Indiana § 12-7-3-13 - Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

Full text of Indiana Indiana Code § 12-7-3-13 — Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund, with citation guidance and answers to common questions.

§ 12-7-3-13. Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

Sec. 13. (a) Except as provided in subsection (b), a rule adopted by the interdepartmental board for the coordination of human service programs concerning the school age child care project fund, before its repeal by P.L.9-1991, is valid and effective until the section of child care services within the division of family and children adopts a rule under IC 4-22-2 that supersedes in whole or in part or otherwise repeals the interdepartmental board rule for the school age child care project program established under IC 12-17-12.

(b) If a rule adopted by the interdepartmental board for the coordination of human service programs before January 1, 1992:

(1) has not been superseded or repealed as provided in subsection (a); and

(2) provides authority to the interdepartmental board that has been transferred to the section of child care services within the division of family and children;

the rule shall be interpreted to constitute an authorization to the section of child care services within the division of family and children and not the interdepartmental board for the coordination of human service programs.

As added by P.L.220-2011, SEC.253.

IC 12-8ARTICLE 8. ADMINISTERING FAMILY AND SOCIAL SERVICES

Ch. 1.Expired Ch. 1.5.Office of Secretary of Family and Social Services Ch. 1.6.Medicaid Home and Community Based Services Waivers Ch. 1.7.Individuals in Need of Self-Directed In-Home Care Ch. 2.Expired Ch. 2.5.Family and Social Services Bodies Ch. 3.Repealed Ch. 4.Repealed Ch. 5.Repealed Ch. 6.Expired Ch. 6.5.Office of Medicaid Policy and Planning Ch. 7.Repealed Ch. 8.Expired Ch. 8.5.Divisions and Directors Ch. 9.Repealed Ch. 10.Financial Services Group Ch. 11.Repealed Ch. 12.Employment Opportunities for TANF Recipients Ch. 12.5.Expired Ch. 13.Repealed Ch. 14.Repealed Ch. 15.Indiana Rural Health Transformation Fund

IC 12-8-1Chapter 1. Expired[Pre-1992 Revision Citations:

12-8-1-1formerly 12-6-2-112-8-1-2formerly 12-6-2-212-8-1-3formerly 12-6-2-412-8-1-4formerly 12-6-2-512-8-1-5subsection (a) formerly 12-6-2-6(a); subsection (b) formerly 12-6-2-6(b) part12-8-1-6subsection (a) formerly 12-6-2-3; subsection (b) formerly 12-6-2-6(b)(2)12-8-1-7formerly 12-6-2-712-8-1-8formerly 12-6-2-812-8-1-9formerly 12-6-2-912-8-1-10formerly 12-6-9-1.]Expired 6-30-2011 by P.L.182-2009(ss), SEC.294.

IC 12-8-1.5Chapter 1.5. Office of Secretary of Family and Social Services

12-8-1.5-0.3Legalization of certain actions 12-8-1.5-1Establishment 12-8-1.5-2Appointment 12-8-1.5-3General responsibilities 12-8-1.5-4Hiring of personnel; appointing authority; delegation 12-8-1.5-5Technical assistance to divisions; coordination; related functions 12-8-1.5-6Cooperation between office and Indiana department of health 12-8-1.5-6.1Provision of address information to department of child services 12-8-1.5-7Powers 12-8-1.5-7.5Waiver; enhanced federal matching funds; report 12-8-1.5-8Cooperation with federal agencies; federal aid 12-8-1.5-9Rules 12-8-1.5-9.1Expired 12-8-1.5-9.5Rules; expiration; effect of policies set forth in rules 12-8-1.5-10Agency administering vocational rehabilitation programs; federal programs 12-8-1.5-10.5Single state agency designation; Medicaid policy 12-8-1.5-11Appropriation augmentation 12-8-1.5-12Programs to review dependence on public assistance 12-8-1.5-13Implementation of methods to facilitate payment of providers 12-8-1.5-14Improvement of system through technology and training 12-8-1.5-15Implementation and administration of health care programs to uninsured; assistance with nonprofit organization 12-8-1.5-16Operation of bureau to adjudicate claims 12-8-1.5-17Operation of bureau that enters into interim assistance agreement 12-8-1.5-17.5Expired 12-8-1.5-18Report concerning investigations of endangered adults; budget committee consideration of report 12-8-1.5-18.5Report concerning area agency on aging planning and service areas 12-8-1.5-19Administration of 211 services 12-8-1.5-20Child care subsidy information dashboard 12-8-1.5-21Report to legislative council; noncitizens

IC 12-8-1.5-0.3Legalization of certain actions Sec. 0.3. (a) Actions taken under IC 12-8-1 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.

(b) Actions taken under IC 12-8-1 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-1 had not expired on June 30, 2011.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-1Establishment Sec. 1. (a) The office of the secretary of family and social services is established.

(b) The office of the secretary includes the following:

(1) The secretary.

(2) Each office.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-2Appointment Sec. 2. The governor shall appoint the secretary of family and social services to coordinate family and social service programs among the divisions.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-3General responsibilities Sec. 3. (a) The secretary has administrative responsibility for the office of the secretary.

(b) Subject to this article, the secretary may organize an office to perform the duties of the office.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-4Hiring of personnel; appointing authority; delegation Sec. 4. (a) The secretary may hire personnel necessary to perform the duties of each office.

(b) Except as provided in subsection (c), the secretary is the appointing authority for the office of family and social services, including the divisions, offices, and institutions of the office of family and social services.

(c) The secretary may delegate the appointing authority for a division, office, institution, or other group of employees subject to IC 4-15-2.2.

(d) The delegation of the appointing authority under subsection (c) may affect the procedure and the division, office, institution, or other group of employees affected by actions under IC 4-15-2.2-40.

As added by P.L.160-2012, SEC.16. Amended by P.L.35-2016, SEC.8.

IC 12-8-1.5-5Technical assistance to divisions; coordination; related functions Sec. 5. (a) The secretary, through the offices, is responsible for coordinating the provision of technical assistance to each division for the following:

(1) Compiling program budgets for each division.

(2) Fiscal performance of each division.

(3) Management and administrative performance of each division.

(4) Program performance of each division.

(b) The secretary, through the offices, is accountable for the following:

(1) Resolution of administrative, jurisdictional, or policy conflicts among the divisions.

(2) The coordination of the activities of each division with other entities, including the general assembly and other state agencies.

(3) Coordination of communication with the federal government and the governments of other states.

(4) Development and ongoing monitoring of a centralized management information system and a centralized training system for orientation and cross-training.

(5) The overall policy development and management of the state Medicaid plan under IC 12-15.

(6) Liaison activities with other governmental entities and private sector agencies.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-6Cooperation between office and Indiana department of health Sec. 6. (a) The secretary and the commissioner of the Indiana department of health shall cooperate to coordinate family and social services programs with related programs administered by the Indiana department of health.

(b) The secretary, in cooperation with the commissioner of the Indiana department of health, is accountable for the following:

(1) Resolving administrative, jurisdictional, or policy conflicts between a division and the Indiana department of health.

(2) Formulating overall policy for family, health, and social services in Indiana.

(3) Coordinating activities between the programs of the division of family resources and the maternal and child health programs of the Indiana department of health.

(4) Coordinating activities concerning long term care between the division of disability, aging, and rehabilitative services and the Indiana department of health.

(5) Developing and implementing a statewide family, health, and social services plan that includes a set of goals and priorities.

(c) The office shall cooperate with the Indiana department of health in providing the information required for the commissioner of the Indiana department of health or the commissioner's designee to complete the:

(1) state comprehensive care bed need rate calculation under IC 16-29-7-8; and

(2) county comprehensive care bed need calculation under IC 16-29-7-9.

As added by P.L.160-2012, SEC.16. Amended by P.L.202-2018, SEC.1; P.L.56-2023, SEC.84; P.L.122-2026, SEC.29.

