of the office of family and social services.
(c) The secretary may delegate the appointing authority for a division, office, institution, or other group of employees subject to IC 4-15-2.2.
(d) The delegation of the appointing authority under subsection (c) may affect the procedure and the division, office, institution, or other group of employees affected by actions under IC 4-15-2.2-40.
As added by P.L.160-2012, SEC.16. Amended by P.L.35-2016, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-5. Technical Assistance to Divisions; Coordination; Related Functions

Sec. 5. (a) The secretary, through the offices, is responsible for coordinating the provision of technical assistance to each division for the following:
(1) Compiling program budgets for each division.
(2) Fiscal performance of each division.
(3) Management and administrative performance of each division.
(4) Program performance of each division.
(b) The secretary, through the offices, is accountable for the following:
(1) Resolution of administrative, jurisdictional, or policy conflicts among the divisions.
(2) The coordination of the activities of each division with other entities, including the general assembly and other state agencies.
(3) Coordination of communication with the federal government and the governments of other states.
(4) Development and ongoing monitoring of a centralized management information system and a centralized training system for orientation and cross-training.
(5) The overall policy development and management of the state Medicaid plan under IC 12-15.
(6) Liaison activities with other governmental entities and private sector agencies.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-6. Cooperation Between Office and Indiana Department of Health

Sec. 6. (a) The secretary and the commissioner of the Indiana department of health shall cooperate to coordinate family and social services programs with related programs administered by the Indiana department of health.
(b) The secretary, in cooperation with the commissioner of the Indiana department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts between a division and the Indiana department of health.
(2) Formulating overall policy for family, health, and social services in Indiana.
(3) Coordinating activities between the programs of the division of family resources and the maternal and child health programs of the Indiana department of health.
(4) Coordinating activities concerning long term care between the division of disability and rehabilitative services and the Indiana department of health.
(5) Developing and implementing a statewide family, health, and social services plan that includes a set of goals and priorities.
(c) The office shall cooperate with the Indiana department of health in providing the information required for the commissioner of the Indiana department of health or the commissioner's designee to complete the:
(1) state comprehensive care bed need rate calculation under IC 16-29-7-8; and
(2) county comprehensive care bed need calculation under IC 16-29-7-9.
As added by P.L.160-2012, SEC.16. Amended by P.L.202-2018, SEC.1; P.L.56-2023, SEC.84.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-7. Powers

Sec. 7. The secretary, through the offices, may do the following:
(1) Employ experts and consultants to carry out the duties of the secretary and the offices.
(2) Utilize, with the consent of the other state agencies, the services and facilities of other state agencies without reimbursement.
(3) Accept in the name of the state, for use in carrying out the purposes of this article, any money or other property received as a gift, by bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available according to policies enforced by the budget agency.
(6) Establish and implement the policies and procedures necessary to implement this article.
(7) Advise the governor concerning rules adopted by a division before July 1, 2015, or the secretary after June 30, 2015.
(8) Create advisory bodies to advise the secretary about any matter relating to the implementation of this article.
(9) Perform other acts necessary to implement this article.
(10) Perform other functions permissible under this title.
As added by P.L.160-2012, SEC.16. Amended by P.L.39-2015, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-7.5. Waiver; Enhanced Federal Matching Funds; Report

Sec. 7.5. (a) Notwithstanding any other law, the secretary, through the offices, may issue a waiver, in writing, of provisions of this title and rules adopted under IC 4-22-2 concerning provisions of this title if the secretary determines that the waiver is necessary to claim any enhanced federal matching funds available from:
(1) the federal Families First Coronavirus Response Act;
(2) the federal American Rescue Plan Act of 2021; or
(3) any other federal law, regulation, guidance, or policy pertaining to COVID-19 (as defined in IC 16-39-11-1) relief;
for the Medicaid program or programs funded through Medicaid.
(b) Not later than March 1, 2022, and every six (6) months thereafter, the secretary shall prepare and submit a report to the budget committee concerning any waiver issued under subsection (a).
(c) Nothing in this section may be construed to obligate the secretary to issue a waiver under this section.
(d) This section expires on the day after the date that the funds described in subsection (a)(1) through (a)(3) are no longer available to the state.
As added by P.L.1-2022, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-8. Cooperation With Federal Agencies; Federal Aid

