IC 12TITLE 12. HUMAN SERVICES
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 6.REPEALED
           Art. 7.GENERAL PROVISIONS AND DEFINITIONS
           Art. 8.ADMINISTERING FAMILY AND SOCIAL SERVICES
           Art. 9.DIVISION OF DISABILITY AND REHABILITATIVE SERVICES
           Art. 9.1.DIVISION OF AGING
           Art. 10.AGING SERVICES
           Art. 10.5.RESPITE CARE SERVICES
           Art. 11.SERVICES FOR INDIVIDUALS WITH DISABILITIES
           Art. 12.REHABILITATION SERVICES
           Art. 12.5.QUALITY IMPROVEMENT SERVICES
           Art. 12.7.CHILD DEVELOPMENT SERVICES
           Art. 13.DIVISION OF FAMILY RESOURCES
           Art. 14.FAMILY ASSISTANCE SERVICES
           Art. 15.MEDICAID
           Art. 16.PAYMENT FOR HEALTH SERVICES OTHER THAN MEDICAID
           Art. 16.1.REPEALED
           Art. 16.5.THE HEALTH CARE COMPACT
           Art. 17.CHILDREN'S SERVICES
           Art. 17.2.DAY CARE REGULATION
           Art. 17.4.REPEALED
           Art. 17.5.REPEALED
           Art. 17.6.CHILDREN'S HEALTH INSURANCE PROGRAM
           Art. 17.7.REPEALED
           Art. 17.8.REPEALED
           Art. 18.FAMILY PROTECTION SERVICES
           Art. 19.COUNTY WELFARE ADMINISTRATION AND FINANCING
           Art. 20.TOWNSHIP ASSISTANCE
           Art. 21.DIVISION OF MENTAL HEALTH AND ADDICTION
           Art. 22.SERVICES FOR PERSONS WITH MENTAL ILLNESS
           Art. 23.ADDICTION SERVICES
           Art. 24.STATE INSTITUTIONS
           Art. 25.LICENSURE OF PRIVATE MENTAL HEALTH INSTITUTIONS
           Art. 26.VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
           Art. 27.RIGHTS OF INDIVIDUALS BEING TREATED FOR MENTAL ILLNESS OR DEVELOPMENTAL DISABILITIES
           Art. 28.MISCELLANEOUS PROVISIONS CONCERNING MENTAL ILLNESS AND DEVELOPMENTAL DISABILITIES
           Art. 29.FINANCING LOCAL PROGRAMS
           Art. 30.COUNTY HOMES AND OTHER COUNTY FACILITIES
           Art. 31.REPEALED
           Art. 32.RESTRICTIONS ON PUBLIC BENEFITS

 

IC 12-1ARTICLE 1. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-2ARTICLE 2. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-3ARTICLE 3. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-4ARTICLE 4. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-5ARTICLE 5. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-6ARTICLE 6. REPEALED

Repealed by P.L.2-1992, SEC.897.

 

IC 12-7ARTICLE 7. GENERAL PROVISIONS AND DEFINITIONS
           Ch. 0.1.Effect of 1992 Recodification
           Ch. 1.Application
           Ch. 2.Definitions
           Ch. 3.Effect of Previously Adopted Rules

 

IC 12-7-0.1Chapter 0.1. Effect of 1992 Recodification
           12-7-0.1-1P.L.2-1992 intended to be codification and restatement of law; no effect on substantive operation of prior law; treatment of references to prior law
           12-7-0.1-2Status of rules adopted under prior law
           12-7-0.1-3Preservation of background material related to recodification

 

IC 12-7-0.1-1P.L.2-1992 intended to be codification and restatement of law; no effect on substantive operation of prior law; treatment of references to prior law

     Sec. 1. (a) P.L.2-1992 is intended to be a codification and restatement of applicable or corresponding provisions repealed by P.L.2-1992. P.L.2-1992 is also intended to implement P.L.9-1991 to make conforming changes to carry out the legislative intent of P.L.9-1991. If P.L.2-1992 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.

     (b) A SECTION of P.L.2-1992 does not affect any:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) violations committed;

(4) proceedings begun;

(5) bonds, notes, loans, or other forms of indebtedness issued, incurred, or made; or

(6) tax levies made;

before the effective date of that SECTION of P.L.2-1992. Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, and tax levies continue and shall be imposed and enforced under prior law as if that SECTION of P.L.2-1992 had not been enacted.

     (c) A reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in P.L.2-1992 shall be treated after the effective date of the new provision as a reference to the new provision.

As added by P.L.220-2011, SEC.250.

 

IC 12-7-0.1-2Status of rules adopted under prior law

     Sec. 2. (a) Except as provided in subsection (b), a rule adopted under a provision repealed by P.L.2-1992 is valid and effective until a rule is adopted under IC 4-22-2 that:

(1) supersedes in whole or in part the rule adopted under a provision repealed by P.L.2-1992; or

(2) repeals the rule adopted under a provision repealed by P.L.2-1992.

     (b) If a rule adopted under a provision repealed by P.L.2-1992 before the effective date of the SECTION of P.L.2-1992 enacting or amending the statute authorizing the adoption:

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

(2) provides authority to a state agency that has been transferred to another state agency under P.L.2-1992;

the rule shall be interpreted to constitute an authorization to the state agency to which authority was transferred and not the former agency.

As added by P.L.220-2011, SEC.250.

 

IC 12-7-0.1-3Preservation of background material related to recodification

     Sec. 3. The general assembly may, by concurrent resolution, preserve any of the background materials related to P.L.2-1992.

As added by P.L.220-2011, SEC.250.

 

IC 12-7-1Chapter 1. Application
           12-7-1-1Application of definitions
           12-7-1-2References to federal statutes or regulations
           12-7-1-3References to federal statutes or regulations relating to the National Voter Registration Act
           12-7-1-4No effect of P.L.9-1991 on rights, liabilities, penalties, crimes, or proceedings
           12-7-1-5Legalization of actions taken under certain statutes after June 30, 1999, and before December 1, 1999

 

IC 12-7-1-1Application of definitions

     Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-1-2References to federal statutes or regulations

     Sec. 2. Except as otherwise provided in this title, a reference to federal statute or regulation in this title is a reference to the statute or regulation as in effect on January 1, 1992.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-1-3References to federal statutes or regulations relating to the National Voter Registration Act

     Sec. 3. Except as otherwise provided in this title, a reference in this title to a federal statute or regulation relating to the federal National Voter Registration Act of 1993 (52 U.S.C. 20501) is a reference to the statute or regulation as in effect September 1, 2014.

As added by P.L.122-2000, SEC.15. Amended by P.L.81-2005, SEC.32 and P.L.230-2005, SEC.69; P.L.128-2015, SEC.227.

 

IC 12-7-1-4No effect of P.L.9-1991 on rights, liabilities, penalties, crimes, or proceedings

     Sec. 4. P.L.9-1991 does not affect:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) crimes committed; or

(4) proceedings begun;

before January 1, 1992. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced under prior law as if P.L.9-1991 had not been enacted.

As added by P.L.220-2011, SEC.251.

 

IC 12-7-1-5Legalization of actions taken under certain statutes after June 30, 1999, and before December 1, 1999

     Sec. 5. Actions taken under IC 12-8-1 (expired), IC 12-8-2 (expired), IC 12-8-6 (expired), and IC 12-8-8 (expired) after June 30, 1999, and before December 1, 1999, are legalized and validated to the extent that those actions would have been legal and valid if P.L.7-2000 had been enacted before July 1, 1999.

As added by P.L.220-2011, SEC.252. Amended by P.L.160-2012, SEC.7.

 

IC 12-7-2Chapter 2. Definitions
           12-7-2-0.5ABLE account
           12-7-2-1Repealed
           12-7-2-1.3"Activities of daily living"
           12-7-2-1.4"Addiction treatment team"
           12-7-2-1.5"Administrator"
           12-7-2-1.8"Adult entertainment establishment"
           12-7-2-2"Adult protective services unit"
           12-7-2-3"Advance"
           12-7-2-3.1"Advanced practice nurse"
           12-7-2-3.3"Advisory committee"
           12-7-2-4"Advocacy"
           12-7-2-5"Advocate"
           12-7-2-6Repealed
           12-7-2-7"Affected agency"
           12-7-2-8"Aged"
           12-7-2-9"Agency"
           12-7-2-10"Alcohol abuse"
           12-7-2-11"Alcohol abuser"
           12-7-2-12"Alcohol and drug services program"
           12-7-2-13"Alcoholic"
           12-7-2-14"Alcoholism"
           12-7-2-14.3Alzheimer's and dementia special care
           12-7-2-14.7Ancillary services
           12-7-2-15"Applicant"
           12-7-2-15.5"Appropriate and medically necessary"
           12-7-2-16"Approved postsecondary educational institution"
           12-7-2-17"Asset disregard"
           12-7-2-18"Assistance"
           12-7-2-18.3"Attendant care services"
           12-7-2-18.5Authority
           12-7-2-18.7"Automated teller machine"
           12-7-2-19"Autism"
           12-7-2-20Repealed
           12-7-2-20.5"Basic necessities"
           12-7-2-20.7"Basic services"
           12-7-2-20.8Battery
           12-7-2-21"Blind"
           12-7-2-22Board
           12-7-2-23"Body"
           12-7-2-24"Bureau"
           12-7-2-24.5"Buy-in program"
           12-7-2-24.6"Caregiver"
           12-7-2-24.7Repealed
           12-7-2-24.8"Caretaker"
           12-7-2-24.9"Case contact"
           12-7-2-25"Case management"
           12-7-2-26"Center"
           12-7-2-26.1"Center for independent living"
           12-7-2-26.5"Chemical test"
           12-7-2-27"Chief magistrate"
           12-7-2-28"Child"
           12-7-2-28.1Repealed
           12-7-2-28.2"Child care"
           12-7-2-28.4"Child care center"
           12-7-2-28.6"Child care home"
           12-7-2-28.8"Child care ministry"
           12-7-2-28.9"Child care program"
           12-7-2-29"Child caring institution"
           12-7-2-30"Child in need of services"
           12-7-2-31Repealed
           12-7-2-31.5Repealed
           12-7-2-31.6Repealed
           12-7-2-32"Child welfare services"
           12-7-2-33Repealed
           12-7-2-33.5"Chronically medically dependent"
           12-7-2-33.6"Coalition"
           12-7-2-33.7"Class I child care home"
           12-7-2-33.8"Class II child care home"
           12-7-2-33.9"Clean claim"
           12-7-2-34"Commission"
           12-7-2-34.2"Commissioner"
           12-7-2-35"Committee"
           12-7-2-35"Committee"
           12-7-2-36"Community action agency"
           12-7-2-37"Community and home care services"
           12-7-2-38"Community mental health center"
           12-7-2-39"Community intellectual disability and other developmental disabilities centers"
           12-7-2-40"Community based residential program"
           12-7-2-40.2"Community spouse"
           12-7-2-40.4"Comprehensive risk contract"
           12-7-2-40.5"Compendia"
           12-7-2-40.6"Continuum of care"
           12-7-2-40.7"Consumer control"
           12-7-2-41"Contracting county"
           12-7-2-41.2"Contracting state"
           12-7-2-42"Contribution"
           12-7-2-43"Control board"
           12-7-2-43.5"Cooperate"
           12-7-2-44"Council"
           12-7-2-44.5"Counseling"
           12-7-2-44.6"Countable asset"
           12-7-2-44.7"Countable income"
           12-7-2-44.9"Countable resources"
           12-7-2-45"County office"
           12-7-2-46"County director"
           12-7-2-46.2"County home"
           12-7-2-46.5"Court"
           12-7-2-47Repealed
           12-7-2-47.5"Covered entity"
           12-7-2-48"Covered medical services"
           12-7-2-48.5"Covered outpatient drug"
           12-7-2-49Repealed
           12-7-2-50Repealed
           12-7-2-51"Creditor"
           12-7-2-51.4Repealed
           12-7-2-51.5Repealed
           12-7-2-51.7"Criteria"
           12-7-2-51.8"Cross-indicated drug"
           12-7-2-51.9"Cross-disability"
           12-7-2-52"Custodial authority of a building"
           12-7-2-52.2"Crowd out"
           12-7-2-53"Dangerous"
           12-7-2-53.2"Dangerous felony"
           12-7-2-54Repealed
           12-7-2-55Repealed
           12-7-2-55.1Repealed
           12-7-2-55.8"Decertify"
           12-7-2-56Repealed
           12-7-2-56.5Repealed
           12-7-2-57"Delinquent child"
           12-7-2-57.5"Department"
           12-7-2-58"Dependent child"
           12-7-2-58.5"Designated beneficiary"
           12-7-2-59"Designee"
           12-7-2-60"Destitute child"
           12-7-2-61"Developmental disability"
           12-7-2-62Repealed
           12-7-2-63Repealed
           12-7-2-64"Director"
           12-7-2-65Repealed
           12-7-2-66Repealed
           12-7-2-67"Discharge"
           12-7-2-67.5"Dispense"
           12-7-2-68"Distressed township"
           12-7-2-69"Division"
           12-7-2-69.5"Domestic violence"
           12-7-2-70Repealed
           12-7-2-71"Drug"
           12-7-2-72"Drug abuse"
           12-7-2-73"Drug abuser"
           12-7-2-73.2"Drug-disease contraindication"
           12-7-2-73.4"Drug-drug interaction"
           12-7-2-73.5Repealed
           12-7-2-73.6"Drug utilitization review or DUR"
           12-7-2-74"Early intervention services"
           12-7-2-74.3"EBT card"
           12-7-2-74.5"EBT program"
           12-7-2-75Repealed
           12-7-2-75.7Repealed
           12-7-2-76"Eligible individual"
           12-7-2-76.2Repealed
           12-7-2-76.3Repealed
           12-7-2-76.5"Emergency"
           12-7-2-76.6"Emergency medical condition"
           12-7-2-76.7Repealed
           12-7-2-76.8"Employed; employee; employment; employs"
           12-7-2-76.9"Emergency services"
           12-7-2-77Endangered adult
           12-7-2-77.1"Endangered adult medical alert"
           12-7-2-77.2"Enforcement action"
           12-7-2-77.5"Estate"
           12-7-2-78Repealed
           12-7-2-78.5"Essential person"
           12-7-2-79"Executive authority"
           12-7-2-80Repealed
           12-7-2-81"Expenses and obligations"
           12-7-2-82"Facility"
           12-7-2-82.2"Family or household member"
           12-7-2-82.3Repealed
           12-7-2-82.4Repealed
           12-7-2-82.5"Family support program"
           12-7-2-82.7"Federal act"
           12-7-2-83"Federal department"
           12-7-2-84"Federal facility"
           12-7-2-85"Federal income poverty level"
           12-7-2-85.1Repealed
           12-7-2-85.2Repealed
           12-7-2-85.3"Financial institution"
           12-7-2-85.4"Federal public benefit"
           12-7-2-85.5Repealed
           12-7-2-86"Fiscal body"
           12-7-2-87"Flight or fled"
           12-7-2-87.8"Food retailer"
           12-7-2-88"Forcible felony"
           12-7-2-89"Foster care"
           12-7-2-90Repealed
           12-7-2-91"Fund"
           12-7-2-91.4"Gatekeeper"
           12-7-2-92"Governmental entity"
           12-7-2-93"Governor"
           12-7-2-93.7Repealed
           12-7-2-94"Grantee agency"
           12-7-2-95"Grant-in-aid"
           12-7-2-96"Gravely disabled"
           12-7-2-97Repealed
           12-7-2-98"Group"
           12-7-2-98.2"Group size"
           12-7-2-98.5Repealed
           12-7-2-99"A person with a disability"
           12-7-2-100Repealed
           12-7-2-101"Harmful substance"
           12-7-2-102Repealed
           12-7-2-103"Health facility"
           12-7-2-103.3"Health maintenance organization"
           12-7-2-103.5"Health related services"
           12-7-2-104Repealed
           12-7-2-104.5"Holocaust victim's settlement payment"
           12-7-2-105"Home care services"
           12-7-2-106Repealed
           12-7-2-107Repealed
           12-7-2-108"Home health agency"
           12-7-2-109"Home health services"
           12-7-2-109.5"Hospice"
           12-7-2-109.6"Hospice program"
           12-7-2-109.7"Hospice program patient"
           12-7-2-109.8"Hospice services"
           12-7-2-110"Hospital"
           12-7-2-110.5"Household"
           12-7-2-110.7"Housing with services establishment"
           12-7-2-111"Immediate family"
           12-7-2-112"Incapacitated"
           12-7-2-113"Incapacitated by alcohol"
           12-7-2-114"Incapacitated individual"
           12-7-2-115"Indebtedness"
           12-7-2-116"Indigent adult"
           12-7-2-117Repealed
           12-7-2-117.1"Individual in need of self-directed in-home care"
           12-7-2-117.2Repealed
           12-7-2-117.3"Individual with a disability"; "individual with a significant disability"
           12-7-2-117.4Repealed
           12-7-2-117.6"Individual with a mental illness"
           12-7-2-117.8"Infants and toddlers with disabilities"
           12-7-2-118Repealed
           12-7-2-118.3Repealed
           12-7-2-118.5Repealed
           12-7-2-118.8"Institution"
           12-7-2-119Repealed
           12-7-2-119.5"Institutional provider"
           12-7-2-120"Insurer"
           12-7-2-120.5"Interim period"
           12-7-2-121Repealed
           12-7-2-121.5"Intervention"
           12-7-2-122"Intoxicated"
           12-7-2-122.3"Knew or know"
           12-7-2-122.5"Legal representative"
           12-7-2-122.9"Licensed health professional"
           12-7-2-123Repealed
           12-7-2-123.2"Licensee"
           12-7-2-124"Life threatening emergency"
           12-7-2-124.5Repealed
           12-7-2-124.6Repealed
           12-7-2-124.7"Local domestic violence fatality review team"
           12-7-2-124.8Repealed
           12-7-2-125"Long term care"
           12-7-2-125.5"Long term care facility"
           12-7-2-126"Long term care insurance"
           12-7-2-126.1Repealed
           12-7-2-126.3"Long term care services eligibility screen"
           12-7-2-126.5"Low income utilization rate"
           12-7-2-126.9"Managed care organization"
           12-7-2-127"Managed care provider"
           12-7-2-127.5"Medicaid inpatient utilization rate"
           12-7-2-128"Medicaid program"
           12-7-2-128.5"Medical institution"
           12-7-2-128.7"Medication assisted treatment"
           12-7-2-129"Member"
           12-7-2-129.2"Member of the applicant's household"
           12-7-2-129.5Repealed
           12-7-2-130"Mental illness"
           12-7-2-131Repealed
           12-7-2-131.3"Missing endangered adult"
           12-7-2-131.5"Monitor"
           12-7-2-131.8"National criminal history background check"
           12-7-2-132Repealed
           12-7-2-132.2"Noninstitutional provider"
           12-7-2-132.5Repealed
           12-7-2-133"Nursing facility"
           12-7-2-133.5Repealed
           12-7-2-134"Office"
           12-7-2-134"Office"
           12-7-2-135"Office of the secretary"
           12-7-2-135.3"Ombudsman"
           12-7-2-135.4"Operator"
           12-7-2-135.5"Overutilization or under utilization"
           12-7-2-135.6"Opioid treatment program"
           12-7-2-135.8"Paths to QUALITY program"
           12-7-2-136"Patient"
           12-7-2-136.5"Patient Protection and Affordable Care Act"
           12-7-2-137"Person"
           12-7-2-137.3"Personal services attendant"
           12-7-2-137.7"Pharmacist"
           12-7-2-137.8"Phase out period"
           12-7-2-138"Physician"
           12-7-2-139"Physician services"
           12-7-2-139.1Repealed
           12-7-2-139.3"Pilot fund"
           12-7-2-140Repealed
           12-7-2-140.5"Plan"
           12-7-2-141"Planning authority"
           12-7-2-141.2Repealed
           12-7-2-142"Political subdivision"
           12-7-2-142.5"Point of sale terminal"
           12-7-2-142.7Repealed
           12-7-2-142.8"Post-stabilization care services"
           12-7-2-143Repealed
           12-7-2-143.1"Potential eligible provider or existing eligible provider"
           12-7-2-143.5"Preschool"
           12-7-2-144"Preschool child care program"
           12-7-2-144.3"Preventative care services"
           12-7-2-144.7"Primary business"
           12-7-2-144.9Repealed
           12-7-2-145"Private psychiatric institution"
           12-7-2-146"Program"
           12-7-2-147"Property"
           12-7-2-147.5"Prospective DUR"
           12-7-2-148"Protective services"
           12-7-2-149Repealed
           12-7-2-149.1"Provider"
           12-7-2-150"Psychiatric disorder"
           12-7-2-151"Psychiatric hospital"
           12-7-2-152Repealed
           12-7-2-153"Public welfare"
           12-7-2-154Repealed
           12-7-2-154.4"Qualified ABLE program"
           12-7-2-154.6"Qualified disability expense"
           12-7-2-154.8"Qualified entity"
           12-7-2-155"Qualified long term care policy"
           12-7-2-155.3"Qualified Medicare beneficiary"
           12-7-2-155.5"Qualifying individual"
           12-7-2-156"Reason to believe"
           12-7-2-157"Reasonable means of communication"
           12-7-2-158"Recipient"
           12-7-2-158.2"Recovery residence"
           12-7-2-158.5"Reentry court program"
           12-7-2-159"Region"
           12-7-2-160"Rehabilitation"
           12-7-2-161"Rehabilitation center"
           12-7-2-162"Rehabilitation engineering"
           12-7-2-162.5"Related"
           12-7-2-163Repealed
           12-7-2-163.5"Request for proposals"
           12-7-2-164"Resident"
           12-7-2-165"Residential facility"
           12-7-2-166"Residential facility for individuals with a developmental disability"
           12-7-2-167Repealed
           12-7-2-168Repealed
           12-7-2-169"Responsible party"
           12-7-2-169.3"Retailer"
           12-7-2-169.5"Retrospective DUR"
           12-7-2-169.9"School"
           12-7-2-170"School age child care program"
           12-7-2-171"School corporation"
           12-7-2-172"Secretary"
           12-7-2-172.5Repealed
           12-7-2-173Repealed
           12-7-2-174Repealed
           12-7-2-174.5"Self-directed in-home health care"
           12-7-2-174.8Repealed
           12-7-2-175"Service provider"
           12-7-2-176"Services"
           12-7-2-177"Shelter"
           12-7-2-178Repealed
           12-7-2-178.1Repealed
           12-7-2-178.5"Single source drug"
           12-7-2-178.8Repealed
           12-7-2-178.9"SNAP"
           12-7-2-179"Social Services Block Grant"
           12-7-2-180"Solicitation"
           12-7-2-180.1"Special needs"
           12-7-2-180.2Repealed
           12-7-2-180.3"Special skilled services"
           12-7-2-180.4"Specified low-income Medicare beneficiary"
           12-7-2-180.5"Standards"
           12-7-2-181Repealed
           12-7-2-182Repealed
           12-7-2-183Repealed
           12-7-2-183.5State domestic violence fatality review coordinator
           12-7-2-184"State institution"
           12-7-2-184.3Repealed
           12-7-2-184.5"State of Indiana general educational development (GED) diploma"
           12-7-2-185"State ombudsman"
           12-7-2-185.5"State or local public benefit"
           12-7-2-186"State plan"
           12-7-2-186.2Repealed
           12-7-2-186.5Repealed
           12-7-2-187Repealed
           12-7-2-188"Superintendent"
           12-7-2-188.3"Supervised group living facility"
           12-7-2-188.5"Supervised group living facility for individuals with a developmental disability"
           12-7-2-188.7Repealed
           12-7-2-189"Support"
           12-7-2-189.3"Supportive services"
           12-7-2-189.5"SURS"
           12-7-2-189.7"TANF"
           12-7-2-189.8"TANF program"
           12-7-2-190Repealed
           12-7-2-190.1"Task force"
           12-7-2-190.3"Telehealth services"
           12-7-2-190.4"Telemedicine services"
           12-7-2-190.5"Therapeutic appropriateness"
           12-7-2-190.6"Therapeutic classification"; "therapeutic category"
           12-7-2-190.7"Therapeutic duplication"
           12-7-2-190.8Repealed
           12-7-2-190.9"Title IV-A"
           12-7-2-191"Title IV-A Agency"
           12-7-2-192Repealed
           12-7-2-192.3"Total number of households containing township assistance recipients"
           12-7-2-192.4"Total number of recipients"
           12-7-2-192.5"Total number of requests for assistance"
           12-7-2-192.7Repealed
           12-7-2-193"Treatment by the department"
           12-7-2-194"Treatment team"
           12-7-2-194.5"Trustees"
           12-7-2-195"Tuberculosis"
           12-7-2-196"Unit"
           12-7-2-196.5"Unrestricted access"
           12-7-2-197"Vending machines"
           12-7-2-198"Visually impaired"
           12-7-2-199"Vocational rehabilitation services"
           12-7-2-199.2"Volunteer"
           12-7-2-199.3Repealed
           12-7-2-199.5"Voucher payment"
           12-7-2-199.8Repealed
           12-7-2-199.9"Waiver training"
           12-7-2-200"Warrant"
           12-7-2-200.4"Waste"
           12-7-2-200.5"Wasted resources"
           12-7-2-201Repealed

 

IC 12-7-2-0.5ABLE account

     Sec. 0.5. "ABLE account", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-1.

As added by P.L.12-2016, SEC.1.

 

IC 12-7-2-1Repealed

[Pre-1992 Revision Citation: 16-14-1-1(11).]

As added by P.L.2-1992, SEC.1. Amended by P.L.74-1992, SEC.1; P.L.257-1997(ss), SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-1.3"Activities of daily living"

     Sec. 1.3. "Activities of daily living", for purposes of IC 12-10-10 and IC 12-10-11.5, has the meaning set forth in IC 12-10-10-1.5.

As added by P.L.150-1995, SEC.1. Amended by P.L.274-2003, SEC.1.

 

IC 12-7-2-1.4"Addiction treatment team"

     Sec. 1.4. "Addiction treatment team", for purposes of IC 12-23-19.5, has the meaning set forth in IC 12-23-19.5-1.

As added by P.L.203-2017, SEC.1.

 

IC 12-7-2-1.5"Administrator"

     Sec. 1.5. "Administrator", for purposes of:

(1) IC 12-10-15, has the meaning set forth in IC 12-10-15-1.5; and

(2) IC 12-24-17, has the meaning set forth in IC 12-24-17-1.

As added by P.L.74-1992, SEC.2. Amended by P.L.184-2003, SEC.2.

 

IC 12-7-2-1.8"Adult entertainment establishment"

     Sec. 1.8. "Adult entertainment establishment", for purposes of IC 12-13-14-4.5, means a place that provides adult oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

As added by P.L.3-2012, SEC.1.

 

IC 12-7-2-2"Adult protective services unit"

     Sec. 2. "Adult protective services unit", for purposes of IC 12-10-3, has the meaning set forth in IC 12-10-3-1.

[Pre-1992 Revision Citation: 4-28-5-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-3"Advance"

     Sec. 3. "Advance", for purposes of IC 12-20-25-41, has the meaning set forth in IC 12-20-25-41.

[Pre-1992 Revision Citation: 12-2-14-36(a).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-3.1"Advanced practice nurse"

     Sec. 3.1. "Advanced practice nurse", for purposes of IC 12-15-5-14, has the meaning set forth in IC 12-15-5-14(a).

As added by P.L.87-2016, SEC.1.

 

IC 12-7-2-3.3"Advisory committee"

     Sec. 3.3. "Advisory committee", for purposes of IC 12-15-35-51, has the meaning set forth in IC 12-15-35-51.

As added by P.L.36-2009, SEC.1.

 

IC 12-7-2-4"Advocacy"

     Sec. 4. "Advocacy", for purposes of IC 12-28-1, has the meaning set forth in IC 12-28-1-2.

[Pre-1992 Revision Citation: 16-13-19-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-5"Advocate"

     Sec. 5. "Advocate", for purposes of IC 12-26, refers to a person who:

(1) is a court appointed special advocate (as defined in IC 31-9-2-28); or

(2) is a guardian ad litem (as defined in IC 31-9-2-50).

[Pre-1992 Revision Citations: subdivision (1) formerly 16-14-9.1-1.2; subdivision (2) formerly 16-14-9.1-1.3.]

As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.48.

 

IC 12-7-2-6Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.210-2015, SEC.2.

 

IC 12-7-2-7"Affected agency"

     Sec. 7. "Affected agency", for purposes of IC 12-16-1, has the meaning set forth in IC 12-16-1-1.

[Pre-1992 Revision Citation: 12-5-7-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-8"Aged"

     Sec. 8. "Aged", for purposes of IC 12-10-1 and IC 12-10-2, means an individual who is at least sixty (60) years of age.

[Pre-1992 Revision Citations: 4-28-3-1; 4-28-4-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-9"Agency"

     Sec. 9. "Agency" means the following:

(1) For purposes of IC 12-10-12, the meaning set forth in IC 12-10-12-1.

(2) For purposes of IC 12-12.7-2, the meaning set forth in IC 12-12.7-2-1.

