reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-2 - Criteria for authorization; procedural manual; private services not precluded

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 2.
(a) Pursuant to IC  12-5-7
[IC 12-5 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]
, this rule
[470 IAC 12]
establishes procedures for prior review, and approval, conditional approval or denial, of requests for authorization of covered medical services.
(b) When acting upon requests, the department will consider the diagnosis and clinical summary of the individual, and the nature, duration and cost of the requested services, and will authorize only those that are requested by a physician or dentist and an official of an agency or institution, and are determined by licensed medical personnel of the department to be medically necessary and reasonable. For the purposes of this rule
[470 IAC 12]
, medically necessary and reasonable services are those which medical staff personnel of the SDPW 590 element determine, under the circumstances of each case, to be essential to the restoration or maintenance of physical or mental health.
(c) Each affected agency will be responsible for developing and maintaining a procedures manual which prescribes their policies for processing the request for and delivery of medical services.
(d) This rule
[470 IAC 12]
does not preclude any medical service from being provided at the expense of persons or entities other than the state of Indiana.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-3 - Request forms

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 3.
(a) Requests for medical services must be made on forms specified by the department, using procedures developed by the department.
(b) Request forms shall contain such information as the department deems necessary to implement the provisions of IC  12-5-7
[IC 12-5 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]
.
(c) The department is not required to review any request form which is not properly signed and co-signed, and which has not been completed in its entirety. Request forms shall be returned without action if they are incomplete, illegible, or if they bear rubber-stamp; facsimile; machine-drawn, or any other substitute signature.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-4 - Provider agreements

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 4.
A licensed provider of medical services may participate under this rule
[470 IAC 12]
upon signing a provider agreement. This agreement will not obligate the provider to participate in Title XIX of the Social Security Act. Said agreement shall include, among other provisions, assignment of a provider number, standards of provider performance, sanctions for provider abuses, and grounds for cancellation of the provider agreement.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-5 - Review of requests

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 5.
The department will review each request, and approve, conditionally approve, or deny same, without unnecessary delay. The department's decision will be made within ten (10) working days after it has received necessary documentation. If the original request is incomplete, or if additional information is required to clarify or supplement the request, the ten (10) day period shall begin upon receipt of such additional information.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-6 - Emergency services

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 6.
(a) The provider shall be compensated for emergency services if:
(1) The services are provided to an eligible individual requiring the treatment of a medical or surgical emergency, the nature of which precludes submission of a request to the SDPW 590 element.
(2) The services are provided to an eligible individual whose condition which, though not a bonafide medical or surgical emergency, is such that delay of immediate medical attention would cause deterioration of the patient's condition. This provision does not authorize any service which safely can be delayed pending SDPW 590 element approval of a request.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-7 - Authorization, denial, or conditional approval; notice

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3; IC  12-16-1-3
Affected: IC  12-16-1
Sec. 7.
(a) A request may be approved, denied, or conditionally approved. Conditional approval authorizes a service subject to the SDPW 590 element limitations on the nature, extent, duration or cost of the service.
(b) The department shall give prompt notice of any approval, denial or conditional approval to the affected agency having jurisdiction over the eligible individual, and it shall be the responsibility of such affected agency to promptly notify the eligible individual of the department's action.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-8 - Appeals