Sec. 8. (a) The secretary shall cooperate with the federal Social Security Administration and with any other agency of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the provisions of the federal Social Security Act.
(b) The secretary shall do the following:
(1) Make reports in the form and containing the information required by the federal Social Security Administration Board or any other agency of the federal government.
(2) Comply with the requirements that the federal Social Security Administration Board or other agency of the federal government finds necessary to assure the correctness and verification of reports.
(c) The secretary shall act as the agent to the federal government in the following:
(1) Welfare matters of mutual concern.
(2) The administration of federal money granted to Indiana to aid the welfare functions of the state.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-9. Rules

Sec. 9. Consistent with the powers and duties of the secretary under this article, the secretary may adopt rules under IC 4-22-2 relating to the exercise of those powers and duties.
As added by P.L.160-2012, SEC.16. Amended by P.L.13-2013, SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-9.5. Rules; Expiration; Effect of Policies Set Forth in Rules

Sec. 9.5. (a) This subsection applies to an emergency rule adopted under section 9(b) of this chapter (before section 9(b) of this chapter expired on December 31, 2012). An emergency rule adopted under section 9(b) of this chapter expires December 31, 2013, regardless of any expiration date set forth in the rule.
(b) This subsection applies to a rule added or amended in LSA Document #10-792 or LSA Document #10-793 in 2011. The policies set forth in the following remain in effect through December 31, 2013, regardless of the effective date set forth in the rule:
(1) 405 IAC 1-11.5-2(g).
(2) 405 IAC 5-30-1.5(c).
(c) This subsection applies to an emergency rule adopted under IC 12-8-1-9(b) (before IC 12-8-1-9(b) expired on June 30, 2011). An emergency rule adopted under IC 12-8-1-9(b) expires December 31, 2013, regardless of any expiration date set forth in the rule.
As added by P.L.205-2013, SEC.180.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-10. Agency Administering Vocational Rehabilitation Programs; Federal Programs

Sec. 10. The office of the secretary is designated as the sole state agency responsible for administering programs concerning the vocational rehabilitation of individuals with a disability under 29 U.S.C. 701 et seq.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-10.5. Single State Agency Designation; Medicaid Policy

Sec. 10.5. (a) The office of the secretary is designated as the single state agency for administration of the state Medicaid program under IC 12-15.
(b) The office of the secretary shall develop and coordinate Medicaid policy for the state.
As added by P.L.109-2014, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-12. Programs to Review Dependence on Public Assistance

Sec. 12. Subject to the appropriation limits established by the state's biennial budget for the office of the secretary and its divisions, and after assistance, including assistance under TANF (IC 12-14), medical assistance (IC 12-15), and food stamps (7 U.S.C. 2016(i)), is distributed to persons eligible to receive assistance, the secretary may adopt rules under IC 4-22-2 to offer programs on a pilot or statewide basis to encourage recipients of assistance under IC 12-14 to become self-sufficient and discontinue dependence on public assistance programs. Programs offered under this subsection may do the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will enable recipients to work by providing child care for other recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service opportunities for recipients.
(5) Provide plans to implement the personal responsibility agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance requirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities under IC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal income poverty level (as defined in IC 12-15-2-1) before assistance under this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient paying fifty percent (50%) of the local market rate as established under 45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if the recipient's employer does not offer the recipient health care coverage.
As added by P.L.160-2012, SEC.16. Amended by P.L.130-2018, SEC.43.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-13. Implementation of Methods to Facilitate Payment of Providers

Sec. 13. The office of the secretary shall implement methods to facilitate the payment of providers under IC 12-15.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-14. Improvement of System Through Technology and Training

Sec. 14. The office of the secretary shall improve its system through the use of technology and training of staff to do the following:
(1) Simplify, streamline, and destigmatize the eligibility and enrollment processes in all health programs serving children.
(2) Ensure an efficient provider payment system.
(3) Improve service to families.
(4) Improve data quality for program assessment and evaluation.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-15. Implementation and Administration of Health Care Programs to Uninsured; Assistance With Nonprofit Organization