(3) For purposes of IC 12-32-1, the meaning set forth in IC 12-32-1-1.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-22-1; subdivision (2) formerly 12-3-30-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.21-1992, SEC.3; P.L.93-2006, SEC.3; P.L.171-2011, SEC.9.

 

IC 12-7-2-10"Alcohol abuse"

     Sec. 10. "Alcohol abuse", for purposes of IC 12-23, means repeated episodes of intoxication or drinking which impair health or interfere with an individual's effectiveness on the job, at home, in the community, or operating a motor vehicle.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-11"Alcohol abuser"

     Sec. 11. "Alcohol abuser", for purposes of IC 12-23, means an individual who has had repeated episodes of intoxication or drinking which impair the individual's health or interfere with the individual's effectiveness on the job, at home, in the community, or in operating a motor vehicle.

[Pre-1992 Revision Citations: 16-13-1-9.3; 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-12"Alcohol and drug services program"

     Sec. 12. "Alcohol and drug services program", for purposes of IC 12-23, means a service for a person:

(1) arrested for, charged with, or convicted of a misdemeanor or felony;

(2) against whom a:

(A) complaint for an infraction is filed; or

(B) judgment for an infraction is entered; or

(3) who is referred to a program under IC 12-23-14-5;

which provides intervention, education, referral, treatment, or rehabilitation, under the operation of a court or under private contract.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.168-2002, SEC.1; P.L.80-2003, SEC.1; P.L.187-2011, SEC.2.

 

IC 12-7-2-13"Alcoholic"

     Sec. 13. "Alcoholic", for purposes of IC 12-23, means an individual who chronically and habitually uses alcoholic beverages to the extent that the individual:

(1) loses the power of self control with respect to the use of alcoholic beverages; and

(2) becomes a menace to the public morals, health, safety, or welfare of the members of society in general.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-14"Alcoholism"

     Sec. 14. "Alcoholism", for purposes of IC 12-23, means the abnormal condition which the effect of alcohol produces in an alcoholic.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-14.3Alzheimer's and dementia special care

     Sec. 14.3. "Alzheimer's and dementia special care", for purposes of IC 12-10-5.5, has the meaning set forth in IC 12-10-5.5-1.

As added by P.L.106-1997, SEC.1.

 

IC 12-7-2-14.7Ancillary services

     Sec. 14.7. "Ancillary services", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-2.

As added by P.L.255-2001, SEC.1. Amended by P.L.141-2006, SEC.11.

 

IC 12-7-2-15"Applicant"

     Sec. 15. "Applicant" means the following:

(1) For purposes of the following statutes, a person who has applied for assistance for the applicant or another person under any of the following statutes:

(A) IC 12-10-6.

(B) IC 12-10-12.

(C) IC 12-13.

(D) IC 12-14.

(E) IC 12-15.

(F) IC 12-19.

(2) For purposes of IC 12-17-12, the meaning set forth in IC 12-17-12-1.

(3) For purposes of IC 12-17-13, the meaning set forth in IC 12-17-13-1.

(4) For the purposes of IC 12-17.2, a person who seeks a license to operate a child care center or child care home.

(5) For purposes of IC 31-27, a person who seeks a license to operate a child caring institution, foster family home, group home, or child placing agency.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-1-1(h); subdivision (2) formerly 12-3-29-1; subdivision (3) formerly 4-28-6.2-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.4; P.L.81-1992, SEC.4; P.L.1-1993, SEC.68; P.L.61-1993, SEC.2; P.L.272-1999, SEC.6; P.L.145-2006, SEC.32.

 

IC 12-7-2-15.5"Appropriate and medically necessary"

     Sec. 15.5. "Appropriate and medically necessary", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-1.

As added by P.L.75-1992, SEC.1.

 

IC 12-7-2-16"Approved postsecondary educational institution"

     Sec. 16. "Approved postsecondary educational institution" has the meaning set forth in IC 21-7-13-6(a).

[Pre-1992 Revision Citation: 12-2-8-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.2-2007, SEC.153.

 

IC 12-7-2-17"Asset disregard"

     Sec. 17. "Asset disregard", for purposes of IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-10.

[Pre-1992 Revision Citation: 4-28-23-8(a) part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.5.

 

IC 12-7-2-18"Assistance"

     Sec. 18. "Assistance", for purposes of the following statutes, means money or services regardless of the source, paid or furnished under any of the following statutes:

(1) IC 12-10-6.

(2) IC 12-10-12.

(3) IC 12-13.

(4) IC 12-14.

(5) IC 12-15.

(6) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-1(j).]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.7; P.L.145-2006, SEC.33.

 

IC 12-7-2-18.3"Attendant care services"

     Sec. 18.3. "Attendant care services", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-3.

As added by P.L.255-2001, SEC.2. Amended by P.L.141-2006, SEC.12.

 

IC 12-7-2-18.5Authority

     Sec. 18.5. "Authority", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-2.

As added by P.L.12-2016, SEC.2.

 

IC 12-7-2-18.7"Automated teller machine"

     Sec. 18.7. "Automated teller machine", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.257-1997(ss), SEC.2.

 

IC 12-7-2-19"Autism"

     Sec. 19. (a) "Autism", for purposes of IC 12-11-8, has the meaning set forth in IC 12-11-8-1.

     (b) "Autism", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13, refers to an autism spectrum disorder that is described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

[Pre-1992 Revision Citation: 4-28-24-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.99-2007, SEC.41; P.L.188-2013, SEC.3; P.L.210-2015, SEC.3.

 

IC 12-7-2-20Repealed

[Pre-1992 Revision Citations: 4-28-20-8; 4-28-21-14 part; 16-13-22-8.]

As added by P.L.2-1992, SEC.1. Amended by P.L.151-1995, SEC.1; P.L.107-1997, SEC.1; P.L.272-1999, SEC.8. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-20.5"Basic necessities"

     Sec. 20.5. "Basic necessities", for purposes of IC 12-20, includes those services or items essential to meet the minimum standards of health, safety, and decency, including the following:

(1) Medical care described in IC 12-20-16-2.

(2) Clothing and footwear.

(3) Food.

(4) Shelter.

(5) Transportation to seek and accept employment on a reasonable basis.

(6) Household essentials.

(7) Essential utility services.

(8) Other services or items the township trustee determines are necessities.

As added by P.L.51-1996, SEC.2.

 

IC 12-7-2-20.7"Basic services"

     Sec. 20.7. "Basic services", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-4.

As added by P.L.255-2001, SEC.3. Amended by P.L.141-2006, SEC.13.

 

IC 12-7-2-20.8Battery

     Sec. 20.8. "Battery", for purposes of IC 12-10-3, includes battery (IC 35-42-2-1), domestic battery (IC 35-42-2-1.3), and aggravated battery (IC 35-42-2-1.5).

As added by P.L.65-2016, SEC.5.

 

IC 12-7-2-21"Blind"

     Sec. 21. "Blind" means the following:

(1) For purposes of the following statutes, the term refers to an individual who has vision in the better eye with correcting glasses of 20/200 or less, or a disqualifying visual field defect as determined upon examination by an ophthalmologist or optometrist who has been designated to make such examinations by the county office and approved by the division of family resources or by the division in the manner provided in any of the following statutes:

(A) IC 12-10-6.

(B) IC 12-10-12.

(C) IC 12-13.

(D) IC 12-14.

(E) IC 12-15.

(F) IC 12-19.

(2) For purposes of the following statutes, the term refers to an individual who has a central visual acuity of 20/200 or less in the individual's better eye with the best correction or a field of vision that is not greater than twenty (20) degrees at its widest diameter:

(A) IC 12-12-1.

(B) IC 12-12-3.

(C) IC 12-12-5.

(D) IC 12-12-6.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-1-1(m); subdivision (2) formerly 4-28-10-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.17; P.L.5-1993, SEC.30; P.L.49-1997, SEC.41; P.L.272-1999, SEC.9; P.L.145-2006, SEC.34.

 

IC 12-7-2-22Board

     Sec. 22. "Board" means the following:

(1) For purposes of IC 12-10-10, IC 12-10-10.5, and IC 12-10-11, the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1.

(2) For purposes of IC 12-11-14, the meaning set forth in IC 12-11-14-3.

(3) For purposes of IC 12-12-7-5, the meaning set forth in IC 12-12-7-5(a).

(4) For purposes of IC 12-15-35, the meaning set forth in IC 12-15-35-2.

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-17-1; subdivision (2) formerly 4-28-6.1-1; subdivision (3) formerly 16-13-1-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.75-1992, SEC.2; P.L.20-1992, SEC.5; P.L.81-1992, SEC.5; P.L.1-1993, SEC.69; P.L.40-1994, SEC.6; P.L.104-1996, SEC.1; P.L.23-1996, SEC.10; P.L.24-1997, SEC.6; P.L.272-1999, SEC.10; P.L.145-2006, SEC.35; P.L.145-2014, SEC.1; P.L.12-2016, SEC.3.

 

IC 12-7-2-23"Body"

     Sec. 23. "Body", for purposes of IC 12-8-2.5, has the meaning set forth in IC 12-8-2.5-1.

[Pre-1992 Revision Citation: 12-6-3-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.160-2012, SEC.8.

 

IC 12-7-2-24"Bureau"

     Sec. 24. "Bureau" means the following:

(1) For purposes of IC 12-10, the bureau of aging and in-home services established by IC 12-10-1-1.

(2) For purposes of IC 12-11, the bureau of developmental disabilities services established by IC 12-11-1.1-1.

(3) For purposes of IC 12-12, the rehabilitation services bureau of the division of disability and rehabilitative services established by IC 12-12-1-1.

(4) For purposes of IC 12-12.5, the bureau of quality improvement services established by IC 12-12.5-1-1.

[1992 Revision Citation: subdivision (1) New; subdivision (2) New; Pre-1992 Revision Citation: subdivision (3) formerly 12-1-6.1-1(e); subdivision (4) formerly 16-7-3.6-1(a); subdivision (5) formerly 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.18; P.L.5-1993, SEC.31; P.L.1-1994, SEC.47; P.L.40-1994, SEC.7; P.L.272-1999, SEC.11; P.L.243-2003, SEC.1; P.L.141-2006, SEC.14; P.L.145-2006, SEC.36; P.L.1-2007, SEC.104.

 

IC 12-7-2-24.5"Buy-in program"

     Sec. 24.5. "Buy-in program", as used in IC 12-15-41, has the meaning set forth in IC 12-15-41-1.

As added by P.L.287-2001, SEC.2.

 

IC 12-7-2-24.6"Caregiver"

     Sec. 24.6. "Caregiver", for purposes of IC 12-17.2, means an individual who is assigned by a provider the responsibility for supervising a specific child in the care of the provider.

As added by P.L.18-2003, SEC.1.

 

IC 12-7-2-24.7Repealed

As added by P.L.283-2001, SEC.8. Repealed by P.L.255-2003, SEC.55.

 

IC 12-7-2-24.8"Caretaker"

     Sec. 24.8. "Caretaker", for purposes of IC 12-10.5, has the meaning set forth in IC 12-10.5-1-1.

As added by P.L.274-2003, SEC.2.

 

IC 12-7-2-24.9"Case contact"

     Sec. 24.9. "Case contact", for purposes of IC 12-20-28-3, has the meaning set forth in IC 12-20-28-3(b).

As added by P.L.180-2005, SEC.1.

 

IC 12-7-2-25"Case management"

     Sec. 25. "Case management" means the following:

(1) For purposes of IC 12-10-1 and IC 12-10-10, the meaning set forth in IC 12-10-10-1.

(2) For purposes of IC 12-10-10.5, the meaning set forth in IC 12-10-10.5-2.

[Pre-1992 Revision Citation: 4-28-6.1-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.40-1994, SEC.8; P.L.150-1995, SEC.2; P.L.143-2011, SEC.3; P.L.5-2015, SEC.34.

 

IC 12-7-2-26"Center"

     Sec. 26. "Center", for purposes of IC 12-26, means a community mental health center.

[Pre-1992 Revision Citation: 16-14-9.1-1(h).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-26.1"Center for independent living"

     Sec. 26.1. "Center for independent living", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-1.

As added by P.L.151-1995, SEC.2. Amended by P.L.272-1999, SEC.12.

 

IC 12-7-2-26.5"Chemical test"

     Sec. 26.5. "Chemical test", for purposes of IC 12-23-14, means an analysis of an individual's:

(1) blood;

(2) breath;

(3) hair;

(4) sweat;

(5) saliva;

(6) urine; or

(7) other bodily substance;

to determine the presence of alcohol or a controlled substance (as defined in IC 35-48-1-9).

As added by P.L.168-2002, SEC.2. Amended by P.L.108-2010, SEC.3.

 

IC 12-7-2-27"Chief magistrate"

     Sec. 27. "Chief magistrate", for purposes of IC 12-28-3, has the meaning set forth in IC 12-28-3-3.

[Pre-1992 Revision Citation: 16-13-9-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-28"Child"

     Sec. 28. "Child" means the following:

(1) For purposes of IC 12-17.2, an individual who is less than eighteen (18) years of age.

(2) For purposes of IC 12-26, the meaning set forth in IC 31-9-2-13(d).

[Pre-1992 Revision Citation: 16-14-9.1-11.5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.6 and P.L.81-1992, SEC.6; P.L.1-1993, SEC.70; P.L.1-1997, SEC.49; P.L.34-2001, SEC.1; P.L.70-2004, SEC.2; P.L.145-2006, SEC.37.

 

IC 12-7-2-28.1Repealed

As added by P.L.74-1994, SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-28.2"Child care"

     Sec. 28.2. "Child care", for purposes of IC 12-17.2, means a service that provides for the care, health, safety, and supervision of a child's social, emotional, and educational growth.

As added by P.L.20-1992, SEC.7 and P.L.81-1992, SEC.7. Amended by P.L.1-1993, SEC.71; P.L.145-2006, SEC.38.

 

IC 12-7-2-28.4"Child care center"

     Sec. 28.4. "Child care center", for purposes of IC 12-17.2, means a nonresidential building where at least one (1) child receives child care from a provider:

(1) while unattended by a parent, legal guardian, or custodian;

(2) for regular compensation; and

(3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

As added by P.L.20-1992, SEC.8; P.L.81-1992, SEC.8. Amended by P.L.1-1993, SEC.72; P.L.136-1993, SEC.1; P.L.1-1994, SEC.48; P.L.247-2001, SEC.4.

 

IC 12-7-2-28.6"Child care home"

     Sec. 28.6. (a) "Child care home", for purposes of IC 12-17.2, means a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative or any child who is at least fourteen (14) years of age and does not require child care) at any time receive child care from a provider:

(1) while unattended by a parent, legal guardian, or custodian;

(2) for regular compensation; and

(3) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

     (b) The term includes:

(1) a class I child care home; and

(2) a class II child care home.

As added by P.L.20-1992, SEC.9 and P.L.81-1992, SEC.9. Amended by P.L.1-1993, SEC.73; P.L.136-1993, SEC.2; P.L.124-2007, SEC.1.

 

IC 12-7-2-28.8"Child care ministry"

     Sec. 28.8. "Child care ministry", for purposes of IC 12-17.2, means child care operated by a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code.

As added by P.L.20-1992, SEC.10 and P.L.81-1992, SEC.10. Amended by P.L.1-1993, SEC.74.

 

IC 12-7-2-28.9"Child care program"

     Sec. 28.9. "Child care program", for purposes of IC 12-17.2-3.5, has the meaning set forth in IC 12-17.2-3.5-1.2.

As added by P.L.18-2003, SEC.2.

 

IC 12-7-2-29"Child caring institution"

     Sec. 29. "Child caring institution", for purposes of section 82(3) of this chapter and IC 12-26, means an institution that:

(1) operates under a license issued under IC 31-27;

(2) provides for delivery of mental health services that are appropriate to the needs of the individual; and

(3) complies with the rules adopted under IC 4-22-2 by the department of child services.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-3-2-4; subdivision (2) formerly 16-14-9.1-1(i)(1), (i)(2).]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.11; P.L.81-1992, SEC.11; P.L.1-1993, SEC.75; P.L.61-1993, SEC.3; P.L.145-2006, SEC.39.

 

IC 12-7-2-30"Child in need of services"

     Sec. 30. "Child in need of services", for purposes of the following statutes, has the meaning set forth in IC 31-34-1-1 through IC 31-34-1-9:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-2(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.50; P.L.145-2006, SEC.40.

 

IC 12-7-2-31Repealed

[Pre-1992 Revision Citation: 12-3-2-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.12; P.L.81-1992, SEC.12; P.L.1-1993, SEC.76. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-31.5Repealed

As added by P.L.105-1996, SEC.1. Repealed by P.L.234-2005, SEC.192.

 

IC 12-7-2-31.6Repealed

As added by P.L.105-1996, SEC.2. Repealed by P.L.234-2005, SEC.192.

 

IC 12-7-2-32"Child welfare services"

     Sec. 32. "Child welfare services", for purposes of the following statutes, has the meaning set forth in IC 31-9-2-19.5:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

[Pre-1992 Revision Citation: 12-1-1-1(l).]

As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.41; P.L.146-2008, SEC.375.

 

IC 12-7-2-33Repealed

[Pre-1992 Revision Citation: 12-3-2-4.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.61-1993, SEC.67.

 

IC 12-7-2-33.5"Chronically medically dependent"

     Sec. 33.5. "Chronically medically dependent" for purposes of IC 12-15-36, has the meaning set forth in IC 12-15-36-2.

As added by P.L.76-1992, SEC.1.

 

IC 12-7-2-33.6"Coalition"

     Sec. 33.6. (a) "Coalition", for purposes of IC 12-18-8, has the meaning set forth in IC 12-18-8-1.

     (b) "Coalition", for purposes of IC 12-18-9, has the meaning set forth in IC 12-18-9-1.

As added by P.L.181-2003, SEC.1. Amended by P.L.258-2017, SEC.1.

 

IC 12-7-2-33.7"Class I child care home"

     Sec. 33.7. (a) As used in this chapter, "class I child care home" means a child care home that serves any combination of full-time and part-time children, not to exceed at any one (1) time twelve (12) children plus three (3) children during the school year only who are enrolled in at least full-day kindergarten. Except as provided in IC 12-17.2-5-6.3(b), the addition of three (3) school age children may not occur during a break in the school year that exceeds four (4) weeks.

     (b) A child:

(1) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and who is at least seven (7) years of age; or

(2) who is at least fourteen (14) years of age and does not require child care;

shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).

As added by P.L.136-1993, SEC.3. Amended by P.L.106-1996, SEC.1; P.L.247-2001, SEC.5; P.L.124-2007, SEC.2; P.L.197-2011, SEC.38.

 

IC 12-7-2-33.8"Class II child care home"

     Sec. 33.8. (a) As used in this chapter, "class II child care home" means a child care home that serves more than twelve (12) children but not more than any combination of sixteen (16) full-time and part-time children at any one (1) time.

     (b) A child:

(1) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and who is at least seven (7) years of age; or

(2) who is at least fourteen (14) years of age and does not require child care;

shall not be counted in determining whether the child care home is within the limit set forth in subsection (a).

As added by P.L.136-1993, SEC.4. Amended by P.L.124-2007, SEC.3.

 

IC 12-7-2-33.9"Clean claim"

     Sec. 33.9. (a) "Clean claim", for purposes of IC 12-15-13, except for IC 12-15-13-1 and IC 12-15-13-1.5, has the meaning set forth in IC 12-15-13-0.5.

     (b) "Clean claim", for purposes of IC 12-15-13-1 and IC 12-15-13-1.5, has the meaning set forth in IC 12-15-13-0.6.

As added by P.L.107-1996, SEC.1 and P.L.257-1996, SEC.1.

 

IC 12-7-2-34"Commission"

     Sec. 34. "Commission" means the following:

(1) For purposes of IC 12-10-2, the meaning set forth in IC 12-10-2-1.

(2) For purposes of IC 12-12-2, the meaning set forth in IC 12-12-2-1.

(3) For purposes of IC 12-13-14, the meaning set forth in IC 12-13-14-1.

(4) For purposes of IC 12-28-1, the meaning set forth in IC 12-28-1-3.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-6-1-2; subdivision (2) formerly 4-28-4-2; subdivision (3) New; subdivision (4) New; subdivision (5) formerly 4-28-9-1; subdivision (6) formerly 16-13-19-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.42-1995, SEC.4; P.L.2-1997, SEC.29; P.L.12-2006, SEC.1; P.L.181-2006, SEC.50; P.L.1-2007, SEC.105; P.L.6-2012, SEC.80; P.L.53-2014, SEC.96; P.L.85-2017, SEC.44.

 

IC 12-7-2-34.2"Commissioner"

     Sec. 34.2. "Commissioner", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-1.5.

As added by P.L.217-2005, SEC.1.

 

IC 12-7-2-35"Committee"

     Note: This version of section effective until 7-1-2017. See also following version of this section, effective 7-1-2017.

     Sec. 35. "Committee" means the following:

(1) For purposes of IC 12-15-33, the meaning set forth in IC 12-15-33-1.

(2) For purposes of IC 12-17.2-3.6, the meaning set forth in IC 12-17.2-3.6-1.

[1992 Revision Citation: subdivision (1) New; Pre-1992 Revision Citation: subdivision (2) formerly 12-1-6.1-1(c).]

As added by P.L.2-1992, SEC.1. Amended by P.L.2-1995, SEC.44; P.L.42-1995, SEC.5; P.L.107-2005, SEC.1; P.L.1-2007, SEC.106; P.L.229-2011, SEC.105; P.L.205-2013, SEC.172; P.L.2-2014, SEC.56; P.L.53-2014, SEC.97; P.L.87-2016, SEC.2; P.L.85-2017, SEC.45.

 

IC 12-7-2-35"Committee"

     Note: This version of section effective 7-1-2017. See also preceding version of this section, effective until 7-1-2017.

     Sec. 35. "Committee", for purposes of IC 12-15-33, has the meaning set forth in IC 12-15-33-1.

[1992 Revision Citation: subdivision (1) New; Pre-1992 Revision Citation: subdivision (2) formerly 12-1-6.1-1(c).]

As added by P.L.2-1992, SEC.1. Amended by P.L.2-1995, SEC.44; P.L.42-1995, SEC.5; P.L.107-2005, SEC.1; P.L.1-2007, SEC.106; P.L.229-2011, SEC.105; P.L.205-2013, SEC.172; P.L.2-2014, SEC.56; P.L.53-2014, SEC.97; P.L.87-2016, SEC.2; P.L.85-2017, SEC.45; P.L.184-2017, SEC.1.

 

IC 12-7-2-36"Community action agency"

     Sec. 36. "Community action agency", for purposes of IC 12-14-23, has the meaning set forth in IC 12-14-23-2.

[Pre-1992 Revision Citation: 12-1-21-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-37"Community and home care services"

     Sec. 37. "Community and home care services", for purposes of IC 12-10-10, has the meaning set forth in IC 12-10-10-2.

[Pre-1992 Revision Citation: 4-28-6.1-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-38"Community mental health center"

     Sec. 38. "Community mental health center" means a program of services that meets the following conditions:

(1) Is approved by the division of mental health and addiction.

(2) Is organized for the purpose of providing multiple services for persons with mental illness or a chronic addictive disorder.

(3) Is operated by one (1) of the following or any combination of the following:

(A) A city, a town, a county, or another political subdivision of Indiana.

(B) An agency of the state.

(C) An agency of the United States.

(D) A political subdivision of another state.

(E) A hospital owned or operated by a unit of government described in clauses (A) through (D).

(F) A building authority organized for the purpose of constructing facilities to be leased to units of government.

(G) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.

(H) A nonprofit corporation incorporated in another state.

(I) A university or college.

[Pre-1992 Revision Citation: 16-16-1-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.35; P.L.40-1994, SEC.9; P.L.215-2001, SEC.24.

 

IC 12-7-2-39"Community intellectual disability and other developmental disabilities centers"

     Sec. 39. "Community intellectual disability and other developmental disabilities centers", for purposes of IC 12-29 (except as provided in IC 12-29-3-6), means a program of services that meets the following conditions:

(1) Is approved by the division of disability and rehabilitative services.

(2) Is organized for the purpose of providing multiple services for persons with developmental disabilities.

(3) Is operated by one (1) of the following or any combination of the following:

(A) A city, a town, a county, or another political subdivision of Indiana.

(B) An agency of the state.

(C) An agency of the United States.

(D) A political subdivision of another state.

(E) A hospital owned or operated by a unit of government described in clauses (A) through (D).

(F) A building authority organized for the purpose of constructing facilities to be leased to units of government.

(G) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.

(H) A nonprofit corporation incorporated in another state.

(I) A university or college.

(4) Is accredited for the services provided by one (1) of the following organizations:

(A) The Commission on Accreditation of Rehabilitation Facilities (CARF), or its successor.

(B) The Council on Quality and Leadership in Supports for People with Disabilities, or its successor.

(C) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or its successor.

(D) The National Commission on Quality Assurance, or its successor.

(E) An independent national accreditation organization approved by the secretary.

[Pre-1992 Revision Citations: 4-28-10-27(a); 16-16-1-1; 16-16-2-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.36; P.L.4-1993, SEC.19; P.L.5-1993, SEC.32; P.L.1-1994, SEC.49; P.L.24-1997, SEC.7; P.L.64-2002, SEC.2; P.L.141-2006, SEC.15; P.L.117-2015, SEC.10.

 

IC 12-7-2-40"Community based residential program"

     Sec. 40. "Community based residential program", for purposes of IC 12-22-2, refers to the programs described in IC 12-22-2-3.5.

[Pre-1992 Revision Citation: 16-13-22-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.13; P.L.143-2011, SEC.4.

 

IC 12-7-2-40.2"Community spouse"

     Sec. 40.2. "Community spouse", for purposes of IC 12-15-2, means an individual who:

(1) is the spouse of an individual who resides in a nursing facility or another medical institution; and

(2) does not reside in a nursing facility or another medical institution.

As added by P.L.246-2005, SEC.98.

 

IC 12-7-2-40.4"Comprehensive risk contract"

     Sec. 40.4. "Comprehensive risk contract" has the meaning set forth in 42 CFR 438.2.

As added by P.L.152-2017, SEC.1.

 

IC 12-7-2-40.5"Compendia"

     Sec. 40.5. "Compendia", for purposes of IC 12-15-35 and IC 12-15-35.5, has the meaning set forth in IC 12-15-35-3.

As added by P.L.75-1992, SEC.3. Amended by P.L.107-2002, SEC.4.

 

IC 12-7-2-40.6"Continuum of care"

     Sec. 40.6. (a) "Continuum of care" means a range of services:

(1) defined by the division in rules adopted under IC 4-22-2 to provide a comprehensive continuum of care by a community mental health center or other provider; and

(2) based on recovery focused models of care and that are intended to meet the individual treatment needs of the behavioral health consumer.

     (b) The continuum of care may include the following services:

(1) Wellness programs.

(2) Engagement services.

(3) Outpatient and inpatient services.

(4) Rehabilitative and habilitative services.

(5) Residential care and supported housing.

(6) Acute intensive services.

All services must support prevention and treatment of mental health and addiction for all populations.

As added by P.L.40-1994, SEC.10. Amended by P.L.143-2011, SEC.5.

 

IC 12-7-2-40.7"Consumer control"

     Sec. 40.7. "Consumer control", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-2.

As added by P.L.151-1995, SEC.3. Amended by P.L.272-1999, SEC.14.

 

IC 12-7-2-41"Contracting county"

     Sec. 41. "Contracting county", for purposes of IC 12-30-7, has the meaning set forth in IC 12-30-7-2.

[Pre-1992 Revision Citation: 12-4-6-9.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-41.2"Contracting state"

     Sec. 41.2. "Contracting state", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-4.

As added by P.L.85-2017, SEC.46.

 

IC 12-7-2-42"Contribution"

     Sec. 42. "Contribution", for purposes of IC 12-17-12, has the meaning set forth in IC 12-17-12-2.

[Pre-1992 Revision Citation: 12-3-29-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-43"Control board"

     Sec. 43. "Control board", for purposes of IC 12-20-25, has the meaning set forth in IC 12-20-25-2.

[Pre-1992 Revision Citation: 12-2-14-24.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-43.5"Cooperate"

     Sec. 43.5. (a) "Cooperate", for purposes of IC 12-14-2-24, IC 12-14-7-2, and IC 12-14-7-3, includes, with regard to nonparent custodians or guardians, the following:

(1) To appear at appointments, in person or by telephone, with a prosecuting attorney related to:

(A) establishing:

(i) paternity; or

(ii) an order for child support; or

(B) enforcing an order for child support.

(2) To return telephone calls and respond to correspondence when requested by a prosecuting attorney.

(3) To supply information, to the extent known by the nonparent custodian or guardian, for a prosecuting attorney to proceed with appropriate actions to:

(A) establish paternity of a dependent child;

(B) locate parents; or

(C) establish a child support order with respect to a child.

(4) To appear at hearings regarding:

(A) establishment of paternity of a child or a child support order; or

(B) enforcement of a child support order;

if attendance is necessary as determined by the prosecuting attorney.

     (b) Information under subsection (a)(3) includes:

(1) identification of potential fathers of a dependent child, if known and paternity has not been established; and

(2) the following information, if known, regarding any parent or potential parent of a dependent child:

(A) The full legal name and nicknames.