IC 12-8-1.5-6.1Provision of address information to department of child services Sec. 6.1. (a) Subject to an approved state plan amendment or waiver under subsection (b), the office of the secretary shall, immediately upon request by the department of child services, provide to the department of child services address information that is maintained by the office of the secretary and that is necessary for the department of child services to:

(1) respond to a report of suspected child abuse or neglect under IC 31-33; or

(2) take action concerning a child with regard to whom exigent circumstances (as defined in IC 31-9-2.1-92) exist.

(b) The office of the secretary shall apply for any state plan amendment or waiver necessary to implement this section.

As added by P.L.179-2025, SEC.1. Amended by P.L.145-2026, SEC.64.

IC 12-8-1.5-7Powers Sec. 7. The secretary, through the offices, may do the following:

(1) Employ experts and consultants to carry out the duties of the secretary and the offices.

(2) Utilize, with the consent of the other state agencies, the services and facilities of other state agencies without reimbursement.

(3) Accept in the name of the state, for use in carrying out the purposes of this article, any money or other property received as a gift, by bequest, or otherwise.

(4) Accept voluntary and uncompensated services.

(5) Expend money made available according to policies enforced by the budget agency.

(6) Establish and implement the policies and procedures necessary to implement this article.

(7) Advise the governor concerning rules adopted by a division before July 1, 2015, or the secretary after June 30, 2015.

(8) Create advisory bodies to advise the secretary about any matter relating to the implementation of this article.

(9) Perform other acts necessary to implement this article.

(10) Perform other functions permissible under this title.

As added by P.L.160-2012, SEC.16. Amended by P.L.39-2015, SEC.1.

IC 12-8-1.5-7.5Waiver; enhanced federal matching funds; report Sec. 7.5. (a) Notwithstanding any other law, the secretary, through the offices, may issue a waiver, in writing, of provisions of this title and rules adopted under IC 4-22-2 concerning provisions of this title if the secretary determines that the waiver is necessary to claim any enhanced federal matching funds available from:

(1) the federal Families First Coronavirus Response Act;

(2) the federal American Rescue Plan Act of 2021; or

(3) any other federal law, regulation, guidance, or policy pertaining to COVID-19 (as defined in IC 16-39-11-1) relief;

for the Medicaid program or programs funded through Medicaid.

(b) Not later than March 1, 2022, and every six (6) months thereafter, the secretary shall prepare and submit a report to the budget committee concerning any waiver issued under subsection (a).

(d) This section expires on the day after the date that the funds described in subsection (a)(1) through (a)(3) are no longer available to the state.

As added by P.L.1-2022, SEC.1.

IC 12-8-1.5-8Cooperation with federal agencies; federal aid Sec. 8. (a) The secretary shall cooperate with the federal Social Security Administration and with any other agency of the federal government in any reasonable manner that may be necessary to qualify for federal aid for assistance to persons who are entitled to assistance under the provisions of the federal Social Security Act.

(b) The secretary shall do the following:

(1) Make reports in the form and containing the information required by the federal Social Security Administration Board or any other agency of the federal government.

(2) Comply with the requirements that the federal Social Security Administration Board or other agency of the federal government finds necessary to assure the correctness and verification of reports.

(1) Welfare matters of mutual concern.

(2) The administration of federal money granted to Indiana to aid the welfare functions of the state.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-9Rules Sec. 9. Consistent with the powers and duties of the secretary under this article, the secretary may adopt rules under IC 4-22-2 relating to the exercise of those powers and duties.

As added by P.L.160-2012, SEC.16. Amended by P.L.13-2013, SEC.44.

IC 12-8-1.5-9.1ExpiredAs added by P.L.140-2013, SEC.12. Expired 7-1-2013 by P.L.140-2013, SEC.12.

IC 12-8-1.5-9.5Rules; expiration; effect of policies set forth in rules Sec. 9.5. (a) This subsection applies to an emergency rule adopted under section 9(b) of this chapter (before section 9(b) of this chapter expired on December 31, 2012). An emergency rule adopted under section 9(b) of this chapter expires December 31, 2013, regardless of any expiration date set forth in the rule.

(b) This subsection applies to a rule added or amended in LSA Document #10-792 or LSA Document #10-793 in 2011. The policies set forth in the following remain in effect through December 31, 2013, regardless of the effective date set forth in the rule:

(1) 405 IAC 1-11.5-2(g).

(2) 405 IAC 5-30-1.5(c).

(c) This subsection applies to an emergency rule adopted under IC 12-8-1-9(b) (before IC 12-8-1-9(b) expired on June 30, 2011). An emergency rule adopted under IC 12-8-1-9(b) expires December 31, 2013, regardless of any expiration date set forth in the rule.

As added by P.L.205-2013, SEC.180.

IC 12-8-1.5-10Agency administering vocational rehabilitation programs; federal programs Sec. 10. The office of the secretary is designated as the sole state agency responsible for administering programs concerning the vocational rehabilitation of individuals with a disability under 29 U.S.C. 701 et seq.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-10.5Single state agency designation; Medicaid policy Sec. 10.5. (a) The office of the secretary is designated as the single state agency for administration of the state Medicaid program under IC 12-15.

(b) The office of the secretary shall develop and coordinate Medicaid policy for the state.

As added by P.L.109-2014, SEC.15.

IC 12-8-1.5-11Appropriation augmentation Sec. 11. (a) If:

(1) the sums appropriated by the general assembly in the biennial budget to the family and social services administration for the Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program are insufficient to enable the office of the secretary to meet its obligations; and

(2) the failure to appropriate additional funds would:

(A) violate a provision of federal law; or

(B) jeopardize the state's share of federal financial participation applicable to the state appropriations contained in the biennial budget for Medicaid assistance, Medicaid administration, public assistance (TANF), or the IMPACT (JOBS) work program;

then there are appropriated further sums as may be necessary to remedy a situation described in this subsection, subject to the approval of the budget director and the unanimous recommendation of the members of the budget committee. However, before approving a further appropriation under this subsection, the budget director shall explain to the budget committee the factors indicating that a condition described in subdivision (2) would be met.

(b) If:

(1) the sums appropriated by the general assembly in the biennial budget to the family and social services administration for Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program are insufficient to enable the family and social services administration to meet its obligations; and

(2) neither of the conditions in subsection (a)(2) would result from a failure to appropriate additional funds;

(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinical advisory panel established under IC 12-15), and except as provided in subsection (d), the office of the secretary may by rule adjust programs, eligibility standards, and benefit levels to limit expenditures from Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program. The office of the secretary may adopt rules under IC 4-22-2 to make an adjustment authorized by this subsection. However, adjustments under this subsection may not:

(1) violate a provision of federal law; or

(2) jeopardize the state's share of federal financial participation applicable to the state appropriations contained in the biennial budget for Medicaid assistance, Medicaid administration, public assistance (TANF), and the IMPACT (JOBS) work program.

(d) Subject to IC 12-15-21-3, any adjustments made under subsection (c) must:

(1) allow for a licensed provider under IC 12-15 to deliver services within the scope of the provider's license if the benefit is covered under IC 12-15; and

(2) provide access to services under IC 12-15 from a provider under IC 12-15-12.

As added by P.L.160-2012, SEC.16. Amended by P.L.93-2024, SEC.105.

IC 12-8-1.5-12Programs to review dependence on public assistance Sec. 12. Subject to the appropriation limits established by the state's biennial budget for the office of the secretary and its divisions, and after assistance, including assistance under TANF (IC 12-14), medical assistance (IC 12-15), and food stamps (7 U.S.C. 2016(i)), is distributed to persons eligible to receive assistance, the secretary may adopt rules under IC 4-22-2 to offer programs on a pilot or statewide basis to encourage recipients of assistance under IC 12-14 to become self-sufficient and discontinue dependence on public assistance programs. Programs offered under this subsection may do the following:

(1) Develop welfare-to-work programs.

(2) Develop home child care training programs that will enable recipients to work by providing child care for other recipients.

(3) Provide case management and supportive services.

(4) Develop a system to provide for public service opportunities for recipients.

(5) Provide plans to implement the personal responsibility agreement under IC 12-14-2-21.

(6) Develop programs to implement the school attendance requirement under IC 12-14-2-17.

(7) Provide funds for county planning council activities under IC 12-14-22-13 (repealed).