Sec. 15. (a) The office of the secretary shall:
(1) cooperate with; and
(2) assist;
a nonprofit organization with the purpose to implement and administer a program to provide health care to uninsured Indiana residents.
(b) The office of the secretary shall assist a nonprofit organization that has the purpose described in subsection (a) with the following:
(1) Determining eligibility of potential participants who have an income of not more than one hundred percent (100%) of the federal poverty level for a program described in this section.
(2) Issuing a plan card that is valid for one (1) year to an individual if:
(A) the office of the secretary has determined the individual is eligible for the program; and
(B) the individual has paid the office of the secretary a registration fee determined by the office.
(3) Operating a toll free telephone number that provides provider referral services for participants in the program.
(4) Implementing the program described in this section to combine the resources of the office of the secretary and the nonprofit organization in a manner that would not result in the additional expenditure of state funds.
As added by P.L.160-2012, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-16. Operation of Bureau to Adjudicate Claims

Sec. 16. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that adjudicates claims for Social Security Disability Insurance and Supplemental Security Income.
As added by P.L.210-2015, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-17. Operation of Bureau That Enters Into Interim Assistance Agreement

Sec. 17. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that enters into an interim assistance agreement with the Social Security Administration under 42 U.S.C. 1302 and 42 U.S.C. 1383.
As added by P.L.210-2015, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-18. Report Concerning Investigations of Endangered Adults; Budget Committee Consideration of Report

Sec. 18. (a) Before December 1, 2016, the office of the secretary of family and social services, in cooperation with the Indiana prosecuting attorneys council, shall do the following:
(1) Prepare and submit a report as described in subsection (b) to the legislative council in an electronic format under IC 5-14-6.
(2) Present the report required under this section to the budget committee.
(b) The report must include:
(1) an estimation of the appropriate staffing levels necessary for the office of the secretary of family and social services and county prosecuting attorney offices to efficiently and effectively manage the investigations of reports of matters related to the abuse, neglect, or exploitation of endangered adults;
(2) identification of:
(A) the circumstances that should result in emergency placement in the case of an adult protective services investigation;
(B) the appropriate types of emergency placements based on those circumstances; and
(C) strategies for improving emergency placement capabilities;
(3) consideration of the benefits and cost of establishing a centralized intake system for reports of matters related to the abuse, neglect, or exploitation of endangered adults;
(4) a statement of consistent standards of care for endangered adults;
(5) a determination of the appropriate levels of training for employees of:
(A) the office of the secretary of family and social services; and
(B) a county prosecuting attorney office;
who are involved in providing adult protective services;
(6) a draft of a cooperative agreement between the office of the secretary of family and social services and the Indiana prosecuting attorneys council that sets forth the duties and responsibilities of the agencies and county prosecuting attorney offices with regard to adult protective services; and
(7) performance goals and accountability metrics for adult protective services to be incorporated in contracts and grant agreements.
(c) The budget committee shall consider the report submitted under this section in formulating the committee's budget recommendations.
As added by P.L.34-2016, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 1.5. Office of Secretary of Family and Social Services › 12-8-1.5-19. Administration of 211 Services

Sec. 19. The office of the secretary has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of IC 12-13-16 (concerning the administration of the 211 dialing code used to provide access to human services information and referrals), including the power to make and publish rules, in the manner set forth in IC 12-13-16-13.
As added by P.L.73-2020, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-0.3. Legalization of Certain Actions

Sec. 0.3. (a) Actions taken under IC 12-8-2 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-2 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-2 had not expired on June 30, 2011.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-3. Application of Chapter

Sec. 3. Unless otherwise provided by a statute, this chapter applies to the following:
(1) The following advisory councils:
(A) The division of disability and rehabilitative services advisory council.
(B) The division of family resources advisory council.
(C) The division of mental health and addiction advisory council.
(2) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable to the body.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-3.5. Service on Advisory Councils

Sec. 3.5. Up to five (5) individuals appointed by the secretary to serve on an entity not described in section 3(1) of this chapter may be appointed to serve concurrently on an advisory council described in section 3(1) of this chapter. However, an individual may not serve concurrently on more than one (1) advisory council described in section 3(1) of this chapter.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-4. Member Appointed to Fixed Term; Limitations

Sec. 4. (a) This section applies only to a member who by statute is appointed to a fixed term.
(b) The term of an individual serving as a member begins on the latter of the following:
(1) The day the term of the member whom the individual is appointed to succeed expires. If the individual does not succeed a member, the member's term begins as provided in subdivision (2).
(2) The day the individual is appointed.
(c) The term of a member expires on July 1 of the second year after the expiration of the term of the member's immediate predecessor. If the member has no immediate predecessor, the term of the member expires on July 1 of the second year after the member's term began.
(d) A member may be reappointed for a new term. A reappointed member is the member's own:
(1) successor for purposes of subsection (b); and
(2) immediate predecessor for purposes of subsection (c).
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-5. Officeholder as Member; Tenure