(B) The Social Security number.

(C) The current or last known address and phone number.

(D) The current or last known employer, including the name and address of the employer.

(E) If a student, the current or last known school.

(F) The criminal record, including where and when the parent or potential parent was incarcerated.

(G) The date of birth or age.

(H) The race.

(I) Any known group or organizational affiliations.

(J) The names and addresses of close friends or relatives.

(K) Any other information that the prosecuting attorney requests to help locate or identify a parent of a dependent child.

(L) A recent photograph.

As added by P.L.80-2010, SEC.15.

 

IC 12-7-2-44"Council"

     Sec. 44. "Council" means the following:

(1) For purposes of IC 12-9-4, the meaning set forth in IC 12-9-4-1.

(2) For purposes of IC 12-12-8, the meaning set forth in IC 12-12-8-2.5.

(3) For purposes of IC 12-13-4, the meaning set forth in IC 12-13-4-1.

(4) For purposes of IC 12-12.7-2, the meaning set forth in IC 12-12.7-2-2.

(5) For purposes of IC 12-21-4, the meaning set forth in IC 12-21-4-1.

[1992 Revision Citations: subdivision (1) New; subdivision (2) New; Pre-1992 Revision Citation: subdivision (3) formerly 12-3-30-3; subdivision (4) formerly 12-3-25-3(a); subdivision (5) formerly 12-3-26-1; subdivision (6) New; subdivision (7) New; subdivision (8) formerly 4-28-21-1 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.21-1992, SEC.4; P.L.40-1994, SEC.11; P.L.91-1996, SEC.2; P.L.287-2001, SEC.3; P.L.217-2005, SEC.2; P.L.93-2006, SEC.4; P.L.130-2009, SEC.15; P.L.197-2011, SEC.39; P.L.229-2011, SEC.106; P.L.6-2012, SEC.81.

 

IC 12-7-2-44.5"Counseling"

     Sec. 44.5. "Counseling", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-4.

As added by P.L.75-1992, SEC.4.

 

IC 12-7-2-44.6"Countable asset"

     Sec. 44.6. "Countable asset" means the following:

(1) For purposes of IC 12-10-10, property that is included in determining assets in the same manner as determining an individual's eligibility for the Medicaid aged and disabled waiver.

(2) For purposes of IC 12-20, noncash property that is not necessary for the health, safety, or decent living standard of a household that:

(A) is owned wholly or in part by the applicant or a member of the applicant's household;

(B) the applicant or the household member has the legal right to sell or liquidate; and

(C) includes:

(i) real property other than property that is used for the production of income or that is the primary residence of the household;

(ii) savings and checking accounts, certificates of deposit, bonds, stocks, and other intangibles that have a net cash value; and

(iii) boats, other vehicles, or any other personal property used solely for recreational or entertainment purposes.

As added by P.L.51-1996, SEC.3. Amended by P.L.145-2014, SEC.2; P.L.87-2017, SEC.1.

 

IC 12-7-2-44.7"Countable income"

     Sec. 44.7. "Countable income", for purposes of IC 12-20, means a monetary amount either paid to an applicant or a member of an applicant's household not more than thirty (30) days before the date of application for township assistance, or accrued and legally available for withdrawal by an applicant or a member of an applicant's household at the time of application or not more than thirty (30) days after the date of application for township assistance. The term includes the following:

(1) Gross wages before mandatory deductions.

(2) Social Security benefits, including Supplemental Security Income.

(3) Aid to Families with Dependent Children.

(4) Unemployment compensation.

(5) Worker's compensation (except compensation that is restricted for the payment of medical expenses).

(6) Vacation pay.

(7) Sick benefits.

(8) Strike benefits.

(9) Private or public pensions.

(10) Taxable income from self-employment.

(11) Bartered goods and services provided by another individual for the payment of nonessential needs on behalf of an applicant or an applicant's household if monetary compensation or the provision of basic necessities would have been reasonably available from that individual.

(12) Child support.

(13) Gifts of cash, goods, or services.

(14) Other sources of revenue or services that the township trustee may reasonably determine to be countable income.

As added by P.L.51-1996, SEC.4. Amended by P.L.73-2005, SEC.5.

 

IC 12-7-2-44.9"Countable resources"

     Sec. 44.9. "Countable resources", for purposes of IC 12-15-41, has the meaning set forth in IC 12-15-41-2.

As added by P.L.287-2001, SEC.4.

 

IC 12-7-2-45"County office"

     Sec. 45. "County office" refers to a county office of the division of family resources.

[Pre-1992 Revision Citation: 12-1-1-1(d).]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.20; P.L.5-1993, SEC.33; P.L.146-2008, SEC.376; P.L.44-2009, SEC.9.

 

IC 12-7-2-46"County director"

     Sec. 46. "County director" refers to a director of a county office of the division of family resources.

[Pre-1992 Revision Citation: 12-1-1-1(e).]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.21; P.L.5-1993, SEC.34; P.L.145-2006, SEC.42; P.L.146-2008, SEC.377; P.L.44-2009, SEC.10.

 

IC 12-7-2-46.2"County home"

     Sec. 46.2. "County home", for purposes of IC 12-20, means a residential facility owned, staffed, maintained, and operated by a county government for eligible county residents who are able to perform activities of daily living with little or no assistance, including the following activities:

(1) Bathing.

(2) Dressing.

(3) Grooming.

(4) Walking.

(5) Using the toilet.

(6) Eating.

As added by P.L.51-1996, SEC.5.

 

IC 12-7-2-46.5"Court"

     Sec. 46.5. "Court", for purposes of IC 12-17.2, means a circuit or superior court.

As added by P.L.20-1992, SEC.13 and P.L.81-1992, SEC.13. Amended by P.L.1-1993, SEC.78; P.L.145-2006, SEC.43.

 

IC 12-7-2-47Repealed

[Pre-1992 Revision Citation: 4-28-22-1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-47.5"Covered entity"

     Sec. 47.5. "Covered entity", for purposes of IC 12-15-23.5, has the meaning set forth in IC 12-15-23.5-1.

As added by P.L.187-2007, SEC.1.

 

IC 12-7-2-48"Covered medical services"

     Sec. 48. "Covered medical services", for purposes of IC 12-16-1, has the meaning set forth in IC 12-16-1-2.

[Pre-1992 Revision Citation: 12-5-7-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-48.5"Covered outpatient drug"

     Sec. 48.5. "Covered outpatient drug", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-4.5.

As added by P.L.107-2002, SEC.5.

 

IC 12-7-2-49Repealed

[Pre-1992 Revision Citation: 12-1-23-1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-50Repealed

[Pre-1992 Revision Citation: 12-1-23-2.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-51"Creditor"

     Sec. 51. "Creditor", for purposes of IC 12-20-25, has the meaning set forth in IC 12-20-25-3.

[Pre-1992 Revision Citation: 12-2-14-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-51.4Repealed

As added by P.L.1-1993, SEC.80. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-51.5Repealed

As added by P.L.20-1992, SEC.14; P.L.75-1992, SEC.5; P.L.81-1992, SEC.14. Repealed by P.L.1-1993, SEC.79; P.L.61-1993, SEC.67; P.L.136-1993, SEC.24.

 

IC 12-7-2-51.7"Criteria"

     Sec. 51.7. "Criteria", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-5.

As added by P.L.1-1993, SEC.81.

 

IC 12-7-2-51.8"Cross-indicated drug"

     Sec. 51.8. "Cross-indicated drug", for purposes of IC 12-15-35.5, has the meaning set forth in IC 12-15-35.5-2.

As added by P.L.6-2002, SEC.1 and P.L.107-2002, SEC.6.

 

IC 12-7-2-51.9"Cross-disability"

     Sec. 51.9. "Cross-disability", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.

As added by P.L.151-1995, SEC.4. Amended by P.L.272-1999, SEC.15.

 

IC 12-7-2-52"Custodial authority of a building"

     Sec. 52. "Custodial authority of a building", for purposes of the following statutes, means the person authorized to contract for the provision of vending services in the building:

(1) IC 12-12-5.

(2) IC 12-12-6.

[Pre-1992 Revision Citation: 4-28-10-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-52.2"Crowd out"

     Sec. 52.2. "Crowd out", for purposes of IC 12-17.6, has the meaning set forth in IC 12-17.6-1-2.

As added by P.L.273-1999, SEC.163. Amended by P.L.283-2001, SEC.9; P.L.255-2003, SEC.8.

 

IC 12-7-2-53"Dangerous"

     Sec. 53. "Dangerous", for purposes of IC 12-26, means a condition in which an individual as a result of mental illness, presents a substantial risk that the individual will harm the individual or others.

[Pre-1992 Revision Citation: 16-14-9.1-1(c).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-53.2"Dangerous felony"

     Sec. 53.2. "Dangerous felony", for purposes of IC 12-17.2, means one (1) or more of the following felonies:

(1) Murder (IC 35-42-1-1).

(2) Attempted murder (IC 35-41-5-1).

(3) Voluntary manslaughter (IC 35-42-1-3).

(4) Involuntary manslaughter (IC 35-42-1-4).

(5) Reckless homicide (IC 35-42-1-5).

(6) Aggravated battery (IC 35-42-2-1.5).

(7) Kidnapping (IC 35-42-3-2).

(8) Rape (IC 35-42-4-1).

(9) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).

(10) Child molesting (IC 35-42-4-3).

(11) Sexual misconduct with a minor as a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony (for a crime committed after June 30, 2014) under IC 35-42-4-9(a)(2) or a Class B felony (for a crime committed before July 1, 2014) or a Level 2 felony (for a crime committed after June 30, 2014) under IC 35-42-4-9(b)(2).

(12) Robbery as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 2 or Level 3 felony (for a crime committed after June 30, 2014) (IC 35-42-5-1).

(13) Burglary as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 2 or Level 3 felony (for a crime committed after June 30, 2014) (IC 35-43-2-1).

(14) Battery as a felony (IC 35-42-2-1).

(15) Domestic battery (IC 35-42-2-1.3).

(16) Strangulation (IC 35-42-2-9).

(17) Criminal confinement (IC 35-42-3-3).

(18) Sexual battery (IC 35-42-4-8).

(19) A felony committed in another jurisdiction that is substantially similar to a felony in this section.

(20) An attempt to commit or a conspiracy to commit an offense listed in subdivisions (1) through (19).

As added by P.L.287-2013, SEC.2. Amended by P.L.168-2014, SEC.27.

 

IC 12-7-2-54Repealed

[Pre-1992 Revision Citation: 12-3-2-3.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-55Repealed

[Pre-1992 Revision Citation: 12-3-2-3.1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-55.1Repealed

As added by P.L.282-2001, SEC.1. Repealed by P.L.28-2012, SEC.1.

 

IC 12-7-2-55.8"Decertify"

     Sec. 55.8. "Decertify", for purposes of IC 12-17.2-3.5, means to remove, for any period of less than two (2) years, a provider's eligibility to receive a voucher payment.

As added by P.L.225-2013, SEC.1.

 

IC 12-7-2-56Repealed

[Pre-1992 Revision Citation: 12-3-2-12.8.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-56.5Repealed

As added by P.L.2-1996, SEC.230. Amended by P.L.23-1996, SEC.11. Repealed by P.L.1-2010, SEC.156.

 

IC 12-7-2-57"Delinquent child"

     Sec. 57. "Delinquent child", for purposes of the following statutes, has the meaning set forth in IC 31-37-1 and IC 31-37-2:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-2(b).]

As added by P.L.2-1992, SEC.1. Amended by P.L.1-1997, SEC.51; P.L.145-2006, SEC.44.

 

IC 12-7-2-57.5"Department"

     Sec. 57.5. "Department", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.2-1997, SEC.30. Amended by P.L.90-2002, SEC.338; P.L.234-2005, SEC.12; P.L.146-2008, SEC.378.

 

IC 12-7-2-58"Dependent child"

     Sec. 58. (a) "Dependent child", for purposes of the statutes listed in subsection (b), means a needy individual who satisfies either of the following conditions:

(1) The individual is less than sixteen (16) years of age.

(2) The individual is less than eighteen (18) years of age and the county office that has jurisdiction of the individual finds all of the following:

(A) The individual regularly attends school.

(B) The individual has been deprived of parental support or care because of a parent's:

(i) death;

(ii) continued absence from the home; or

(iii) physical or mental incapacity.

(C) The individual's parent or other relative who is legally responsible for the child's support is not able to provide adequately for the individual without public assistance.

(D) The individual is living in the home of at least one (1) of the following relatives:

(i) The individual's parent.

(ii) The individual's sibling.

(iii) The individual's grandparent.

(iv) The individual's stepparent.

(v) The individual's stepbrother or stepsister.

(vi) The individual's aunt or uncle.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-1(k).]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.22; P.L.5-1993, SEC.35; P.L.145-2006, SEC.45.

 

IC 12-7-2-58.5"Designated beneficiary"

     Sec. 58.5. "Designated beneficiary", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-5.

As added by P.L.12-2016, SEC.4.

 

IC 12-7-2-59"Designee"

     Sec. 59. (a) Except as provided in subsection (b), "designee" means an office director, division director, or other employee of the office of the secretary with expertise or knowledge concerning the area for which the individual is being designated.

     (b) The definition set forth in subsection (a) does not apply to the following:

(1) Designations for purposes of administrative proceedings under IC 4-21.5.

(2) IC 12-11-1.1-10.

(3) IC 12-15-11-2.5.

(4) IC 12-15-13-3.5.

(5) IC 12-15-13-4.

(6) Designations of superintendents under IC 12-21-2-3 or IC 12-24-2-2.

(7) IC 12-30-2-15.

[Pre-1992 Revision Citation: 12-1-22-5.1(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.35-2016, SEC.4.

 

IC 12-7-2-60"Destitute child"

     Sec. 60. (a) "Destitute child", for purposes of the statutes listed in subsection (b), means an individual:

(1) who is needy;

(2) who is not a public ward;

(3) who is less than eighteen (18) years of age;

(4) who has been deprived of parental support or care because of a parent's:

(A) death;

(B) continued absence from the home; or

(C) physical or mental incapacity; and

(5) whose relatives liable for the individual's support are not able to provide adequate care or support for the individual without public assistance; and

(6) who is in need of foster care, under circumstances that do not require the individual to be made a public ward.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-10-10(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.46.

 

IC 12-7-2-61"Developmental disability"

     Sec. 61. (a) Except as provided in subsection (b), "developmental disability" means a severe, chronic disability of an individual that meets all of the following conditions:

(1) Is attributable to:

(A) intellectual disability, cerebral palsy, epilepsy, or autism; or

(B) any other condition (other than a sole diagnosis of mental illness) found to be closely related to intellectual disability, because this condition results in similar impairment of general intellectual functioning or adaptive behavior or requires treatment or services similar to those required for a person with an intellectual disability.

(2) Is manifested before the individual is twenty-two (22) years of age.

(3) Is likely to continue indefinitely.

(4) Results in substantial functional limitations in at least three (3) of the following areas of major life activities:

(A) Self-care.

(B) Understanding and use of language.

(C) Learning.

(D) Mobility.

(E) Self-direction.

(F) Capacity for independent living.

(G) Economic self-sufficiency.

     (b) The definition in subsection (a) does not apply and may not affect services provided to an individual receiving:

(1) home and community based Medicaid waiver; or

(2) ICF/IID;

services through the division on June 30, 2011.

[Pre-1992 Revision Citations: 4-28-1-7; 4-28-21-1 part; 12-1-23-3; 16-13-2-1(a); 16-13-4.5-2; 16-13-19-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.37; P.L.229-2011, SEC.107; P.L.35-2016, SEC.5.

 

IC 12-7-2-62Repealed

[Pre-1992 Revision Citations: 4-28-22-2; 4-28-26-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.16. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-63Repealed

[Pre-1992 Revision Citation: 4-28-10-28(b).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-64"Director"

     Sec. 64. "Director" refers to the following:

(1) With respect to a particular division, the director of the division.

(2) With respect to a particular state institution, the director who has administrative control of and responsibility for the state institution.

(3) For purposes of IC 12-10-15, the term refers to the director of the division of aging.

(4) For purposes of IC 12-25, the term refers to the director of the division of mental health and addiction.

(5) For purposes of IC 12-26, the term:

(A) refers to the director who has administrative control of and responsibility for the appropriate state institution; and

(B) includes the director's designee.

(6) If subdivisions (1) through (5) do not apply, the term refers to the director of any of the divisions.

[Pre-1992 Revision Citations: 4-28-1-3; 4-28-17-2; 12-1-1-1(c); 12-6-8-1; 16-13-6.1-2; 16-14-1-1(3); 16-14-9.1-1(f); 16-14-18.1-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.73-1998, SEC.1; P.L.215-2001, SEC.25; P.L.2-2005, SEC.45; P.L.234-2005, SEC.13; P.L.141-2006, SEC.16; P.L.145-2006, SEC.47; P.L.1-2007, SEC.107; P.L.146-2008, SEC.379; P.L.110-2010, SEC.17; P.L.149-2016, SEC.42.

 

IC 12-7-2-65Repealed

[Pre-1992 Revision Citation: 4-28-6.1-4.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-66Repealed

[Pre-1992 Revision Citation: 12-1-7.1-1 part.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-67"Discharge"

     Sec. 67. "Discharge", for purposes of IC 12-26, means the final and complete release of an individual with a mental illness from the care, treatment, training, or detention at a facility to which the individual was committed or entered voluntarily for mental illness.

[Pre-1992 Revision Citation: 16-14-9.1-1(n).]

As added by P.L.2-1992, SEC.1. Amended by P.L.99-2007, SEC.42.

 

IC 12-7-2-67.5"Dispense"

     Sec. 67.5. "Dispense", for purposes of IC 12-23-18-8, has the meaning set forth in IC 12-23-18-8(a).

As added by P.L.131-2014, SEC.1.

 

IC 12-7-2-68"Distressed township"

     Sec. 68. "Distressed township", for purposes of IC 12-20-25, has the meaning set forth in IC 12-20-25-4.

[Pre-1992 Revision Citation: 12-2-14-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-69"Division"

     Sec. 69. (a) "Division", except as provided in subsections (b) and (c), refers to any of the following:

(1) The division of disability and rehabilitative services established by IC 12-9-1-1.

(2) The division of aging established by IC 12-9.1-1-1.

(3) The division of family resources established by IC 12-13-1-1.

(4) The division of mental health and addiction established by IC 12-21-1-1.

     (b) The term refers to the following:

(1) For purposes of the following statutes, the division of disability and rehabilitative services established by IC 12-9-1-1:

(A) IC 12-9.

(B) IC 12-11.

(C) IC 12-12.

(D) IC 12-12.5.

(E) IC 12-12.7.

(F) IC 12-28-5.

(2) For purposes of the following statutes, the division of aging established by IC 12-9.1-1-1:

(A) IC 12-9.1.

(B) IC 12-10.

(C) IC 12-10.5.

(3) For purposes of the following statutes, the division of family resources established by IC 12-13-1-1:

(A) IC 12-13.

(B) IC 12-14.

(C) IC 12-15.

(D) IC 12-16.

(E) IC 12-17.2.

(F) IC 12-18.

(G) IC 12-19.

(H) IC 12-20.

(4) For purposes of the following statutes, the division of mental health and addiction established by IC 12-21-1-1:

(A) IC 12-21.

(B) IC 12-22.

(C) IC 12-23.

(D) IC 12-25.

     (c) With respect to a particular state institution, the term refers to the division whose director has administrative control of and responsibility for the state institution.

     (d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term refers to the division whose director has administrative control of and responsibility for the appropriate state institution.

[Pre-1992 Revision Citations: subsection (a) formerly 12-6-1-3; subdivision (b)(1) formerly 4-28-1-2; 4-28-17-3; 12-6-6-7(a); subdivision (b)(2) formerly 12-1-1-1(a); 12-1-6.1-1(d); 12-3-2-3.2; 12-3-24-1; 12-3-29-2; 12-3-30-4; 12-5-7-1; 12-6-6-8(a); subdivision (b)(3) formerly 12-6-6-6(a); 16-13-1-2.2; 16-13-6.1-2; 16-13-23-1; 16-14-1.3-2; 16-14-10-1; subsection (c) formerly 16-14-18.1-1; 16-14-9.1-1(e); subsection (d) formerly 16-14-1-1(2); 16-14-9.1-1(e).]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.15; P.L.81-1992, SEC.15; P.L.1-1993, SEC.82; P.L.4-1993, SEC.23; P.L.5-1993, SEC.36; P.L.1-1994, SEC.50; P.L.40-1994, SEC.12; P.L.215-2001, SEC.26; P.L.283-2001, SEC.10; P.L.1-2002, SEC.50; P.L.255-2003, SEC.9; P.L.243-2003, SEC.2; P.L.234-2005, SEC.14; P.L.93-2006, SEC.5; P.L.141-2006, SEC.17; P.L.1-2007, SEC.108; P.L.229-2011, SEC.108; P.L.6-2012, SEC.82; P.L.13-2013, SEC.43; P.L.85-2017, SEC.47.

 

IC 12-7-2-69.5"Domestic violence"

     Sec. 69.5. "Domestic violence", for purposes of IC 12-18-8, has the meaning set forth in IC 34-6-2-34.5.

As added by P.L.181-2003, SEC.2.

 

IC 12-7-2-70Repealed

[Pre-1992 Revision Citation: 12-3-26-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.192-2002(ss), SEC.152. Repealed by P.L.130-2009, SEC.28.

 

IC 12-7-2-71"Drug"

     Sec. 71. "Drug", for purposes of IC 12-23, means a drug or a controlled substance (as defined in IC 35-48-1).

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-72"Drug abuse"

     Sec. 72. "Drug abuse", for purposes of IC 12-23, means:

(1) psychological or physical dependence on the effect of drugs or harmful substances; or

(2) abuse of the use of drugs or harmful substances;

that is harmful to the individual or society.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-73"Drug abuser"

     Sec. 73. "Drug abuser", for purposes of IC 12-23, means an individual who:

(1) has developed a psychological or physical dependence on the effects of drugs or harmful substances; or

(2) abuses the use of drugs or harmful substances;

so that the individual or society is harmed.

[Pre-1992 Revision Citations: 16-13-1-9.3; 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-73.2"Drug-disease contraindication"

     Sec. 73.2. "Drug-disease contraindication", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-6.

As added by P.L.75-1992, SEC.6.

 

IC 12-7-2-73.4"Drug-drug interaction"

     Sec. 73.4. "Drug-drug interaction", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-7.

As added by P.L.75-1992, SEC.7.

 

IC 12-7-2-73.5Repealed

As added by P.L.168-2002, SEC.3. Repealed by P.L.108-2010, SEC.10.

 

IC 12-7-2-73.6"Drug utilitization review or DUR"

     Sec. 73.6. "Drug utilitization review" or "DUR", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-8.

As added by P.L.75-1992, SEC.8.

 

IC 12-7-2-74"Early intervention services"

     Sec. 74. "Early intervention services", for purposes of IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-3.

[Pre-1992 Revision Citation: 12-3-30-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.21-1992, SEC.5; P.L.93-2006, SEC.6.

 

IC 12-7-2-74.3"EBT card"

     Sec. 74.3. "EBT card", for purposes of IC 12-13-14-15, has the meaning set forth in IC 12-13-14-15(a).

As added by P.L.197-2013, SEC.4.

 

IC 12-7-2-74.5"EBT program"

     Sec. 74.5. "EBT program", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.2-1997, SEC.31.

 

IC 12-7-2-75Repealed

[Pre-1992 Revision Citation: 12-1-33-1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.181-2006, SEC.62.

 

IC 12-7-2-75.7Repealed

As added by P.L.205-2013, SEC.173. Amended by P.L.2-2014, SEC.57. Repealed by P.L.184-2017, SEC.2.

 

IC 12-7-2-76"Eligible individual"

     Sec. 76. (a) "Eligible individual", for purposes of:

(1) IC 12-10-10, has the meaning set forth in IC 12-10-10-4;

(2) IC 12-10-10.5, has the meaning set forth in IC 12-10-10.5-3; and

(3) IC 12-11-14, has the meaning set forth in IC 12-11-14-6.

     (b) "Eligible individual" has the meaning set forth in IC 12-14-18-1.5 for purposes of the following:

(1) IC 12-10-6.

(2) IC 12-14-2.

(3) IC 12-14-18.

(4) IC 12-14-19.

(5) IC 12-15-2.

(6) IC 12-15-3.

(7) IC 12-16-3.5.

(8) IC 12-20-5.5.

[Pre-1992 Revision Citation: 4-28-6.1-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.128-1999, SEC.4; P.L.283-2001, SEC.11; P.L.120-2002, SEC.8; P.L.97-2004, SEC.47; P.L.145-2006, SEC.48; P.L.145-2014, SEC.3; P.L.12-2016, SEC.5.

 

IC 12-7-2-76.2Repealed

As added by P.L.205-2013, SEC.174. Amended by P.L.2-2014, SEC.58. Repealed by P.L.184-2017, SEC.3.

 

IC 12-7-2-76.3Repealed

As added by P.L.205-2013, SEC.175. Amended by P.L.2-2014, SEC.59. Repealed by P.L.184-2017, SEC.4.

 

IC 12-7-2-76.5"Emergency"

     Sec. 76.5. (a) "Emergency", for purposes of IC 12-20, means an unpredictable circumstance or a series of unpredictable circumstances that:

(1) place the health or safety of a household or a member of a household in jeopardy; and

(2) cannot be remedied in a timely manner by means other than township assistance.

     (b) "Emergency", for purposes of IC 12-17.6, has the meaning set forth in IC 12-17.6-1-2.6.

As added by P.L.51-1996, SEC.6. Amended by P.L.95-2000, SEC.1; P.L.283-2001, SEC.12; P.L.255-2003, SEC.10.

 

IC 12-7-2-76.6"Emergency medical condition"

     Sec. 76.6. "Emergency medical condition", for purposes of IC 12-15-12, has the meaning set forth in IC 12-15-12-0.3.

As added by P.L.223-2001, SEC.1.

 

IC 12-7-2-76.7Repealed

As added by P.L.34-2001, SEC.2. Amended by P.L.70-2004, SEC.3. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-76.8"Employed; employee; employment; employs"

     Sec. 76.8. "Employed", "employee", "employment", or "employs", for purposes of IC 12-17.2-3.5, has the meaning set forth in IC 12-17.2-3.5-1.3.

As added by P.L.18-2003, SEC.3.

 

IC 12-7-2-76.9"Emergency services"

     Sec. 76.9. "Emergency services", for purposes of IC 12-15-12, has the meaning set forth in IC 12-15-12-0.5.

As added by P.L.223-2001, SEC.2.

 

IC 12-7-2-77Endangered adult

     Sec. 77. "Endangered adult", for purposes of IC 12-8-1.5-18 and IC 12-10-3, has the meaning set forth in IC 12-10-3-2.

[Pre-1992 Revision Citation: 4-28-5-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.34-2016, SEC.1.

 

IC 12-7-2-77.1"Endangered adult medical alert"

     Sec. 77.1. "Endangered adult medical alert" means an alert indicating that law enforcement officials are searching for a missing endangered adult.

As added by P.L.210-2015, SEC.4.

 

IC 12-7-2-77.2"Enforcement action"

     Sec. 77.2. "Enforcement action", for purposes of IC 12-17.2, refers to the following:

(1) Revocation or decertification of eligibility for a voucher payment under IC 12-17.2-3.5.

(2) Denial, suspension, or revocation of a license under IC 12-17.2-4 or IC 12-17.2-5.

As added by P.L.225-2013, SEC.2.

 

IC 12-7-2-77.5"Estate"

     Sec. 77.5. "Estate", for purposes of IC 12-15-9, has the meaning set forth in IC 12-15-9-0.5.

As added by P.L.152-1995, SEC.1.

 

IC 12-7-2-78Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.40-1994, SEC.83.

 

IC 12-7-2-78.5"Essential person"

     Sec. 78.5. "Essential person", for purposes of IC 12-14, has the meaning set forth in IC 12-14-2-0.5.

As added by P.L.46-1995, SEC.3.

 

IC 12-7-2-79"Executive authority"

     Sec. 79. "Executive authority", for purposes of IC 12-28-3, has the meaning set forth in IC 12-28-3-3.

[Pre-1992 Revision Citation: 16-13-9-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-80Repealed

[Pre-1992 Revision Citation: 12-3-2-3.5(a).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-81"Expenses and obligations"

     Sec. 81. (a) "Expenses and obligations", for purposes of the statutes listed in subsection (b), refer to expenses, obligations, assistance, and claims:

(1) of a county office;

(2) incurred in the administration of the welfare services of the county;

(3) incurred as provided by law; and

(4) for:

(A) assistance for aged persons in need;

(B) assistance to dependent children; and

(C) other assistance or services that a county office is authorized by law to allow.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-11-14.]

As added by P.L.2-1992, SEC.1. Amended by P.L.4-1993, SEC.24; P.L.5-1993, SEC.37; P.L.145-2006, SEC.49.

 

IC 12-7-2-82"Facility"

     Sec. 82. "Facility" means the following:

(1) For purposes of IC 12-17-12, the meaning set forth in IC 12-17-12-3.