(8) Provide that a recipient may earn up to the federal income poverty level (as defined in IC 12-15-2-1) before assistance under this title is reduced or eliminated.

(9) Provide for child care assistance, with the recipient paying fifty percent (50%) of the local market rate as established under 45 CFR 256 for child care.

(10) Provide for medical care assistance under IC 12-15, if the recipient's employer does not offer the recipient health care coverage.

As added by P.L.160-2012, SEC.16. Amended by P.L.130-2018, SEC.43.

IC 12-8-1.5-13Implementation of methods to facilitate payment of providers Sec. 13. The office of the secretary shall implement methods to facilitate the payment of providers under IC 12-15.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-14Improvement of system through technology and training Sec. 14. The office of the secretary shall improve its system through the use of technology and training of staff to do the following:

(1) Simplify, streamline, and destigmatize the eligibility and enrollment processes in all health programs serving children.

(2) Ensure an efficient provider payment system.

(3) Improve service to families.

(4) Improve data quality for program assessment and evaluation.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-15Implementation and administration of health care programs to uninsured; assistance with nonprofit organization Sec. 15. (a) The office of the secretary shall:

(1) cooperate with; and

(2) assist;

a nonprofit organization with the purpose to implement and administer a program to provide health care to uninsured Indiana residents.

(b) The office of the secretary shall assist a nonprofit organization that has the purpose described in subsection (a) with the following:

(1) Determining eligibility of potential participants who have an income of not more than one hundred percent (100%) of the federal poverty level for a program described in this section.

(2) Issuing a plan card that is valid for one (1) year to an individual if:

(A) the office of the secretary has determined the individual is eligible for the program; and

(B) the individual has paid the office of the secretary a registration fee determined by the office.

(3) Operating a toll free telephone number that provides provider referral services for participants in the program.

(4) Implementing the program described in this section to combine the resources of the office of the secretary and the nonprofit organization in a manner that would not result in the additional expenditure of state funds.

As added by P.L.160-2012, SEC.16.

IC 12-8-1.5-16Operation of bureau to adjudicate claims Sec. 16. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that adjudicates claims for Social Security Disability Insurance and Supplemental Security Income.

As added by P.L.210-2015, SEC.11.

IC 12-8-1.5-17Operation of bureau that enters into interim assistance agreement Sec. 17. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that enters into an interim assistance agreement with the Social Security Administration under 42 U.S.C. 1302 and 42 U.S.C. 1383.

As added by P.L.210-2015, SEC.12.

IC 12-8-1.5-17.5ExpiredAs added by P.L.264-2019, SEC.1. Expired 7-1-2020 by P.L.264-2019, SEC.1.

IC 12-8-1.5-18Report concerning investigations of endangered adults; budget committee consideration of report Sec. 18. (a) Before December 1, 2016, the office of the secretary of family and social services, in cooperation with the Indiana prosecuting attorneys council, shall do the following:

(1) Prepare and submit a report as described in subsection (b) to the legislative council in an electronic format under IC 5-14-6.

(2) Present the report required under this section to the budget committee.

(b) The report must include:

(1) an estimation of the appropriate staffing levels necessary for the office of the secretary of family and social services and prosecuting attorney offices to efficiently and effectively manage the investigations of reports of matters related to the abuse, neglect, or exploitation of endangered adults;

(2) identification of:

(A) the circumstances that should result in emergency placement in the case of an adult protective services investigation;

(B) the appropriate types of emergency placements based on those circumstances; and

(3) consideration of the benefits and cost of establishing a centralized intake system for reports of matters related to the abuse, neglect, or exploitation of endangered adults;

(4) a statement of consistent standards of care for endangered adults;

(5) a determination of the appropriate levels of training for employees of:

(A) the office of the secretary of family and social services; and

(B) a prosecuting attorney office;

who are involved in providing adult protective services;

(6) a draft of a cooperative agreement between the office of the secretary of family and social services and the Indiana prosecuting attorneys council that sets forth the duties and responsibilities of the agencies and prosecuting attorney offices with regard to adult protective services; and

(7) performance goals and accountability metrics for adult protective services to be incorporated in contracts and grant agreements.

(c) The budget committee shall consider the report submitted under this section in formulating the committee's budget recommendations.

As added by P.L.34-2016, SEC.2. Amended by P.L.148-2024, SEC.8.

IC 12-8-1.5-18.5Report concerning area agency on aging planning and service areas Sec. 18.5. (a) As used in this section, "advisory council" refers to the division of disability and rehabilitative services advisory council established under IC 12-9-4.

(b) As used in this section, "board" refers to the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.

(d) The office of the secretary may, in collaboration with the Indiana Association of Area Agencies on Aging, study and prepare a report containing recommendations for realigning and consolidating the area agency on aging planning and service areas.

(e) If the office of the secretary elects to study and prepare the report described in subsection (d), the office of the secretary shall do the following:

(1) Provide notice of the election to the legislative council in an electronic format under IC 5-14-6.

(2) In studying and preparing the report, consult with the:

(A) advisory council;

(B) board; and

at the regularly scheduled public meetings of the advisory council, board, and commission to receive input and feedback concerning the recommendations described in subsection (d).

(3) Not later than two (2) years after the date on which the office of the secretary provides notice under subdivision (1), submit the report to the legislative council in an electronic format under IC 5-14-6.

As added by P.L.167-2025, SEC.1.

IC 12-8-1.5-19Administration of 211 services Sec. 19. The office of the secretary has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of IC 12-13-16 (concerning the administration of the 211 dialing code used to provide access to human services information and referrals), including the power to make and publish rules, in the manner set forth in IC 12-13-16-13.

As added by P.L.73-2020, SEC.6.

IC 12-8-1.5-20Child care subsidy information dashboard Sec. 20. Not later than September 30, 2024, the office of the secretary shall publish on the website of the office of the secretary a dashboard providing monthly information regarding state and federal child care subsidies available to Indiana residents, including the following information:

(1) The number of child care subsidies available.

(2) The average copayment required under each available subsidy.

(3) The number of children on a wait list for each available subsidy.

(4) Other key indicators, as determined by the office of the secretary, of the effectiveness of the available child care subsidies in each Indiana county.

As added by P.L.92-2024, SEC.6.

IC 12-8-1.5-21Report to legislative council; noncitizens Sec. 21. (a) Not later than October 31 of each year, the office of the secretary shall submit a report to the legislative council, in an electronic format under IC 5-14-6, that provides for the previous fiscal year:

(1) the number of individuals in Indiana who:

(A) are not citizens of the United States; and

(B) are enrolled in or receiving benefits under:

(i) IC 12-10-6;

(ii) IC 12-13;

(iii) IC 12-14;

(iv) IC 12-15; or

(v) IC 12-19; and

(2) the total dollar amount spent by the state of Indiana in the previous fiscal year for the individuals identified in subdivision (1).

(b) The data described in subsection (a) does not include individually identifiable health information as defined in 42 U.S.C. 1320d(6).

As added by P.L.106-2026, SEC.14.

IC 12-8-1.6Chapter 1.6. Medicaid Home and Community Based Services Waivers

12-8-1.6-1"Assisted living services" 12-8-1.6-2"Home and community based services waiver" 12-8-1.6-3"Level of services" 12-8-1.6-4Powers and duties of the office of the secretary 12-8-1.6-5Eligibility and certification 12-8-1.6-6Placement authority 12-8-1.6-7Access to services 12-8-1.6-8Provider compliance with waiver requirements 12-8-1.6-9Waiver requirements 12-8-1.6-9.5Duties of waiver recipient and case manager 12-8-1.6-10Reimbursement for certain services; home and community based services; limitations concerning assisted living services; integrated health care coordination; rules 12-8-1.6-11Determination of savings; report 12-8-1.6-12Rules

IC 12-8-1.6-1"Assisted living services" Sec. 1. As used in this chapter, "assisted living services" refers to services covered under a home and community based services waiver and provided in any of the following entities:

(1) A residential care facility licensed under IC 16-28.