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-16-1-3
Affected: IC 12-16-1
Sec. 8.
(a) The department's action in denying a request for covered medical services, or in granting conditional approval of such request, may be appealed by the individual in whose behalf the request was made.
(b) A person or entity who has provided any covered medical service may appeal the department's denial of compensation for same.
(c) All appeals from department action under 470 IAC 12 shall be governed by the provisions of 470 IAC 1-4.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 12 - PRIOR REVIEW OF OFF-SITE MEDICAL SERVICES; DEPARTMENT OF CORRECTION, STATE BOARD OF HEALTH, AND DEPARTMENT OF MENTAL HEALTH › Rule 1 - Prior Review and Authorization of Requests for Off-Site Medical Services › Section 1-9 - Payment for services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3; IC 12-16-1-3
Affected: IC 12-15-30; IC 12-16-1
Sec. 9.
(a) The rate of payment for the services and materials provided under this rule
[470 IAC 12]
shall be the same as that applied to Title XIX services and materials pursuant to IC 12-1-7-17
[Repealed by Acts 1984, P.L. 80, SECTION 10. See IC 12-1-7-17.1]
, except that, when an estimate has been provided, and the estimate is lower than either the submitted charge or the Title XIX reimbursement rate (where available), the reimbursement will be in the amount of the estimate. Payment made under this rule
[470 IAC 12]
shall be considered payment in full.
(b) Claims for payment shall be submitted on forms specified by the department. Claims shall be denied if they do not include all the information required by the department, or if they cover services which have not been approved by the department.
(c) A provider shall not bill this program more than the usual and customary charge to the provider's private pay customers.
(d) The procedure provided in 470 IAC 5-1-3.6
[ 405 IAC 1-1-5 ]
for recovery of overpayments shall apply to the recovery of overpayments made to providers under this rule
[470 IAC 12]
.
(e) The provisions of 470 IAC 5-5-1
[ 405 IAC 1-5-1 ]
respecting maintenance of records shall apply to providers of covered medical services under this rule
[470 IAC 12]
.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 1.
(a) "Adults" means individuals who are age eighteen (18) or older.
(b) "Applicant" means an individual who makes formal application for or makes a request for social services.
(c) "Board" means the interdepartmental board for the coordination of human service programs.
(d) "Children" means individuals who are less than eighteen (18) years of age.
(e) "Family", for income eligibility purposes, means one (1) or more adults and children, if any, related by blood or law or otherwise living as a family unit and residing in the same household. Where adults, other than spouses, reside together, each is considered a separate family. Emancipated minors and children living under the care of individuals not responsible for that care are considered one-person families.
(f) "Necessary rates" are rates that are based upon costs which are usual and customary for the provision of the service being performed.
(g) "Provider" means the social service entity (individual, firm, partnership, corporation, state or local governmental unit, company, or association) under contract to provide social services.
(h) "Reasonable rates" are rates that are comparable and competitive with the going rate for comparable services in the locality where services are to be provided. If there are no other providers in the geographic area, reasonable and necessary rates are rates that are comparable and competitive on a statewide basis.
(i) "Recipient" means an eligible applicant who actually receives social services.
(j) "Social services" means services purchased using Federal Social Services Block Grant Act funds and state and local funds.
(k) "Social Services Block Grant Act ( 42 U.S.C. 1397 )" means payments made to the state pursuant to Title XX of the Social Security Act (Sec. 1397(a)(1)), and within 490 IAC 2 the term is synonymous with the term SSBG Act.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-1 ) to the Division of Family and Children ( 470 IAC 13-1-1 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-2 - Service development

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 2.
The board shall, on an annual basis, define and describe in detail the services to be purchased with SSBG Act funds.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-2 ) to the Division of Family and Children ( 470 IAC 13-1-2 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-3 - Purchase of services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 3.
The following requirements apply to the purchase of services:
(1) The board authorizes the director of the social services fiscal office to enter into contracts for purchase of service on behalf of the board.
(2) Except for county departments of public welfare, the purchase of social services shall be made through written contracts which specify types of services to be provided, measurable service units, unit rates of reimbursement, units to be provided, total dollars, eligible categories of recipients, service delivery sites, and fiscal and program responsibilities. For county departments of public welfare, contracts shall specify types of services to be provided, eligible categories of recipients, total dollars, and fiscal and program responsibilities.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-3 ) to the Division of Family and Children ( 470 IAC 13-1-3 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-4 - Payment for services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 4.
Except when approved by the board, payment for social services purchased under contract shall be made on a reimbursement basis after services have been rendered to individual recipients. Except for county departments of public welfare, reimbursements shall be made for documented units of service provided to eligible recipients. For county departments of public welfare, reimbursements shall be based upon an approved cost allocation plan.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-4 ) to the Division of Family and Children ( 470 IAC 13-1-4 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-5 - Rates of payment

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 5.
Rates of payment for units of social services purchased shall be reasonable and necessary for performance of services delivered, for maintenance of sound business practices, and for fulfilling the purpose of the service. Providers shall maintain records which support costs of service provision and methods used to establish rates.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-5 ) to the Division of Family and Children ( 470 IAC 13-1-5 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-6 - Discrimination prohibited

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 6.
Contracted providers of social services shall comply with the requirements of the Civil Rights Act of 1964. Contracted providers shall not discriminate against any recipient or applicant for services under the contract or any employee or applicant for employment, to be employed in the performance of the contract with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of sex, race, color, religion, national origin, ancestry, or handicap.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-6 ) to the Division of Family and Children ( 470 IAC 13-1-6 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-7 - Nonsectarian services required