(2) For purposes of IC 12-17-13, the meaning set forth in IC 12-17-13-2.

(3) For purposes of IC 12-26, a hospital, a health and hospital corporation established under IC 16-22-8, a psychiatric hospital, a community mental health center, another institution, a program, a managed care provider, or a child caring institution:

(A) where an individual with a mental illness can receive rehabilitative treatment, or habilitation and care, in the least restrictive environment suitable for the necessary care, treatment, and protection of the individual and others; and

(B) that has adequate space and treatment staff appropriate to the needs of the individual as determined by the superintendent of the facility.

The term includes all services, programs, and centers of the facility, wherever located.

(4) For purposes of IC 12-15-32, the meaning set forth in IC 12-15-32-1.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-3-29-4; subdivision (2) formerly 4-28-6.2-2; subdivision (3) formerly 16-14-9.1-1(i); subdivision (4) formerly 12-1-7.3-1 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.62-1993, SEC.2; P.L.40-1994, SEC.13; P.L.99-2007, SEC.43; P.L.194-2007, SEC.2.

 

IC 12-7-2-82.2"Family or household member"

     Sec. 82.2. "Family or household member", for purposes of IC 12-18-8, has the meaning set forth in IC 12-18-8-3.

As added by P.L.181-2003, SEC.3.

 

IC 12-7-2-82.3Repealed

As added by P.L.74-1994, SEC.2. Repealed by P.L.138-2007, SEC.93.

 

IC 12-7-2-82.4Repealed

As added by P.L.160-2011, SEC.2. Amended by P.L.6-2012, SEC.83. Repealed by P.L.85-2017, SEC.48.

 

IC 12-7-2-82.5"Family support program"

     Sec. 82.5. "Family support program", for purposes of IC 12-8-14, has the meaning set forth in IC 12-8-14-1.

As added by P.L.137-1993, SEC.1. Amended by P.L.272-1999, SEC.17.

 

IC 12-7-2-82.7"Federal act"

     Sec. 82.7. "Federal act", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.2.

As added by P.L.217-2005, SEC.3.

 

IC 12-7-2-83"Federal department"

     Sec. 83. "Federal department", for purposes of IC 12-26-9, has the meaning set forth in IC 12-26-9-1.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-84"Federal facility"

     Sec. 84. "Federal facility", for purposes of IC 12-26-9, has the meaning set forth in IC 12-26-9-2.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-85"Federal income poverty level"

     Sec. 85. "Federal income poverty level", for purposes of IC 12-15-2, has the meaning set forth in IC 12-15-2-1.

[Pre-1992 Revision Citations: 12-1-7-55(a); 12-1-7-56(a) part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-85.1Repealed

As added by P.L.160-2011, SEC.3. Amended by P.L.6-2012, SEC.84. Repealed by P.L.85-2017, SEC.49.

 

IC 12-7-2-85.2Repealed

As added by P.L.181-2003, SEC.4. Repealed by P.L.258-2017, SEC.2.

 

IC 12-7-2-85.3"Financial institution"

     Sec. 85.3. "Financial institution", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.257-1997(ss), SEC.3. Amended by P.L.145-2006, SEC.50.

 

IC 12-7-2-85.4"Federal public benefit"

     Sec. 85.4. "Federal public benefit", for purposes of IC 12-32-1, has the meaning set forth in IC 12-32-1-2.

As added by P.L.171-2011, SEC.10.

 

IC 12-7-2-85.5Repealed

As added by P.L.42-1995, SEC.6. Repealed by P.L.108-1997, SEC.10.

 

IC 12-7-2-86"Fiscal body"

     Sec. 86. "Fiscal body", for purposes of IC 12-20, has the meaning set forth in IC 36-1-2-6.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-87"Flight or fled"

     Sec. 87. "Flight" or "fled", for purposes of IC 12-28-3, has the meaning set forth in IC 12-28-3-1.

[Pre-1992 Revision Citation: 16-13-9-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-87.8"Food retailer"

     Sec. 87.8. "Food retailer", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1(f).

As added by P.L.257-1997(ss), SEC.4. Amended by P.L.210-2015, SEC.5.

 

IC 12-7-2-88"Forcible felony"

     Sec. 88. "Forcible felony", for purposes of IC 12-23, has the meaning set forth in IC 35-31.5-2-138.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.114-2012, SEC.30.

 

IC 12-7-2-89"Foster care"

     Sec. 89. (a) "Foster care", for purposes of the statutes listed in subsection (b), means living in a place licensed under IC 31-27.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-10-10(b).]

As added by P.L.2-1992, SEC.1. Amended by P.L.81-1992, SEC.16; P.L.1-1993, SEC.83; P.L.145-2006, SEC.51.

 

IC 12-7-2-90Repealed

[Pre-1992 Revision Citation: 12-3-2-3.6.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.16; P.L.81-1992, SEC.17; P.L.1-1993, SEC.84; P.L.61-1993, SEC.4. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-91"Fund"

     Sec. 91. "Fund" means the following:

(1) For purposes of IC 12-12-1-9, the fund described in IC 12-12-1-9.

(2) For purposes of IC 12-15-20, the meaning set forth in IC 12-15-20-1.

(3) For purposes of IC 12-17-12, the meaning set forth in IC 12-17-12-4.

(4) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-3.

(5) For purposes of IC 12-23-2, the meaning set forth in IC 12-23-2-1.

(6) For purposes of IC 12-23-18, the meaning set forth in IC 12-23-18-4.

(7) For purposes of IC 12-24-6, the meaning set forth in IC 12-24-6-1.

(8) For purposes of IC 12-24-14, the meaning set forth in IC 12-24-14-1.

(9) For purposes of IC 12-30-7, the meaning set forth in IC 12-30-7-3.

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-10-23(b); subdivision (2) formerly 12-1-12-12.5; subdivision (3) formerly 12-1-7-61(a) part; subdivision (4) formerly 12-3-29-5; subdivision (5) formerly 12-3-25-1(a); subdivision (6) formerly 12-3-26-4(a); subdivision (7) formerly 12-3-27-1 part; subdivision (8) formerly 12-1-11-1; subdivision (9) formerly 12-1-11.1-1 part; 1992 Revision Citation: subdivision (10) New; subdivision (11) New; subdivision (12) New; subdivision (13) formerly 12-4-6-7.]

As added by P.L.2-1992, SEC.1. Amended by P.L.36-1994, SEC.12; P.L.91-1996, SEC.3; P.L.273-1999, SEC.164; P.L.273-1999, SEC.60; P.L.14-2000, SEC.27; P.L.11-2003, SEC.1; P.L.146-2008, SEC.380; P.L.130-2009, SEC.16; P.L.205-2013, SEC.176; P.L.2-2014, SEC.60; P.L.184-2017, SEC.5.

 

IC 12-7-2-91.4"Gatekeeper"

     Sec. 91.4. "Gatekeeper", for purposes of IC 12-24, IC 12-25, and IC 12-26, means an entity identified in IC 12-24-12-10 that is actively involved in the evaluation and planning of and treatment for a committed individual beginning after the commitment through the planning of the individual's transition back into the community, including case management services for the individual in the community.

As added by P.L.6-1995, SEC.3. Amended by P.L.108-1996, SEC.1.

 

IC 12-7-2-92"Governmental entity"

     Sec. 92. "Governmental entity", for purposes of IC 12-10-3, has the meaning set forth in IC 12-10-3-3.

[Pre-1992 Revision Citation: 4-28-5-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-93"Governor"

     Sec. 93. "Governor", for purposes of IC 12-28-3, has the meaning set forth in IC 12-28-3-3.

[Pre-1992 Revision Citation: 16-13-9-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-93.7Repealed

As added by P.L.205-2013, SEC.177. Amended by P.L.2-2014, SEC.61. Repealed by P.L.184-2017, SEC.6.

 

IC 12-7-2-94"Grantee agency"

     Sec. 94. "Grantee agency", for purposes of IC 12-8-10, has the meaning set forth in IC 12-8-10-2.

[Pre-1992 Revision Citation: 4-28-1-4.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-95"Grant-in-aid"

     Sec. 95. (a) "Grant-in-aid", for purposes of the statutes listed in subsection (b), means any money paid by the federal government to the state or any money paid by the state to a county for the purpose of defraying any of the expenses, claims, allowances, assistance, or obligations authorized by this title.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-1(g).]

As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.52.

 

IC 12-7-2-96"Gravely disabled"

     Sec. 96. "Gravely disabled", for purposes of IC 12-26, means a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual:

(1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or

(2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently.

[Pre-1992 Revision Citation: 16-14-9.1-1(b).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-97Repealed

[Pre-1992 Revision Citation: 12-1-7-17.7(a)(1).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.27-1992, SEC.30.

 

IC 12-7-2-98"Group"

     Sec. 98. "Group", for purposes of IC 12-8-10, has the meaning set forth in IC 12-8-10-3.

[Pre-1992 Revision Citation: 4-28-12-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-98.2"Group size"

     Sec. 98.2. "Group size", for purposes of IC 12-17.2-3.5, means the number of children who routinely work, learn, eat, sleep, and play together inside and outside a facility where a provider operates a child care program.

As added by P.L.171-2014, SEC.1.

 

IC 12-7-2-98.5Repealed

As added by P.L.20-1992, SEC.17 and P.L.81-1992, SEC.18. Amended by P.L.1-1993, SEC.85. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-99"A person with a disability"

     Sec. 99. "A person with a disability" means, for purposes of the following statutes, an individual who has a physical or mental disability and meets the program eligibility requirements of the division of disability and rehabilitative services:

(1) IC 12-8-1.5-10.

(2) IC 12-12-1.

(3) IC 12-12-6.

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-10-4; subdivision (2) formerly 16-7-15-2(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.138-1993, SEC.1; P.L.23-1993, SEC.38; P.L.4-1993, SEC.25; P.L.5-1993, SEC.38; P.L.272-1999, SEC.18; P.L.141-2006, SEC.18; P.L.160-2012, SEC.9.

 

IC 12-7-2-100Repealed

[Pre-1992 Revision Citation: 12-3-30-6.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.21-1992, SEC.16.

 

IC 12-7-2-101"Harmful substance"

     Sec. 101. "Harmful substance", for purposes of IC 12-23, means any substance used by an individual to produce the effect of a controlled substance, although the substance is not classified as a controlled substance under IC 35-48.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-102Repealed

[Pre-1992 Revision Citation: 16-13-6.1-12.5.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.40-1994, SEC.83.

 

IC 12-7-2-103"Health facility"

     Sec. 103. "Health facility" means the following:

(1) For purposes of IC 12-10-5.5, the meaning set forth in IC 12-10-5.5-2.

(2) For purposes of IC 12-10-12, the meaning set forth in IC 12-10-12-3.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-22-1; subdivision (2) formerly 16-10-4.5-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.139-1993, SEC.1; P.L.106-1997, SEC.2.

 

IC 12-7-2-103.3"Health maintenance organization"

     Sec. 103.3. "Health maintenance organization", for purposes of IC 12-15-39.6, has the meaning set forth in IC 27-13-1-19.

As added by P.L.97-2004, SEC.48.

 

IC 12-7-2-103.5"Health related services"

     Sec. 103.5. "Health related services":

(1) for purposes of IC 12-10-15, has the meaning set forth in IC 12-10-15-2; and

(2) for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-5.

As added by P.L.73-1998, SEC.2. Amended by P.L.255-2001, SEC.4; P.L.141-2006, SEC.19.

 

IC 12-7-2-104Repealed

[Pre-1992 Revision Citation: 12-1-7-4(b).]

As added by P.L.2-1992, SEC.1. Amended by P.L.149-1995, SEC.2. Repealed by P.L.1-2007, SEC.248.

 

IC 12-7-2-104.5"Holocaust victim's settlement payment"

     Sec. 104.5. "Holocaust victim's settlement payment" has the meaning set forth in IC 12-14-18-1.7 for purposes of the following:

(1) IC 12-10-6.

(2) IC 12-14-2.

(3) IC 12-14-18.

(4) IC 12-14-19.

(5) IC 12-15-2.

(6) IC 12-15-3.

(7) IC 12-16-3.5.

(8) IC 12-20-5.5.

As added by P.L.128-1999, SEC.5. Amended by P.L.283-2001, SEC.13; P.L.120-2002, SEC.9; P.L.97-2004, SEC.49; P.L.145-2006, SEC.53.

 

IC 12-7-2-105"Home care services"

     Sec. 105. "Home care services", for purposes of IC 12-10-13, has the meaning set forth in IC 12-10-13-3.

[Pre-1992 Revision Citation: 16-10-4.5-6.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-106Repealed

[Pre-1992 Revision Citation: 12-1-33-2.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.181-2006, SEC.62.

 

IC 12-7-2-107Repealed

[Pre-1992 Revision Citation: 12-1-33-3.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.181-2006, SEC.62.

 

IC 12-7-2-108"Home health agency"

     Sec. 108. "Home health agency", for purposes of IC 12-15-34, has the meaning set forth in IC 12-15-34-1.

[Pre-1992 Revision Citation: 12-1-7.5-1(a) part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-109"Home health services"

     Sec. 109. "Home health services", for purposes of IC 12-15-34, has the meaning set forth in IC 12-15-34-2.

[Pre-1992 Revision Citation: 12-1-7.5-1(b).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-109.5"Hospice"

     Sec. 109.5. "Hospice", for purposes of IC 12-15-40, has the meaning set forth in IC 12-15-40-2.

As added by P.L.24-1997, SEC.8.

 

IC 12-7-2-109.6"Hospice program"

     Sec. 109.6. "Hospice program", for purposes of IC 12-15-40, has the meaning set forth in IC 12-15-40-3.

As added by P.L.24-1997, SEC.9.

 

IC 12-7-2-109.7"Hospice program patient"

     Sec. 109.7. "Hospice program patient", for purposes of IC 12-15-40, has the meaning set forth in IC 12-15-40-4.

As added by P.L.24-1997, SEC.10.

 

IC 12-7-2-109.8"Hospice services"

     Sec. 109.8. "Hospice services", for purposes of IC 12-15-5 and IC 12-15-40, has the meaning set forth in IC 12-15-40-5.

As added by P.L.24-1997, SEC.11.

 

IC 12-7-2-110"Hospital"

     Sec. 110. "Hospital" means the following:

(1) For purposes of IC 12-15-11.5, the meaning set forth in IC 12-15-11.5-1.

(2) For purposes of IC 12-15-18, the meaning set forth in IC 12-15-18-2.

(3) For purposes of IC 12-16, except IC 12-16-1, the term refers to a hospital licensed under IC 16-21.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-7-17.7(a)(2); subdivision (2) formerly 12-5-6-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.2-1993, SEC.75; P.L.142-2000, SEC.1; P.L.283-2001, SEC.14; P.L.120-2002, SEC.10; P.L.255-2003, SEC.11.

 

IC 12-7-2-110.5"Household"

     Sec. 110.5. "Household", for purposes of IC 12-20, means any of the following:

(1) An individual living alone.

(2) A family related by blood.

(3) A group of individuals living together at one (1) residence as a domestic unit with mutual economic dependency.

As added by P.L.51-1996, SEC.7.

 

IC 12-7-2-110.7"Housing with services establishment"

     Sec. 110.7. "Housing with services establishment", for purposes of IC 12-10-15, has the meaning set forth in IC 12-10-15-3.

As added by P.L.73-1998, SEC.3.

 

IC 12-7-2-111"Immediate family"

     Sec. 111. (a) "Immediate family", for purposes of the statutes listed in subsection (b), means the following:

(1) If a Medicaid applicant is married, the applicant's spouse and dependent children less than twenty-one (21) years of age.

(2) If a Medicaid applicant is not married, the following:

(A) If the applicant is divorced, the parent having custody.

(B) If the applicant is less than twenty-one (21) years of age:

(I) the parent having custody; and

(ii) the dependent children less than twenty-one (21) years of age of the parent or parents.

(C) If clauses (A) and (B) do not apply, the applicant's parents.

     (b) This section applies to the following statutes:

(1) IC 12-14-1 through IC 12-14-9.5.

(2) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.

[Pre-1992 Revision Citation: 12-1-7-14.1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.273-1999, SEC.75.

 

IC 12-7-2-112"Incapacitated"

     Sec. 112. "Incapacitated", for purposes of IC 12-23, means having been judged incapacitated under IC 29-3 by a court.

[Pre-1992 Revision Citation: 16-13-6.1-2 part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-113"Incapacitated by alcohol"

     Sec. 113. "Incapacitated by alcohol", for purposes of IC 12-23, means that an individual, as the result of the use of alcohol, has the individual's judgment impaired and is incapable of realizing and making a rational decision with respect to the individual's need for treatment.

[Pre-1992 Revision Citation: 16-13-6.1-2 part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-114"Incapacitated individual"

     Sec. 114. "Incapacitated individual", for purposes of IC 12-10-7, has the meaning set forth in IC 12-10-7-1.

[Pre-1992 Revision Citation: 4-28-17-4.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-115"Indebtedness"

     Sec. 115. "Indebtedness", for purposes of IC 12-20-25, has the meaning set forth in IC 12-20-25-5.

[Pre-1992 Revision Citation: 12-2-14-4.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-116"Indigent adult"

     Sec. 116. "Indigent adult", for purposes of IC 12-10-7, has the meaning set forth in IC 12-10-7-2.

[Pre-1992 Revision Citation: 4-28-17-5.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-117Repealed

[Pre-1992 Revision Citation: 12-1-7-53(a) part.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.146-2008, SEC.804.

 

IC 12-7-2-117.1"Individual in need of self-directed in-home care"

     Sec. 117.1. "Individual in need of self-directed in-home care", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-6.

As added by P.L.255-2001, SEC.5. Amended by P.L.141-2006, SEC.20.

 

IC 12-7-2-117.2Repealed

As added by P.L.137-1993, SEC.2. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-117.3"Individual with a disability"; "individual with a significant disability"

     Sec. 117.3. (a) "Individual with a disability", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.4.

     (b) "Individual with a disability", for purposes of IC 12-10-10, has the meaning set forth in IC 12-10-10-3.

     (c) "Individual with a significant disability", for purposes of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.6.

As added by P.L.217-2005, SEC.4. Amended by P.L.99-2007, SEC.44.

 

IC 12-7-2-117.4Repealed

As added by P.L.21-1992, SEC.6. Amended by P.L.93-2006, SEC.7. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-117.6"Individual with a mental illness"

     Sec. 117.6. "Individual with a mental illness", for purposes of IC 12-21-2 and IC 12-24-17, means an individual who:

(1) has a psychiatric disorder that substantially impairs the individual's mental health; and

(2) requires care, treatment, training, or detention:

(A) because of the psychiatric disorder; or

(B) for the welfare of the individual or others of the community in which the individual resides.

As added by P.L.99-2007, SEC.45. Amended by P.L.143-2011, SEC.6.

 

IC 12-7-2-117.8"Infants and toddlers with disabilities"

     Sec. 117.8. "Infants and toddlers with disabilities", for purposes of IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-4.

As added by P.L.99-2007, SEC.46.

 

IC 12-7-2-118Repealed

[Pre-1992 Revision Citation: 12-5-6-6.5(c).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.283-2001, SEC.40.

 

IC 12-7-2-118.3Repealed

As added by P.L.134-2008, SEC.4. Repealed by P.L.138-2014, SEC.1.

 

IC 12-7-2-118.5Repealed

As added by P.L.120-2002, SEC.11. Repealed by P.L.1-2010, SEC.156.

 

IC 12-7-2-118.8"Institution"

     Sec. 118.8. "Institution", for purposes of IC 12-10-11.5, has the meaning set forth in IC 12-10-11.5-1.

As added by P.L.274-2003, SEC.3.

 

IC 12-7-2-119Repealed

[Pre-1992 Revision Citation: 12-1-7-14.4(7).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.210-2015, SEC.6.

 

IC 12-7-2-119.5"Institutional provider"

     Sec. 119.5. "Institutional provider", for purposes of IC 12-15-13-4, has the meaning set forth in IC 12-15-13-4(a).

As added by P.L.229-2011, SEC.109.

 

IC 12-7-2-120"Insurer"

     Sec. 120. (a) "Insurer", for purposes of the statutes listed in subsection (b), means an insurance company, a health maintenance organization (as defined in IC 27-13-1-19), a self-funded employee benefit plan, a pension fund, a retirement system, or a similar entity that:

(1) does business in Indiana; and

(2) is under an obligation to make payments for medical services as a result of injury, illness, or disease suffered by an individual.

     (b) This section applies to the following statutes:

(1) IC 12-14-1 through IC 12-14-9.5.

(2) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.

[Pre-1992 Revision Citation: 12-1-7-14.2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.26-1994, SEC.2; P.L.273-1999, SEC.76.

 

IC 12-7-2-120.5"Interim period"

     Sec. 120.5. "Interim period", for purposes of IC 12-20-27, has the meaning set forth in IC 12-20-27-1.5.

As added by P.L.51-1996, SEC.8.

 

IC 12-7-2-121Repealed

[Pre-1992 Revision Citation: 12-3-26-1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.1-1993, SEC.86.

 

IC 12-7-2-121.5"Intervention"

     Sec. 121.5. "Intervention", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-9.

As added by P.L.75-1992, SEC.9.

 

IC 12-7-2-122"Intoxicated"

     Sec. 122. "Intoxicated", for purposes of IC 12-23, means the state of an individual in which the individual's mental or physical functioning is substantially impaired as a result of the use of alcohol, drugs, or harmful substances.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-122.3"Knew or know"

     Sec. 122.3. "Knew" or "know", for purposes of IC 12-15-23, means that a person, regarding information:

(1) has actual knowledge of information;

(2) acts in deliberate ignorance of the truth or falsity of the information; or

(3) acts in reckless disregard of the truth or falsity of the information.

As added by P.L.79-2007, SEC.2.

 

IC 12-7-2-122.5"Legal representative"

     Sec. 122.5. "Legal representative", for purposes of IC 12-10-13, has the meaning set forth in IC 12-10-13-3.3.

As added by P.L.139-1993, SEC.2.

 

IC 12-7-2-122.9"Licensed health professional"

     Sec. 122.9. "Licensed health professional", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-7.

As added by P.L.255-2001, SEC.6. Amended by P.L.141-2006, SEC.21.

 

IC 12-7-2-123Repealed

[Pre-1992 Revision Citation: 12-3-2-11.5(b).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-123.2"Licensee"

     Sec. 123.2. "Licensee", for the purposes of IC 12-17.2, means a person who holds a valid license issued under IC 12-17.2.

As added by P.L.20-1992, SEC.18; P.L.81-1992, SEC.19. Amended by P.L.1-1993, SEC.87; P.L.145-2006, SEC.54.

 

IC 12-7-2-124"Life threatening emergency"

     Sec. 124. "Life threatening emergency", for purposes of IC 12-10-3, has the meaning set forth in IC 12-10-3-4.

[Pre-1992 Revision Citation: 4-28-5-3.5.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-124.5Repealed

As added by P.L.34-2001, SEC.3. Amended by P.L.70-2004, SEC.4. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-124.6Repealed

As added by P.L.146-2008, SEC.381. Repealed by P.L.44-2009, SEC.36.

 

IC 12-7-2-124.7"Local domestic violence fatality review team"

     Sec. 124.7. "Local domestic violence fatality review team", for purposes of IC 12-18-8, has the meaning set forth in IC 12-18-8-5.

As added by P.L.181-2003, SEC.5.

 

IC 12-7-2-124.8Repealed

As added by P.L.146-2008, SEC.382. Repealed by P.L.44-2009, SEC.36.

 

IC 12-7-2-125"Long term care"

     Sec. 125. "Long term care", for purposes of IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-1.

[Pre-1992 Revision Citation: 4-28-23-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.12.

 

IC 12-7-2-125.5"Long term care facility"

     Sec. 125.5. (a) "Long term care facility", for purposes of IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-2.

     (b) "Long term care facility", for purposes of IC 12-10-13, has the meaning set forth in IC 12-10-13-3.6.

As added by P.L.139-1993, SEC.3. Amended by P.L.75-1994, SEC.1; P.L.24-1997, SEC.13.

 

IC 12-7-2-126"Long term care insurance"

     Sec. 126. "Long term care insurance", for purposes of IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-3.

[Pre-1992 Revision Citation: 4-28-23-2 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.14.

 

IC 12-7-2-126.1Repealed

As added by P.L.40-1994, SEC.14. Repealed by P.L.28-2012, SEC.2.

 

IC 12-7-2-126.3"Long term care services eligibility screen"

     Sec. 126.3. "Long term care services eligibility screen", for purposes of IC 12-10-10, has the meaning set forth in IC 12-10-10-4.5.

As added by P.L.150-1995, SEC.3.

 

IC 12-7-2-126.5"Low income utilization rate"

     Sec. 126.5. "Low income utilization rate", for purposes of IC 12-15-16-6, has the meaning set forth in IC 12-15-16-6(a).

As added by P.L.277-1993(ss), SEC.68.

 

IC 12-7-2-126.9"Managed care organization"

     Sec. 126.9. "Managed care organization" means a person that has a comprehensive risk contract with the office of Medicaid policy and planning under IC 12-15.

As added by P.L.152-2017, SEC.2.

 

IC 12-7-2-127"Managed care provider"

     Sec. 127. "Managed care provider", for purposes of IC 12-14-1 through IC 12-14-9.5 and IC 12-15 (except IC 12-15-21, IC 12-15-33, and IC 12-15-34) means either of the following:

(1) A physician licensed under IC 25-22.5 who:

(A) is primarily engaged in general practice, family practice, internal medicine, pediatric medicine, or obstetrics and gynecology; and

(B) has entered into a provider agreement for the provision of physician services under IC 12-15-11-4.

(2) A partnership, corporation, or other entity that:

(A) employs or contracts with physicians licensed under IC 25-22.5 who are primarily engaged in general practice, family practice, internal medicine, pediatric medicine, or obstetrics and gynecology; and

(B) has entered into a provider agreement for the provision of physician services under IC 12-15-11-4.

[Pre-1992 Revision Citation: 12-1-7-14.3.]

As added by P.L.2-1992, SEC.1. Amended by P.L.40-1994, SEC.15; P.L.6-1995, SEC.4; P.L.273-1999, SEC.77; P.L.215-2001, SEC.27; P.L.143-2011, SEC.7.

 

IC 12-7-2-127.5"Medicaid inpatient utilization rate"

     Sec. 127.5. "Medicaid inpatient utilization rate", for purposes of IC 12-15-16 and IC 12-15-17-1, has the meaning set forth in IC 12-15-16-2(a).

As added by P.L.277-1993(ss), SEC.69. Amended by P.L.210-2015, SEC.7.

 

IC 12-7-2-128"Medicaid program"

     Sec. 128. "Medicaid program" refers to the program established under IC 12-15.

[Pre-1992 Revision Citations: 4-28-6.1-16(a); 12-1-7-14.5.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-128.5"Medical institution"

     Sec. 128.5. "Medical institution", for purposes of IC 12-15-8.5, has the meaning set forth in IC 12-15-8.5-1.

As added by P.L.178-2002, SEC.79.

 

IC 12-7-2-128.7"Medication assisted treatment"

     Sec. 128.7. "Medication assisted treatment" means evidence based addiction treatment that, to the extent needed by the patient, includes the following:

(1) A treatment plan that encompasses comprehensive therapy with detoxification, psychosocial support, and counseling.

(2) Access to federal Food and Drug Administration approved medications and devices that are used for the prevention of relapse and treatment of the following:

(A) Opioid dependence and with the treatment goal of opioid abstinence or the use of the lowest appropriate dose.

(B) Alcohol dependence.

As added by P.L.168-2017, SEC.1. Amended by P.L.203-2017, SEC.2.

 

IC 12-7-2-129"Member"

     Sec. 129. "Member", for purposes of IC 12-8-2.5, has the meaning set forth in IC 12-8-2.5-2.

[Pre-1992 Revision Citation: 12-6-3-3.]

As added by P.L.2-1992, SEC.1. Amended by P.L.160-2012, SEC.10.

 

IC 12-7-2-129.2"Member of the applicant's household"

     Sec. 129.2. "Member of the applicant's household", for purposes of IC 12-20-6-0.5, has the meaning set forth in IC 12-20-6-0.5.

As added by P.L.2-1996, SEC.231.

 

IC 12-7-2-129.5Repealed

As added by P.L.34-2001, SEC.4. Amended by P.L.70-2004, SEC.5. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-130"Mental illness"

     Sec. 130. "Mental illness" means the following:

(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a psychiatric disorder that:

(A) substantially disturbs an individual's thinking, feeling, or behavior; and

(B) impairs the individual's ability to function.

The term includes intellectual disability, alcoholism, and addiction to narcotics or dangerous drugs.

(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric disorder that:

(A) substantially disturbs an individual's thinking, feeling, or behavior; and

(B) impairs the individual's ability to function.

The term does not include developmental disability.

[Pre-1992 Revision Citations: subdivision (1) formerly 16-14-9.1-1(a); subdivision (2) formerly 16-13-21-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.117-2015, SEC.11.

 

IC 12-7-2-131Repealed

[Pre-1992 Revision Citations: 16-13-20-1; 16-14-1-1(1).]