(2) Any other housing with services establishment.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-2"Home and community based services waiver" Sec. 2. (a) As used in this chapter, "home and community based services waiver" refers to a federal Medicaid waiver granted to the state under 42 U.S.C. 1396n(c) to provide home and community based long term care services and supports to individuals with disabilities and the elderly.

(b) The term does not include home and community services offered as part of the approved Medicaid state plan.

As added by P.L.174-2025, SEC.14. Amended by P.L.160-2026, SEC.1.

IC 12-8-1.6-3"Level of services" Sec. 3. As used in this chapter, "level of services" means a determination of the type of services an individual may receive under a Medicaid waiver based on the individual's impairment and dependence and the corresponding reimbursement rate for the determined level of care.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-4Powers and duties of the office of the secretary Sec. 4. (a) The office of the secretary has all powers necessary and convenient to administer a home and community based services waiver.

(b) The office of the secretary shall do the following:

(1) Administer money appropriated or allocated to the office of the secretary by the state, including money appropriated or allocated for a home and community based services waiver.

(2) Take any action necessary to implement a home and community based services waiver, including applying to the United States Department of Health and Human Services for approval to amend or renew the waiver, implement a new Medicaid waiver, or amend the Medicaid state plan.

(3) Ensure that a home and community based services waiver is subject to funding available to the office of the secretary.

(4) Ensure, in coordination with the budget agency, that the cost of a home and community based services waiver does not exceed the total amount of funding available by the budget agency, including state and federal funds, for the Medicaid programs established to provide services under a home and community based services waiver.

(5) Establish and administer a program for a home and community based services waiver, including the assisted living waiver described in IC 12-15-1.3-26, to provide an eligible individual with care that does not cost more than services provided to a similarly situated individual residing in an institution.

(6) Within the limits of available resources, provide service coordination services to individuals receiving services under a home and community based services waiver, including the development of an individual service plan that:

(A) addresses an individual's needs;

(B) identifies and considers family and community resources that are potentially available to meet the individual's needs; and

(7) Monitor services provided by a provider that:

(A) provides services to an individual using funds provided by the office of the secretary or under the authority of the office of the secretary; or

(B) entered into one (1) or more provider agreements to provide services under a home and community based services waiver.

(8) Establish and administer a confidential complaint process for:

(A) an individual receiving; or

(B) a provider described in subdivision (7) providing;

services under a home and community based services waiver.

(9) Establish a procedure for documenting compliance with subdivision (6) in the individual service plan of an individual receiving services under a home and community based services waiver, which must include provider attestation that services delivered to a recipient align with the recipient's individual service plan.

(1) At the office's discretion, delegate any of its authority under this chapter to any division or office within the office of the secretary.

(2) Issue administrative orders under IC 4-21.5-3-6 regarding the provision of a home and community based services waiver.

As added by P.L.174-2025, SEC.14. Amended by P.L.160-2026, SEC.2.

IC 12-8-1.6-5Eligibility and certification Sec. 5. (a) The office of the secretary shall establish:

(1) eligibility criteria for an individual to receive; and

(2) certification criteria for a provider of;

services under a home and community based services waiver.

(b) The eligibility criteria established under subsection (a) may vary based on the targeted need of each home and community based services waiver.

(c) An individual who is determined by the office of the secretary to be ineligible for services under a home and community based services waiver may appeal the determination under IC 4-21.5.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-6Placement authority Sec. 6. The office of the secretary shall serve as the placement authority for individuals receiving services under a home and community based services waiver and an individual service plan.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-7Access to services Sec. 7. Subject to the availability of applicable waiver slots and funding, the office of the secretary shall provide access to home and community based services that are appropriate and necessary for an individual determined to be eligible by the office of the secretary for services under a home and community based services waiver.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-8Provider compliance with waiver requirements Sec. 8. A provider of services under a home and community based services waiver shall follow any waiver requirements under federal law and developed by the office of the secretary, including the planning process, service plan, and home and community based setting requirements set forth in 42 CFR 441.301.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-9Waiver requirements Sec. 9. A home and community based services waiver, including the delivery and receipt of services provided under the home and community based services waiver, must meet the following requirements:

(1) Be provided under public supervision.

(2) Be individualized and designed to meet the needs of individuals eligible to receive services under the home and community based services waiver.

(3) Meet applicable state and federal standards.

(4) Be provided by qualified personnel.

(5) Be provided, to the extent appropriate, with services provided under the home and community based services waiver that are provided in a home and community based setting where nonwaiver individuals receive services.

(6) Be provided in accordance with an individual's:

(A) service plan; and

(B) choice of provider of waiver services.

As added by P.L.174-2025, SEC.14. Amended by P.L.160-2026, SEC.3.

IC 12-8-1.6-9.5Duties of waiver recipient and case manager Sec. 9.5. (a) An individual receiving services under a home and community based services waiver shall do the following:

(1) Review any record or statement the individual receives under IC 12-15-11-11.

(2) Not later than forty-five (45) days after receiving a record or statement described in subdivision (1), report to the office of the secretary, the provider, or other appropriate entity any:

(A) error in the record or statement; or

(B) inconsistency between the record or statement and services received.

(b) Upon request, the case manager of a recipient described in subsection (a) shall do the following:

(1) Assist the recipient in reviewing the recipient's record or statement described in subsection (a)(1).

(2) Assist in reporting and resolving any error or inconsistency under subsection (a).

As added by P.L.160-2026, SEC.4.

IC 12-8-1.6-10Reimbursement for certain services; home and community based services; limitations concerning assisted living services; integrated health care coordination; rules Sec. 10. (a) This section applies to the following:

(1) A home and community based services waiver that included assisted living services as an available service before July 1, 2025.

(2) An assisted living waiver described in IC 12-15-1.3-26.

(b) As used in this section, "office" includes the following:

(1) The office of the secretary of family and social services.

(2) A managed care organization that has contracted with the office of Medicaid policy and planning under IC 12-15.

(3) A person that has contracted with a managed care organization described in subdivision (2).

(c) Under a home and community based services waiver that provides services to an individual who is aged or disabled, the office shall reimburse for the following services provided to the individual by a provider of assisted living services, if included in the individual's home and community based services plan:

(1) Assisted living services.

(2) Integrated health care coordination.

(3) Transportation.

(d) If the office approves an increase in the level of services for a recipient of assisted living services, the office shall reimburse the provider of assisted living services for the level of services for the increase as of the date that the provider has documentation of providing the increase in the level of services.

(e) The office may reimburse for any home and community based services provided to a Medicaid recipient beginning on the date of the individual's Medicaid application.

(f) The office may not do any of the following concerning assisted living services provided in a home and community based services program:

(1) Require the installation of a sink in the kitchenette within any living unit of an entity that participated in the Medicaid home and community based services program before July 1, 2018.

(2) Require all living units within a setting that provides assisted living services to comply with physical plant requirements that are applicable to individual units occupied by a Medicaid recipient.

(3) Require a provider to offer only private rooms.

(4) Require a housing with services establishment provider to provide housing when:

(A) the provider is unable to meet the health needs of a resident without:

(i) undue financial or administrative burden; or

(ii) fundamentally altering the nature of the provider's operations; and

(B) the resident is unable to arrange for services to meet the resident's health needs.

(5) Require a housing with services establishment provider to separate an agreement for housing from an agreement for services.

(6) Prohibit a housing with services establishment provider from offering studio apartments with only a single sink in the unit.

(7) Preclude the use of a shared bathroom between adjoining or shared units if the participants consent to the use of a shared bathroom.

(8) Reduce the scope of services that may be provided by a provider of assisted living services under the aged and disabled Medicaid waiver in effect on July 1, 2021.

(g) A Medicaid recipient who has a home and community based services plan that includes:

(1) assisted living services; and

(2) integrated health care coordination;

shall choose whether the provider of assisted living services or the office provides the integrated health care coordination to the recipient.

(h) Integrated health care coordination provided by a provider of assisted living services under this section is not duplicative of any services provided by the office.