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 7.
Services under contract shall be nonsectarian in nature.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-7 ) to the Division of Family and Children ( 470 IAC 13-1-7 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-8 - Provider records; retention, review, and audit

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 8.
Contracted providers of social services shall retain all service delivery and documentation records, service applications, and financial books and records for a period of at least three (3) years subsequent to the end of each contract period. Said records shall be subject at all reasonable times to inspection, review and audit by any persons duly authorized by the board. Records under audit shall be retained until the audit is finalized.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-8 ) to the Division of Family and Children ( 470 IAC 13-1-8 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-9 - Documentation of delivery of services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 9.
Services provided under contract shall be documented on an individual recipient basis as services are delivered. The board delegates to the social services fiscal office responsibility for development of written procedures for proper methods of documentation. Such procedures will be provided to providers of social services.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-9 ) to the Division of Family and Children ( 470 IAC 13-1-9 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-10 - Payment for services conditioned upon availability of funds; recovery of payments; fees for services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 10.
The following financial requirements shall apply to the purchase of services:
(1) Payment for contracted services is subject to and conditioned upon the availability of SSBG Act funds; to the extent that:
(A) Should such funds be reduced, the board is under no obligation to pay for services rendered except to the extent that funds are available.
(B) Should such funds be denied the board pursuant to a financial or program audit of the board, the board may recover said funds by either setting off against amounts due and owing the contracted provider of social services under any current agreement or by demanding repayment from the contracted provider of social services.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-11 - Limitation on services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 11.
The following services limitations shall apply to the purchase of services.
(1) Except when temporary emergency shelter is provided as a protective service, room and board services shall be available only if room and board is a minor but essential adjunct to the service of which it is a part and is necessary to achieve the objective of that service.
(2) Except in family planning services, rehabilitation services or initial detoxification of a substance dependent individual, medical care shall be available only if medical care is a minor but essential adjunct to the service of which it is a part and is necessary to achieve the objective of that service.
(3) Child day care services shall be purchased under contract only if the provider is licensed by the state department of public welfare to provide child day care services.
(4) Educational services shall not be provided if such service is made available in local public school systems.
(5) Except services to substance dependent individuals or rehabilitation services, social services shall not be provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such an institution. Institutional employees includes staff, contractors, or other individuals whose activities are under the professional direction or direct supervision of the institution.
(6) Emergency shelter services shall be available as a protective service to children and adults who are in danger of abuse, neglect or exploitation for a period not to exceed thirty (30) days per episode for adults or thirty (30) days in a six (6) month period for children.
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs ( 490 IAC 2-1-11 ) to the Division of Family and Children ( 470 IAC 13-1-11 ) by P.L. 9-1991, SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 13 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT › Rule 1 - Administration › Section 1-12 - Eligibility for services

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13-10
Sec. 12.
(a) The board delegates responsibility to develop procedures necessary to determine eligibility for social services to the social services fiscal office.
(b) The board shall specify family income limits for services and whether documentation or declaration of income shall be permitted in eligibility determination.
(c) Social services recipients shall be residents of the state but there shall be no requirement as to duration of residence. Recipients who are temporary residents of the state shall be eligible for services. Transients are considered to be temporary residents.
(d) Prior to any reimbursement for social services, recipients shall be enrolled into the service by using forms and procedures prescribed by the social services fiscal office. When required, written applications shall be signed by the applicant or the applicant's authorized representative. If the applicant is incompetent, incapacitated, a minor, a ward of the court, or in emergency situations, an interested person or provider representative acting in behalf of the applicant may sign. For family planning services, all service recipients must sign the application to document that services are requested voluntarily.
(e) The provider shall determine each applicant's eligibility for services and shall complete the application form with information provided by or in behalf of the applicant.
(f) The following individuals shall be financially eligible for social services:
(1) individuals who receive aid to families with dependent children (AFDC), supplemental security income (SSI), or Medicaid benefits;
(2) individuals whose gross monthly family income is below income limitations specified by the board for each service;
(3) individuals who receive protective services specified by the board as being available without regard to income;
(4) individuals under age six (6) or age sixteen (16) or older who are mentally retarded or developmentally disabled for services specified by the board;
(5) individuals who are wards of the court or county department of public welfare for services specified by the board;
(6) individuals who are adjudicated delinquents and who are paroled or released from Indiana youth authority facilities or on probation status under juvenile court jurisdiction, adults and juvenile offenders in the custody of the department of correction, and adult offenders and ex-offenders for services specified by the board.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 15 - FUNERAL AND CEMETERY PROVIDERS › Rule 1 - Requirements for Funeral and Cemetery Providers › Section 1-1 - Processing of claims for reimbursement for funeral and cemetery expenses