Sec. 5. (a) This section applies only to an individual who serves as a member because of an office the individual holds.
(b) The individual serves as a member until the individual no longer holds the office.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-7. Appointment of Presiding Officer

Sec. 7. Except as provided in another statute, the governor shall appoint a voting member of the body to be the presiding officer of the body.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-11. Compensation; Expense Reimbursement

Sec. 11. (a) A member who is not a state employee is entitled to both of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) A member who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(c) A member who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 2.5. Family and Social Services Bodies › 12-8-2.5-11.5. Agenda

Sec. 11.5. In addition to the requirements of IC 5-14-1.5, the office of the secretary or a division will make a good faith effort to ensure that members of any body subject to this chapter receive a copy of an agenda at least forty-eight (48) hours before any meeting of the body.
As added by P.L.160-2012, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 3. Repealed

[Pre-1992 Revision Citations:
12-8-3-1formerly 12-6-1-212-8-3-2formerly 12-6-3-4(a)12-8-3-3formerly 12-6-3-4(b)12-8-3-4formerly 12-6-3-4(c)12-8-3-5formerly 12-6-3-4(d)12-8-3-6formerly 12-6-9-1.]
Repealed by P.L.229-2011, SEC.271.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 4. Repealed

[Pre-1992 Revision Citations:
12-8-4-1formerly 12-6-4-112-8-4-2formerly 12-6-4-212-8-4-3formerly 12-6-4-312-8-4-4formerly 12-6-9-1.]
Repealed by P.L.253-1997(ss), SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 5. Repealed

[Pre-1992 Revision Citations:
12-8-5-1formerly 12-6-5-112-8-5-2formerly 12-16-5-212-8-5-3formerly 12-6-5-312-8-5-4formerly 12-6-9-1.]
Repealed by P.L.253-1997(ss), SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-0.3. Legalization of Certain Actions

Sec. 0.3. (a) Actions taken under IC 12-8-6 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-6 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-6 had not expired on June 30, 2011.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-4. Development and Coordination of State Medicaid Policy

Sec. 4. Under the direction of the secretary, the office shall develop and coordinate Medicaid policy for the state.
As added by P.L.160-2012, SEC.18. Amended by P.L.109-2014, SEC.17.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-5. Rules

Sec. 5. The secretary may adopt rules under IC 4-22-2 to implement this chapter and the state Medicaid program.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-6. Administrative Adjudication; Secretary; Ultimate Authority

Sec. 6. (a) For purposes of IC 4-21.5, the secretary is the ultimate authority for the state Medicaid program.
(b) The secretary shall adopt rules under IC 4-22-2 to specify any additional necessary procedures for administrative review of an agency action under IC 4-21.5 and the state Medicaid program.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-7. Written Memorandum of Understanding; Division of Mental Health and Addiction

Sec. 7. The office and the division of mental health and addiction shall develop a written memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and treatment for individuals with a mental illness.
(2) Responsibilities to educate and inform vendors of the proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability and audits for mental health services.
(5) That the division shall recommend options and services to be reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., individuals with a mental illness cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.
(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for individuals with a mental illness.
(8) That the division shall develop rate setting policies for medical assistance services for individuals with a mental illness.
(9) Policies to facilitate communication between the office and the division.
(10) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of mental health services.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-8. Written Memorandum of Understanding; Division of Disability and Rehabilitative Services

Sec. 8. The office and the division of disability and rehabilitative services shall develop a written memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and treatment for individuals with a developmental disability and long term care recipients.
(2) Responsibilities to educate and inform vendors of the proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability and audits for developmental disability and long term care services.
(5) That the division shall recommend options and services to be reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., individuals with a developmental disability and long term care recipients cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.
(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for individuals with a developmental disability and long term care recipients.
(8) That the division shall develop rate setting policies for medical assistance services for individuals with a developmental disability and long term care recipients.
(9) That the office, with the assistance of the division, shall apply for waivers from the United States Department of Health and Human Services to fund community and home based long term care services as alternatives to institutionalization.
(10) Policies to facilitate communication between the office and the division.
(11) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of developmental disability or long term care services.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-9. Written Memorandum of Understanding; Department of Child Services; Division of Family Resources