(i) The office of the secretary may adopt rules under IC 4-22-2 that establish the right, and an appeals process, for a resident to appeal a provider's determination that the provider is unable to meet the health needs of the resident as described in subsection (f)(4). The process:

(1) must require an objective third party to review the provider's determination in a timely manner; and

(2) may not be required if the provider is licensed by the Indiana department of health and the licensure requirements include an appellate procedure for such a determination.

As added by P.L.174-2025, SEC.14. Amended by P.L.23-2026, SEC.73; P.L.160-2026, SEC.5.

IC 12-8-1.6-11Determination of savings; report Sec. 11. (a) The office of the secretary shall annually determine any state savings generated by home and community based services under this chapter by reducing the use of institutional care.

(b) The office of the secretary shall annually report to the governor, the budget agency, the budget committee, the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4, and the executive director of the legislative services agency the savings determined under subsection (a). A report under this subsection to the executive director of the legislative services agency must be in an electronic format under IC 5-14-6.

(c) Savings determined under subsection (a) may be used to fund the state's share of additional home and community based Medicaid waiver slots.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.6-12Rules Sec. 12. The office of the secretary may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.174-2025, SEC.14.

IC 12-8-1.7Chapter 1.7. Individuals in Need of Self-Directed In-Home Care

12-8-1.7-1"Attendant care services" 12-8-1.7-2"Individual in need of self-directed in-home care" 12-8-1.7-3"Personal services attendant" 12-8-1.7-4Self-direct care options and services 12-8-1.7-5Registration; prohibition 12-8-1.7-6Registration by the office of the secretary; duties of the office of the secretary 12-8-1.7-7Physician's or health care professional's written opinion 12-8-1.7-8Employer; immunity; liability 12-8-1.7-9Responsibilities of individuals in need of self-directed in-home care 12-8-1.7-10Contracts 12-8-1.7-11Amendment of home and community based services waiver; payments not considered income 12-8-1.7-12Rules

IC 12-8-1.7-1"Attendant care services" Sec. 1. As used in this chapter, "attendant care services" means the basic and ancillary services that the individual chooses to direct and supervise a personal services attendant to perform and that enable an individual in need of self-directed in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care, and mobility.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-2"Individual in need of self-directed in-home care" Sec. 2. As used in this chapter, "individual in need of self-directed in-home care" means an individual with a disability, or a person responsible for making health related decisions for the individual with a disability, who:

(1) is approved to receive Medicaid waiver services under 42 U.S.C. 1396n(c);

(2) is in need of attendant care services because of impairment;

(3) requires assistance to complete functions of daily living, self-care, and mobility, including those functions included in attendant care services;

(4) chooses to self-direct a paid personal services attendant to perform attendant care services; and

(5) assumes the responsibility to initiate self-directed in-home care and exercise judgment regarding the manner in which those services are delivered, including the decision to employ, train, and dismiss a personal services attendant.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-3"Personal services attendant" Sec. 3. As used in this chapter, "personal services attendant" means an individual who is registered to provide attendant care services under this chapter and who has entered into a contract with an individual and acts under the individual's direction to provide attendant care services that could be performed by the individual if the individual were physically capable.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-4Self-direct care options and services Sec. 4. The office of the secretary shall have self-directed care options and services available for an eligible individual who:

(1) receives services under a home and community based services waiver (as defined in IC 12-8-1.6-2); and

(2) chooses self-directed care services.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-5Registration; prohibition Sec. 5. (a) An individual may not provide attendant care services for compensation from Medicaid for an individual in need of self-directed in-home care services unless the individual is registered under this chapter.

(b) Except in instances of extraordinary care, an individual who is a legally responsible relative of an individual in need of self-directed in-home care, including a parent of a minor individual and a spouse, is precluded from providing attendant care services for compensation under this chapter.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-6Registration by the office of the secretary; duties of the office of the secretary Sec. 6. (a) The office of the secretary shall register an individual to provide services under this chapter who provides the following:

(1) A personal resume containing information concerning the individual's qualifications, work experience, and any credentials the individual may hold. The individual must certify that the information contained in the resume is true and accurate.

(2) The individual's:

(A) limited criminal history check from the Indiana central repository for criminal history information under IC 10-13-3;

(B) expanded criminal history check (as defined in IC 20-26-2-1.5); or

(3) If applicable, the individual's state nurse aide registry report from the Indiana department of health. This subdivision does not require an individual to be a nurse aide.

(4) Three (3) letters of reference.

(5) Proof that the individual is at least eighteen (18) years of age.

(6) Any other information required by the office of the secretary.

(b) A registration is valid for two (2) years. A personal services attendant may renew the personal services attendant's registration by updating any information in the file that has changed. The limited criminal history check and state nurse aide registry report required under subsection (a)(2) and (a)(3) must be updated every two (2) years.

(1) comments related to the provision of attendant care services submitted by an individual in need of self-directed in-home care who has employed the personal services attendant; and

(2) the items described in subsection (a)(1) through (a)(4).

(d) Upon request, the office of the secretary shall provide to an individual in need of self-directed in-home care the following:

(1) Without charge, a list of personal services attendants who are registered with the office of the secretary and available within the requested geographic area.

(2) A copy of the information of a specified personal services attendant who is on file with the office of the secretary under subsection (c). The office of the secretary may charge a fee for shipping, handling, and copying expenses.

(e) The limited criminal history check requirement described in subsection (a)(2) may be satisfied by fulfilling the components of an expanded criminal history check under IC 20-26-2-1.5 and is subject to the conditions described in IC 16-27-2-4(c).

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-7Physician's or health care professional's written opinion Sec. 7. The case manager of an individual in need of self-directed in-home care shall maintain the written opinion of the individual's attending physician or health care professional in a case file that is maintained for the individual by the case manager.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-8Employer; immunity; liability Sec. 8. (a) A personal services attendant who is hired by the individual in need of self-directed in-home care is an employee of the individual in need of self-directed in-home care.

(b) The office of the secretary is not liable for any actions of a personal services attendant or an individual in need of self-directed in-home care.

(c) A personal services attendant and an individual in need of self-directed in-home care are each liable for any negligent or wrongful act or omission in which the person personally participates.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-9Responsibilities of individuals in need of self-directed in-home care Sec. 9. (a) Except as provided in subsection (b), an individual in need of self-directed in-home care is responsible for recruiting, hiring, training, paying, certifying any employment related documents, dismissing, and supervising in the individual's home during service hours a personal services attendant who provides attendant care services for the individual.

(b) If an individual in need of self-directed in-home care is:

(1) less than twenty-one (21) years of age; or

(2) unable to direct in-home care because of a brain injury or mental deficiency;

the individual's parent, spouse, or legal guardian or a person possessing a valid power of attorney for the individual may make employment, care, and training decisions and certify any employment related documents on behalf of the individual.

(c) An individual in need of self-directed in-home care or an individual under subsection (b) and the individual's case manager shall develop an authorized care plan. The authorized care plan must include a list of weekly services or tasks that must be performed to comply with the authorized care plan.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-10Contracts Sec. 10. The individual in need of self-directed in-home care and the personal services attendant must each sign a contract, in a form approved by the office of the secretary, that includes, at a minimum, the following provisions:

(1) The responsibilities of the personal services attendant.

(2) The frequency the personal services attendant will provide attendant care services.

(3) The duration of the contract.

(4) The hourly wage of the personal services attendant. The wage may not be less than the federal minimum wage or more than the rate that the recipient is eligible to receive under a Medicaid home and community based services waiver.

(5) Reasons and notice agreements for early termination of the contract.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-11Amendment of home and community based services waiver; payments not considered income Sec. 11. (a) The office of the secretary shall amend or implement a home and community based services waiver (as defined in IC 12-8-1.6-2) to provide for the payment for attendant care services provided by a personal services attendant for an individual in need of self-directed in-home care under this chapter, including any related record keeping and employment expenses.

(b) The office of the secretary shall not, to the extent permitted by federal law, consider as income money paid under this chapter to or on behalf of an individual in need of self-directed in-home care to enable the individual to employ registered personal services attendants for purposes of determining the individual's income eligibility for services under this chapter or IC 12-8-1.6.

As added by P.L.174-2025, SEC.15.