As added by P.L.2-1992, SEC.1. Amended by P.L.25-2003, SEC.1. Repealed by P.L.99-2007, SEC.224.

 

IC 12-7-2-131.3"Missing endangered adult"

     Sec. 131.3. "Missing endangered adult", for purposes of IC 12-10-18, means an individual at least eighteen (18) years of age who is reported missing to a law enforcement agency and is, or is believed to be:

(1) a temporary or permanent resident of Indiana;

(2) at a location that cannot be determined by an individual familiar with the missing individual; and

(3) incapable of returning to the missing individual's residence without assistance by reason of:

(A) mental illness;

(B) intellectual disability;

(C) dementia; or

(D) another physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care.

As added by P.L.140-2005, SEC.1. Amended by P.L.117-2015, SEC.12.

 

IC 12-7-2-131.5"Monitor"

     Sec. 131.5. "Monitor", for the purposes of IC 12-17.2, means observation to determine the licensee's continuing compliance with IC 12-17.2.

As added by P.L.20-1992, SEC.19; P.L.81-1992, SEC.20. Amended by P.L.1-1993, SEC.88; P.L.145-2006, SEC.55.

 

IC 12-7-2-131.8"National criminal history background check"

     Sec. 131.8. "National criminal history background check", for purposes of IC 12-17.2, has the meaning set forth in IC 10-13-3-12.

As added by P.L.287-2013, SEC.3.

 

IC 12-7-2-132Repealed

[Pre-1992 Revision Citation: 16-7-15-2(b).]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1993, SEC.39. Repealed by P.L.272-1999, SEC.66.

 

IC 12-7-2-132.2"Noninstitutional provider"

     Sec. 132.2. "Noninstitutional provider", for purposes of IC 12-15-13-3.5, has the meaning set forth in IC 12-15-13-3.5(a).

As added by P.L.229-2011, SEC.110.

 

IC 12-7-2-132.5Repealed

As added by P.L.134-2008, SEC.5. Repealed by P.L.138-2014, SEC.2.

 

IC 12-7-2-133"Nursing facility"

     Sec. 133. "Nursing facility" has the meaning set forth in 42 U.S.C. 1396r(a).

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-133.5Repealed

As added by P.L.2-1996, SEC.232. Amended by P.L.23-1996, SEC.12. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-134"Office"

     Note: This version of section amended by P.L.35-2016, SEC.6, effective 3-21-2016. See also following version of this section amended by P.L.87-2016, SEC.3, effective 7-1-2016.

     Sec. 134. "Office" means the following:

(1) Except as provided in subdivisions (2) through (5), the office of the secretary established by IC 12-8-1.5-1.

(2) For purposes of IC 12-10-13, the meaning set forth in IC 12-10-13-4.

(3) For purposes of IC 12-15-13, the meaning set forth in IC 12-15-13-0.4.

(4) For purposes of IC 12-17.2-7.2, the meaning set forth in IC 12-17.2-7.2-3.

(5) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-4.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-6-1-4; subdivision (2) formerly 16-10-4.5-7.]

As added by P.L.2-1992, SEC.1. Amended by P.L.108-1997, SEC.1; P.L.58-1998, SEC.1; P.L.273-1999, SEC.165; P.L.283-2001, SEC.15; P.L.255-2003, SEC.12; P.L.117-2008, SEC.1; P.L.160-2012, SEC.11; P.L.35-2016, SEC.6.

 

IC 12-7-2-134"Office"

     Note: This version of section amended by P.L.87-2016, SEC.3, effective 7-1-2016. See also preceding version of this section amended by P.L.35-2016, SEC.6, effective 3-21-2016.

     Sec. 134. "Office" means the following:

(1) Except as provided in subdivisions (2) through (7), the office of Medicaid policy and planning established by IC 12-8-6.5-1.

(2) For purposes of IC 12-10-13, the meaning set forth in IC 12-10-13-4.

(3) For purposes of IC 12-15-5-14, the meaning set forth in IC 12-15-5-14(b).

(4) For purposes of IC 12-15-5-15, the meaning set forth in IC 12-15-5-15(b).

(5) For purposes of IC 12-15-5-16, the meaning set forth in IC 12-15-5-16(b).

(6) For purposes of IC 12-15-13, the meaning set forth in IC 12-15-13-0.4.

(7) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-4.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-6-1-4; subdivision (2) formerly 16-10-4.5-7.]

As added by P.L.2-1992, SEC.1. Amended by P.L.108-1997, SEC.1; P.L.58-1998, SEC.1; P.L.273-1999, SEC.165; P.L.283-2001, SEC.15; P.L.255-2003, SEC.12; P.L.117-2008, SEC.1; P.L.160-2012, SEC.11; P.L.87-2016, SEC.3.

 

IC 12-7-2-135"Office of the secretary"

     Sec. 135. "Office of the secretary" refers to the office of the secretary of family and social services established by IC 12-8-1.5-1, its offices, or divisions.

[Pre-1992 Revision Citation: 12-6-1-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.160-2012, SEC.12; P.L.35-2016, SEC.7.

 

IC 12-7-2-135.3"Ombudsman"

     Sec. 135.3. "Ombudsman", for purposes of IC 12-10-13, has the meaning set forth in IC 12-10-13-4.5.

As added by P.L.139-1993, SEC.4.

 

IC 12-7-2-135.4"Operator"

     Sec. 135.4. "Operator", for purposes of IC 12-10-15, has the meaning set forth in IC 12-10-15-4.

As added by P.L.73-1998, SEC.4.

 

IC 12-7-2-135.5"Overutilization or under utilization"

     Sec. 135.5. "Overutilization or under utilization", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-10.

As added by P.L.75-1992, SEC.10.

 

IC 12-7-2-135.6"Opioid treatment program"

     Sec. 135.6. "Opioid treatment program" means a program through which opioid agonist medication is dispensed to an individual in the treatment of opiate addiction and for which certification is required under 42 CFR Part 8.

As added by P.L.116-2008, SEC.1.

 

IC 12-7-2-135.8"Paths to QUALITY program"

     Sec. 135.8. (a) "Paths to QUALITY program", for purposes of IC 12-17.2-2-14.2, refers to the program established in IC 12-17.2-2-14.2(b).

     (b) "Paths to QUALITY program", for purposes of IC 12-17.2-3.8, has the meaning set forth in IC 12-17.2-3.8-1.

As added by P.L.205-2013, SEC.178 and P.L.267-2013, SEC.1. Amended by P.L.2-2014, SEC.62; P.L.184-2017, SEC.7.

 

IC 12-7-2-136"Patient"

     Sec. 136. "Patient" means the following:

(1) For purposes of IC 12-24-1-4, an individual who is admitted to a state institution for observation, diagnosis, or treatment.

(2) For purposes of IC 12-24-7, the meaning set forth in IC 12-24-7-1.

(3) For purposes of IC 12-24-6, IC 12-24-13, IC 12-24-14, and IC 12-24-15, an individual with a mental illness, an individual who appears to have a mental illness, or an individual with an intellectual disability who is:

(A) in or under the supervision and control of a state institution; or

(B) because of mental illness, under the supervision and control of a circuit, superior, or juvenile court.

(4) For purposes of IC 12-24-17, the meaning set forth in IC 12-24-17-2.

(5) For purposes of IC 12-27, an individual receiving mental health services or developmental training. The term includes a client of a service provider.

[Pre-1992 Revision Citations: subdivision (1) formerly 16-13-2-1(a); subdivision (2) formerly 4-28-27-1; 16-13-23-2; subdivision (3) formerly 16-14-18.1-1; subdivision (4) formerly 16-14-1-1(5); 1992 Revision Citation: subdivision (5) New.]

As added by P.L.2-1992, SEC.1. Amended by P.L.99-2007, SEC.47; P.L.117-2015, SEC.13.

 

IC 12-7-2-136.5"Patient Protection and Affordable Care Act"

     Sec. 136.5. "Patient Protection and Affordable Care Act" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152), as amended from time to time, and regulations or guidance issued under those acts.

As added by P.L.160-2011, SEC.4.

 

IC 12-7-2-137"Person"

     Sec. 137. (a) "Person", except as provided in subsections (b) through (d), means an association, a corporation, a limited liability company, a governmental entity, an individual, or a partnership.

     (b) "Person", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

     (c) "Person", for purposes of IC 12-17.2, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.

     (d) "Person", for purposes of IC 12-15-2-20, means an individual who is:

(1) at least twenty-one (21) years of age; and

(2) applying for or receiving Medicaid assistance.

[Pre-1992 Revision Citations: 4-28-1-5; 4-28-21-1 part; 12-5-6-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.20; P.L.81-1992, SEC.21; P.L.1-1993, SEC.89; P.L.8-1993, SEC.181; P.L.257-1997(ss), SEC.5; P.L.145-2006, SEC.56; P.L.197-2013, SEC.5.

 

IC 12-7-2-137.3"Personal services attendant"

     Sec. 137.3. "Personal services attendant", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-8.

As added by P.L.255-2001, SEC.7. Amended by P.L.141-2006, SEC.22.

 

IC 12-7-2-137.7"Pharmacist"

     Sec. 137.7. "Pharmacist", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-11.

As added by P.L.75-1992, SEC.11.

 

IC 12-7-2-137.8"Phase out period"

     Sec. 137.8. "Phase out period", for purposes of IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-1.

As added by P.L.213-2015, SEC.126. Amended by P.L.30-2016, SEC.2.

 

IC 12-7-2-138"Physician"

     Sec. 138. "Physician" means the following:

(1) For purposes of IC 12-10-17.1 and IC 12-15-35, an individual who is licensed to practice medicine in Indiana under IC 25-22.5.

(2) For purposes of IC 12-26, either of the following:

(A) An individual who holds a license to practice medicine under IC 25-22.5.

(B) A medical officer of the United States government who is in Indiana performing the officer's official duties.

[Pre-1992 Revision Citation: 16-14-9.1-1(k).]

As added by P.L.2-1992, SEC.1. Amended by P.L.75-1992, SEC.12; P.L.255-2001, SEC.8; P.L.141-2006, SEC.23.

 

IC 12-7-2-139"Physician services"

     Sec. 139. "Physician services" means the following:

(1) For purposes of IC 12-15-11, the meaning set forth in IC 12-15-11-1.

(2) For purposes of IC 12-15-12, services provided by an individual licensed under IC 25-22.5 while engaged in the practice of medicine (as defined in IC 25-22.5-1-1.1(a)).

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-7-15.1(a); subdivision (2) formerly 12-1-7-16.1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-139.1Repealed

As added by P.L.58-1998, SEC.2. Repealed by P.L.273-1999, SEC.181.

 

IC 12-7-2-139.3"Pilot fund"

     Sec. 139.3. "Pilot fund", for purposes of IC 12-17.2-7.2, has the meaning set forth in IC 12-17.2-7.2-4.7.

As added by P.L.184-2017, SEC.8.

 

IC 12-7-2-140Repealed

[Pre-1992 Revision Citation: 12-1-6.1-1(f).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-140.5"Plan"

     Sec. 140.5. "Plan", for purposes of IC 12-15-44.2 and IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.

As added by P.L.218-2007, SEC.7. Amended by P.L.3-2008, SEC.90; P.L.213-2015, SEC.127; P.L.30-2016, SEC.3.

 

IC 12-7-2-141"Planning authority"

     Sec. 141. "Planning authority", for purposes of IC 12-28-4, has the meaning set forth in IC 12-28-4-2.

[Pre-1992 Revision Citation: 4-28-21-1 part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-141.2Repealed

As added by P.L.109-1997, SEC.1. Repealed by P.L.128-2012, SEC.4.

 

IC 12-7-2-142"Political subdivision"

     Sec. 142. "Political subdivision", for purposes of the following statutes, has the meaning set forth in IC 36-1-2-13:

(1) IC 12-8.

(2) IC 12-13-4.

(3) IC 12-32-1.

[Pre-1992 Revision Citation: 12-6-1-6.]

As added by P.L.2-1992, SEC.1. Amended by P.L.171-2011, SEC.11.

 

IC 12-7-2-142.5"Point of sale terminal"

     Sec. 142.5. "Point of sale terminal", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.257-1997(ss), SEC.6.

 

IC 12-7-2-142.7Repealed

As added by P.L.134-2008, SEC.6. Repealed by P.L.138-2014, SEC.3.

 

IC 12-7-2-142.8"Post-stabilization care services"

     Sec. 142.8. "Post-stabilization care services", for purposes of IC 12-15-12, has the meaning set forth in IC 12-15-12-0.7.

As added by P.L.223-2001, SEC.3.

 

IC 12-7-2-143Repealed

[Pre-1992 Revision Citation: 4-28-23-3 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.26-1994, SEC.3; P.L.24-1997, SEC.15. Repealed by P.L.97-2004, SEC.133.

 

IC 12-7-2-143.1"Potential eligible provider or existing eligible provider"

     Sec. 143.1. "Potential eligible provider or existing eligible provider", for purposes of IC 12-17.2-7.2, has the meaning set forth in IC 12-17.2-7.2-5.5.

As added by P.L.184-2017, SEC.9.

 

IC 12-7-2-143.5"Preschool"

     Sec. 143.5. "Preschool", for purposes of IC 12-17.2, means a program that provides an educational experience through an age appropriate written curriculum for children at least thirty (30) months of age who are not eligible to enter kindergarten and that:

(1) conducts sessions for not more than four (4) hours a day;

(2) enrolls children for only one (1) session a day;

(3) does not serve meals on the premises;

(4) maintains a child to staff ratio of not more than fifteen (15) children to one (1) staff member;

(5) supervises children at all times with a person who is at least eighteen (18) years of age; and

(6) does not operate for more than ten (10) consecutive days.

As added by P.L.61-1993, SEC.5; P.L.136-1993, SEC.5. Amended by P.L.1-1994, SEC.51.

 

IC 12-7-2-144"Preschool child care program"

     Sec. 144. "Preschool child care program", for purposes of IC 12-17-13, has the meaning set forth in IC 12-17-13-3.

[Pre-1992 Revision Citation: 4-28-6.2-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-144.3"Preventative care services"

     Sec. 144.3. "Preventative care services", for purposes of IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.3.

As added by P.L.218-2007, SEC.8. Amended by P.L.3-2008, SEC.91; P.L.30-2016, SEC.4.

 

IC 12-7-2-144.7"Primary business"

     Sec. 144.7. "Primary business", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.257-1997(ss), SEC.7.

 

IC 12-7-2-144.9Repealed

As added by P.L.213-1999, SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-145"Private psychiatric institution"

     Sec. 145. "Private psychiatric institution", for purposes of IC 12-15-18, has the meaning set forth in IC 12-15-18-3.

[Pre-1992 Revision Citation: 12-1-7-17.7(a)(4).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-146"Program"

     Sec. 146. "Program" refers to the following:

(1) For purposes of IC 12-10-7, the adult guardianship services program established by IC 12-10-7-5.

(2) For purposes of IC 12-10-10, the meaning set forth in IC 12-10-10-5.

(3) For purposes of IC 12-10-10.5, the meaning set forth in IC 12-10-10.5-4.

(4) For purposes of IC 12-17.2-2-14.2, the meaning set forth in IC 12-17.2-2-14.2(a).

(5) For purposes of IC 12-17.2-3.8, the meaning set forth in IC 12-17.2-3.8-2.

(6) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-5.

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-17-6; subdivision (2) formerly 4-28-6.1-6.]

As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.16; P.L.273-1999, SEC.166; P.L.283-2001, SEC.16; P.L.255-2003, SEC.13; P.L.110-2010, SEC.18; P.L.205-2013, SEC.179; P.L.267-2013, SEC.2; P.L.2-2014, SEC.63; P.L.145-2014, SEC.4; P.L.149-2016, SEC.43; P.L.184-2017, SEC.10.

 

IC 12-7-2-147"Property"

     Sec. 147. "Property", for purposes of IC 12-12-1, has the meaning set forth in IC 35-31.5-2-253.

[Pre-1992 Revision Citation: 4-28-10-5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.114-2012, SEC.31.

 

IC 12-7-2-147.5"Prospective DUR"

     Sec. 147.5. "Prospective DUR", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-13.

As added by P.L.75-1992, SEC.13.

 

IC 12-7-2-148"Protective services"

     Sec. 148. "Protective services", for purposes of IC 12-10-3, has the meaning set forth in IC 12-10-3-5.

[Pre-1992 Revision Citation: 4-28-5-4.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-149Repealed

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-17-7; subdivision (2) formerly 12-1-7-14.7 part; 12-1-27-2; 12-1-28-2; subdivision (3) formerly 12-1-26-2.]

As added by P.L.2-1992, SEC.1. Amended by P.L.20-1992, SEC.21; P.L.81-1992, SEC.22; P.L.1-1993, SEC.90; P.L.61-1993, SEC.6; P.L.1-1994, SEC.52; P.L.58-1998, SEC.3; P.L.273-1999, SEC.167; P.L.273-1999, SEC.78; P.L.14-2000, SEC.28; P.L.283-2001, SEC.17. Repealed by P.L.241-2003, SEC.21.

 

IC 12-7-2-149.1"Provider"

     Sec. 149.1. "Provider" means the following:

(1) For purposes of IC 12-10-7, the meaning set forth in IC 12-10-7-3.

(2) For purposes of the following statutes, an individual, a partnership, a corporation, or a governmental entity that is enrolled in the Medicaid program under rules adopted under IC 4-22-2 by the office of Medicaid policy and planning:

(A) IC 12-14-1 through IC 12-14-9.5.

(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.

(C) IC 12-17.6.

(3) Except as provided in subdivisions (4) and (6), for purposes of IC 12-17.2, a person who operates a child care center or child care home under IC 12-17.2.

(4) For purposes of IC 12-17.2-3.5, a person that:

(A) provides child care; and

(B) is directly paid for the provision of the child care under the federal Child Care and Development Fund voucher program administered under 45 CFR 98 and 45 CFR 99.

The term does not include an individual who provides services to a person described in clauses (A) and (B), regardless of whether the individual receives compensation.

(5) For purposes of IC 12-21-1 through IC 12-29-2, an organization:

(A) that:

(i) provides mental health services, as defined under 42 U.S.C. 300x-2(c);

(ii) provides addiction services; or

(iii) provides children's mental health services;

(B) that has entered into a provider agreement with the division of mental health and addiction under IC 12-21-2-7 to provide services in the least restrictive, most appropriate setting; and

(C) that is operated by one (1) of the following:

(i) A city, town, county, or other political subdivision of the state.

(ii) An agency of the state or of the United States.

(iii) A political subdivision of another state.

(iv) A hospital owned or operated by a unit of government or a building authority that is organized for the purpose of constructing facilities to be leased to units of government.

(v) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.

(vi) An organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.

(vii) A university or college.

(6) For purposes of IC 12-17.2-2-10, the following:

(A) A person described in subdivision (4).

(B) A child care center licensed under IC 12-17.2-4.

(C) A child care home licensed under IC 12-17.2-5.

As added by P.L.241-2003, SEC.2. Amended by P.L.145-2006, SEC.57; P.L.143-2011, SEC.8; P.L.225-2013, SEC.3.

 

IC 12-7-2-150"Psychiatric disorder"

     Sec. 150. "Psychiatric disorder", for purposes of section 130(2) of this chapter, means a mental disorder or disease. The term does not include the following:

(1) An intellectual disability.

(2) A developmental disability.

(3) Alcoholism.

(4) Addiction to narcotic or dangerous drugs.

[Pre-1992 Revision Citation: 16-14-1-1(1).]

As added by P.L.2-1992, SEC.1. Amended by P.L.6-1995, SEC.5; P.L.108-1996, SEC.2; P.L.117-2015, SEC.14.

 

IC 12-7-2-151"Psychiatric hospital"

     Sec. 151. "Psychiatric hospital", for purposes of section 82 of this chapter, means any of the following:

(1) A state institution.

(2) A general hospital:

(A) licensed by the state department of health; and

(B) that maintains and operates facilities for the observation, care, treatment, and detention of individuals who have a mental illness.

(3) A private psychiatric hospital licensed by the division of mental health and addiction.

[Pre-1992 Revision Citation: 16-14-9.1-1(g).]

As added by P.L.2-1992, SEC.1. Amended by P.L.215-2001, SEC.28; P.L.99-2007, SEC.48.

 

IC 12-7-2-152Repealed

[Pre-1992 Revision Citation: 12-3-2-12.5(c).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.1-1993, SEC.91.

 

IC 12-7-2-153"Public welfare"

     Sec. 153. (a) "Public welfare", for purposes of the statutes listed in subsection (b), means any form of public welfare or social security provided for in the statutes listed in subsection (b). The term does not include direct township assistance as administered by township trustees under IC 12-20.

     (b) This section applies to the following statutes:

(1) IC 12-13.

(2) IC 12-14.

(3) IC 12-15.

(4) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-1(f).]

As added by P.L.2-1992, SEC.1. Amended by P.L.73-2005, SEC.6; P.L.145-2006, SEC.58.

 

IC 12-7-2-154Repealed

[Pre-1992 Revision Citation: 4-28-1-6.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.20-1992, SEC.47.

 

IC 12-7-2-154.4"Qualified ABLE program"

     Sec. 154.4. "Qualified ABLE program", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-7.

As added by P.L.12-2016, SEC.6.

 

IC 12-7-2-154.6"Qualified disability expense"

     Sec. 154.6. "Qualified disability expense", for purposes of IC 12-11-14, has the meaning set forth in IC 12-11-14-8.

As added by P.L.12-2016, SEC.7.

 

IC 12-7-2-154.8"Qualified entity"

     Sec. 154.8. "Qualified entity", for purposes of IC 12-15-2.3, has the meaning set forth in IC 12-15-2.3-2.

As added by P.L.58-1998, SEC.4. Amended by P.L.152-2001, SEC.1; P.L.1-2010, SEC.56.

 

IC 12-7-2-155"Qualified long term care policy"

     Sec. 155. "Qualified long term care policy", for purposes of IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-5.

[Pre-1992 Revision Citations: 4-28-23-4 part; 4-28-23-8(b) part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.24-1997, SEC.17.

 

IC 12-7-2-155.3"Qualified Medicare beneficiary"

     Sec. 155.3. "Qualified Medicare beneficiary", for purposes of IC 12-15-2-26, has the meaning set forth in IC 12-15-2-26(b).

As added by P.L.278-2013, SEC.1.

 

IC 12-7-2-155.5"Qualifying individual"

     Sec. 155.5. "Qualifying individual", for purposes of IC 12-15-2-26, has the meaning set forth in IC 12-15-2-26(c).

As added by P.L.278-2013, SEC.2.

 

IC 12-7-2-156"Reason to believe"

     Sec. 156. "Reason to believe", for purposes of IC 12-10-3, has the meaning set forth in IC 12-10-3-6.

[Pre-1992 Revision Citation: 4-28-5-4.5 part.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-157"Reasonable means of communication"

     Sec. 157. "Reasonable means of communication", for purposes of IC 12-27-3, has the meaning set forth in IC 12-27-3-1.

[Pre-1992 Revision Citation: 16-14-1.6-3(a)(1).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-158"Recipient"

     Sec. 158. "Recipient" means the following:

(1) For purposes of the following statutes, a person who has received or is receiving assistance for the person or another person under any of the following statutes:

(A) IC 12-10-6.

(B) IC 12-13.

(C) IC 12-14.

(D) IC 12-15.

(E) IC 12-19.

(2) For purposes of IC 12-20-10 and IC 12-20-11:

(A) a single individual receiving township assistance; or

(B) if township assistance is received by a household with at least two (2) individuals, the member of the household most suited to perform available work.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-1-1-1(i); subdivision (2) formerly 12-2-1-10(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.19; P.L.73-2005, SEC.7; P.L.145-2006, SEC.59.

 

IC 12-7-2-158.2"Recovery residence"

     Sec. 158.2. "Recovery residence" means an abstinence based living environment for individuals that promotes recovery from:

(1) alcohol; and

(2) other drug;

abuse and related issues. An abstinence based living environment, for purposes of opioid addiction, may include individuals who are in a treatment that includes medication assisted treatment with a goal of opioid abstinence or the minimum clinically necessary medication dose.

As added by P.L.172-2017, SEC.1; P.L.243-2017, SEC.1.

 

IC 12-7-2-158.5"Reentry court program"

     Sec. 158.5. "Reentry court program", for purposes of IC 12-14-29, has the meaning set forth in IC 12-14-29-1.

As added by P.L.92-2005, SEC.1.

 

IC 12-7-2-159"Region"

     Sec. 159. "Region", for purposes of IC 12-10-7, has the meaning set forth in IC 12-10-7-4.

[Pre-1992 Revision Citation: 4-28-17-8.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-160"Rehabilitation"

     Sec. 160. (a) "Rehabilitation", for purposes of the statutes listed in subsection (b), means a process of providing services to meet the current and future needs of persons with disabilities so that the individuals may prepare for and engage in gainful employment to the extent of their capabilities, as provided in 29 U.S.C. 720.

     (b) This section applies to the following statutes:

(1) IC 12-8-1.5-10.

(2) IC 12-12-1.

(3) IC 12-12-3.

(4) IC 12-12-6.

[Pre-1992 Revision Citation: 4-28-10-6.]

As added by P.L.2-1992, SEC.1. Amended by P.L.138-1993, SEC.2; P.L.23-1993, SEC.40; P.L.49-1997, SEC.42; P.L.272-1999, SEC.20; P.L.160-2012, SEC.13.

 

IC 12-7-2-161"Rehabilitation center"

     Sec. 161. "Rehabilitation center", for purposes of IC 12-12-3, refers to the rehabilitation center established under IC 12-12-3-1.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Amended by P.L.49-1997, SEC.43.

 

IC 12-7-2-162"Rehabilitation engineering"

     Sec. 162. "Rehabilitation engineering", for purposes of IC 12-12-6, has the meaning set forth in IC 12-12-6-1.

[Pre-1992 Revision Citation: 4-28-10-25(a).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-162.5"Related"

     Sec. 162.5. "Related", for purposes of IC 12-17.2, means any of the following relationships to an individual who is less than eighteen (18) years of age by marriage, blood, or adoption:

(1) Parent.

(2) Grandparent.

(3) Brother.

(4) Sister.

(5) Stepparent.

(6) Stepgrandparent.

(7) Stepbrother.

(8) Stepsister.

(9) First cousin.

(10) Uncle.

(11) Aunt.

As added by P.L.20-1992, SEC.22 and P.L.81-1992, SEC.23. Amended by P.L.1-1993, SEC.92; P.L.145-2006, SEC.60.

 

IC 12-7-2-163Repealed

[Pre-1992 Revision Citation: 16-10-4.5-8.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.139-1993, SEC.24.

 

IC 12-7-2-163.5"Request for proposals"

     Sec. 163.5. "Request for proposals", for purposes of IC 12-8-12, has the meaning set forth in IC 12-8-12-3.

As added by P.L.46-1995, SEC.4. Amended by P.L.2-1997, SEC.32.

 

IC 12-7-2-164"Resident"

     Sec. 164. "Resident" has the following meaning:

(1) For purposes of IC 12-10-15, the meaning set forth in IC 12-10-15-5.

(2) For purposes of IC 12-16, except IC 12-16-1, an individual who has actually resided in Indiana for at least ninety (90) days.

(3) For purposes of IC 12-20-8, the meaning set forth in IC 12-20-8-1.

(4) For purposes of IC 12-24-5, the meaning set forth in IC 12-24-5-1.

[Pre-1992 Revision Citations: subdivision (1) formerly 12-5-6-1; subdivision (2) formerly 12-2-1-5(b); subdivision (3) formerly 16-14-10-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.73-1998, SEC.5; P.L.283-2001, SEC.18; P.L.120-2002, SEC.12; P.L.255-2003, SEC.15.

 

IC 12-7-2-165"Residential facility"

     Sec. 165. "Residential facility", for purposes of IC 12-28-4 and IC 12-28-5, refers to a residential facility for individuals with a developmental disability.

[Pre-1992 Revision Citation: 4-28-21-1 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.99-2007, SEC.49; P.L.143-2011, SEC.9.

 

IC 12-7-2-166"Residential facility for individuals with a developmental disability"

     Sec. 166. "Residential facility for individuals with a developmental disability", for purposes of IC 12-28-4 and IC 12-28-5, means a facility that provides residential services for individuals with a developmental disability in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2).

[Pre-1992 Revision Citation: 4-28-21-1 part.]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1992, SEC.2; P.L.272-1999, SEC.21; P.L.99-2007, SEC.50.

 

IC 12-7-2-167Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Amended by P.L.23-1992, SEC.3; P.L.62-1993, SEC.3; P.L.6-1995, SEC.6; P.L.99-2007, SEC.51. Repealed by P.L.143-2011, SEC.31.

 

IC 12-7-2-168Repealed

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-13-1; subdivision (2) formerly 4-28-26-1; subdivision (3) formerly 16-13-20-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.22; P.L.143-2011, SEC.10; P.L.153-2011, SEC.3. Repealed by P.L.85-2017, SEC.50.

 

IC 12-7-2-169"Responsible party"

     Sec. 169. (a) "Responsible party", for purposes of IC 12-24-6, IC 12-24-13, IC 12-24-14, and IC 12-24-15 means any of the following:

(1) The patient.