Sec. 9. The office, the division of family resources, and the department of child services shall develop a written memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and treatment for recipients served by the division.
(2) Responsibilities to educate and inform vendors of the proper billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability and audits for services administered by the division.
(5) That the division shall recommend options and services to be reimbursed under the Medicaid state plan.
(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., recipients served by the division cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.
(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for recipients served by the division.
(8) That the division shall develop rate setting policies for medical assistance services administered by the division.
(9) Policies to facilitate communication between the office and the division.
(10) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of services.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-10. Reduction of Reimbursement Rates; Over the Counter Drugs; Schedules; Strategies; Case Management

Sec. 10. (a) The office shall reduce reimbursement rates for over-the-counter drugs by ten percent (10%) not later than July 1, 2001.
(b) The office shall implement a Maximum Allowable Cost schedule for off-patent drugs not later than November 1, 2001.
(c) Not later than January 1, 2002, the office shall implement an information strategy directed to high volume prescribers.
(d) Beginning July 1, 2002, the office shall phase in case management for aged, blind, and disabled Medicaid recipients.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-11. Emergency Rules; Reduction in Expenditures to Reflect 2003 Budget Act

Sec. 11. The office shall adopt emergency rules under IC 4-22-2-37.1 to achieve the reductions needed to avoid expenditures exceeding the Medicaid appropriation made by P.L.224-2003 in the line item appropriation to the FAMILY AND SOCIAL SERVICES ADMINISTRATION, MEDICAID - CURRENT OBLIGATIONS. To the extent that reductions are made to optional Medicaid services as set forth in 42 U.S.C. 1396 et seq., the reductions may be accomplished on a pro rata basis with each optional service being reduced by a proportionate amount. However, the reductions may not be made in a manner that results in the elimination of any optional Medicaid service.
As added by P.L.160-2012, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-12. Effect of Hospital Assessment Fees Imposed Under p.l. 229-2011, Section 281

Sec. 12. (a) As used in this section, "SECTION 281" refers to P.L.229-2011, SECTION 281.
(b) Notwithstanding the expiration of SECTION 281, the office of Medicaid policy and planning may:
(1) collect an unpaid hospital assessment fee under SECTION 281 owed by a hospital;
(2) refund a hospital assessment fee paid by the hospital under SECTION 281;
(3) make payments for programs described in subsection (f) of SECTION 281;
(4) make payments to hospitals in accordance with subsection (m) of SECTION 281; and
(5) make payments to private psychiatric institutions in accordance with subsection (o) of SECTION 281;
at any time, including after the expiration of SECTION 281.
(c) The office of Medicaid policy and planning may:
(1) collect an unpaid hospital assessment fee under IC 16-21-10 owed by a hospital;
(2) refund a hospital assessment fee paid by a hospital under IC 16-21-10;
(3) make payments for programs described in IC 16-21-10-8(a);
(4) make payments under IC 16-21-10-11; and
(5) make payments under IC 16-21-10-13;
at any time, including after the hospital assessment fee ceases to be collected under IC 16-21-10.
As added by P.L.205-2013, SEC.181.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-13.5. Report Concerning Medicaid Reimbursement Rates

Sec. 13.5. (a) Before November 1, 2023, the office of the secretary shall research and compile data concerning the following:
(1) The total Medicaid reimbursement for:
(A) inpatient hospital services;
(B) outpatient hospital and clinical services; and
(C) professional hospital services;
distinguishing base rates, supplemental payment rates, and any other payment that contributes to total Medicaid reimbursement for Indiana and all states in the United States.
(2) The national average Medicaid reimbursement rate for the services described in subdivision (1).
(b) Not later than December 1, 2023, the office shall prepare a report of the office's findings under subsection (a) and submit the report to:
(1) the health care cost oversight task force established by IC 2-5-47; and
(2) the general assembly in an electronic format under IC 5-14-6.
The report must include base Medicaid reimbursement rates for each state and a comparison with Indiana base Medicaid reimbursement rates.
(c) This section expires January 1, 2024.
As added by P.L.203-2023, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 6.5. Office of Medicaid Policy and Planning › 12-8-6.5-14. Establishment of Doula Reimbursement Advisory Board; Members