IC 12-8-1.7-12Rules Sec. 12. The office of the secretary shall adopt rules under IC 4-22-2 concerning the following:

(1) The method of payment to a personal services attendant who provides authorized services under this chapter.

(2) Record keeping requirements for personal attendant services.

(3) The receipt, review, and investigation of complaints concerning the:

(A) neglect;

(B) abuse;

(D) misappropriation of property;

of an individual in need of self-directed in-home care by a personal services attendant.

(4) Establishing notice and administrative hearing procedures in accordance with IC 4-21.5.

(5) Appeal procedures, including judicial review of administrative hearings.

(6) Procedures to place a personal services attendant who has been determined to have been guilty of:

(A) neglect;

(B) abuse;

(D) misappropriation of property;

of an individual in need of self-directed in-home care on the state nurse aide registry.

(7) Any rules necessary to implement this chapter.

As added by P.L.174-2025, SEC.15.

IC 12-8-2Chapter 2. Expired[Pre-1992 Revision Citations:

12-8-2-1formerly 12-6-3-212-8-2-2formerly 12-6-3-312-8-2-3formerly 12-6-3-112-8-2-4formerly 12-6-3-612-8-2-5formerly 12-6-3-712-8-2-6formerly 12-6-3-812-8-2-7formerly 12-6-3-912-8-2-8formerly 12-6-3-1012-8-2-9formerly 12-6-3-1112-8-2-10formerly 12-6-3-1212-8-2-11formerly 12-6-3-1312-8-2-12formerly 12-6-9-1.]Expired 6-30-2011 by P.L.182-2009(ss), SEC.295.

IC 12-8-2.5Chapter 2.5. Family and Social Services Bodies

12-8-2.5-0.3Legalization of certain actions 12-8-2.5-1"Body" 12-8-2.5-2"Member" 12-8-2.5-3Application of chapter 12-8-2.5-3.5Service on advisory councils 12-8-2.5-4Member appointed to fixed term; limitations 12-8-2.5-5Officeholder as member; tenure 12-8-2.5-6Vacancies 12-8-2.5-7Appointment of presiding officer 12-8-2.5-8Voting member status 12-8-2.5-9Quorum 12-8-2.5-10Majority vote 12-8-2.5-11Compensation; expense reimbursement 12-8-2.5-11.5Agenda

IC 12-8-2.5-0.3Legalization of certain actions Sec. 0.3. (a) Actions taken under IC 12-8-2 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.

(b) Actions taken under IC 12-8-2 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-2 had not expired on June 30, 2011.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-1"Body" Sec. 1. As used in this chapter, "body" refers to an entity described in section 3 of this chapter.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-2"Member" Sec. 2. As used in this chapter, "member" refers to a member of a body.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-3Application of chapter Sec. 3. Unless otherwise provided by a statute, this chapter applies to the following:

(1) The following advisory councils:

(A) The division of disability and rehabilitative services advisory council.

(B) The division of family resources advisory council.

(2) A body:

(A) established by statute for a division; and

(B) whose enabling statute makes this chapter applicable to the body.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-3.5Service on advisory councils Sec. 3.5. Up to five (5) individuals appointed by the secretary to serve on an entity not described in section 3(1) of this chapter may be appointed to serve concurrently on an advisory council described in section 3(1) of this chapter. However, an individual may not serve concurrently on more than one (1) advisory council described in section 3(1) of this chapter.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-4Member appointed to fixed term; limitations Sec. 4. (a) This section applies only to a member who by statute is appointed to a fixed term.

(b) The term of an individual serving as a member begins on the latter of the following:

(1) The day the term of the member whom the individual is appointed to succeed expires. If the individual does not succeed a member, the member's term begins as provided in subdivision (2).

(2) The day the individual is appointed.

(c) The term of a member expires on July 1 of the second year after the expiration of the term of the member's immediate predecessor. If the member has no immediate predecessor, the term of the member expires on July 1 of the second year after the member's term began.

(d) A member may be reappointed for a new term. A reappointed member is the member's own:

(1) successor for purposes of subsection (b); and

(2) immediate predecessor for purposes of subsection (c).

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-5Officeholder as member; tenure Sec. 5. (a) This section applies only to an individual who serves as a member because of an office the individual holds.

(b) The individual serves as a member until the individual no longer holds the office.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-6Vacancies Sec. 6. The appointing authority of a member shall appoint an individual to fill a vacancy in the office of the member.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-7Appointment of presiding officer Sec. 7. Except as provided in another statute, the governor shall appoint a voting member of the body to be the presiding officer of the body.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-8Voting member status Sec. 8. Unless otherwise provided by a statute, a member is a voting member.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-9Quorum Sec. 9. A majority of the voting members of the body constitutes a quorum.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-10Majority vote Sec. 10. The affirmative vote of a majority of the voting members of the body is required for the body to take any action.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-11Compensation; expense reimbursement Sec. 11. (a) A member who is not a state employee is entitled to both of the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).

(2) Reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) A member who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(c) A member who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to members of the general assembly serving on interim study committees established by the legislative council.

As added by P.L.160-2012, SEC.17.

IC 12-8-2.5-11.5Agenda Sec. 11.5. In addition to the requirements of IC 5-14-1.5, the office of the secretary or a division will make a good faith effort to ensure that members of any body subject to this chapter receive a copy of an agenda at least forty-eight (48) hours before any meeting of the body.

As added by P.L.160-2012, SEC.17.

IC 12-8-3Chapter 3. Repealed[Pre-1992 Revision Citations:

12-8-3-1formerly 12-6-1-212-8-3-2formerly 12-6-3-4(a)12-8-3-3formerly 12-6-3-4(b)12-8-3-4formerly 12-6-3-4(c)12-8-3-5formerly 12-6-3-4(d)12-8-3-6formerly 12-6-9-1.]Repealed by P.L.229-2011, SEC.271.

IC 12-8-4Chapter 4. Repealed[Pre-1992 Revision Citations:

12-8-4-1formerly 12-6-4-112-8-4-2formerly 12-6-4-212-8-4-3formerly 12-6-4-312-8-4-4formerly 12-6-9-1.]Repealed by P.L.253-1997(ss), SEC.44.

IC 12-8-5Chapter 5. Repealed[Pre-1992 Revision Citations:

12-8-5-1formerly 12-6-5-112-8-5-2formerly 12-16-5-212-8-5-3formerly 12-6-5-312-8-5-4formerly 12-6-9-1.]Repealed by P.L.253-1997(ss), SEC.44.

IC 12-8-6Chapter 6. Expired[Pre-1992 Revision Citations:

12-8-6-1formerly 12-6-6-112-8-6-2formerly 12-6-6-212-8-6-3formerly 12-6-6-312-8-6-4formerly 12-6-6-412-8-6-5formerly 12-6-6-912-8-6-6formerly 12-6-6-1012-8-6-7formerly 12-6-6-6(c)12-8-6-8formerly 12-6-6-7(c)12-8-6-9formerly 12-6-6-8(c)12-8-6-10formerly 12-6-9-1.]Expired 6-30-2011 by P.L.182-2009(ss), SEC.296.

IC 12-8-6.5Chapter 6.5. Office of Medicaid Policy and Planning

12-8-6.5-0.3Legalization of certain actions 12-8-6.5-1Establishment 12-8-6.5-2Administrator 12-8-6.5-3Repealed 12-8-6.5-4Development and coordination of state Medicaid policy 12-8-6.5-5Rules 12-8-6.5-6Administrative adjudication; secretary; ultimate authority 12-8-6.5-7Written memorandum of understanding; division of mental health and addiction 12-8-6.5-8Memorandum of understanding with division of disability, aging, and rehabilitative services 12-8-6.5-9Written memorandum of understanding; department of child services; division of family resources 12-8-6.5-10Reduction of reimbursement rates; over the counter drugs; schedules; strategies; case management 12-8-6.5-11Repealed 12-8-6.5-12Effect of hospital assessment fees imposed under P.L. 229-2011, SECTION 281 12-8-6.5-13Expired 12-8-6.5-13.5Expired 12-8-6.5-14Doula reimbursement advisory board established; members; reporting requirement 12-8-6.5-14.1Doula reimbursement advisory board; staff support; election of chair and vice chair; meetings 12-8-6.5-14.3Doula reimbursement advisory board; terms; vacancies 12-8-6.5-15Doula reimbursement advisory board; reimbursement of member expenses 12-8-6.5-16Medicaid program review and reporting; Medicaid oversight committee

IC 12-8-6.5-0.3Legalization of certain actions Sec. 0.3. (a) Actions taken under IC 12-8-6 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.