Current through July 10, 2024
Authority: IC
				  12-13-5-3
Affected: IC
				  5-11-10-1; IC
				  12-14-17
Sec. 1.
(a) In order
				to receive payment for funeral and cemetery expenses under IC
				12-14-17, a provider must submit a
				claim as required in this section.
(b) A person or entity becomes a provider
				under this section when the person or entity is duly licensed, registered, or
				certified by the appropriate professional regulatory agency to provide funeral
				or cemetery services under state or federal law.
(c) To be eligible for payment, a provider
				must complete the following:
(1) Inform the
				division of family resources (DFR) of changes to its contact information
				through any of the following methods:
(A)
				Telephone.
(B) Facsimile.
(C) Email.
Indiana Administrative Code › Title 490 - INTERDEPARTMENTAL BOARD FOR THE COORDINATION OF HUMAN SERVICE PROGRAMS › Article 2 - FEDERAL SOCIAL SERVICES BLOCK GRANT ACT (TRANSFERRED)

Current through July 10, 2024
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs (490 IAC 2) to the Division of Family and Children (470 IAC 13) by  P.L. 9-1991,  SECTION 132, effective July 1, 1992.
Indiana Administrative Code › Title 490 - INTERDEPARTMENTAL BOARD FOR THE COORDINATION OF HUMAN SERVICE PROGRAMS › Article 3 - SCHOOL AGE CHILD CARE PROGRAM (TRANSFERRED)

Current through July 10, 2024
Transferred from the Interdepartmental Board for the Coordination of Human Service Programs (490 IAC 3) to the Division of Family and Children ( 470 IAC 3-4.6 ) by  P.L. 9-1991,  SECTION 133, effective July 1, 1992.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 20-12-21
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Academic year" means an
				approved institution's school year, usually two (2) semesters, three (3)
				quarters, or three (3) trimesters, but not including summer sessions.
(2) "Act" means IC 20-12-21
[IC 20-12
				was repealed by P.L. 2-2007, SECTION 390, effective July 1,
				2007.]
.
(3) "Allowable
				tuition and fees" means the tuition and fees upon which awards are based and
				shall be established annually by a resolution adopted by the commission under
				section 7 of this rule.
(4)
				"Application deadline" means the date on which paper applications for awards
				must be postmarked, or the date that electronic applications for awards must be
				received. The opening date for the application shall be January 1 of each year,
				and the closing date shall be March 1 of each year. The commission may
				establish other dates due to budgetary constraints. The closing date may be
				extended by a reasonable period of time as determined by the commission to
				allow time for mail delivery or, if funds are available, to make awards to
				those who did not file by the deadline.
(5) "Application period" means the period of
				time that applications for awards are accepted.
(6) "Approved application" means the Free
				Application for Federal Student Aid (FAFSA).
(7) "Approved institution" means institutions
				of higher learning as defined in IC 20-12-21-3
[IC 20-12 was repealed by
				P.L. 2-2007, SECTION 390, effective July 1, 2007.]
. All approved
				institutions must have active Title IV participation agreements with the United
				States Department of Education and active program participation agreements with
				the commission.
(8) "Award" means
				any monetary grant made by the commission from appropriations for Higher
				Education Awards and Freedom of Choice grants, federal funds, or other
				appropriations, grants, gifts, or bequests.
(9) "Award notification" means a notice from
				the commission informing eligible applicants of their state award
				status.
(10) "Citizen" means a
				person:
(A) born in the United
				States;
(B) born abroad of parents
				who are United States citizens; or
(C) who has been naturalized.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-2 - Program administration

