Bill Text: IN SB0295 | 2010 | Regular Session | Engrossed
Bill Title: Family and social services.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2010-02-22 - Committee report: amend do pass, adopted [SB0295 Detail]
Download: Indiana-2010-SB0295-Engrossed.html
Citations Affected: IC 2-5; IC 4-1; IC 4-13; IC 4-21.5; IC 12-7;
IC 12-8; IC 12-9.1; IC 12-10; IC 12-11; IC 12-14; IC 12-15;
IC 12-17.2; IC 12-21; IC 12-23; IC 12-24; IC 16-39; IC 34-30;
IC 35-46; noncode.
Effective: Upon passage; July 1, 2010.
(HOUSE SPONSOR _ BROWN C)
January 11, 2010, read first time and referred to Committee on Health and Provider
Services.
January 28, 2010, amended, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 50, nays 0.
February 9, 2010, read first time and referred to Committee on Public Health.
February 22, 2010, amended, reported _ Do Pass.
Digest Continued
Establishes the office of quality control within the division and sets forth the office's duties. Requires the office to: (1) with the budget agency, project the costs and savings of required changes; and (2) report to the budget committee and the legislative council on the status of implementing the required changes. Requires the office to post specified material on the office's web site. Requires the division on aging to establish a provider network and a program and standards for providers of home and community based services for persons in the CHOICE program. Authorizes the director of the division of aging and the bureau of developmental disabilities to issue certain notice orders against a provider that violates rules issued by the division for a program in which the provider is providing services. Provides the agency with flexibility in the management of certain program funding, and prohibits the division of aging from imposing restrictions that are not in the division's contract with an agency. Requires the dissemination of specified information as part of: (1) a nursing facility's notification to applicants; (2) the nursing facility preadmission screening program; and (3) the hospital discharge process. Allows spouses and parents of individuals who are at risk of being institutionalized to provide attendant care services, and limits the amount of services that can be reimbursed. Allows certain individuals who were convicted of a drug offense but have not been convicted of another drug offense in the previous 5 years to receive food stamps. Provides an exception to the 5 year prohibition to individuals who are receiving treatment and drug and alcohol testing. Allows an area agency on aging to make presumptive eligibility determinations for the aged and disabled Medicaid waiver under specified circumstances. Provides for a part of specified federal dollars to be disbursed to local programs that provide prevention and treatment services to individuals who have been diagnosed with chronic substance abuse and dependence and are without significant or immediate treatment needs. Requires a family to receive a cash assistance benefit of at least $10 under the Temporary Assistance for Needy Families (TANF) program if certain income standards and employment earnings are met. Specifies that access to a child support enforcement program and IMPACT (JOBS) training program are included as TANF services for certain eligible families. Changes the time frame in which certain Medicaid notices or bulletins may become effective, from 45 days to 30 days, after issuance. Specifies that certain recreation programs for school age children may be exempt from licensure requirements. Removes language that specifies staffing requirements for the Evansville State Hospital and the Evansville State Psychiatric Treatment Center for Children. Establishes the council for Evansville state hospitals. Requires the release of certain mental health care information in certain circumstances. Transfers administrative rules concerning aging to the division of aging. Repeals: (1) a provision that requires the adult protective services unit and the division of aging to destroy any records concerning a report concerning an endangered adult that is unsubstantiated; and (2) the definition of "case management".Requires the office of the secretary of family and social services to make certain calculations of savings, use the calculated savings, and ensure that costs for services do not exceed funding available. Makes technical changes.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Chapter 31. Committee on the Administration of Public Assistance
Sec. 1. As used in this chapter, "committee" refers to the committee on the administration of public assistance established by section 3 of this chapter.
Sec. 2. As used in this chapter, "public assistance" refers to the following:
(1) The federal Supplemental Nutrition Assistance Program (SNAP).
(2) The Temporary Assistance for Needy Families (TANF) program.
(3) The Medicaid program.
Sec. 3. The committee on the administration of public assistance is established.
Sec. 4. (a) The committee consists of the following members:
(1) Four (4) members of the house of representatives appointed by the speaker of the house of representatives, not more than two (2) of whom may be from the same political party.
(2) Four (4) members of the senate appointed by the president pro tempore of the senate, not more than two (2) of whom may be from the same political party.
(b) If a vacancy on the committee occurs, the person who appointed the member whose position is vacant shall appoint an individual to fill the vacancy using the criteria set forth in subsection (a).