(b) Actions taken under IC 12-8-6 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-6 had not expired on June 30, 2011.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-1Establishment Sec. 1. The office of Medicaid policy and planning is established.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-2Administrator Sec. 2. The secretary shall appoint an administrator responsible for management of the office.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-3RepealedAs added by P.L.160-2012, SEC.18. Repealed by P.L.109-2014, SEC.16.

IC 12-8-6.5-4Development and coordination of state Medicaid policy Sec. 4. Under the direction of the secretary, the office shall develop and coordinate Medicaid policy for the state.

As added by P.L.160-2012, SEC.18. Amended by P.L.109-2014, SEC.17.

IC 12-8-6.5-5Rules Sec. 5. The secretary may adopt rules under IC 4-22-2 to implement this chapter and the state Medicaid program.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-6Administrative adjudication; secretary; ultimate authority Sec. 6. (a) For purposes of IC 4-15-10.5 and IC 4-21.5, the secretary is the ultimate authority for the state Medicaid applicant and eligibility appeals.

(b) The secretary shall adopt rules under IC 4-22-2 to specify any additional necessary procedures for administrative review of an agency action under IC 4-21.5 and the state Medicaid program.

As added by P.L.160-2012, SEC.18. Amended by P.L.92-2025, SEC.10.

IC 12-8-6.5-7Written memorandum of understanding; division of mental health and addiction Sec. 7. The office and the division of mental health and addiction shall develop a written memorandum of understanding that provides the following:

(1) Program responsibilities for the provision of care and treatment for individuals with a mental illness.

(2) Responsibilities to educate and inform vendors of the proper billing procedures.

(3) Responsibilities in administering the state plan.

(4) Responsibilities for Medicaid fiscal and quality accountability and audits for mental health services.

(5) That the division shall recommend options and services to be reimbursed under the state plan.

(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., individuals with a mental illness cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.

(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for individuals with a mental illness.

(8) That the division shall develop rate setting policies for medical assistance services for individuals with a mental illness.

(9) Policies to facilitate communication between the office and the division.

(10) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of mental health services.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-8Memorandum of understanding with division of disability, aging, and rehabilitative services Sec. 8. The office and the division of disability, aging, and rehabilitative services shall develop a written memorandum of understanding that provides the following:

(1) Program responsibilities for the provision of care and treatment for individuals with a developmental disability and long term care recipients.

(2) Responsibilities to educate and inform vendors of the proper billing procedures.

(3) Responsibilities in administering the state plan.

(4) Responsibilities for Medicaid fiscal and quality accountability and audits for developmental disability and long term care services.

(5) That the division shall recommend options and services to be reimbursed under the state plan.

(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., individuals with a developmental disability and long term care recipients cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.

(8) That the division shall develop rate setting policies for medical assistance services for individuals with a developmental disability and long term care recipients.

(9) That the office, with the assistance of the division, shall apply for waivers from the United States Department of Health and Human Services to fund community and home based long term care services as alternatives to institutionalization.

(10) Policies to facilitate communication between the office and the division.

(11) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of developmental disability or long term care services.

As added by P.L.160-2012, SEC.18. Amended by P.L.122-2026, SEC.30.

IC 12-8-6.5-9Written memorandum of understanding; department of child services; division of family resources Sec. 9. The office, the division of family resources, and the department of child services shall develop a written memorandum of understanding that provides the following:

(1) Program responsibilities for the provision of care and treatment for recipients served by the division.

(2) Responsibilities to educate and inform vendors of the proper billing procedures.

(3) Responsibilities in administering the state plan.

(4) Responsibilities for Medicaid fiscal and quality accountability and audits for services administered by the division.

(5) That the division shall recommend options and services to be reimbursed under the Medicaid state plan.

(6) That the office and the division agree that, within the limits of 42 U.S.C. 1396 et seq., recipients served by the division cannot be excluded from services on the basis of diagnosis unless these services are otherwise provided and reimbursed under the state plan.

(8) That the division shall develop rate setting policies for medical assistance services administered by the division.

(9) Policies to facilitate communication between the office and the division.

(10) Any additional provisions that enhance communication between the office and the division or facilitate more efficient or effective delivery of services.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-10Reduction of reimbursement rates; over the counter drugs; schedules; strategies; case management Sec. 10. (a) The office shall reduce reimbursement rates for over-the-counter drugs by ten percent (10%) not later than July 1, 2001.

(b) The office shall implement a Maximum Allowable Cost schedule for off-patent drugs not later than November 1, 2001.

(c) Not later than January 1, 2002, the office shall implement an information strategy directed to high volume prescribers.

(d) Beginning July 1, 2002, the office shall phase in case management for aged, blind, and disabled Medicaid recipients.

As added by P.L.160-2012, SEC.18.

IC 12-8-6.5-11RepealedAs added by P.L.160-2012, SEC.18. Repealed by P.L.93-2024, SEC.106.

IC 12-8-6.5-12Effect of hospital assessment fees imposed under P.L. 229-2011, SECTION 281 Sec. 12. (a) As used in this section, "SECTION 281" refers to P.L.229-2011, SECTION 281.

(b) Notwithstanding the expiration of SECTION 281, the office of Medicaid policy and planning may:

(1) collect an unpaid hospital assessment fee under SECTION 281 owed by a hospital;

(2) refund a hospital assessment fee paid by the hospital under SECTION 281;

(3) make payments for programs described in subsection (f) of SECTION 281;

(4) make payments to hospitals in accordance with subsection (m) of SECTION 281; and

(5) make payments to private psychiatric institutions in accordance with subsection (o) of SECTION 281;

at any time, including after the expiration of SECTION 281.

(1) collect an unpaid hospital assessment fee under IC 16-21-10 owed by a hospital;

(2) refund a hospital assessment fee paid by a hospital under IC 16-21-10;

(3) make payments for programs described in IC 16-21-10-8(a);

(4) make payments under IC 16-21-10-11; and

(5) make payments under IC 16-21-10-13;

at any time, including after the hospital assessment fee ceases to be collected under IC 16-21-10.

As added by P.L.205-2013, SEC.181.

IC 12-8-6.5-13ExpiredAs added by P.L.180-2022(ss), SEC.12. Expired 1-1-2023 by P.L.180-2022(ss), SEC.12.

IC 12-8-6.5-13.5ExpiredAs added by P.L.203-2023, SEC.4. Expired 1-1-2024 by P.L.203-2023, SEC.4.

IC 12-8-6.5-14Doula reimbursement advisory board established; members; reporting requirement Sec. 14. (a) As used in this section, "board" refers to the doula reimbursement advisory board established by subsection (b).

(b) The doula reimbursement advisory board is established for the purpose of making recommendations to the office of the secretary regarding appropriate reimbursement methodologies for doula services.

(1) Four (4) legislative members appointed as follows:

(A) One (1) member of the senate, appointed by the president pro tempore of the senate.

(B) One (1) member of the senate, appointed by the minority leader of the senate.

(D) One (1) member of the house of representatives, appointed by the minority leader of the house of representatives.

(2) Nine (9) lay members appointed as follows, subject to subsections (d) and (e):

(A) One (1) member appointed by the governor.

(B) One (1) member appointed by the president pro tempore of the senate.

(D) One (1) member appointed by the speaker of the house of representatives.

(E) One (1) member appointed by the minority leader of the house of representatives.

(F) One (1) member appointed by the secretary.

(G) One (1) member appointed by the state health commissioner.

(H) One (1) member appointed by the director of the department of child services.

(I) One (1) member appointed by the chief operating officer of the Indiana Minority Health Coalition.

(d) A lay member of the board must be a doula, doula administrator, or other birthing professional.