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 20-12-21
Sec. 2.
Consistent with IC 20-12-21
[IC 20-12 was repealed by
				  P.L. 2-2007, SECTION 390, effective July 1, 2007.]
and this rule and
				  acting on behalf of the commission, the executive director, or an authorized
				  designee, may do the following:
(1)
				Accept federal or other grants, or both, bequests, and gifts from any entity,
				public or private, for use in the grant and scholarship programs.
(2) Establish administrative policies
				necessary to carry out the purposes of IC 20-12-21
[IC 20-12 was
				repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.]
and
				this rule.
(3) Determine the
				eligibility of applicants for awards and scholarships.
(4) Calculate or recalculate awards, if
				necessary, for all eligible applicants.
(5) Disburse funds to approved institutions
				to be administered on behalf of individual recipients.
(6) Inspect and audit commission-related
				grant and scholarship funds and records maintained by the approved
				institutions.
(7) Enter into
				agreements with approved institutions for participation in the commission's
				grant and scholarship programs.
(8)
				Revise, suspend, or withdraw awards offered to any applicant.
(9) Consider an enactment of the general
				assembly as an automatic revision of this rule.
(10) Request information for an applicant
				from any source necessary in order to determine or clarify the eligibility or
				financial need of the applicant.
(11) Establish that the opening date for the
				application shall be January 1 of each year and the closing date shall be March
				1 of each year unless the commission establishes other dates. The closing date
				may be extended by a reasonable period of time as determined by the executive
				director or the appropriate designee to allow time for mail delivery. Unless
				the commission establishes other dates, applications filed electronically must
				be received electronically by March 1.
(12) May deem eligible any applicant
				supplying an electronic confirmation by the United States Department of
				Education's application servicer or a United States postal service certificate
				of mailing, return receipt, or certified or registered mail receipt that proves
				the application was filed on or before the closing date established by the
				commission.
(13) With approval of
				the commission, withhold or reduce distributions of state grant funds from an
				approved institution that:
(A) fails to comply
				with the provisions of the program regulations; and
(B) shows an unwillingness to negotiate in
				good faith on matters of dispute.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-3 - Hoosier scholar guidelines

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 20-12-21-20
Sec. 3.
The following guidelines apply to the commission's
				  designation of hoosier scholars under IC 20-12-21-20
[IC 20-12 was
				  repealed by P.L. 2-2007, SECTION 390, effective July 1, 2007.]
:
(1) For eligibility, a nominee must meet the
				following requirements:
(A) Be a senior at an
				Indiana high school approved by the commission.
(B) Rank in the top twenty percent (20%) of
				their graduating class, with rank to be determined by each high
				school.
(C) Be physically domiciled
				in the state at the time of nomination. Parents and legal guardians of a
				dependent student must also be domiciled in the state at the time the student
				is nominated in high school.
(D) Be
				a United States citizen or hold classification as an eligible
				noncitizen.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-4 - Eligibility standards

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 20-12-21
Sec. 4.
To be eligible for an award, an applicant shall meet the
				  following requirements:
(1) For
				purposes of eligibility, an applicant must have:
(A) graduated from a program of instruction
				at a secondary school. A student who leaves an Indiana public high school with
				a certificate of completion, as opposed to high school diploma, is not
				considered a high school graduate for state grant purposes; or
(B) received a general education development
				(GED) diploma; or
(C) been admitted
				to an approved institution in an early admissions or accelerated learning
				program leading to an associate's or bachelor's degree.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-5 - Dependent and independent student status

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12
Sec. 5.
(a) The
				commission shall classify applicants for awards into the categories of
				dependent or independent.
(b) With
				the exception of the conditional provisions identified in section 6 of this
				rule, an independent student is any applicant who is:
(1) twenty-four (24) years of age or older as
				of the following December 31 of the award year; or
(2) less than twenty-four (24) years of age
				as of the following December 31 of the award year, who:
(A) is an orphan whose natural or adoptive
				parents are deceased;
(B) is a ward
				of a court or was a ward of the court until the individual reached the age of
				18;
(C) is a veteran who has
				engaged in the active duty in the U.S. Army, Navy, Air Force, Marines, or Coast
				Guard and was released under a condition other than dishonorable;
(D) is an individual with legal dependents
				other than a spouse; or
(E) is
				married on or before the date of filing a need analysis application.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-6 - Determination of parental contribution and expected family contribution