(c) In 2010, the speaker of the house of representatives shall appoint one (1) of the legislative members appointed by the speaker as the chairperson of the committee for a two (2) year period. In 2012, the president pro tempore of the senate shall appoint one (1) of the legislative members appointed by the president pro tempore as the chairperson of the committee for a two (2) year period. Subsequently, the speaker of the house of representatives and the president pro tempore of the senate shall alternate appointing the chairperson every two (2) years.
Sec. 5. The committee shall do the following:
(1) Review the administration of public assistance in Indiana, including the process of making eligibility determinations.
(2) Take public testimony on problems or concerns concerning the administration of public assistance in Indiana.
(3) Receive:
(A) testimony;
(B) responses to committee questions; and
(C) updates;
concerning changes in the public assistance eligibility process in Indiana from the secretary of family and social services, or the director of the office of quality control if the secretary is unavailable.
(4) Make recommendations concerning any changes that the committee considers necessary.
Sec. 6. Five (5) committee members constitute a quorum. The affirmative votes of at least five (5) committee members are necessary for the committee to take official action.
Sec. 7. The legislative services agency shall provide administrative support for the committee.
Sec. 8. (a) The committee shall meet at the call of the
chairperson. Beginning April 1, 2010, the committee shall meet at
least one (1) time every sixty (60) days.
(b) Except as provided in subsection (c) and section 9 of this
chapter, the committee shall operate under the policies governing
study committees adopted by the legislative council. The committee
shall file an annual report with the legislative council and the
general assembly in an electronic format under IC 5-14-6 if official
action is taken by the committee.
(c) Beginning April 1, 2010, the committee may meet at any time
during the calendar year.
Sec. 9. A member of the committee is not entitled to salary per
diem, travel reimbursement, or other expenses incurred in
connection with the member's duties on the committee.
Sec. 10. The secretary of family and social services, or the
director of the office of quality control established by IC 12-8-15-6
if the secretary is unavailable, shall make an oral and written
presentation at each committee meeting concerning the
administration of public assistance in Indiana. The office of the
secretary shall respond to any question concerning the
administration of public assistance that is provided to the office of
the secretary by the chairperson before a scheduled committee
meeting.
(1) The disclosure of the Social Security number is expressly required by state law, federal law, or a court order.
(2) The individual expressly consents in writing to the disclosure of the individual's Social Security number.
(3) The disclosure of the Social Security number is:
(A) made to comply with:
(i) the USA Patriot Act of 2001 (P.L. 107-56); or
(ii) Presidential Executive Order 13224; or
(B) to a commercial entity for the permissible uses set forth in the:
(i) Drivers Privacy Protection Act (18 U.S.C. 2721 et seq.);
(ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or
(iii) Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.).
(4) The disclosure of the Social Security number is for the purpose of administration of a state agency employee's or the state
agency employee's dependent's health benefits.
(5) The disclosure of the Social Security number is for the
purpose of administration of:
(A) a pension fund administered by the board of trustees of the
public employees' retirement fund;
(B) the Indiana state teachers' retirement fund;
(C) a deferred compensation plan or defined contribution plan
established under IC 5-10-1.1;
(D) a pension plan established by the state police department
under IC 10-12; or
(E) the Uniform Commercial Code (IC 26-1) by the office of
the secretary of state.
(6) The disclosure of the Social Security number is for the
purpose of the administration of a state funded health plan.
(b) A state agency's disclosure of the Social Security number of an
individual in compliance with subsection (a) does not violate
IC 5-14-3-4(a)(12).
(1) A safety order under IC 22-8-1.1.
(2) Any order that:
(A) imposes a sanction on a person or terminates a legal right, duty, privilege, immunity, or other legal interest of a person;
(B) is not described in section 4 or 5 of this chapter or IC 4-21.5-4; and
(C) by statute becomes effective without a proceeding under this chapter if there is no request for a review of the order within a specified period after the order is issued or served.
(3) A notice of program reimbursement or equivalent determination or other notice regarding a hospital's reimbursement issued by the office of Medicaid policy and planning or by a contractor of the office of Medicaid policy and planning regarding a hospital's year end cost settlement.
(4) A determination of audit findings or an equivalent
determination by the office of Medicaid policy and planning or by
a contractor of the office of Medicaid policy and planning arising
from a Medicaid postpayment or concurrent audit of a hospital's
Medicaid claims.
(5) A license revocation under:
(A) IC 24-4.5-3;
(B) IC 28-1-29;
(C) IC 28-7-5;
(D) IC 28-8-4; or
(E) IC 28-8-5.