(e) The lay membership of the board must be racially and ethnically diverse.

(f) In making recommendations to the office of the secretary under subsection (b), the board shall study and take into account doula reimbursement methodologies used by other states.

(g) On or before July 1, 2027, and July 1 biennially thereafter, the board shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the board during the preceding two (2) years.

As added by P.L.180-2022(ss), SEC.13. Amended by P.L.161-2025, SEC.18.

IC 12-8-6.5-14.1Doula reimbursement advisory board; staff support; election of chair and vice chair; meetings Sec. 14.1. (a) As used in this section, "board" refers to the doula reimbursement advisory board established by section 14 of this chapter.

(b) The family and social services administration shall provide staff support to the board.

(c) The members of the board shall annually elect a chair and vice chair from the membership of the board. Before August 1, 2024, the office of the secretary shall schedule a meeting of the board to elect the chair and vice chair. Thereafter, the board shall meet at the call of the chair. The chair elected under this subsection shall serve until a successor is elected in the following calendar year.

As added by P.L.42-2024, SEC.77.

IC 12-8-6.5-14.3Doula reimbursement advisory board; terms; vacancies Sec. 14.3. (a) As used in this section, "board" refers to the doula reimbursement advisory board established by section 14 of this chapter.

(b) A member of the general assembly appointed to the board serves a two (2) year term that expires June 30 of an odd-numbered year.

(1) For a member appointed under section 14(c)(2)(B), 14(c)(2)(C), 14(c)(2)(D), or 14(c)(2)(E) of this chapter, June 30 of each odd-numbered year.

(2) For a member appointed under section 14(c)(2)(A), 14(c)(2)(F), 14(c)(2)(G), 14(c)(2)(H), or 14(c)(2)(I) of this chapter, June 30, 2027, and every fourth year thereafter.

(d) A member of the board serves at the pleasure of the appointing authority and may be reappointed to successive terms.

(e) A vacancy on the board shall be filled by the appropriate appointing authority. An individual appointed to fill a vacancy serves for the unexpired term of the individual's predecessor.

As added by P.L.42-2024, SEC.78. Amended by P.L.1-2025, SEC.166.

IC 12-8-6.5-15Doula reimbursement advisory board; reimbursement of member expenses Sec. 15. (a) As used in this section, "board" refers to the doula reimbursement advisory board established by section 14 of this chapter.

(b) Each member of the board who is not a state employee is entitled to reimbursement for mileage, traveling expenses as provided under IC 4-13-1-4, and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(c) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) Each member of the board who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

(e) Expenses paid under subsections (b) and (c) shall be paid from appropriations made to the family and social services administration.

As added by P.L.42-2024, SEC.79.

IC 12-8-6.5-16Medicaid program review and reporting; Medicaid oversight committee Sec. 16. The secretary and the office of Medicaid policy and planning shall do each of the following as it pertains to the state Medicaid program:

(1) Review monthly reports on the Medicaid program service utilization to identify trends and risks within the state Medicaid program.

(2) Complete and post publicly on the office of the secretary's website:

(A) monthly financial reports or expenditures and revenues for each state Medicaid program; and

(B) commentary providing context for each monthly financial report.

(3) Submit a quarterly report to the budget committee and the Medicaid oversight committee established by IC 2-5-54-2 containing each report required under subdivision (2) and a summary of the overall financial trends for the entire quarter.

As added by P.L.182-2025, SEC.7.

IC 12-8-7Chapter 7. Repealed[Pre-1992 Revision Citations:

12-8-7-1formerly 12-6-7-112-8-7-2formerly 12-6-7-212-8-7-3formerly 12-6-7-312-8-7-4formerly 12-6-7-412-8-7-5formerly 12-6-9-1.]Repealed by P.L.253-1997(ss), SEC.44.

IC 12-8-8Chapter 8. Expired[Pre-1992 Revision Citations:

12-8-8-1formerly 12-6-8-212-8-8-2formerly 12-6-8-3; 16-13-1-7.1(a)(1)12-8-8-3formerly 12-6-8-412-8-8-4formerly 12-6-8-5; 16-13-1-2412-8-8-5formerly 12-6-8-612-8-8-6formerly 12-6-8-712-8-8-7formerly 12-6-8-812-8-8-8formerly 12-6-9-1.]Expired 6-30-2011 by P.L.182-2009(ss), SEC.297.

IC 12-8-8.5Chapter 8.5. Divisions and Directors

12-8-8.5-0.3Legalization of certain actions 12-8-8.5-1Appointment; termination 12-8-8.5-2Chief administrator; responsibility 12-8-8.5-3Appointing authority; delegation 12-8-8.5-4Rules 12-8-8.5-5Administrative adjudication; designation of ultimate authority 12-8-8.5-6Budget

IC 12-8-8.5-0.3Legalization of certain actions Sec. 0.3. (a) Actions taken under IC 12-8-8 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008.

(b) Actions taken under IC 12-8-8 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-8 had not expired on June 30, 2011.

As added by P.L.160-2012, SEC.19.

IC 12-8-8.5-1Appointment; termination Sec. 1. Subject to the approval of the governor, the secretary:

(1) shall appoint each director; and

(2) may terminate the employment of a director.

As added by P.L.160-2012, SEC.19.

IC 12-8-8.5-2Chief administrator; responsibility Sec. 2. (a) A director is the chief administrator of the director's division.

(b) A director is responsible to the secretary for the operation and performance of the director's division.

As added by P.L.160-2012, SEC.19.

IC 12-8-8.5-3Appointing authority; delegation Sec. 3. (a) The secretary is the appointing authority for the division.

(b) The secretary may delegate a division director or other employee of the office of the secretary to make division appointments and decisions concerning current appointments.

(c) Except as provided in subsection (d), the secretary is the appointing authority for the office of family and social services, including the divisions, offices, and institutions of the office of family and social services.

(d) The secretary may delegate the appointing authority for a division, office, institution, or other group of employees subject to IC 4-15-2.2.

(e) The delegation of the appointing authority under subsection (d) may affect the procedure and the division, office, institution, or other group of employees affected by actions under IC 4-15-2.2-40.

As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.2; P.L.35-2016, SEC.9.

IC 12-8-8.5-4Rules Sec. 4. (a) The secretary may adopt rules under IC 4-22-2 relating to the operation of the division and to implement the programs of the division.

(b) Whenever a division is required to adopt rules under IC 4-22-2, the secretary is the statutory authority that adopts the rules.

As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.3.

IC 12-8-8.5-5Administrative adjudication; designation of ultimate authority Sec. 5. (a) The secretary is the ultimate authority for Medicaid applicant and eligibility appeals under IC 4-15-10.5 and IC 4-21.5 for purposes of the operation of the division and the programs of the division.

(b) The secretary may delegate an individual to serve as the ultimate authority.

As added by P.L.160-2012, SEC.19. Amended by P.L.39-2015, SEC.4; P.L.35-2016, SEC.10; P.L.92-2025, SEC.11.

IC 12-8-8.5-6Budget Sec. 6. A director is responsible for development and presentation of the budget of the director's division.

As added by P.L.160-2012, SEC.19.

IC 12-8-9Chapter 9. Repealed[Pre-1992 Revision Citations:

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

IC 12-8-10Chapter 10. Financial Services Group

12-8-10-1Application of chapter to money of state agencies used to obtain services from grantee agencies 12-8-10-2"Grantee agency" defined 12-8-10-3"Group" defined 12-8-10-4"Purchase of service format" defined 12-8-10-5Establishment 12-8-10-6Selection of grantee agencies to be compensated 12-8-10-7Procedure for reimbursing grantee agency; purchase of service format or other contract format use; determination 12-8-10-8Group procedure; requisites 12-8-10-9Records of grantee agencies; audits; requirements 12-8-10-10Audits; distribution of copies

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 12-7-3-13

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Section 12-7-3-13 ("Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Indiana § 12-7-3-13 - Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

§ 12-7-3-13. Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

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Frequently Asked Questions About Indiana § 12-7-3-13

What does Indiana Code § 12-7-3-13 cover?

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