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12-3-6
Sec. 6.
(a) Federal
				methodology, as specified by resolution of the commission, shall be used to
				determine the parental contribution (PC) and expected family contribution
				(EFC). Both the PC and EFC shall always be calculated on the basis of actual
				income for the calendar year prior to the beginning of an application period
				and assets at the time of application, except as the commission may otherwise
				direct. Absent specific legislative language to the contrary, the commission
				may adjust the methodology due to budgetary constraints.
(b) For a dependent student, the PC figure
				shall be derived from the parental data submitted on an approved application by
				the applicant. Also, if the applicant's parents are separated or divorced at
				the time of application, only the prior year's income and current household and
				asset information of the parent with whom the student lived the most during the
				last twelve (12) months, or, if the student lived with each parent an equal
				number of days, of the parent who provided the most financial support during
				the last twelve (12) months or during the most recent calendar year that
				support was received shall be considered, including the following:
(1) The executive director or designee may
				require an applicant to obtain a notarized statement from his or her parents
				that affirms that the parents were divorced or separated on the date the
				application was filed.
(2) If the
				custodial parent is not a resident of Indiana, but the noncustodial parent is
				an Indiana resident, the commission shall treat the student as an Indiana
				resident. In this instance, the financial, household, and asset information of
				the custodial parent will be used to determine the student's eligibility for an
				award.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-7 - Schedule of allowable tuition and regularly assessed fees

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12-3; IC 21-12-4-4
Sec. 7.
Unless otherwise approved by the commission, the commission's
				  awards shall be directly related to actual tuition and regularly assessed fees
				  charged to students by the approved institutions. Applicants are only eligible
				  for one (1) academic year's worth of state assistance within a twelve (12)
				  month period. For purposes of establishing the tuition and fee basis for its
				  awards, the commission annually shall do the following:
(1) Collect tuition and fee information for
				the academic year in which an application period falls from each approved
				institution.
(2) Compute tuition
				charges for an academic year on the basis of actual credit hours if greater
				than eleven (11) or a maximum of fifteen (15) credit hours times the number of
				enrollment periods in an academic year.
(3) Add to the computed tuition figure all
				regularly assessed fees.
(4)
				Develop a schedule showing allowable tuition and fees for each approved
				institution.
The commission annually shall adopt a schedule of allowable
				  tuition and fees.
Transferred from the State Student Assistance Commission (
					 585 IAC 1-9-7 ) to the Commission for Higher Education of the State of Indiana
					 ( 500 IAC 1-1-7 ) by IC
					 21-18.5-1-2(c),
					 effective July 1, 2012.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-8 - Minimum and maximum awards

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12-3; IC 21-12-4-4
Sec. 8.
The maximum award offered to applicants shall not exceed the
				  amount authorized by the general assembly in the biennial appropriations bill.
				  In the absence of specific instructions from the general assembly, unless
				  otherwise approved by the commission, the maximum shall not exceed the lesser
				  of:
(1) the actual tuition and
				mandatory fees from the schedule adopted by the commission;
(2) the actual fees charged students if less
				than the schedule adopted by the commission; or
(3) the sum of:
(A) the highest actual tuition and mandatory
				fees charged to students at a public institution of higher learning for the
				academic year in which the application period falls; and
(B) the lowest appropriation per full-time
				student equivalent (FTE) made by the general assembly to a public institution
				of higher learning for the academic year in which the application period falls.
The minimum award that shall be offered to applicants shall
				  be established annually by a resolution adopted by the
				  commission.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-9 - Computation and adjustment of potential awards

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12-3; IC 21-12-4-4
Sec. 9.
The commission shall compute awards in the manner in which
				  the general assembly directs in the biennial appropriations bill. In the
				  absence of specific instructions from the general assembly, unless otherwise
				  approved by the commission, the following calculation shall be used:
(1) Potential award is a percentage of the
				tuition and regularly assessed fees minus PC for dependent applicants and EFC
				for independent applicants. Applicants who graduated from an Indiana high
				school in 1998 or beyond with a Core 40 diploma and a 2.0 grade point average,
				and applicants who graduated from an Indiana high school in 1997 or beyond with
				an academic honors diploma and a 3.0 grade point average may qualify for higher
				awards levels than those who graduate from high school without Core 40 or
				academic honors diploma credentials.
(2) When potential awards for all eligible
				students exceed available funds, the commission shall reduce the award amounts
				on a pro rata basis.
(3) Based on
				prior year acceptances of awards offered to applicants, the commission may
				offer awards in a total amount greater than available funds to ensure the
				maximum possible utilization of grant funds.
Transferred from the State Student Assistance Commission (
					 585 IAC 1-9-9 ) to the Commission for Higher Education of the State of Indiana
					 ( 500 IAC 1-1-9 ) by IC
					 21-18.5-1-2(c),
					 effective July 1, 2012.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-10 - Applicant's right of appeal