(6) An order issued by the:
(A) division of aging; or
(B) bureau of developmental disabilities services;
against providers regulated by the division of aging or the
bureau of developmental disabilities services and not licensed
by the state department of health under IC 16-27 or IC 16-28.
(b) When an agency issues an order described by subsection (a), the
agency shall give notice to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party in the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any other information required by law.
(d) An order described in subsection (a) is effective fifteen (15) days
after the order is served, unless a statute other than this article specifies
a different date or the agency specifies a later date in its order. This
subsection does not preclude an agency from issuing, under
IC 4-21.5-4, an emergency or other temporary order concerning the
subject of an order described in subsection (a).
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Chapter 15. Public Assistance Determinations
Sec. 1. As used in this chapter, "public assistance" refers to the
following programs and services:
(1) Medicaid.
(2) The federal Supplemental Nutrition Assistance Program
(7 U.S.C. 2011 et seq.).
(3) The federal Temporary Assistance for Needy Families
(TANF) program.
Sec. 2. (a) The office of the secretary shall ensure that public
assistance services are:
(1) provided in a timely and safe manner;
(2) provided in accordance with state and federal law; and
(3) appropriate to the needs of the individual.
(b) The division of family resources shall establish standards
and procedures for improving the initial eligibility application
intake process.
Sec. 3. (a) The division of family resources shall operate in each
Indiana county at least one (1) county office where any individual
may apply in person for public assistance. Each county office:
(1) must be open during state business hours; and
(2) must be in a location that is fully accessible to individuals
seeking public assistance services.
The division shall attempt to locate each county office in an area
accessible to a public transportation system if a public
transportation system exists in the county.
(b) The office of the secretary shall develop a plan at the
regional and county levels to address fraud issues and report on the
plan to the committee on the administration of public assistance
established by IC 2-5-31 and the legislative council in an electronic
format under IC 5-14-6 not later than December 31, 2010.
(c) The division shall maintain the case file of each recipient of
public assistance in the county office of the recipient's county of
residence and shall make the file available to the recipient or the
recipient's legal guardian for review upon request.
(d) The division of family resources shall do the following:
(1) Staff each county office with state employees who are
available during state business hours to:
(A) assist public assistance applicants and recipients in the
county office; and
(B) assist providers and other social services agencies that
provide services to public assistance recipients.
(2) Provide technology in each county office.
(3) Advertise the location, telephone number, and electronic
mail address for each county office in the local telephone
directory and through local social service agencies and service
providers.
Sec. 4. The office of the secretary shall include the following in
the office's system for making public assistance determinations for
services:
(1) The following methods by which an individual may apply
for services:
(A) In person.
(B) By telephone.
(C) By completing an application over the Internet.
(2) An application for services or an application for
redetermination of services that is assigned to one (1)
employee who collects all the information necessary for the
application before sending the application to an employee
with the authority to make an eligibility determination.
(3) The goal that all issues during the eligibility determination
for services are resolved accurately and quickly.
Sec. 5. The division of family resources shall develop and use
eligibility application forms and eligibility redetermination
application forms that:
(1) are printed in at least 12 point type; and
(2) are provided along with a separate document that
describes the services available.
Sec. 6. (a) The office of quality control is established within the
division of family resources. The office of quality control shall
establish, implement, and monitor minimum standards for the
public assistance program to do the following:
(1) Recognize and investigate the medical, health, and
nutritional needs of individuals.
(2) Make proper referrals to an individual for additional
services that may include services provided by persons other
than the office of the secretary.
(3) Interact with social agencies, community organizations,
religious entities, and local providers when necessary to assist
an individual in receiving services.
(b) The office of quality control shall maintain contact with
county offices and public assistance recipients to ensure the
maintenance of quality protocols and measures and take corrective
action as needed.
Sec. 7. (a) Before July 1, 2010, the office of the secretary shall
establish a monitoring system within the office of quality control
established by section 6 of this chapter for the purpose of
evaluating the quality of the eligibility determination for services
process and subsequent contact with the office by recipients of
public assistance services.
(b) The monitoring system must do the following:
(1) Evaluate every point of contact an individual has from the
initial application for public assistance to the final
determination by the office and track the place in the
eligibility determination for services process, including intake,
verification, determination, and renewal of an application for
services, in which an individual stops participating in the
process.
(2) Determine the primary causes for why individuals do not
complete the process, including barriers that are a result of
state policy or procedures.
(3) Review a monthly written accounting of the operational
expenditures spent on eligibility determinations for public
assistance services.
(c) The office of the secretary shall use the monitoring system to
analyze the eligibility determination for services process and
determine places for improvement of the process.