(2) The parents of the patient if the patient is not more than eighteen (18) years of age.

(3) The spouse of the patient.

(4) The estate of the patient.

(5) A legal guardian of the patient in the guardian's representative capacity.

(6) A trustee of the patient if the trust authorizes payment for the care, treatment, maintenance, or support of the patient.

     (b) The term does not include the children of the patient.

[Pre-1992 Revision Citation: 16-14-18.1-1.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-169.3"Retailer"

     Sec. 169.3. "Retailer", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

As added by P.L.257-1997(ss), SEC.8.

 

IC 12-7-2-169.5"Retrospective DUR"

     Sec. 169.5. "Retrospective DUR", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-14.

As added by P.L.75-1992, SEC.14.

 

IC 12-7-2-169.9"School"

     Sec. 169.9. "School", for purposes of IC 12-14-2-23, has the meaning set forth in IC 12-14-2-23(b).

As added by P.L.46-1995, SEC.5.

 

IC 12-7-2-170"School age child care program"

     Sec. 170. "School age child care program", for purposes of IC 12-17-12, has the meaning set forth in IC 12-17-12-5.

[Pre-1992 Revision Citation: 12-3-29-6.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-171"School corporation"

     Sec. 171. "School corporation", for purposes of IC 12-17-12, has the meaning set forth in IC 12-17-12-6.

[Pre-1992 Revision Citation: 12-3-29-7.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-172"Secretary"

     Sec. 172. (a) Except as provided in subsection (b), "secretary" refers to the secretary of family and social services appointed under IC 12-8-1.5-2.

     (b) "Secretary", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.

[Pre-1992 Revision Citation: 12-6-1-7.]

As added by P.L.2-1992, SEC.1. Amended by P.L.2-1997, SEC.33; P.L.160-2012, SEC.14.

 

IC 12-7-2-172.5Repealed

As added by P.L.20-1992, SEC.23 and P.L.81-1992, SEC.24. Repealed by P.L.1-1993, SEC.93.

 

IC 12-7-2-173Repealed

[Pre-1992 Revision Citation: 12-3-2-4.1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.81-1992, SEC.40.

 

IC 12-7-2-174Repealed

[Pre-1992 Revision Citation: 12-3-2-5.7.]

As added by P.L.2-1992, SEC.1. Amended by P.L.73-1992, SEC.2; P.L.81-1992, SEC.25; P.L.1-1993, SEC.94; P.L.1-1997, SEC.52. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-174.5"Self-directed in-home health care"

     Sec. 174.5. "Self-directed in-home health care", for purposes of IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-9.

As added by P.L.255-2001, SEC.9. Amended by P.L.141-2006, SEC.24.

 

IC 12-7-2-174.8Repealed

As added by P.L.140-2005, SEC.2. Repealed by P.L.210-2015, SEC.8.

 

IC 12-7-2-175"Service provider"

     Sec. 175. "Service provider", for purposes of IC 12-27, means any of the following:

(1) A state institution.

(2) A private psychiatric hospital licensed under IC 12-25.

(3) A community mental health center.

(4) A community intellectual disability and other developmental disabilities center.

(5) A service provider certified by the division of mental health and addiction to provide substance abuse treatment programs.

(6) A service provider or program receiving money from or through a division.

(7) Any other service provider, hospital, clinic, program, agency, or private practitioner if the individual receiving mental health services or developmental training was admitted without the individual's consent.

(8) A managed care provider (as defined in IC 12-7-2-127).

[Pre-1992 Revision Citation: 16-14-1.6-1(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.40-1994, SEC.16; P.L.215-2001, SEC.29; P.L.117-2015, SEC.15.

 

IC 12-7-2-176"Services"

     Sec. 176. "Services" means the following:

(1) For purposes of IC 12-10-1 and IC 12-10-2, those services designed to provide assistance to the aged and the aging, including the following:

(A) Nutritional programs.

(B) Facilities improvement.

(C) Transportation services.

(D) Senior volunteer programs.

(E) Supplementary health services.

(F) Programs for leisure time activities.

(G) Housing and employment counseling.

(H) Informational, referral, and counseling programs to aid the aging and aged in availing themselves of existing services intended to aid the aged in attaining and maintaining self-sufficiency, personal well-being, and maximum participation in community life.

(I) Other services required under regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).

(2) For purposes of IC 12-28-1, the meaning set forth in IC 12-28-1-4.

[Pre-1992 Revision Citations: subdivision (1) formerly 4-28-3-2; 4-28-4-3; subdivision (2) formerly 16-13-19-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-177"Shelter"

     Sec. 177. (a) "Shelter", for purposes of IC 12-20, means a house, a mobile home, an apartment, a group of rooms, or a single room that is occupied or is intended for occupancy as separate living quarters where the occupant or intended occupant:

(1) does not live and eat with any other individual in the building; and

(2) has direct access to the occupant's living quarters from the outside of the building or through a common hall.

     (b) Notwithstanding subsection (a), "shelter", for purposes of IC 12-20-17-2, has the meaning set forth in IC 12-20-17-2.

[Pre-1992 Revision Citation: 12-2-1-8.5.]

As added by P.L.2-1992, SEC.1. Amended by P.L.51-1996, SEC.9.

 

IC 12-7-2-178Repealed

[Pre-1992 Revision Citation: 12-3-2-4.1.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.81-1992, SEC.40.

 

IC 12-7-2-178.1Repealed

As added by P.L.61-1993, SEC.7. Repealed by P.L.1-2009, SEC.174.

 

IC 12-7-2-178.5"Single source drug"

     Sec. 178.5. "Single source drug" means an outpatient drug that is produced or distributed under an original new drug application approved by the federal Food and Drug Administration, including a drug product marketed by any cross-licensed producers or distributors operating under the new drug application.

As added by P.L.76-1994, SEC.1. Amended by P.L.6-2002, SEC.2 and P.L.107-2002, SEC.7.

 

IC 12-7-2-178.8Repealed

As added by P.L.110-1997, SEC.1. Repealed by P.L.141-2012, SEC.3.

 

IC 12-7-2-178.9"SNAP"

     Sec. 178.9. "SNAP" refers to the federal Supplemental Nutrition Assistance Program under 7 U.S.C. 2011 et seq.

As added by P.L.210-2015, SEC.9.

 

IC 12-7-2-179"Social Services Block Grant"

     Sec. 179. "Social Services Block Grant" refers to the block grant under 42 U.S.C. 1397 et seq.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-180"Solicitation"

     Sec. 180. "Solicitation", for purposes of IC 12-15-25-1, has the meaning set forth in IC 12-15-25-1.

[Pre-1992 Revision Citation: 12-1-7-16.2(a).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-180.1"Special needs"

     Sec. 180.1. "Special needs", for purposes of IC 12-10.5, has the meaning set forth in IC 12-10.5-1-2.

As added by P.L.274-2003, SEC.4.

 

IC 12-7-2-180.2Repealed

As added by P.L.211-1999, SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-180.3"Special skilled services"

     Sec. 180.3. "Special skilled services", for the purposes of IC 12-15-36, has the meaning set forth in IC 12-15-36-3.

As added by P.L.76-1992, SEC.2.

 

IC 12-7-2-180.4"Specified low-income Medicare beneficiary"

     Sec. 180.4. "Specified low-income Medicare beneficiary", for purposes of IC 12-15-2-26, has the meaning set forth in IC 12-15-2-26(d).

As added by P.L.278-2013, SEC.3.

 

IC 12-7-2-180.5"Standards"

     Sec. 180.5. "Standards", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-15.

As added by P.L.75-1992, SEC.15.

 

IC 12-7-2-181Repealed

[Pre-1992 Revision Citation: 16-13-9-2.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.1-1993, SEC.95.

 

IC 12-7-2-182Repealed

[Pre-1992 Revision Citation: 4-28-26-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.23. Repealed by P.L.188-2013, SEC.4.

 

IC 12-7-2-183Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.49-1997, SEC.86.

 

IC 12-7-2-183.5State domestic violence fatality review coordinator

     Sec. 183.5. For purposes of IC 12-18-9, "state domestic violence fatality review coordinator" has the meaning set forth in IC 12-18-9-2.

As added by P.L.258-2017, SEC.3.

 

IC 12-7-2-184"State institution"

     Sec. 184. (a) "State institution" means an institution:

(1) owned or operated by the state;

(2) for the observation, care, treatment, or detention of an individual; and

(3) under the administrative control of a division.

     (b) The term includes the following:

(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) The Neurodiagnostic Institute and Advanced Treatment Center.

[Pre-1992 Revision Citations: 12-1-7-17.7(a)(3); 16-13-1-2.7; 16-13-2-1(a); 16-13-20-1; 16-14-1-1(4); 16-14-1.3-3; 16-14-5.5-1; 16-14-18.1-1.]

As added by P.L.2-1992, SEC.1. Amended by P.L.272-1999, SEC.24; P.L.141-2006, SEC.25; P.L.188-2013, SEC.5; P.L.19-2017, SEC.1.

 

IC 12-7-2-184.3Repealed

As added by P.L.110-2010, SEC.19. Repealed by P.L.149-2016, SEC.44.

 

IC 12-7-2-184.5"State of Indiana general educational development (GED) diploma"

     Sec. 184.5. "State of Indiana general educational development (GED) diploma", for purposes of IC 12-14-5, has the meaning set forth in IC 12-14-5-2.

As added by P.L.1-2007, SEC.109.

 

IC 12-7-2-185"State ombudsman"

     Sec. 185. "State ombudsman", for purposes of IC 12-10-13, has the meaning set forth in IC 12-10-13-6.

[Pre-1992 Revision Citation: 16-10-4.5-9.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-185.5"State or local public benefit"

     Sec. 185.5. "State or local public benefit", for purposes of IC 12-32-1, has the meaning set forth in IC 12-32-1-3.

As added by P.L.171-2011, SEC.12.

 

IC 12-7-2-186"State plan"

     Sec. 186. "State plan", for purposes of:

(1) IC 12-8-6.5, refers to the state Medicaid plan for the Medicaid program; and

(2) IC 12-12-8, has the meaning set forth in IC 12-12-8-3.8.

[Pre-1992 Revision Citations: 12-6-6-6(b); 12-6-6-7(b); 12-6-6-8(b).]

As added by P.L.2-1992, SEC.1. Amended by P.L.160-2012, SEC.15; P.L.210-2015, SEC.10.

 

IC 12-7-2-186.2Repealed

As added by P.L.6-2012, SEC.85. Repealed by P.L.85-2017, SEC.51.

 

IC 12-7-2-186.5Repealed

As added by P.L.70-2004, SEC.6. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-187Repealed

[Pre-1992 Revision Citation: 12-2-14-5.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.90-2002, SEC.528.

 

IC 12-7-2-188"Superintendent"

     Sec. 188. "Superintendent" has the following meaning:

(1) For purposes of IC 12-24, the term refers to the administrative head of a state institution appointed under IC 12-24-2-2.

(2) For purposes of IC 12-24-6, IC 12-24-15, and IC 12-24-17, the term includes:

(A) an employee; or

(B) an individual who holds a license to practice medicine under IC 25-22.5;

designated as a deputy or an agent of the individual described in subdivision (1).

(3) For purposes of IC 12-26, the term means the chief administrative officer of a facility and includes the chief administrative officer's designee.

[1992 Revision Citation: subdivision (1) New; Pre-1992 Revision Citations: subdivision (2) formerly 16-14-1-1(6); 16-14-18.1-1; subdivision (3) formerly 16-14-9.1-1(j); 16-14-9.1-3(b); 16-14-9.1-9(b).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-188.3"Supervised group living facility"

     Sec. 188.3. "Supervised group living facility", for purposes of IC 12-28-4 and IC 12-28-5, refers to a supervised group living facility for individuals with a developmental disability.

As added by P.L.6-1995, SEC.7. Amended by P.L.111-1997, SEC.1; P.L.99-2007, SEC.52.

 

IC 12-7-2-188.5"Supervised group living facility for individuals with a developmental disability"

     Sec. 188.5. "Supervised group living facility for individuals with a developmental disability", for purposes of IC 12-28-4 and IC 12-28-5, refers to a supervised group living facility for individuals with a developmental disability in a program described in IC 12-11-1.1-1(e)(1).

As added by P.L.6-1995, SEC.8. Amended by P.L.272-1999, SEC.25; P.L.99-2007, SEC.53.

 

IC 12-7-2-188.7Repealed

As added by P.L.6-1995, SEC.9. Amended by P.L.111-1997, SEC.2; P.L.99-2007, SEC.54. Repealed by P.L.143-2011, SEC.31.

 

IC 12-7-2-189"Support"

     Sec. 189. "Support", for purposes of IC 12-20-25-41 has the meaning set forth in IC 12-20-25-41.

[Pre-1992 Revision Citation: 12-2-14-36(a).]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-189.3"Supportive services"

     Sec. 189.3. "Supportive services", for purposes of IC 12-10-15, has the meaning set forth in IC 12-10-15-6.

As added by P.L.73-1998, SEC.6.

 

IC 12-7-2-189.5"SURS"

     Sec. 189.5. "SURS", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-16.

As added by P.L.75-1992, SEC.16.

 

IC 12-7-2-189.7"TANF"

     Sec. 189.7. "TANF", for purposes of IC 12-20, refers to the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.

As added by P.L.180-2005, SEC.2. Amended by P.L.110-2010, SEC.20; P.L.149-2016, SEC.45.

 

IC 12-7-2-189.8"TANF program"

     Sec. 189.8. "TANF program" refers to the federal Temporary Assistance for Needy Families program under 42 U.S.C. 601 et seq.

As added by P.L.92-2005, SEC.2.

 

IC 12-7-2-190Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1. Repealed by P.L.85-2017, SEC.52.

 

IC 12-7-2-190.1"Task force"

     Sec. 190.1. (a) "Task force", for purposes of IC 12-11-15, has the meaning set forth in IC 12-11-15-1.

     (b) This section expires December 31, 2018.

As added by P.L.81-2017, SEC.1.

 

IC 12-7-2-190.3"Telehealth services"

     Sec. 190.3. "Telehealth services", for purposes of IC 12-15-5-11, has the meaning set forth in IC 12-15-5-11(a).

As added by P.L.204-2013, SEC.1.

 

IC 12-7-2-190.4"Telemedicine services"

     Sec. 190.4. "Telemedicine services", for purposes of IC 12-15-5-11, has the meaning set forth in IC 12-15-5-11(b).

As added by P.L.204-2013, SEC.2.

 

IC 12-7-2-190.5"Therapeutic appropriateness"

     Sec. 190.5. "Therapeutic appropriateness", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-17.

As added by P.L.75-1992, SEC.17.

 

IC 12-7-2-190.6"Therapeutic classification"; "therapeutic category"

     Sec. 190.6. "Therapeutic classification" or "therapeutic category", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-17.5.

As added by P.L.107-2002, SEC.8.

 

IC 12-7-2-190.7"Therapeutic duplication"

     Sec. 190.7. "Therapeutic duplication", for purposes of IC 12-15-35, has the meaning set forth in IC 12-15-35-18.

As added by P.L.75-1992, SEC.18.

 

IC 12-7-2-190.8Repealed

As added by P.L.211-1999, SEC.2. Amended by P.L.215-2001, SEC.30. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-190.9"Title IV-A"

     Sec. 190.9. "Title IV-A" refers to Title IV-A of the federal Social Security Act.

As added by P.L.257-1997(ss), SEC.9.

 

IC 12-7-2-191"Title IV-A Agency"

     Sec. 191. "Title IV-A Agency", for purposes of IC 12-17, refers to the division of family resources.

[Pre-1992 Revision Citation: 12-1-6.1-1(a).]

As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.61.

 

IC 12-7-2-192Repealed

[Pre-1992 Revision Citation: 12-1-6.1-1(b).]

As added by P.L.2-1992, SEC.1. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-2-192.3"Total number of households containing township assistance recipients"

     Sec. 192.3. "Total number of households containing township assistance recipients", for purposes of IC 12-20-28-3, has the meaning set forth in IC 12-20-28-3(c).

As added by P.L.51-1996, SEC.10. Amended by P.L.73-2005, SEC.8; P.L.180-2005, SEC.3; P.L.1-2006, SEC.184.

 

IC 12-7-2-192.4"Total number of recipients"

     Sec. 192.4. "Total number of recipients", for purposes of IC 12-20-28-3, has the meaning set forth in IC 12-20-28-3(d).

As added by P.L.51-1996, SEC.11. Amended by P.L.180-2005, SEC.4.

 

IC 12-7-2-192.5"Total number of requests for assistance"

     Sec. 192.5. "Total number of requests for assistance", for purposes of IC 12-20-28-3, has the meaning set forth in IC 12-20-28-3(e).

As added by P.L.51-1996, SEC.12. Amended by P.L.180-2005, SEC.5.

 

IC 12-7-2-192.7Repealed

As added by P.L.133-2005, SEC.1. Repealed by P.L.143-2008, SEC.15.

 

IC 12-7-2-193"Treatment by the department"

     Sec. 193. "Treatment by the department", for purposes of IC 12-23, means treatment in a treatment program within Indiana that is certified under IC 12-23-1-6.

[Pre-1992 Revision Citation: 16-13-6.1-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-194"Treatment team"

     Sec. 194. "Treatment team", for purposes of IC 12-24-7, has the meaning set forth in IC 12-24-7-2.

[Pre-1992 Revision Citations: 4-28-27-2; 16-13-23-3.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-194.5"Trustees"

     Sec. 194.5. "Trustees", for purposes of IC 12-15-18, has the meaning set forth in IC 12-15-18-3.5.

As added by P.L.27-1992, SEC.9.

 

IC 12-7-2-195"Tuberculosis"

     Sec. 195. "Tuberculosis", for purposes of IC 12-30-7-27, has the meaning set forth in IC 12-30-7-27.

[Pre-1992 Revision Citation: 12-4-6-8.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-196"Unit"

     Sec. 196. "Unit", for purposes of IC 12-12-7, has the meaning set forth in IC 12-12-7-1.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-196.5"Unrestricted access"

     Sec. 196.5. "Unrestricted access", for purposes of IC 12-15-35.5, has the meaning set forth in IC 12-15-35.5-2.5.

As added by P.L.107-2002, SEC.9.

 

IC 12-7-2-197"Vending machines"

     Sec. 197. "Vending facilities", for purposes of IC 12-12-5, means automatic vending machines and snack bars and the auxiliary equipment necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws.

[Pre-1992 Revision Citation: 4-28-10-7.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-198"Visually impaired"

     Sec. 198. (a) "Visually impaired", for purposes of the statutes listed in subsection (b), refers to an individual who has a visual acuity between 20/60 and 20/200 in the individual's better eye with the best correction or a corresponding loss in visual field.

     (b) This section applies to the following statutes:

(1) IC 12-12-1.

(2) IC 12-12-3.

[Pre-1992 Revision Citation: 4-28-10-8.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-199"Vocational rehabilitation services"

     Sec. 199. "Vocational rehabilitation services", for purposes of IC 12-28-1, has the meaning set forth in IC 12-28-1-5.

[Pre-1992 Revision Citation: 16-13-19-2.]

As added by P.L.2-1992, SEC.1.

 

IC 12-7-2-199.2"Volunteer"

     Sec. 199.2. "Volunteer", for purposes of IC 12-17.2, means an individual who, without compensation, provides services to a child care home, child care center, provider (as defined in section 149.1(4) of this chapter), or child care ministry for at least eight (8) hours per month.

As added by P.L.18-2003, SEC.5. Amended by P.L.225-2013, SEC.4.

 

IC 12-7-2-199.3Repealed

As added by P.L.247-2001, SEC.1. Repealed by P.L.18-2003, SEC.34.

 

IC 12-7-2-199.5"Voucher payment"

     Sec. 199.5. "Voucher payment", for purposes of IC 12-17.2-3.5, has the meaning set forth in IC 12-17.2-3.5-3.

As added by P.L.247-2001, SEC.2.

 

IC 12-7-2-199.8Repealed

As added by P.L.6-2012, SEC.86. Repealed by P.L.85-2017, SEC.53.

 

IC 12-7-2-199.9"Waiver training"

     Sec. 199.9. "Waiver training", for purposes of IC 12-23-21, has the meaning set forth in IC 12-23-21-1.

As added by P.L.168-2017, SEC.2.

 

IC 12-7-2-200"Warrant"

     Sec. 200. (a) "Warrant", for purposes of the statutes listed in subsection (b), means an instrument that is:

(1) the equivalent of a money payment; and

(2) immediately convertible into cash by the payee for the full face amount of the instrument.

     (b) This section applies to the following statutes:

(1) IC 12-10-6.

(2) IC 12-13.

(3) IC 12-14.

(4) IC 12-15.

(5) IC 12-19.

[Pre-1992 Revision Citation: 12-1-1-1(n).]

As added by P.L.2-1992, SEC.1. Amended by P.L.145-2006, SEC.62.

 

IC 12-7-2-200.4"Waste"

     Sec. 200.4. "Waste", for purposes of IC 12-15-35.5, has the meaning set forth in IC 12-15-35.5-2.6.

As added by P.L.11-2010, SEC.1.

 

IC 12-7-2-200.5"Wasted resources"

     Sec. 200.5. "Wasted resources", for purposes of IC 12-20, means:

(1) the amount of money or resources expended by an applicant or an adult member of an applicant's household seeking township assistance during the thirty (30) days before the date of application for township assistance for items or services that are not basic necessities;

(2) income, resources, or tax supported services lost or reduced as a result of a voluntary act during the sixty (60) days before the date of application for township assistance by an adult member of an applicant's household unless the adult member can establish a good reason for the act; or

(3) lump sum amounts of money or resources from tax refunds, lawsuits, inheritances, or pension payments of at least four hundred dollars ($400) that are expended by:

(A) an applicant seeking township assistance; or

(B) an adult member of the applicant's household;

during the one hundred eighty (180) days immediately preceding the date of application for township assistance for items or services that are not basic necessities if, at the time of the expenditure, there were amounts due and owing for items or services constituting basic necessities.

As added by P.L.51-1996, SEC.13. Amended by P.L.262-2003, SEC.1; P.L.73-2005, SEC.9.

 

IC 12-7-2-201Repealed

As added by P.L.74-1992, SEC.3. Repealed by P.L.145-2006, SEC.376.

 

IC 12-7-3Chapter 3. Effect of Previously Adopted Rules
           12-7-3-1Treatment of rules adopted by department of mental health concerning developmental disabilities
           12-7-3-2Treatment of rules adopted by department of mental health concerning case management services for developmentally disabled
           12-7-3-3Treatment of rules adopted by department of mental health concerning residential facilities
           12-7-3-4Treatment of rules adopted by state board of health concerning child care licensing
           12-7-3-5Treatment of rules adopted by state department of public welfare concerning room and board assistance
           12-7-3-6Treatment of rules adopted by state department of public welfare concerning Medicaid
           12-7-3-7Treatment of rules adopted by department of human services concerning social services
           12-7-3-8Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund
           12-7-3-9Treatment of rules adopted by department of mental health concerning epilepsy services
           12-7-3-10Treatment of rules adopted by department of mental health concerning the handicapped infants and toddlers program
           12-7-3-11Treatment of rules adopted by Indiana state board of education concerning the school age child care project fund
           12-7-3-12Treatment of rules adopted by department of mental health concerning handicapped infants and toddlers program
           12-7-3-13Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

 

IC 12-7-3-1Treatment of rules adopted by department of mental health concerning developmental disabilities

     Sec. 1. (a) A rule adopted by the department of mental health concerning developmental disabilities under IC 16-13-1 (before its repeal by P.L.9-1991) is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of mental health rule; or

(2) repeals the department of mental health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of aging and rehabilitative services and not the department of mental health.

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

 

IC 12-7-3-2Treatment of rules adopted by department of mental health concerning case management services for developmentally disabled

     Sec. 2. (a) A rule adopted by the department of mental health concerning case management services for developmentally disabled persons under IC 16-14-31 (before its repeal by P.L.9-1991) is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of mental health rule; or

(2) repeals the department of mental health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of aging and rehabilitative services and not the department of mental health.

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

 

IC 12-7-3-3Treatment of rules adopted by department of mental health concerning residential facilities

     Sec. 3. (a) A rule adopted by the department of mental health concerning residential facilities under IC 16-13-21 or IC 16-13-22, as amended by P.L.9-1991 and before their repeal, is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of mental health rule; or

(2) repeals the department of mental health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of aging and rehabilitative services and not the department of mental health.

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

 

IC 12-7-3-4Treatment of rules adopted by state board of health concerning child care licensing

     Sec. 4. (a) A rule adopted by the state board of health concerning child care licensing under IC 12-3-2, as amended by P.L.9-1991 and before its repeal, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the state board of health rule; or

(2) repeals the state board of health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the state board of health before January 1, 1992:

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

(2) provides authority to the state board of health that has been transferred to the division of family and children under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of family and children and not the state board of health.

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

 

IC 12-7-3-5Treatment of rules adopted by state department of public welfare concerning room and board assistance

     Sec. 5. (a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the state department of public welfare rule; or

(2) repeals the state department of public welfare rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the state department of public welfare before January 1, 1992:

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

(2) provides authority to the state department of public welfare that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the office of Medicaid policy and planning established under IC 12-6-6 (before its repeal) and not the state board of public welfare.

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

 

IC 12-7-3-6Treatment of rules adopted by state department of public welfare concerning Medicaid

     Sec. 6. (a) A rule adopted by the state department of public welfare concerning the state medical assistance plan (Medicaid) under IC 12-1-7 (before its repeal) before January 1, 1992, is valid and effective until the secretary appointed under IC 12-6-2-2 (before its repeal) adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the state department of public welfare rule; or

(2) repeals the state department of public welfare rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the state department of public welfare before January 1, 1992:

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

(2) provides authority to the state department of public welfare that has been transferred to the secretary appointed under IC 12-6-2-2 (before its repeal) under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the office of Medicaid policy and planning established under IC 12-6-6 (before its repeal) and not the state department of public welfare.

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

 

IC 12-7-3-7Treatment of rules adopted by department of human services concerning social services

     Sec. 7. (a) A rule adopted by the department of human services concerning social services under IC 4-28-6, as repealed by P.L.9-1991, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of human services rule; or

(2) repeals the department of aging and rehabilitative services rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of human services before January 1, 1992:

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

(2) provides authority to the department of human services that has been transferred to the division of family and children under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of family and children and not the department of human services.

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

 

IC 12-7-3-8Treatment of rules adopted by interdepartmental board for the coordination of human services concerning the school age child care project fund

     Sec. 8. (a) A rule adopted by the interdepartmental board for the coordination of human services concerning the school age child care project fund under IC 20-5-61, as repealed by P.L.9-1991, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the interdepartmental board for the coordination of human services rule; or

(2) repeals the interdepartmental board for the coordination of human services rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the interdepartmental board for the coordination of human services before January 1, 1992:

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

(2) provides authority to the interdepartmental board for the coordination of human services that has been transferred to the division of family and children under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of family and children and not the interdepartmental board for the coordination of human services.

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

 

IC 12-7-3-9Treatment of rules adopted by department of mental health concerning epilepsy services

     Sec. 9. (a) A rule adopted by the department of mental health concerning epilepsy services is valid and effective until the division of aging and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of mental health rule; or

(2) repeals the department of mental health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health that has been transferred to the division of aging and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of aging and rehabilitative services and not the department of mental health.

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

 

IC 12-7-3-10Treatment of rules adopted by department of mental health concerning the handicapped infants and toddlers program

     Sec. 10. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, 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 department of mental health rule for the infants and toddlers with disabilities program under IC 12-17-14, as added by P.L.20-1992, and before its repeal.

     (b) If a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health 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 division of mental health.

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

 

IC 12-7-3-11Treatment of rules adopted by Indiana state board of education concerning the school age child care project fund

     Sec. 11. (a) Except as provided in subsection (b), a rule adopted by the Indiana state board of education 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 Indiana state board of education rule for the school age child care project program established under IC 12-17-12, as amended by P.L.20-1992, and before its repeal.

     (b) If a rule adopted by the Indiana state board of education before January 1, 1992:

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

(2) provides authority to the Indiana state board of education 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 Indiana state board of education.

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

 

IC 12-7-3-12Treatment of rules adopted by department of mental health concerning handicapped infants and toddlers program

     Sec. 12. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, 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 department of mental health rule for the infants and toddlers with disabilities program under IC 12-17-15, as added by P.L.21-1992, and before its repeal.

     (b) If a rule adopted by the department of mental health before January 1, 1992:

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

(2) provides authority to the department of mental health 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 division of mental health.

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

 

IC 12-7-3-13Treatment 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. 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.Family Support Program

 

IC 12-8-1Chapter 1. Expired

[Pre-1992 Revision Citations:

12-8-1-1                formerly 12-6-2-1

12-8-1-2                formerly 12-6-2-2

12-8-1-3                formerly 12-6-2-4

12-8-1-4                formerly 12-6-2-5

12-8-1-5                subsection (a) formerly 12-6-2-6(a); subsection (b) formerly 12-6-2-6(b) part

12-8-1-6                subsection (a) formerly 12-6-2-3; subsection (b) formerly 12-6-2-6(b)(2)

12-8-1-7                formerly 12-6-2-7

12-8-1-8                formerly 12-6-2-8

12-8-1-9                formerly 12-6-2-9

12-8-1-10              formerly 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 department of health
           12-8-1.5-7Powers
           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
           12-8-1.5-18Report concerning investigations of endangered adults; budget committee consideration of report

 

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 department of health

     Sec. 6. (a) The secretary and the commissioner of the state department of health shall cooperate to coordinate family and social services programs with related programs administered by the state department of health.