Sec. 14. (a) As used in this section, "board" refers to the doula reimbursement advisory board established by subsection (b).
(b) The doula reimbursement advisory board is established for the purpose of making recommendations to the office of the secretary regarding appropriate reimbursement methodologies for doula services.
(c) The board is comprised of the following members:
(1) Four (4) legislative members appointed as follows:
(A) One (1) member of the senate, appointed by the president pro tempore of the senate.
(B) One (1) member of the senate, appointed by the minority leader of the senate.
(C) One (1) member of the house of representatives, appointed by the speaker of the house of representatives.
(D) One (1) member of the house of representatives, appointed by the minority leader of the house of representatives.
(2) Nine (9) lay members appointed as follows, subject to subsections (d) and (e):
(A) One (1) member appointed by the governor.
(B) One (1) member appointed by the president pro tempore of the senate.
(C) One (1) member appointed by the minority leader of the senate.
(D) One (1) member appointed by the speaker of the house of representatives.
(E) One (1) member appointed by the minority leader of the house of representatives.
(F) One (1) member appointed by the secretary.
(G) One (1) member appointed by the state health commissioner.
(H) One (1) member appointed by the director of the department of child services.
(I) One (1) member appointed by the chief operating officer of the Indiana Minority Health Coalition.
(d) A lay member of the board must be a doula, doula administrator, or other birthing professional.
(e) The lay membership of the board must be racially and ethnically diverse.
(f) In making recommendations to the office of the secretary under subsection (b), the board shall study and take into account doula reimbursement methodologies used by other states.
As added by P.L.180-2022(ss), SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 7. Repealed

[Pre-1992 Revision Citations:
12-8-7-1formerly 12-6-7-112-8-7-2formerly 12-6-7-212-8-7-3formerly 12-6-7-312-8-7-4formerly 12-6-7-412-8-7-5formerly 12-6-9-1.]
Repealed by P.L.253-1997(ss), SEC.44.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-0.3. Legalization of Certain Actions

Sec. 0.3. (a) Actions taken under IC 12-8-8 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.
(b) Actions taken under IC 12-8-8 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-8 had not expired on June 30, 2011.
As added by P.L.160-2012, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-1. Appointment; Termination

Sec. 1. Subject to the approval of the governor, the secretary:
(1) shall appoint each director; and
(2) may terminate the employment of a director.
As added by P.L.160-2012, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-2. Chief Administrator; Responsibility

Sec. 2. (a) A director is the chief administrator of the director's division.
(b) A director is responsible to the secretary for the operation and performance of the director's division.
As added by P.L.160-2012, SEC.19.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-3. Appointing Authority; Delegation

Sec. 3. (a) The secretary is the appointing authority for the division.
(b) The secretary may delegate a division director or other employee of the office of the secretary to make division appointments and decisions concerning current appointments.
(c) Except as provided in subsection (d), the secretary is the appointing authority for the office of family and social services, including the divisions, offices, and institutions of the office of family and social services.
(d) The secretary may delegate the appointing authority for a division, office, institution, or other group of employees subject to IC 4-15-2.2.
(e) The delegation of the appointing authority under subsection (d) may affect the procedure and the division, office, institution, or other group of employees affected by actions under IC 4-15-2.2-40.
As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.2; P.L.35-2016, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-4. Rules

Sec. 4. (a) The secretary may adopt rules under IC 4-22-2 relating to the operation of the division and to implement the programs of the division.
(b) Whenever a division is required to adopt rules under IC 4-22-2, the secretary is the statutory authority that adopts the rules.
(c) Rules adopted by a division before July 1, 2015, are considered, after June 30, 2015, rules of the secretary.
As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 8.5. Divisions and Directors › 12-8-8.5-5. Administrative Adjudication; Designation of Ultimate Authority

Sec. 5. (a) The secretary is the ultimate authority under IC 4-21.5 for purposes of the operation of the division and the programs of the division.
(b) The secretary may delegate an individual to serve as the ultimate authority.
As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.4; P.L.35-2016, SEC.10.
2023 Indiana Code › Title 12. Human Services › Article 8. Administering Family and Social Services › Chapter 9. Repealed

[Pre-1992 Revision Citations:
12-8-9-1formerly 12-6-9-212-8-9-2formerly 12-6-9-312-8-9-3formerly 12-6-9-412-8-9-4formerly 12-6-9-512-8-9-5formerly 12-6-9-1.]
Repealed by P.L.11-1993, SEC.9.