Sec. 8. The office of the secretary shall make the following
information available on the office of the secretary's web site:
(1) A report and any other documents prepared by a person
that has contracted with the state to review work performed
under a contract for eligibility determinations for services, to
be posted not later than thirty (30) days after the office of the
secretary has received the report.
(2) Any contract, including the assignment of a contract and
an amendment to a contract, that the office of the secretary
has entered into for eligibility determinations for services, to
be posted not later than thirty (30) days after the effective
date of the contract, assignment, or amendment.
(3) Any change order or change in reimbursement or
reimbursement schedules related to a contract for eligibility
determinations for services, to be posted not later than thirty
(30) days after the effective date of the change.
Sec. 9. (a) The implementation of this chapter is subject to the
availability of funding to the office of the secretary.
(b) The office of the secretary and the director of the budget agency are responsible for ensuring that the cost of the services provided under this chapter does not exceed the total amount of funding, including state and federal funds, that is made available by the budget agency for the program established under this chapter.
(b) Not later than July 1, 2011, the division shall:
(1) implement a program and standards for identifying, recruiting, training, certifying, and enrolling individuals to be independent providers of home and community based care services for individuals; and
(2) establish a network of independent providers of home and community based care services for individuals.
(c) The division may contract with a state educational institution or an area agency on aging in implementing the program described in subsection (b).
(d) The division shall consult with the following in developing the program and standards described in subsection (b):
(1) The area agencies on aging.
(2) Indiana Home Care Task Force.
(3) Organizations representing senior citizens with statewide membership.
(4) Organizations representing persons with disabilities with statewide membership.
(e) The division shall do the following:
(1) Create and maintain a statewide registry that lists independent home and community based services providers who have been trained and certified by the division, and provide the list of names by each area agencies on aging district.
(2) Identify liability and health insurance options for independent home and community based services providers.
(3) Establish fiscal intermediary services within the division for individuals who are consumers of self-directed home and community based care services through the community and home options to institutional care for the elderly and disabled program (CHOICE) and the Medicaid aged and disabled waiver.
(4) Create in-service training and professional enrichment programs with the area agencies on aging for maintaining the skills and quality of services by independent home and community based services providers.
(5) Maintain a self-directed care hotline and support services to address emergencies and other needs of individuals who are consumers of self-directed home and community based care services.
(f) The division may review options to participate in federal programs that support the establishment and development of networks for home and community based services.
(1) Employ experts and consultants to assist the division in carrying out the division's functions.
(2) Use, with their consent, the services and facilities of other state agencies without reimbursement.
(3) Accept in the name of the division, for use in carrying out the functions of the division, money or property received by gift, bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available to the division according to policies enforced by the budget agency.
(6) Adopt rules under IC 4-22-2 necessary to carry out the functions of the division. However, rules adopted by the director must be approved by the family and social services committee established by IC 12-8-3-2 before submission to the attorney general under IC 4-22-2-31.
(7) Establish and implement the policies and procedures necessary to carry out the functions of the division.
(8) Issue orders under IC 4-21.5-3-6.
(b) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient. The director may adopt rules under IC 4-22-2 necessary to implement this subsection.
(1) Determine the needs and resources of the aged in the area.
(2) Coordinate, in cooperation with other agencies or organizations in the area, region, district, or county, all programs and activities providing health, recreational, educational, or social services for the aged.
(3) Secure local matching money from public and private sources to provide, improve, or expand the sources available to meet the needs of the aged.
(4) Develop, in cooperation with the division and in accordance with the regulations of the commissioner of the federal Administration on Aging, an area plan for each planning and service area to provide for the following:
(A) A comprehensive and coordinated system for the delivery of services needed by the aged in the area.
(B) The collection and dissemination of information and referral sources.
(C) The effective and efficient use of all resources meeting the needs of the aged.
(D) The inauguration of new services and periodic evaluation of all programs and projects delivering services to the aged, with special emphasis on the low income and minority residents of the planning and service area.
(E) The establishment, publication, and maintenance of a toll free telephone number to provide information, counseling, and referral services for the aged residents of the planning and service area.
(5) Conduct case management (as defined in IC 12-10-10-1).
(6) Perform any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).
(b) The division shall pay the costs associated with the toll free telephone number required under subsection (a).
(c) To the extent allowable under federal law concerning the expenditure of funds, the division shall:
(1) authorize area agencies on aging to manage funds for a program specified in section 3 of this chapter with maximum flexibility to allow the delivery of the most appropriate and cost effective services under the program; and
(2) refrain from imposing any restrictions on an area agency on aging other than those required under the terms of the contract between the division and the area agency on aging or agreed upon by both the division and the area agency on
aging.