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

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

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

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

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

 

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 12-8-1.5-8Cooperation 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.

     (c) The secretary shall act as the agent to the federal government in the following:

(1) Welfare matters of mutual concern.

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

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

 

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 12-8-1.5-9.1Expired

As 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;

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.

     (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 emergency rules under IC 4-22-2-37.1 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.

 

IC 12-8-1.5-12Programs to review dependence on public assistance

     Sec. 12. (a) 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.

     (b) If the secretary offers a program described in subsection (a), the secretary shall annually report the results and other relevant data regarding the program to the legislative council in an electronic format under IC 5-14-6.

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

 

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 12-8-1.5-18Report 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 county prosecuting attorney offices to efficiently and effectively manage the investigations of reports of matters related to the abuse, neglect, or exploitation of endangered adults;

(2) identification of:

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

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

(C) strategies for improving emergency placement capabilities;

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

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

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

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

(B) a county prosecuting attorney office;

who are involved in providing adult protective services;

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

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

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

As added by P.L.34-2016, SEC.2.

 

IC 12-8-2Chapter 2. Expired

[Pre-1992 Revision Citations:

12-8-2-1                formerly 12-6-3-2

12-8-2-2                formerly 12-6-3-3

12-8-2-3                formerly 12-6-3-1

12-8-2-4                formerly 12-6-3-6

12-8-2-5                formerly 12-6-3-7

12-8-2-6                formerly 12-6-3-8

12-8-2-7                formerly 12-6-3-9

12-8-2-8                formerly 12-6-3-10

12-8-2-9                formerly 12-6-3-11

12-8-2-10              formerly 12-6-3-12

12-8-2-11              formerly 12-6-3-13

12-8-2-12              formerly 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.

(C) The division of mental health and addiction advisory council.

(2) A body:

(A) established by statute for a division; and

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

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

 

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:

12-8-3-1                formerly 12-6-1-2

12-8-3-2                formerly 12-6-3-4(a)

12-8-3-3                formerly 12-6-3-4(b)

12-8-3-4                formerly 12-6-3-4(c)

12-8-3-5                formerly 12-6-3-4(d)

12-8-3-6                formerly 12-6-9-1.]

Repealed by P.L.229-2011, SEC.271.

 

IC 12-8-4Chapter 4. Repealed

[Pre-1992 Revision Citations:

12-8-4-1                formerly 12-6-4-1

12-8-4-2                formerly 12-6-4-2

12-8-4-3                formerly 12-6-4-3

12-8-4-4                formerly 12-6-9-1.]

Repealed by P.L.253-1997(ss), SEC.44.

 

IC 12-8-5Chapter 5. Repealed

[Pre-1992 Revision Citations:

12-8-5-1                formerly 12-6-5-1

12-8-5-2                formerly 12-16-5-2

12-8-5-3                formerly 12-6-5-3

12-8-5-4                formerly 12-6-9-1.]

Repealed by P.L.253-1997(ss), SEC.44.

 

IC 12-8-6Chapter 6. Expired

[Pre-1992 Revision Citations:

12-8-6-1                formerly 12-6-6-1

12-8-6-2                formerly 12-6-6-2

12-8-6-3                formerly 12-6-6-3

12-8-6-4                formerly 12-6-6-4

12-8-6-5                formerly 12-6-6-9

12-8-6-6                formerly 12-6-6-10

12-8-6-7                formerly 12-6-6-6(c)

12-8-6-8                formerly 12-6-6-7(c)

12-8-6-9                formerly 12-6-6-8(c)

12-8-6-10              formerly 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
           12-8-6.5-8Written memorandum of understanding; division of disability 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
           12-8-6.5-11Emergency rules; reduction in expenditures to reflect 2003 budget act
           12-8-6.5-12Effect of hospital assessment fees imposed under P.L. 229-2011, SECTION 281

 

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 12-8-6.5-3Repealed

As 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 4-21.5, the secretary is the ultimate authority for the state Medicaid program.

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

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

 

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 12-8-6.5-8Written memorandum of understanding; division of disability and rehabilitative services

     Sec. 8. The office and the division of disability and rehabilitative services shall develop a written memorandum of understanding that provides the following:

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

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

(3) Responsibilities in administering the state plan.

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

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

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

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

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

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

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

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

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

 

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.

(7) That the office shall seek review and comment from the division before the adoption of rules or standards that may affect the service, programs, or providers of medical assistance services for recipients served by the division.

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

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

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

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

 

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 12-8-6.5-11Emergency rules; reduction in expenditures to reflect 2003 budget act

     Sec. 11. The office shall adopt emergency rules under IC 4-22-2-37.1 to achieve the reductions needed to avoid expenditures exceeding the Medicaid appropriation made by P.L.224-2003 in the line item appropriation to the FAMILY AND SOCIAL SERVICES ADMINISTRATION, MEDICAID - CURRENT OBLIGATIONS. To the extent that reductions are made to optional Medicaid services as set forth in 42 U.S.C. 1396 et seq., the reductions may be accomplished on a pro rata basis with each optional service being reduced by a proportionate amount. However, the reductions may not be made in a manner that results in the elimination of any optional Medicaid service.

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

 

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.

     (c) The office of Medicaid policy and planning may:

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

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

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

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

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

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

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

 

IC 12-8-7Chapter 7. Repealed

[Pre-1992 Revision Citations:

12-8-7-1                formerly 12-6-7-1

12-8-7-2                formerly 12-6-7-2

12-8-7-3                formerly 12-6-7-3

12-8-7-4                formerly 12-6-7-4

12-8-7-5                formerly 12-6-9-1.]

Repealed by P.L.253-1997(ss), SEC.44.

 

IC 12-8-8Chapter 8. Expired

[Pre-1992 Revision Citations:

12-8-8-1                formerly 12-6-8-2

12-8-8-2                formerly 12-6-8-3; 16-13-1-7.1(a)(1)

12-8-8-3                formerly 12-6-8-4

12-8-8-4                formerly 12-6-8-5; 16-13-1-24

12-8-8-5                formerly 12-6-8-6

12-8-8-6                formerly 12-6-8-7

12-8-8-7                formerly 12-6-8-8

12-8-8-8                formerly 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.

     (c) Rules adopted by a division before July 1, 2015, are considered, after June 30, 2015, rules of the secretary.

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

 

IC 12-8-8.5-5Administrative adjudication; designation of ultimate authority

     Sec. 5. (a) The secretary is the ultimate authority under IC 4-21.5 for purposes of the operation of the division and the programs of the division.

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

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

 

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:

12-8-9-1                formerly 12-6-9-2

12-8-9-2                formerly 12-6-9-3

12-8-9-3                formerly 12-6-9-4

12-8-9-4                formerly 12-6-9-5

12-8-9-5                formerly 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

 

IC 12-8-10-1Application of chapter to money of state agencies used to obtain services from grantee agencies

     Sec. 1. This chapter applies only to the indicated money of the following state agencies to the extent that the money is used by the agency to obtain services from grantee agencies to carry out the program functions of the agency:

(1) Money appropriated or allocated to a state agency from money received by the state under the federal Social Services Block Grant Act (42 U.S.C. 1397 et seq.).

(2) The division of aging, except this chapter does not apply to money expended under the following:

(A) The following statutes, unless application of this chapter is required by another subdivision of this section:

(i) IC 12-10-6.

(ii) IC 12-10-12.

(B) Epilepsy services.

(3) The division of family resources, for money expended under the following programs:

(A) The child development associate scholarship program.

(B) The dependent care program.

(C) Migrant day care.

(D) The commodities program.

(E) The migrant nutrition program.

(F) Any emergency shelter program.

(G) The energy weatherization program.

(4) The state department of health, for money expended under the following statutes:

(A) IC 16-19-10.

(B) IC 16-38-3.

(5) The group.

(6) All state agencies, for any other money expended for the purchase of services if all the following apply:

(A) The purchases are made under a contract between the state agency and the office of the secretary.

(B) The contract includes a requirement that the office of the secretary perform the duties and exercise the powers described in this chapter.

(C) The contract is approved by the budget agency.

(7) The division of mental health and addiction.

[Pre-1992 Revision Citation: 4-28-12-3(a).]

As added by P.L.2-1992, SEC.2. Amended by P.L.2-1993, SEC.76; P.L.4-1993, SEC.30; P.L.5-1993, SEC.43; P.L.40-1994, SEC.17; P.L.24-1997, SEC.18; P.L.108-1997, SEC.6; P.L.215-2001, SEC.33; P.L.141-2006, SEC.29; P.L.145-2006, SEC.66; P.L.181-2006, SEC.51; P.L.1-2007, SEC.112; P.L.146-2008, SEC.383; P.L.113-2014, SEC.33.

 

IC 12-8-10-2"Grantee agency" defined

     Sec. 2. As used in this chapter, "grantee agency" means a person that receives money directly from a state agency in return for the performance of services.

[Pre-1992 Revision Citation: 4-28-1-4.]

As added by P.L.2-1992, SEC.2.

 

IC 12-8-10-3"Group" defined

     Sec. 3. As used in this chapter, "group" refers to the financial services group established by sections of this chapter.

[Pre-1992 Revision Citation: 4-28-12-1.]

As added by P.L.2-1992, SEC.2.

 

IC 12-8-10-4"Purchase of service format" defined

     Sec. 4. As used in this chapter, "purchase of service format" means a contract format that has the following features:

(1) Each type of service to be provided under the contract is broken down into measurable units.

(2) A rate of reimbursement for each unit of service to be provided under the contract is established.

(3) The units of service actually provided under the contract are reported by the service provider on a regular basis.

(4) The cost of providing a unit of service under the contract is paid after the unit has been provided.

[Pre-1992 Revision Citation: 4-28-1-6.]

As added by P.L.2-1992, SEC.2.

 

IC 12-8-10-5Establishment

     Sec. 5. The financial services group is established within the office of the secretary.

[Pre-1992 Revision Citation: 4-28-12-2.]

As added by P.L.2-1992, SEC.2. Amended by P.L.108-1997, SEC.7.

 

IC 12-8-10-6Selection of grantee agencies to be compensated

     Sec. 6. (a) Subject to approval by the budget agency, the agencies subject to this chapter have the exclusive authority to select the grantee agencies to be compensated from the funding sources listed in section 1 of this chapter.

     (b) Whenever the group becomes aware that a grantee agency exists that is capable of performing a service for an agency subject to this chapter, the group shall inform the agency of the potential grantee agency.

[Pre-1992 Revision Citation: 4-28-12-3(b).]

As added by P.L.2-1992, SEC.2.

 

IC 12-8-10-7Procedure for reimbursing grantee agency; purchase of service format or other contract format use; determination

     Sec. 7. (a) When a state agency selects a grantee agency under section 6 of this chapter, the state agency shall determine whether the purchase of service format can be used as the procedure for reimbursing the grantee agency. The state agency has exclusive authority to make this determination, but the state agency shall seek to use the purchase of service format whenever possible.

     (b) If a state agency determines that the purchase of service format can be used with a particular grantee agency, the state agency shall notify the group of the state agency's decision. The group shall then follow the procedure described in section 8 of this chapter.

     (c) If a state agency determines that the purchase of service format cannot be used with a particular grantee agency, the state agency shall select the contract format that is to be used. If a state agency selects a contract format under this subsection, the state agency shall notify the group of the state agency's decision. The group shall then follow the procedure described in section 8 of this chapter.

     (d) Notwithstanding IC 4-13-2-20 or any other law, a contract format selected under subsection (b) or (c) may include provisions for advance funding as follows:

(1) For not more than one-sixth (1/6) of the contract amount if the annual contract amount is at least fifty thousand dollars ($50,000).

(2) For not more than one-half (1/2) of the contract amount if the annual contract amount is less than fifty thousand dollars ($50,000).

(3) For interim payments, with subsequent reconciliation of the amounts paid under the contract and the cost of the services actually provided.

[Pre-1992 Revision Citation: 4-28-12-4.]

As added by P.L.2-1992, SEC.2. Amended by P.L.20-1992, SEC.25; P.L.21-1992, SEC.7; P.L.1-1993, SEC.96; P.L.1-2005, SEC.127; P.L.210-2015, SEC.13.

 

IC 12-8-10-8Group procedure; requisites

     Sec. 8. (a) When a state agency notifies the group of the selection of a grantee agency and a contract format, the group shall do the following:

(1) Prepare a contract with the grantee agency.

(2) Present the contract to the affected state agency for execution.

     (b) A contract prepared by the group under subsection (a) is subject to approval under IC 4-13-2-14.3.

[Pre-1992 Revision Citation: 4-28-12-5.]

As added by P.L.2-1992, SEC.2.

 

IC 12-8-10-9Records of grantee agencies; audits; requirements

     Sec. 9. (a) Each grantee agency receiving money under a contract covered by this chapter shall maintain sufficient records to show the following:

(1) The actual cost of services provided under the contract.

(2) The nature and amount of services provided under the contract.

     (b) At least every two (2) years the group shall, in the manner prescribed by the state board of accounts, conduct audits of all grantee agencies that, under a contract under this chapter, receive payment from any of the money described in section 1(2) of this chapter. These audits must include an investigation of the records of the grantee agencies to determine whether the services rendered under the contracts have been in compliance with the terms of the contracts.

     (c) This section does not prohibit the state board of accounts from auditing grantee agencies under the board's own authority. The office of the secretary may do either of the following:

(1) Contract with the state board of accounts to conduct audits of grantee agencies.

(2) Require grantee agencies to obtain independent audits of their agencies.

     (d) A contract between a state agency and the office of the secretary under section (1)(6) of this chapter may include a provision requiring the group to perform or arrange for the audits described by this section.

[Pre-1992 Revision Citation: 4-28-12-6.]

As added by P.L.2-1992, SEC.2. Amended by P.L.108-1997, SEC.8; P.L.181-2006, SEC.52; P.L.113-2014, SEC.34.

 

IC 12-8-10-10Audits; distribution of copies

     Sec. 10. Not more than thirty (30) days after the completion of each audit required by this chapter, the group shall submit a copy of the audit to each of the following:

(1) The state board of accounts.

(2) Each state agency that is a party to a contract covered in the audit.

(3) The legislative council, upon request of the legislative council or when required by federal law. A report submitted under this subdivision must be in electronic format under IC 5-14-6.

(4) The appropriate federal agency, when required by federal law.

[Pre-1992 Revision Citation: 4-28-12-7.]

As added by P.L.2-1992, SEC.2. Amended by P.L.28-2004, SEC.87.

 

IC 12-8-11Chapter 11. Repealed

Repealed by P.L.2-1997, SEC.90.

 

IC 12-8-12Chapter 12. Employment Opportunities for TANF Recipients
           12-8-12-1Purpose
           12-8-12-2Applicability of chapter
           12-8-12-3"Request for proposals" defined
           12-8-12-4Public-private partnerships
           12-8-12-5Solicitation of proposals
           12-8-12-6Powers of director
           12-8-12-7Adoption of rules

 

IC 12-8-12-1Purpose

     Sec. 1. The purpose of this chapter is to find available employment opportunities for TANF recipients and applicants that will allow the recipients and applicants to gain successful experience in an environment that includes daily work.

As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.7.

 

IC 12-8-12-2Applicability of chapter

     Sec. 2. This chapter applies to all TANF recipients and applicants, except recipients and applicants exempted under rules adopted by the secretary under IC 4-22-2.

As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.8; P.L.39-2015, SEC.5.

 

IC 12-8-12-3"Request for proposals" defined

     Sec. 3. As used in this chapter, "request for proposals" means all documents, whether attached or incorporated by reference, used for soliciting proposals.

As added by P.L.2-1997, SEC.34.

 

IC 12-8-12-4Public-private partnerships

     Sec. 4. The director may develop programs in partnership with private employers by issuing requests for proposals to stimulate public-private partnerships to provide employment opportunities to TANF recipients.

As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.9.

 

IC 12-8-12-5Solicitation of proposals

     Sec. 5. The director may solicit proposals to employ TANF recipients through a request for proposals, that must include a statement that an employer desiring to participate in the program under section 4 of this chapter shall do the following:

(1) Provide health care assistance to a TANF recipient hired by the employer under the same standards that apply to other employees. Under this subdivision, the state shall pay only for the recipient's share of the premium associated with the health care assistance. However, the payment of this premium may not exceed the cost that would be paid by the state on behalf of the recipient for Medicaid.

(2) Treat a TANF recipient as the employer would treat a typical employee, including offering the same pay scales and promotion opportunities offered to a typical employee.

As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.10.

 

IC 12-8-12-6Powers of director

     Sec. 6. The director may do the following:

(1) Establish criteria for a request for proposals to stimulate public-private partnerships to promote employment opportunities for TANF recipients and applicants under this chapter.

(2) Establish sanctions, including the termination of TANF assistance, for a TANF recipient or applicant who refuses to participate in an employment or a job training opportunity offered to TANF recipients or applicants under this chapter.

(3) Establish a procedure to set priorities for the entry of recipients or applicants into job placement and training.

As added by P.L.2-1997, SEC.34. Amended by P.L.161-2007, SEC.11.

 

IC 12-8-12-7Adoption of rules

     Sec. 7. The secretary may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.2-1997, SEC.34. Amended by P.L.39-2015, SEC.6.

 

IC 12-8-12.5Chapter 12.5. Expired

Expired 12-31-2013 by P.L.110-2010, SEC.21.

 

IC 12-8-13Chapter 13. Repealed

Repealed by P.L.102-1998, SEC.1.

 

IC 12-8-14Chapter 14. Family Support Program
           12-8-14-1Establishment and purpose
           12-8-14-2Requirements of family support policy state plan
           12-8-14-3Administration
           12-8-14-4Annual report
           12-8-14-5Services permitted
           12-8-14-6Family support council
           12-8-14-7Majority of votes required for action

 

IC 12-8-14-1Establishment and purpose

     Sec. 1. The family support program is established to develop a family support policy state plan for the support of families of persons with disabilities and for persons with disabilities, including children with special health care needs or emotional disorders. The objectives of the family support program include the following:

(1) Assist families to care for persons with disabilities in the persons' own homes, including implementation of proposals regarding personal attendant services.

(2) Assist persons with disabilities to make decisions for themselves.

(3) Allow a person with a disability to live separately from the person's family, if the person with a disability so chooses.

As added by P.L.272-1999, SEC.26.

 

IC 12-8-14-2Requirements of family support policy state plan

     Sec. 2. The family support policy state plan must do the following:

(1) Focus on the family and the community of the person with a disability, including the parents of the person with a disability.

(2) Encourage a partnership among families, consumers, and professionals in the development of an individual family support service plan that begins within a reasonable time and that is periodically reviewed.

(3) Promote the participation of families of persons with disabilities in local step ahead councils.

(4) Foster the involvement of families and persons with disabilities in decision making, needs assessment, and providing services.

(5) Provide for the establishment of a systematic process for admission to participation in the family support program and other programs that help individuals and families identify and satisfy their health, education, social service, and other needs and choices.

(6) Encourage program flexibility as unique family needs change and provide flexible program funding for alternative choices.

(7) Examine funding mechanisms, including sliding fee scales and annual budgeting processes for the delivery of services.

(8) Promote a system of funding for family support services that follows the person receiving the services.

(9) Encourage interagency collaboration among different agencies and programs at the community level, with coordination and review by the office of the secretary of family and social services to ensure statewide coverage.

(10) Provide for the establishment of information and referral systems to determine gaps in services in the state and to develop a resource network that includes the public and private sectors.

(11) Encourage outreach to inform families and consumers of services and public and private agencies about the family support program. The outreach includes publishing a brochure listing service options and defining family rights.

(12) Promote training of personnel providing individualized support services and training of families and consumers on consumer empowerment and service availability.

(13) Promote a community centered approach to include the following:

(A) Available services.

(B) Public and private sector resources.

(C) Governmental agencies.

(D) Public and private agencies providing family support services.

(14) Promote integration of a person with a disability into the community.

As added by P.L.272-1999, SEC.26.

 

IC 12-8-14-3Administration

     Sec. 3. (a) The secretary of family and social services shall administer the family support program to produce a state plan, based on limits of appropriations, to promote the statewide availability of services.

     (b) The state plan required by subsection (a) must include the following objectives:

(1) Implementing a fair, swift, and convenient process for determination of family eligibility.

(2) Assuring that all organizations implementing individualized support services will incorporate a family focus in providing family support programs.

(3) Using existing local organizations as the single point of entry for families seeking services.

(4) Using existing public and private local organizations, including the county step ahead councils, parent advisory groups, and natural and informal networks of family and friends, to carry out the daily operations of the family support program.

(5) Providing a method for contracting with agencies, grantees, or vendors to provide individualized support services, especially in regions of Indiana that are inadequately served.

(6) Developing a method for providing technical assistance to agencies and organizations, including consumer groups, that are developing or offering individualized support services to assure the coordination of publicly funded programs and generic services and to assure that other publicly funded programs and agencies are not supplanted.

(7) Using available state, regional, and local media to support outreach to families.

(8) Providing due process hearings on eligibility and other decisions affecting services.

(9) Exploring sources of and opportunities for federal participation in and funding of services for families of persons with disabilities and persons with disabilities.

(10) Giving priority to programs preventing and ameliorating the impact of disabilities on families.

As added by P.L.272-1999, SEC.26.

 

IC 12-8-14-4Annual report

     Sec. 4. The office of the secretary shall submit an annual report on the family support program to the governor and to the general assembly before July 1 of each year. A report submitted under this section to the general assembly must be in an electronic format under IC 5-14-6.

As added by P.L.272-1999, SEC.26. Amended by P.L.28-2004, SEC.88.

 

IC 12-8-14-5Services permitted

     Sec. 5. Services to support families of persons with disabilities and persons with disabilities may include services available within the division of family resources, the division of disability and rehabilitative services, the division of aging, the division of mental health and addiction, the state department of health, the department of education, the department of workforce development, and the department of correction, including case management and service coordination.

As added by P.L.272-1999, SEC.26. Amended by P.L.215-2001, SEC.34; P.L.141-2006, SEC.30; P.L.145-2006, SEC.67; P.L.1-2007, SEC.113.

 

IC 12-8-14-6Family support council

     Sec. 6. (a) The family support council is established. The family support council consists of twelve (12) members. The governor shall appoint the members of the family support council. A member may be removed from the council by the governor and serves at the governor's pleasure.

     (b) At least seven (7) of the members of the family support council must be individuals who are eligible for family support services.

     (c) The family support council must include a representative of the governor's planning council on people with disabilities.

     (d) The family support council shall meet at least quarterly to monitor the family support policy state plan.

     (e) The family support council shall:

(1) communicate information and recommendations concerning family support to the secretary; and

(2) assist in developing state policies and programs that have an impact on individuals with disabilities and their families.

     (f) The secretary shall designate personnel to assist the family support council in performing the functions authorized by this section.

As added by P.L.272-1999, SEC.26.

 

IC 12-8-14-7Majority of votes required for action

     Sec. 7. The affirmative votes of a majority of the voting members appointed to the family support council are required for the family support council to take action on any measure.

As added by P.L.272-1999, SEC.26.

 

IC 12-9ARTICLE 9. DIVISION OF DISABILITY AND REHABILITATIVE SERVICES
           Ch. 1.Establishment of Division
           Ch. 2.Director of Division
           Ch. 3.Personnel of Division
           Ch. 4.Division Advisory Council
           Ch. 5.Duties of Division
           Ch. 6.Repealed

 

IC 12-9-1Chapter 1. Establishment of Division
           12-9-1-1Establishment
           12-9-1-2Application of IC 12-8-8.5
           12-9-1-3Bureaus within division

 

IC 12-9-1-1Establishment

     Sec. 1. The division of disability and rehabilitative services is established.

[Pre-1992 Revision Citation: 4-28-2-1.]

As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.31; P.L.5-1993, SEC.44; P.L.141-2006, SEC.31.

 

IC 12-9-1-2Application of IC 12-8-8.5

     Sec. 2. IC 12-8-8.5 applies to the division.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.20.

 

IC 12-9-1-3Bureaus within division

     Sec. 3. The division consists of the following bureaus:

(1) The rehabilitation services bureau established by IC 12-12-1-1.

(2) The bureau of developmental disabilities services established by IC 12-11-1.1-1.

(3) The bureau of quality improvement services established by IC 12-12.5-1-1.

(4) The bureau of child development services established by IC 12-12.7-1-1.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.32; P.L.5-1993, SEC.45; P.L.272-1999, SEC.27; P.L.243-2003, SEC.8; P.L.93-2006, SEC.8; P.L.141-2006, SEC.32; P.L.1-2007, SEC.114; P.L.210-2015, SEC.14.

 

IC 12-9-2Chapter 2. Director of Division
           12-9-2-1Appointment of director
           12-9-2-2Application of IC 12-8-8.5
           12-9-2-3Authority of the secretary; authority of director; compiling information
           12-9-2-4Hiring personnel
           12-9-2-5Repealed
           12-9-2-6Contractual powers and requirements

 

IC 12-9-2-1Appointment of director

     Sec. 1. The division shall be administered by a director appointed under IC 12-8-8.5-1.

[Pre-1992 Revision Citation: 4-28-2-2.]

As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.21.

 

IC 12-9-2-2Application of IC 12-8-8.5

     Sec. 2. IC 12-8-8.5 applies to the director.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.22.

 

IC 12-9-2-3Authority of the secretary; authority of director; compiling information

     Sec. 3. (a) The secretary or the secretary's designee may do the following:

(1) Employ experts and consultants to assist the division in carrying out the division's functions.

(2) Issue orders under IC 4-21.5-3-6.

(3) Perform any other acts necessary to carry out the functions of the division.

     (b) The director may do the following:

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

(2) Accept in the name of the division, for use in carrying out the functions of the division, money or property received by gift, bequest, or otherwise.

(3) Accept voluntary and uncompensated services.

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

(5) Establish and implement the policies and procedures necessary to carry out the functions of the division.

(6) Perform any other acts necessary to carry out the functions of the division as delegated by the secretary or consistent with the director's duties.

     (c) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient.

[Pre-1992 Revision Citation: 4-28-2-5(a).]

As added by P.L.2-1992, SEC.3. Amended by P.L.42-1995, SEC.21; P.L.142-1995, SEC.2; P.L.229-2011, SEC.116; P.L.153-2011, SEC.4; P.L.35-2016, SEC.11.

 

IC 12-9-2-4Hiring personnel

     Sec. 4. The director may, with the approval of the budget agency, hire the personnel necessary to perform the duties of the division.

[Pre-1992 Revision Citation: 4-28-2-3.]

As added by P.L.2-1992, SEC.3.

 

IC 12-9-2-5Repealed

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Repealed by P.L.188-2013, SEC.6.

 

IC 12-9-2-6Contractual powers and requirements

     Sec. 6. (a) The secretary shall act for the division in entering into contracts for the disbursal of money and the providing of service for approved community intellectual disability and other developmental disability centers where constructed and operated or maintained by private nonprofit organizations, a local public agency, or any other state agency that the secretary determines to be best suited to advance programs for individuals with developmental disabilities.

     (b) Before entering into a contract under this section, the secretary shall submit the contract to the attorney general for approval as to form and legality.

     (c) A contract under this section must do the following:

(1) Specify the services to be provided and the client populations to whom services must be provided.

(2) Specify that the definition of developmental disability set forth in IC 12-7-2-61 must be used to determine the eligibility of an individual for reimbursement of the center by the division for the center's services for individuals with a developmental disability. The division shall reimburse the centers at rates established by rule.

(3) Provide for a reduction in funding for failure to comply with terms of the contract.

[Pre-1992 Revision Citation: 4-28-2-5(a)(9).]

As added by P.L.2-1992, SEC.3. Amended by P.L.24-1997, SEC.19; P.L.99-2007, SEC.58; P.L.39-2015, SEC.7; P.L.117-2015, SEC.16.

 

IC 12-9-3Chapter 3. Personnel of Division
           12-9-3-1Repealed
           12-9-3-2Criminal or civil proceedings against division personnel as result of official acts; defense by state; exceptions

 

IC 12-9-3-1Repealed

[Pre-1992 Revision Citations: 4-28-2-4; 4-28-2-9.]

As added by P.L.2-1992, SEC.3. Repealed by P.L.6-2012, SEC.87.

 

IC 12-9-3-2Criminal or civil proceedings against division personnel as result of official acts; defense by state; exceptions

     Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed within the course of the individual's employment or because of an act performed under the authority or order of a superior officer, the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused and the state is financially responsible for the expense of the defense.

     (b) This section does not do either of the following:

(1) Deprive an individual of the right to select defense counsel of the individual's choice at the individual's expense.

(2) Relieve any person from responsibility in civil damages.

[Pre-1992 Revision Citation: 4-28-2-11.]