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 4-21.5; IC 21-12-3
Sec. 10.
(a) When the
				commission determines that an applicant is ineligible for award consideration
				for reasons specified in IC 20-12-21-6, IC 20-12-21-6.1, and IC
				20-12-21-7
[IC 20-12 was repealed by P.L. 2-2007, SECTION 390, effective
				July 1, 2007.]
or this rule, to the extent practicable, the commission
				shall attempt to notify the applicant at the address on record of the denial
				and of the period of time an applicant has to provide requested data or appeal
				the denial.
(b) An applicant who
				has been denied may appeal the action in the following manner:
(1) An appeal must be made in writing to the
				director of the grant division. Relevant documentation must accompany the
				written appeal and be submitted within thirty (30) days of the date the
				commission sent an edit letter to the student notifying them of their
				ineligibility for state grant assistance.
(2) Decisions made by the director of the
				grant division regarding the applicant's appeal shall be in writing and shall
				be mailed to the applicant making the appeal.
(3) An appeal decision rendered by the
				director of the grant division may be appealed in writing to the executive
				director.
(4) Decisions made by the
				executive director regarding the applicant's appeal shall be in writing and
				shall be mailed to the applicant making the appeal.
(5) An appeal decision rendered by the
				executive director may be appealed to the appointed members of the
				commission.
(6) Appeals to the
				appointed members of the commission shall be heard at a regular meeting or a
				specially called meeting. An applicant appealing to the commission is entitled
				to advance notice of the date, time, and place of the hearing. The applicant
				shall receive a copy of the official minutes that contain the decision made by
				the commission on the appeal.
(7)
				An appeal that has been denied by the commission shall be final within the
				meaning of IC 4-21.5.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-11 - Adjusted or withdrawn awards

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-12-3-7
Sec. 11.
(a) The
				commission shall recalculate, adjust, or withdraw awards in any of the
				following circumstances:
(1) A recipient makes
				a change of school choice.
(2) A
				recipient fails to make in writing a change of school choice within thirty (30)
				days from the end of the last day of classes in any enrollment period at the
				chosen school.
(3) A recipient
				enrolled in an institution ceases for any reason to be a student in good
				standing. If, under its current standards, a fee or charge that has been paid
				as part of an award would otherwise be remissible by the institution to the
				student, the fee or charge shall be remissible to the commission.
(4) A recipient is simultaneously enrolled
				full time in more than one (1) institution.
(5) An approved institution submits changes
				in a recipient's PC and/or EFC.
(6)
				Inaccurate or falsified data is intentionally submitted in an effort to affect
				the applicant's eligibility for award consideration.
(7) A recipient fails to maintain
				satisfactory academic progress as defined by each approved
				institution.
(8) A recipient owes a
				Pell grant overpayment and/or is in default of any educational loan.
(9) A recipient has obtained a prior
				bachelor's degree.
(10) A recipient
				owes repayment of any federal or commission-administered student aid.
(11) It is found that a recipient is not a
				United States citizen or is not considered an eligible noncitizen under section
				4(6) of this rule.
(12) The parents
				of a dependent student remove their permanent, continuous, and principal place
				of residence from Indiana after the beginning of the academic year; the
				recipient will not be eligible for award usage in subsequent academic
				years.
(13) A recipient is a
				graduating senior and enrolled less than full time during the final term prior
				to graduation.
Indiana Administrative Code › Title 500 - COMMISSION FOR HIGHER EDUCATION OF THE STATE OF INDIANA › Article 1 - ADMINISTRATION OF SCHOLARSHIP AND GRANT PROGRAMS › Rule 1 - Grant and Scholarship Programs › Section 1-12 - Fraud and misrepresentation

Current through July 10, 2024
Authority: IC 21-18.5-4-9
Affected: IC 21-11
Sec. 12.
(a) When the
				commission receives evidence of fraud or willful misrepresentation on the part
				of a recipient, the commission shall withdraw the recipient's award and notify
				the recipient's approved institution of its action.
(b) The executive director or designee is
				authorized to present evidence of fraud or willful misrepresentation to the
				attorney general of Indiana or to the prosecuting attorney of the county in
				which a recipient resides and request consideration of civil action or criminal
				charges, or both.
Transferred from the State Student Assistance Commission (
					 585 IAC 1-9-13 ) to the Commission for Higher Education of the State of Indiana
					 ( 500 IAC 1-1-12 ) by IC
					 21-18.5-1-2(c),
					 effective July 1, 2012.