(1) That the applicant is required under state law to apply to the agency serving the county of the applicant's residence for participation in a nursing facility preadmission screening program.
(2) That the applicant's failure to participate in the nursing facility preadmission screening program could result in the applicant's ineligibility for Medicaid reimbursement for per diem in any nursing facility for not more than one (1) year.
(3) That the nursing facility preadmission screening program consists of an assessment of the applicant's need for care in a nursing facility made by a team of individuals familiar with the needs of individuals seeking admission to nursing facilities.
(4) The contact information for the agency that provides services in the area in which the nursing facility is located.
(5) A list developed by the agency and the office of all long term care options under the law that may be available to the individual.
(b) The notification must be signed by the applicant or the applicant's parent or guardian if the applicant is not competent before admission.
(c) If the applicant is admitted:
(1) the nursing facility shall retain one (1) signed copy of the notification for one (1) year; and
(2) the nursing facility shall deliver one (1) signed copy to the agency serving the county in which the applicant resides.
(d) A person who violates this section commits a Class A infraction.
(1) The individual's medical needs.
(2) The availability of services, other than services provided in a nursing facility, that are appropriate to the individual's health and social needs to maintain the individual in the least restrictive environment.
(3) The cost effectiveness of providing services appropriate to the individual's needs that are provided outside of, rather than within, a nursing facility.
(b) The assessment must be conducted in accordance with rules adopted under IC 4-22-2 by the director of the division in cooperation with the office.
(c) Communication among members of a screening team or between a screening team and the division, the office, or the agency during the prescreening process may be conducted by means including any of the following:
(1) Standard mail.
(2) Express mail.
(3) Facsimile machine.
(4) Secured electronic communication.
(d) A representative:
(1) of the agency serving the area in which the individual's residence is located; and
(2) who is familiar with personal care assessment;
shall explain and provide a written copy of the results of the assessment to the individual or the individual's parent or guardian if the individual is not competent, in the least time practicable after the completion of the assessment.
(e) In the explanation required in subsection (d), the representative shall include the services identified in subsection (a)(2).
(1) may be available to the patient;
(2) are located within the hospital's service area; and
(3) are known to the hospital.
(b) The list described in subsection (a) must include:
(1) contact information for the agency that provides services in the area in which the hospital is located; and
care services for compensation from Medicaid or the community and
home options to institutional care for the elderly and disabled program
for an individual in need of self-directed in-home care services unless
the individual is registered under section 12 of this chapter.
(b) Subject to rules adopted by the division under IC 4-22-2, the
division shall reimburse under this chapter an individual who is a
legally responsible relative of an individual who is at risk of being
institutionalized and in need of self-directed in-home care including
a parent of a minor individual and a spouse, is precluded from
providing to provide attendant care services for compensation under
this chapter. in an amount not to exceed eight (8) hours a day and
five (5) days a week.
(b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for individuals with a developmental disability and their families, within the limits of available resources. The planning and delivery of services must be based on future plans of the individual with a developmental disability rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the individual with a developmental disability and that individual's family.
(c) Services for individuals with a developmental disability must be services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of individuals with a developmental disability.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel.
(5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate.
(6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based services and supports.
(e) The bureau shall approve and monitor community based residential, habilitation, and vocational service providers that provide alternatives to placement of individuals with a developmental disability in state institutions and health facilities licensed under IC 16-28 for
individuals with a developmental disability. The services must
simulate, to the extent feasible, patterns and conditions of everyday life
that are as close as possible to normal. The community based service
categories include the following:
(1) Supervised group living programs, which serve at least four
(4) individuals and not more than eight (8) individuals, are funded
by Medicaid, and are licensed by the community residential
facilities council.
(2) Supported living service arrangements to meet the unique
needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not serve
more than four (4) unrelated individuals in any one (1) setting.
However, the head of the bureau shall waive this limitation for a
setting providing residential services to more than four (4)
unrelated individuals in any one (1) setting if the setting was in
existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are
available and meet the individual's needs, an individual is entitled to
receive services in the least restrictive environment possible.
(g) Community based services under subsection (e)(1) or (e)(2)
must consider the needs of and provide choices and options for:
(1) individuals with a developmental disability; and
(2) families of individuals with a developmental disability.
(h) The bureau shall administer a system of service coordination to
carry out this chapter.
(i) The bureau may issue orders under IC 4-21.5-3-6 against a
provider that violates rules issued by the bureau for programs in
which the provider is providing services.
(b)
the family's income is greater than the amount of need recognized
under section 5 of this chapter, but the family's gross income is less
than one hundred percent (100%) of the federal income poverty level.
(c) A recipient family shall receive a cash assistance benefit
under the TANF program of at least ten dollars ($10) if:
(1) the family's income is greater than the amount of need
recognized under section 5 of this chapter;
(2) the family's gross income is less than one hundred percent
(100%) of the federal income poverty level; and
(3) a parent or essential person receiving assistance has
employment earnings.
Chapter 30. Food Stamp Assistance for Individuals With Drug Convictions
Sec. 1. In accordance with 21 U.S.C. 862a(d)(1), the state elects to opt out of the application of 21 U.S.C. 862a(a) for individuals who meet the requirements of this chapter.
Sec. 2. Under this chapter, an individual is eligible for food stamps if the individual meets all the following requirements:
(1) The individual was convicted of an offense under IC 35-48 (controlled substances) for conduct occurring after August 22, 1996.
(2) Except for 21 U.S.C. 862a(a), the individual meets the federal and Indiana food stamp program requirements.
(3) The individual has not been convicted of another offense under IC 35-48 (controlled substances) in the five (5) years preceding the individual's application for food stamps assistance. However, this subdivision does not apply if the individual is:
(A) living in a halfway house, a shelter, transitional housing, or other residential housing that is operated by a nonprofit organization; or
(B) enrolled in a substance abuse program certified by the division of mental health and addiction or a federal agency;
and the individual is tested for drug and alcohol usage at least once every two (2) months.
Chapter 2.1. Presumptive Eligibility for Aged and Disabled Medicaid Waiver Applicants
Sec. 1. (a) An area agency on aging employee may determine that an applicant who meets the following conditions is presumptively eligible for the Medicaid aged and disabled waiver:
(1) The applicant or the applicant's legal guardian has completed the required Medicaid application form.
(2) The applicant meets the medical eligibility requirements in IC 12-10-11.5-4(2)(B).
(3) The applicant is at risk for being institutionalized if the applicant does not receive immediate long term care services.
(b) The area agency on aging's determination that an individual is presumptively eligible for the Medicaid aged and disabled waiver under subsection (a):
(1) must be based on information submitted by the applicant; and
(2) authorizes the immediate commencement of the provision of services needed by the applicant in compliance with rules adopted by the office under section 4 of this chapter.
Sec. 2. The office shall apply to the United States Department of Health and Human Services for an amendment to the Medicaid aged and disabled waiver if an amendment is necessary to implement this chapter.
Sec. 3. The area agency on aging shall:
(1) notify the office of the presumptive eligibility determination not later than five (5) business days after the date on which the determination is made; and
(2) forward the application to the county office in the county in which the applicant resides for a final eligibility determination in the manner specified by the office.
Sec. 4. The office:
(1) shall adopt rules under IC 4-22-2 concerning the services an individual may receive if the individual is determined to be presumptively eligible for the Medicaid aged and disabled waiver under this chapter; and
(2) may adopt rules under IC 4-22-2 to implement this chapter.
(1) the office;
(2) a contractor of the office; or
(3) a managed care plan under the office;
concerning a change to the Medicaid program that does not require use of the rulemaking process under IC 4-22-2 may not become effective until
(b) The office must provide a written notice or bulletin described in subsection (a) within five (5) business days after the date on the notice or bulletin.
(1)
(2)
(3) American Dental Association (ADA) claim form.
(4) Pharmacy and compound drug form.
(b) The office and an entity with which the office contracts for the payment of claims:
(1) may designate as acceptable claim forms other than a form listed in subsection (a); and
(2) may not mandate the use of a crossover claim form.
(1) A program for children enrolled in grades kindergarten through 12 that is operated by the department of education or a public or private school.
(2) A program for children who become at least three (3) years of age as of December 1 of a particular school year (as defined in IC 20-18-2-17) that is operated by the department of education or a public or private school.
(3) A nonresidential program for a child that provides child care for less than four (4) hours a day.
(4) A recreation program for school age children that operates for not more than ninety (90) days in a calendar year.
(5) A program whose primary purpose is to provide social, recreational, or religious activities for school age children, such as scouting, boys club, girls club, sports, or the arts.
(6) A program operated to serve migrant children that:
(A) provides services for children from migrant worker families; and
(B) is operated during a single period of less than one hundred twenty (120) consecutive days during a calendar year.
(7) A child care ministry registered under IC 12-17.2-6.
(8) A child care home if the provider:
(A) does not receive regular compensation;
(B) cares only for children who are related to the provider;
(C) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or
(D) operates to serve migrant children.
(9) A child care program operated by a public or private secondary school that:
(A) provides day care on the school premises for children of a student or an employee of the school;
(B) complies with health, safety, and sanitation standards as determined by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter; and
(C) substantially complies with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.
(10) A school age child care program (commonly referred to as a latch key program) established under IC 20-26-5-2 that is operated by:
(A) the department of education;
(B) a public or private school; or
(C) a public or private organization under a written contract with:
(i) the department of education; or
(ii) a public or private school.
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing supervised group living facilities described in
IC 12-22-2-3 for individuals with a mental illness.
(C) Certifying community residential programs described in
IC 12-22-2-3 for individuals with a mental illness.
(D) Certifying community mental health centers to operate in
Indiana.
(E) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.
(7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.
(8) Make the facilities of the Larue D. Carter Memorial Hospital available for the instruction of medical students, student nurses, interns, and resident physicians under the supervision of the faculty of the Indiana University School of Medicine for use by the school in connection with research and instruction in psychiatric disorders.
(9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or managed care providers.
(12) Establish, maintain, and reallocate before July 1, 1996, one-third (1/3), and before January 1, 1998, the remaining two-thirds (2/3) of the following:
(A) long term care service settings; and
(B) state operated long term care inpatient beds;
designed to provide services for patients with long term psychiatric disorders as determined by the quadrennial actuarial study under IC 12-21-5-1.5(9). A proportional number of long term care service settings and inpatient beds must be located in an area that includes a consolidated city and its adjacent counties.
(13) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.
(14) Establish standards
(b) As used in this section, "long term care service setting" means the following:
(1) The anticipated duration of the patient's mental health setting is more than twelve (12) months.
(2) Twenty-four (24) hour supervision of the patient is available.
(3) A patient in the long term care service setting receives:
(A) active treatment if appropriate for a patient with a chronic and persistent mental disorder or chronic addictive disorder;
(B) case management services from a state approved provider; and
(C) maintenance of care under the direction of a physician.
(4) Crisis care is available.
(c) Funding for services under subsection (a)(12) shall be provided by the division through the reallocation of existing appropriations. The need of the patients is a priority for services. The division shall adopt rules to implement subsection (a)(12) before July 1, 1995.
(1) have a primary diagnosis of chronic substance abuse and dependence; and
(2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance.
(b) The amount described in subsection (a) shall be distributed to specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division.
(1) have a primary diagnosis of chronic substance abuse and dependence; and
(2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance.
(b) The amount described in subsection (a)
(1) Evansville State Hospital.
(2) Evansville State Psychiatric Treatment Center for Children.
(3) Larue D. Carter Memorial Hospital.
(4) Logansport State Hospital.
(5) Madison State Hospital.
(6) Richmond State Hospital.
(7) Any other state owned or operated mental health institution.
(b) Subject to the approval of the director of the budget agency and the governor, the director of the division of mental health and addiction may contract for the management and clinical operation of Larue D. Carter Memorial Hospital.
(c) The division of mental health and addiction shall maintain normal patient care, including maintaining the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) standards for clinical care, at a facility described in subsection (a)(1) or (a)(2) unless a reduction or the termination of normal patient care is specifically authorized by a statute enacted by the general assembly or recommended by the council established by section 3.5 of this chapter.
(d) The Evansville State Psychiatric Treatment Center for Children shall remain independent of Evansville State Hospital and the southwestern Indiana community mental health center, and the Evansville State Psychiatric Treatment Center for Children shall continue to function autonomously unless a change in administration is specifically authorized by an enactment of the general assembly or recommended by the council established by section 3.5 of this chapter.
(b) The council consists of the following members:
(1) One (1) superior court judge having exclusive juvenile jurisdiction in Vanderburgh County, who shall act as chairperson of the council.
(2) The director of the division of mental health and addiction or the director's designee.
(3) Two (2) members of the senate, appointed by the president pro tempore of the senate. The members appointed under this subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(4) Two (2) members of the house of representatives, appointed by the speaker of the house of representatives. The members appointed under this subdivision:
(A) may not be members of the same political party; and
(B) must represent Evansville or a surrounding area.
(5) Two (2) mental health providers that provide mental health services in the Evansville area.
(6) One (1) member who:
(A) resides in the Evansville area; and
(B) provides services in the community, including:
(i) law enforcement services; or
(ii) children's services.
(7) The superintendent of the Evansville State Psychiatric Treatment Center for Children, or the superintendent's designee.
(8) The superintendent of the Evansville State Hospital, or the superintendent's designee.
(9) One (1) representative of a statewide mental health association.
(10) One (1) parent of a child who has received services at the Evansville State Psychiatric Treatment Center for Children and who is not associated with the Evansville State Psychiatric Treatment Center for Children or the Evansville State Hospital except as a consumer.
(c) The president pro tempore of the senate shall make the appointment set forth in subsection (b)(1), one (1) of the appointments in subsection (b)(5), and the appointment set forth in subsection (b)(9). The speaker of the house of representatives shall make one (1) of the appointments set forth in subsection (b)(5), the appointment set forth in subsection (b)(6), and the appointment set forth in subsection (b)(10).
(d) The council has the following duties:
(1) Review the following:
(A) The mental health and addiction services available to children in the Evansville area.
(B) The quality of the care provided to patients in a facility described in section 3(a)(1) and 3(a)(2) of this chapter.
(C) The utilization of the facilities and the cause for any underutilization.
(2) Determine the viability and need for the facilities described in section 3(a)(1) and 3(a)(2) of this chapter.
(3) Provide recommendations to:
(A) the office of the secretary; and
(B) the general assembly, in electronic format under IC 5-14-6;
concerning the council's findings under this subsection,
including whether the council is making a recommendation
under section 3 of this chapter.
(e) The division of mental health and addiction shall staff the
council.
(f) The expenses of the council shall be paid by the division of
mental health and addiction.
(g) A member of the council is not entitled to salary per diem or
traveling expenses.
(h) The chairperson and the members described in subsections
(b)(7) and (b)(8) shall serve as nonvoting members. The affirmative
votes of a majority of the voting members of the council are
required for the council to take action on any recommendation.
(i) This section expires December 31, 2012.
(1) IC 12-26-6-8(g).
(2) IC 12-26-7-5(c).
(3) IC 35-36-2-4(e).
(4) IC 35-36-2-5(f).
(5) IC 35-36-3-1(c).
(b) A person who discloses information under this section in good faith is immune from civil and criminal liability.
(1) believes or has reason to believe that an endangered adult is the victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); and
(2) knowingly fails to report the facts supporting that belief to the division of disability and rehabilitative services, the division of aging, the adult protective services unit designated under IC 12-10-3, or a law enforcement agency having jurisdiction over battery, neglect, or exploitation of an endangered adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protective services unit who unlawfully discloses information contained in the records of the division of aging under IC 12-10-3-12 through
(c) A law enforcement agency that receives a report that an endangered adult is or may be a victim of battery, neglect, or exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E) shall immediately communicate the report to the adult protective services unit designated under IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares a negative work performance evaluation, reduces benefits, pay, or work privileges, or takes other action to retaliate against an individual who in good faith makes a report under IC 12-10-3-9 concerning an endangered individual commits a Class A infraction.
; (10)ES0295.1.31. --> SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 12-10-3-16; IC 12-24-19-2.
(1) 460 IAC 1.
(2) 460 IAC 1.2.
(3) 460 IAC 8.
(b) The office of the secretary of family and social services shall assist the publisher of the Indiana Administrative Code in identifying any other rules concerning the division of aging to be transferred.
(c) This SECTION expires December 31, 2011.
(1) the number of individuals during the course of each state fiscal year who would have been served in a health facility; and
(2) the average cost to serve each individual in a health facility or other institution;
under the Medicaid program if this act were not implemented.
(b) The office of the secretary of family and social services shall use the savings calculated under subsection (a) for the purchase of home and community based services for additional individuals.
(c) This act is subject to funding available to the office of the secretary of family and social services, including federal funds. The office of the secretary of family and social services shall ensure that the cost of the services provided under this act does not exceed funding made available to the office of the secretary of family and social services for the programs established under this act.
(d) This SECTION expires July 1, 2011.
(b) The office of the secretary shall identify any changes in administration necessary to implement this act.
(c) The office of the secretary and the budget agency shall project the costs and savings as a result of the implementation of this act.
(d) This SECTION expires June 30, 2013.
(b) Not later than April 1, 2011, and by April 1 of each year thereafter, the office of the secretary shall report in writing and in an electronic format under IC 5-14-6 concerning the office's progress in implementing this act to the following:
(1) The budget committee.
(2) The legislative council established by IC 2-5-1.1-1.
(c) This SECTION expires July 1, 2015.