As added by P.L.2-1992, SEC.3.

 

IC 12-9-4Chapter 4. Division Advisory Council
           12-9-4-1"Council" defined
           12-9-4-2Establishment of advisory council
           12-9-4-3Membership
           12-9-4-4Term of office
           12-9-4-5Presiding officer
           12-9-4-6Meetings
           12-9-4-7Application of IC 12-8-2.5

 

IC 12-9-4-1"Council" defined

     Sec. 1. As used in this chapter, "council" refers to the division of disability and rehabilitative services advisory council established by this chapter.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.33; P.L.5-1993, SEC.46; P.L.141-2006, SEC.33.

 

IC 12-9-4-2Establishment of advisory council

     Sec. 2. The division of disability and rehabilitative services advisory council is established.

[Pre-1992 Revision Citation: 12-6-3-5(a).]

As added by P.L.2-1992, SEC.3. Amended by P.L.4-1993, SEC.34; P.L.5-1993, SEC.47; P.L.141-2006, SEC.34.

 

IC 12-9-4-3Membership

     Sec. 3. The council consists of the following eleven (11) members:

(1) The director.

(2) Ten (10) individuals:

(A) appointed by the secretary; and

(B) who have a recognized knowledge of or interest in the programs administered by the division.

[Pre-1992 Revision Citation: 12-6-3-5(b).]

As added by P.L.2-1992, SEC.3.

 

IC 12-9-4-4Term of office

     Sec. 4. Each member of the council appointed under section 3(2) of this chapter has a fixed term as provided in IC 12-8-2.5-4.

[Pre-1992 Revision Citation: 12-6-3-5(c).]

As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.23.

 

IC 12-9-4-5Presiding officer

     Sec. 5. The director serves as presiding officer of the council.

[Pre-1992 Revision Citation: 12-6-3-5(d).]

As added by P.L.2-1992, SEC.3.

 

IC 12-9-4-6Meetings

     Sec. 6. The council shall meet at least monthly and is subject to special meetings at the call of its presiding officer.

[Pre-1992 Revision Citation: 12-6-3-5(e).]

As added by P.L.2-1992, SEC.3.

 

IC 12-9-4-7Application of IC 12-8-2.5

     Sec. 7. IC 12-8-2.5 applies to the council.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.3. Amended by P.L.160-2012, SEC.24.

 

IC 12-9-5Chapter 5. Duties of Division
           12-9-5-1Administration of appropriated or allocated funds
           12-9-5-2Repealed
           12-9-5-3General administrative duties
           12-9-5-4Application of IC 20-35-2 to education programs for students with disabilities
           12-9-5-5Approved services under federal waiver

 

IC 12-9-5-1Administration of appropriated or allocated funds

     Sec. 1. The division shall administer money appropriated or allocated to the division by the state, including money appropriated or allocated from the following:

(1) The federal Vocational Rehabilitation Act (29 U.S.C. 701).

(2) The federal Social Services Block Grant in-home services for the elderly and disabled (42 U.S.C. 1397 et seq.).

(3) The federal Randolph Sheppard Act (20 U.S.C. 107 et seq.).

(4) Medicaid waiver in-home services for the elderly and disabled (42 U.S.C. 1396 et seq.) for treatment of developmental disabilities.

(5) Improving Access to Assistive Technology for Individuals with Disabilities Act (29 U.S.C. 3001 et seq.).

(6) The federal Social Security Act Payments for Vocational Rehabilitation Services (42 U.S.C. 422).

(7) Part C of the federal Individuals with Disabilities Education Act, Subchapter III (20 U.S.C. 1431 et seq.).

(8) Money appropriated or allocated to the division to administer a program under this title.

(9) Other funding sources that are designated by the general assembly or that are available from the federal government under grants that are consistent with the duties of the division.

[Pre-1992 Revision Citation: 4-28-2-6.]

As added by P.L.2-1992, SEC.3. Amended by P.L.93-2006, SEC.9; P.L.141-2006, SEC.35; P.L.1-2007, SEC.115; P.L.210-2015, SEC.15.

 

IC 12-9-5-2Repealed

[Pre-1992 Revision Citation: 4-28-10-12(b).]

As added by P.L.2-1992, SEC.3. Repealed by P.L.138-1993, SEC.4.

 

IC 12-9-5-3General administrative duties

     Sec. 3. The division shall administer the following programs:

(1) Programs established under any of the following statutes:

(A) This article.

(B) IC 12-11.

(C) IC 12-12.

(D) IC 12-12.5.

(E) IC 12-12.7.

(2) Programs under the following statutes, to the extent the division has responsibilities for programs under those statutes:

(A) IC 12-24.

(B) IC 12-26.

(C) IC 12-27.

(D) IC 12-28.

(E) IC 12-29.

(3) Supported employment for a person with developmental disabilities.

(4) Epilepsy service centers program.

(5) Epilepsy clinic program.

(6) Medicaid waivers for in-home services for treatment of developmental disabilities.

[Pre-1992 Revision Citation: 4-28-2-7.]

As added by P.L.2-1992, SEC.3. Amended by P.L.243-2003, SEC.9; P.L.93-2006, SEC.10; P.L.141-2006, SEC.36; P.L.1-2007, SEC.116.

 

IC 12-9-5-4Application of IC 20-35-2 to education programs for students with disabilities

     Sec. 4. IC 20-35-2 applies to the operation of each education program for a student with a disability (as defined in IC 20-35-1-8) conducted by a state owned and operated developmental center or furnished under an agreement with the division.

[Pre-1992 Revision Citations: 4-28-2-5(b); 4-28-2-8(d).]

As added by P.L.2-1992, SEC.3. Amended by P.L.23-1993, SEC.42; P.L.1-2005, SEC.128; P.L.233-2015, SEC.22.

 

IC 12-9-5-5Approved services under federal waiver

     Sec. 5. (a) Notwithstanding any other law:

(1) home health agencies licensed under IC 16-27-1 are approved to provide home health services; and

(2) personal services agencies licensed under IC 16-27-4 are approved to provide personal services;

under any federal waiver granted to the state under 42 U.S.C. 1315 or 42 U.S.C. 1396n.

     (b) In determining whether to approve an entity described in subsection (a) to provide services for a program administered by the office of the secretary, the office of the secretary may use the survey performed by the state department of health in licensing the entity.

As added by P.L.212-2005, SEC.2. Amended by P.L.141-2006, SEC.37.

 

IC 12-9-6Chapter 6. Repealed

[Pre-1992 Revision Citations:

12-9-6-1                formerly 4-28-10-11(a)

12-9-6-2                formerly 4-28-10-11(b)

12-9-6-3                formerly 4-28-10-11(c).]

Repealed by P.L.210-2015, SEC.16.

 

IC 12-9.1ARTICLE 9.1. DIVISION OF AGING
           Ch. 1.Establishment of Division
           Ch. 2.Director of Division
           Ch. 3.Personnel of Division
           Ch. 4.Duties of Division

 

IC 12-9.1-1Chapter 1. Establishment of Division
           12-9.1-1-1Establishment
           12-9.1-1-2Application of IC 12-8-8.5
           12-9.1-1-3Bureau within division

 

IC 12-9.1-1-1Establishment

     Sec. 1. The division of aging is established.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-1-2Application of IC 12-8-8.5

     Sec. 2. IC 12-8-8.5 applies to the division.

As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.25.

 

IC 12-9.1-1-3Bureau within division

     Sec. 3. The bureau of aging and in-home services established by IC 12-10-1-1 is part of the division.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-2Chapter 2. Director of Division
           12-9.1-2-1Appointment of director
           12-9.1-2-2Application of IC 12-8-8.5
           12-9.1-2-3Authority of secretary; authority of director; compiling of information
           12-9.1-2-4Hiring personnel

 

IC 12-9.1-2-1Appointment of director

     Sec. 1. The division shall be administered by a director appointed under IC 12-8-8.5-1.

As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.26.

 

IC 12-9.1-2-2Application of IC 12-8-8.5

     Sec. 2. IC 12-8-8.5 applies to the director.

As added by P.L.141-2006, SEC.38. Amended by P.L.160-2012, SEC.27.

 

IC 12-9.1-2-3Authority of secretary; authority of director; compiling of information

     Sec. 3. (a) The secretary or the secretary's designee may do the following:

(1) Employ experts and consultants to assist the division in carrying out the division's functions.

(2) Issue orders under IC 4-21.5-3-6.

(3) Perform any other acts necessary to carry out the functions of the division.

     (b) The director may do the following:

(1) Use, with their consent, the services and facilities of other state agencies without reimbursement.

(2) Accept in the name of the division, for use in carrying out the functions of the division, money or property received by gift, bequest, or otherwise.

(3) Accept voluntary and uncompensated services.

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

(5) Establish and implement the policies and procedures necessary to carry out the functions of the division.

(6) Perform any other acts necessary to carry out the functions of the division as delegated by the secretary or consistent with the director's statutory duties.

     (c) The director shall compile information and statistics from each bureau concerning the ethnicity and gender of a program or service recipient.

As added by P.L.141-2006, SEC.38. Amended by P.L.229-2011, SEC.117; P.L.153-2011, SEC.5; P.L.35-2016, SEC.12.

 

IC 12-9.1-2-4Hiring personnel

     Sec. 4. The director may, with the approval of the budget agency, hire the personnel necessary to perform the duties of the division.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-3Chapter 3. Personnel of Division
           12-9.1-3-1Repealed
           12-9.1-3-2Criminal or civil proceedings against division personnel as result of official acts; defense by state; exceptions

 

IC 12-9.1-3-1Repealed

As added by P.L.141-2006, SEC.38. Repealed by P.L.6-2012, SEC.88.

 

IC 12-9.1-3-2Criminal or civil proceedings against division personnel as result of official acts; defense by state; exceptions

     Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed:

(1) within the course of the individual's employment; or

(2) under the authority or order of a superior officer;

the attorney general shall defend the individual in an action for civil damages. If the action or proceeding is criminal in nature, the governor shall designate counsel to represent and defend the accused, and the state is financially responsible for the expense of the defense.

     (b) This section does not do either of the following:

(1) Deprive an individual of the right to select defense counsel of the individual's choice at the individual's expense.

(2) Relieve any person from responsibility in civil damages.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-4Chapter 4. Duties of Division
           12-9.1-4-1Administration of appropriated or allocated funds
           12-9.1-4-2Administrative duties
           12-9.1-4-3Approved services under federal waiver

 

IC 12-9.1-4-1Administration of appropriated or allocated funds

     Sec. 1. The division shall administer money appropriated or allocated to the division by the state, including money appropriated or allocated from the following:

(1) The federal Older Americans Act (42 U.S.C. 3001 et seq.).

(2) The United States Department of Agriculture (7 U.S.C. 612C et seq.).

(3) Medicaid waiver in-home services for the elderly and disabled (42 U.S.C. 1396 et seq.) for treatment of medical conditions.

(4) Money appropriated or allocated to the division to administer a program under this title.

(5) Other funding sources that are designated by the general assembly or available from the federal government under grants that are consistent with the duties of the division.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-4-2Administrative duties

     Sec. 2. The division shall administer the following programs:

(1) Programs established under any of the following statutes:

(A) This article.

(B) IC 12-10.

(2) Programs under IC 12-30, to the extent the division has responsibilities for programs under IC 12-30.

(3) Medicaid waivers for in-home services for treatment of medical conditions.

As added by P.L.141-2006, SEC.38.

 

IC 12-9.1-4-3Approved services under federal waiver

     Sec. 3. Notwithstanding any other law:

(1) home health agencies licensed under IC 16-27-1 are approved to provide home health services; and

(2) personal services agencies licensed under IC 16-27-4 are approved to provide personal services;

under any federal waiver granted to the state under 42 U.S.C. 1315 or 42 U.S.C. 1396n that provides services for treatment of medical conditions.

As added by P.L.141-2006, SEC.38.

 

IC 12-10ARTICLE 10. AGING SERVICES
           Ch. 1.Bureau of Aging Services
           Ch. 2.Commission on Aging
           Ch. 3.Adult Protective Services
           Ch. 4.Repealed
           Ch. 5.Expired
           Ch. 5.5.Alzheimer's and Dementia Special Care Disclosure
           Ch. 6.Residential Care Assistance
           Ch. 7.Adult Guardianship Services
           Ch. 8.Repealed
           Ch. 9.Repealed
           Ch. 10.Community and Home Options to Institutional Care for the Elderly and Disabled Program
           Ch. 10.5.Expired
           Ch. 11.Community and Home Options to Institutional Care for the Elderly and Disabled Board
           Ch. 11.5.Long Term Care Services
           Ch. 12.Expired
           Ch. 13.Long Term Care Ombudsman Program
           Ch. 14.Representative Payees and Bill Payers
           Ch. 15.Filing Disclosure Documents for Housing With Services Establishments
           Ch. 16.Indiana Prescription Drug Program
           Ch. 17.Repealed
           Ch. 17.1.Individuals in Need of Self-Directed In-Home Care
           Ch. 18.Reports of Missing Endangered Adults
           Ch. 19.Home and Community Based Services

 

IC 12-10-1Chapter 1. Bureau of Aging Services
           12-10-1-1Establishment of bureau
           12-10-1-2Purpose
           12-10-1-3Administration of programs
           12-10-1-4Duties
           12-10-1-5Coordination of services with area agencies
           12-10-1-6Area agencies; duties
           12-10-1-7Issuance of citation for violations; requirements; remedies; considerations in determination of remedy

 

IC 12-10-1-1Establishment of bureau

     Sec. 1. The bureau of aging and in-home services is established within the division.

[Pre-1992 Revision Citation: 4-28-3-3(a).]

As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.35; P.L.5-1993, SEC.48.

 

IC 12-10-1-2Purpose

     Sec. 2. The purpose of the bureau is to assist the constantly increasing number of aged in:

(1) maintaining self-sufficiency and personal well-being with the dignity to which the years of labor entitle the person; and

(2) realizing the aged person's maximum potential as a creative and productive individual.

[Pre-1992 Revision Citation: 4-28-3-3(b).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-1-3Administration of programs

     Sec. 3. The bureau shall administer the following programs:

(1) The federal Older Americans Act under IC 12-9.1-4-1.

(2) Area agencies on aging services under this article.

(3) Adult protective services under IC 12-10-3.

(4) Room and board assistance and assistance to residents in county homes under IC 12-10-6.

(5) Adult guardianship program under IC 12-10-7.

(6) Community and home options for the elderly and individuals with a disability under IC 12-10-10.

(7) Nursing home preadmission screening under IC 12-10-12.

(8) Long term care advocacy under IC 12-10-13.

(9) Nutrition services and home delivered meals.

(10) Title III B supportive services.

(11) Title III D in-home services.

(12) Aging programs under the Social Services Block Grant.

(13) United States Department of Agriculture elderly feeding program.

(14) Title V senior employment.

(15) PASARR under older adult services.

[Pre-1992 Revision Citation: 4-28-3-3(c).]

As added by P.L.2-1992, SEC.4. Amended by P.L.24-1997, SEC.20; P.L.243-2003, SEC.10; P.L.141-2006, SEC.39; P.L.99-2007, SEC.59.

 

IC 12-10-1-4Duties

     Sec. 4. The bureau shall perform the following duties:

(1) Provide a comprehensive and coordinated service system for Indiana's aging population, giving high priority to those individuals in greatest need.

(2) Conduct studies and research into the needs and problems of the aging.

(3) Ensure participation by the aging in the planning and operation of all phases of the system.

(4) Provide a focal point for advocacy, coordination, monitoring, and evaluation of programs for the aging and the aged.

(5) Provide for the performance of any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).

(6) Function as the sole state agency to develop a comprehensive plan to meet the needs of the aged.

(7) Evaluate programs, services, and facilities for the aged and determine the extent to which those programs, services, and facilities meet the needs of the aged.

(8) Coordinate programs, services, and facilities furnished for the aged by state agencies and make recommendations regarding those programs, services, and facilities to the governor and the general assembly.

(9) Receive and disburse federal money made available for providing services to the aged or related purposes.

(10) Administer any state plan for the aging required by federal law.

(11) Provide consultation and assistance to communities and groups developing local services for the aged.

(12) Promote community education regarding the problems of the aged through institutes, publications, radio, television, and the press.

(13) Cooperate with agencies of the federal government in studies and conferences designed to examine the needs of the aged and prepare programs and facilities to meet those needs.

(14) Establish and maintain information and referral sources throughout Indiana when not provided by other agencies.

(15) Act, in accordance with regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.), as the agent for providing state money to the area agencies on aging designated in each planning and service region in Indiana.

(16) Initiate, evaluate, and provide assistance for improving programs in cooperation with all other state agencies having concerns or responsibility for the aged.

(17) Conduct an annual conference on the problems of the aging and the aged.

(18) Designate area agencies on aging in each planning and service region in Indiana.

(19) Examine the needs of the aged and prepare programs and facilities to meet those needs.

(20) Issue orders under IC 4-21.5-3-6 when necessary in accordance with section 7 of this chapter.

[Pre-1992 Revision Citation: 4-28-3-4.]

As added by P.L.2-1992, SEC.4. Amended by P.L.153-2011, SEC.6.

 

IC 12-10-1-5Coordination of services with area agencies

     Sec. 5. In carrying out the bureau's duties under this chapter, the bureau shall coordinate service delivery with the area agencies on aging.

[Pre-1992 Revision Citation: 4-28-3-5.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-1-6Area agencies; duties

     Sec. 6. (a) The area agencies on aging designated by the bureau in each planning and service region shall do the following:

(1) Determine the needs and resources of the aged in the area.

(2) Coordinate, in cooperation with other agencies or organizations in the area, region, district, or county, all programs and activities providing health, recreational, educational, or social services for the aged.

(3) Secure local matching money from public and private sources to provide, improve, or expand the sources available to meet the needs of the aged.

(4) Develop, in cooperation with the division and in accordance with the regulations of the commissioner of the federal Administration on Aging, an area plan for each planning and service area to provide for the following:

(A) A comprehensive and coordinated system for the delivery of services needed by the aged in the area.

(B) The collection and dissemination of information and referral sources.

(C) The effective and efficient use of all resources meeting the needs of the aged.

(D) The inauguration of new services and periodic evaluation of all programs and projects delivering services to the aged, with special emphasis on the low income and minority residents of the planning and service area.

(E) The establishment, publication, and maintenance of a toll free telephone number to provide information, counseling, and referral services for the aged residents of the planning and service area.

(5) Conduct case management (as defined in IC 12-10-10-1).

(6) Perform any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).

     (b) The division shall pay the costs associated with the toll free telephone number required under subsection (a).

[Pre-1992 Revision Citation: 4-28-3-6.]

As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.4.

 

IC 12-10-1-7Issuance of citation for violations; requirements; remedies; considerations in determination of remedy

     Sec. 7. (a) Upon a determination by the bureau that a provider has violated this article or a rule adopted under this article, the director shall issue a citation under IC 4-21.5-3-6 to the provider. The citation must state the following:

(1) The nature of the violation.

(2) The classification of the violation.

(3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider.

(4) Any penalty imposed on the provider.

     (b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7. If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final.

     (c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article:

(1) Issuance of an order for immediate correction of the violation.

(2) Imposition of a fine not to exceed ten thousand dollars ($10,000).

(3) Suspension of new clients by the provider for a period not to exceed ninety (90) days.

(4) Revocation of the provider's license or issuance of a probationary license.

(5) A requirement that the provider comply with any plan of correction approved or directed by the division.

     (d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following:

(1) Whether the violation occurred for reasons beyond the provider's control.

(2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur.

(3) The history of violations by the provider.

(4) The effect of the violation on the client.

(5) The degree of the violation.

As added by P.L.153-2011, SEC.7.

 

IC 12-10-2Chapter 2. Commission on Aging
           12-10-2-1"Commission" defined
           12-10-2-2Establishment of commission
           12-10-2-3Membership
           12-10-2-4Term of office; termination
           12-10-2-5Executive committee; election
           12-10-2-6Quorum
           12-10-2-7Duties
           12-10-2-8Travel and other expenses; per diem

 

IC 12-10-2-1"Commission" defined

     Sec. 1. As used in this chapter, "commission" refers to the Indiana state commission on aging established by this chapter.

[1992 Revision Citation: New.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-2Establishment of commission

     Sec. 2. The Indiana state commission on aging is established within the division.

[Pre-1992 Revision Citation: 4-28-4-4(a).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-3Membership

     Sec. 3. (a) The commission consists of sixteen (16) members.

     (b) Not more than eight (8) members may be from the same political party. The members must be Indiana residents who are interested in the problems of the aging and the aged.

     (c) The governor shall appoint the members of the commission, using the following geographical distribution formula:

(1) One (1) member from each congressional district.

(2) The balance of the members appointed at large. However, not more than two (2) residents of the same county may be appointed as members of the commission.

[Pre-1992 Revision Citations: subsection (a) formerly 4-28-4-4(b) part; subsection (b) formerly 4-28-4-4(b) part; subsection (c) formerly 4-28-4-5(a).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-4Term of office; termination

     Sec. 4. (a) The term of a member of the commission is four (4) years. The term of a member filling a vacancy is for the remainder of the unexpired term.

     (b) The term of a member of the commission expires July 1, but a member continues in office until a successor is appointed.

     (c) The governor may terminate the appointment of a member of the commission by notifying the member, the chairman of the commission, and the director.

[Pre-1992 Revision Citations: subsection (a) formerly 4-28-4-5(b) part; subsection (b) formerly 4-28-4-5(b) part; subsection (c) formerly 4-28-4-5(c).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-5Executive committee; election

     Sec. 5. At its first meeting of each year, the commission shall elect a chairman, three (3) vice chairmen, and a secretary to serve for one (1) year. These officers are the executive committee of the commission.

[Pre-1992 Revision Citation: 4-28-4-6.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-6Quorum

     Sec. 6. (a) Nine (9) members of the commission constitute a quorum for the transaction of the business of the commission.

     (b) Approval by nine (9) members of the commission is required for any action to be taken by the commission.

[Pre-1992 Revision Citation: 4-28-4-7 part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-7Duties

     Sec. 7. The commission shall do the following:

(1) Encourage the study and discussion of the problems of the aging and the aged.

(2) Promote the organization of and officially recognize voluntary councils for the study and discussion of problems of the aging and the aged.

(3) Assist the division in the development of a comprehensive plan to meet the needs of the aged.

[Pre-1992 Revision Citation: 4-28-4-8.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-2-8Travel and other expenses; per diem

     Sec. 8. Each member of the commission, each consultant to the commission, and each member of any advisory council established by the commission is entitled to the following:

(1) Reimbursement for official traveling expenses and other expenses, as provided in the state travel policy and procedures established by the Indiana department of administration and approved by the budget agency.

(2) Salary per diem, as provided in IC 4-10-11-2.1(b), for each day engaged in the official business of the commission.

[Pre-1992 Revision Citation: 4-28-4-9.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3Chapter 3. Adult Protective Services
           12-10-3-1"Adult protective services unit"
           12-10-3-2"Endangered adult"
           12-10-3-3"Governmental entity"
           12-10-3-4"Life threatening emergency"
           12-10-3-5"Protective services"
           12-10-3-6"Reason to believe"
           12-10-3-7Contracting for services
           12-10-3-8Duties of adult protective services unit having reason to believe individual is endangered adult
           12-10-3-9Duty to report endangered adult
           12-10-3-10Reports; communication; contents
           12-10-3-11Immunity from civil and criminal liability; privileged information; whistleblower retaliation
           12-10-3-12Toll free report hotline; establishment of adult protective services standards of practice
           12-10-3-13Records; availability
           12-10-3-14Referral of reports of endangerment
           12-10-3-15Confidentiality of reports; exceptions
           12-10-3-16Repealed
           12-10-3-17Response to report of endangered adult in licensed health facility
           12-10-3-18Timely referral to appropriate responder
           12-10-3-19Court jurisdiction
           12-10-3-20Protective services consented to by endangered adult and interfered with by another; judicial intervention
           12-10-3-21Involuntary protective services; petition
           12-10-3-21.5Notice of petition
           12-10-3-22Hearing; counsel
           12-10-3-23Mandatory protective services; grounds
           12-10-3-24Protective services order; stipulations
           12-10-3-25Modification or termination of protective services order; motion
           12-10-3-26Continuing jurisdiction hearing; necessary findings
           12-10-3-27Orders protecting or implementing delivery of protective services
           12-10-3-28Emergency protective orders; petition; hearing; stipulations; interference injunction; duration
           12-10-3-29Immunity of division or unit personnel from civil or criminal liability
           12-10-3-29.5Appointment as representative of endangered adult
           12-10-3-30Annual report
           12-10-3-31Persons not needing protective services

 

IC 12-10-3-1"Adult protective services unit"

     Sec. 1. As used in this chapter, "adult protective services unit" refers to the entity with whom the division contracts to carry out the duties listed in section 8 of this chapter.

[Pre-1992 Revision Citations: 4-28-5-1; 4-28-5-4.5 part.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.2.

 

IC 12-10-3-2"Endangered adult"

     Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, "endangered adult" means an individual who is:

(1) at least eighteen (18) years of age;

(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and

(3) harmed or threatened with harm as a result of:

(A) neglect;

(B) a battery offense included in IC 35-42-2; or

(C) exploitation of the individual's personal services or property.

     (b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3, and IC 35-46-1-13, "endangered adult" means an individual who is:

(1) at least eighteen (18) years of age;

(2) incapable by reason of mental illness, intellectual disability, dementia, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and

(3) harmed or threatened with harm as a result of:

(A) neglect; or

(B) battery.

     (c) An individual is not an endangered adult solely:

(1) for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment; or

(2) on the basis of being physically unable to provide self care when appropriate care is being provided.

[Pre-1992 Revision Citation: 4-28-5-2.]

As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.1; P.L.24-1997, SEC.21; P.L.281-2003, SEC.1; P.L.117-2015, SEC.17; P.L.65-2016, SEC.6.

 

IC 12-10-3-3"Governmental entity"

     Sec. 3. As used in this chapter, "governmental entity" means an office or a department that is under the direct supervision of a local elected official or a county office.

[Pre-1992 Revision Citation: 4-28-5-3.]

As added by P.L.2-1992, SEC.4. Amended by P.L.4-1993, SEC.36; P.L.5-1993, SEC.49.

 

IC 12-10-3-4"Life threatening emergency"

     Sec. 4. As used in this chapter, "life threatening emergency" means a situation in which:

(1) a severe threat to the life or health of an endangered adult exists;

(2) immediate care or treatment is required to alleviate that threat; and

(3) the endangered adult is unable to provide or obtain the necessary care or treatment.

[Pre-1992 Revision Citation: 4-28-5-3.5.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-5"Protective services"

     Sec. 5. As used in this chapter, "protective services" refers to available medical, psychiatric, residential, and social services that are necessary to protect the health or safety of an endangered adult.

[Pre-1992 Revision Citation: 4-28-5-4.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-6"Reason to believe"

     Sec. 6. For the purposes of this chapter, an individual has "reason to believe" that a particular adult is an endangered adult if the individual has been presented with evidence that, if presented to an individual of similar background and training, would cause the individual to believe that the adult is an endangered adult.

[Pre-1992 Revision Citation: 4-28-5-4.5 part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-7Contracting for services

     Sec. 7. (a) The division shall provide coverage for the services required in each county under this chapter and may contract with:

(1) a prosecuting attorney;

(2) a prosecuting attorney to perform part of the services and a governmental entity qualified to perform the remainder of the services required; or

(3) if a prosecuting attorney decides not to enter into a contract, a governmental entity qualified to provide the services required.

     (b) The contracts entered into by the division under this section must specify that the notification provisions described in sections 21(4) and 28(b)(5) of this chapter must be followed.

     (c) A prosecuting attorney who is contracted to provide services under this section may perform services under this chapter in accordance with subsection (d) and (e).

     (d) Except as provided in subsection (e), a prosecuting attorney who has contracted to provide services under this section may provide services in another county if:

(1) the prosecuting attorney of the other county has not entered into a contract with the division to provide services; or

(2) the prosecuting attorney of the other county requests the prosecuting attorney to provide services.

     (e) Services provided by a prosecuting attorney who is providing services in another county under this section may include the investigation of matters related to the abuse, neglect, or exploitation of an endangered adult. However, a prosecuting attorney who is providing services in another county under this section may not initiate any judicial proceeding (including seeking a temporary restraining order, an order for protection, or a similar order from a court) in the other county.

[Pre-1992 Revision Citation: 4-28-5-5.]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.1; P.L.21-1996, SEC.3; P.L.116-2007, SEC.1.

 

IC 12-10-3-8Duties of adult protective services unit having reason to believe individual is endangered adult

     Sec. 8. If the adult protective services unit has reason to believe that an individual is an endangered adult, the adult protective services unit shall do the following:

(1) Investigate the complaint or cause the complaint to be investigated by a law enforcement or other agency and make a determination as to whether the individual reported is an endangered adult.

(2) Upon a determination that an individual is an endangered adult under this chapter, do the following:

(A) Initiate procedures that the adult protective services unit determines are necessary, based on an evaluation of the needs of the endangered adult, to protect the endangered adult.

(B) Coordinate and cooperate with the division or other appropriate person to obtain protective services for the endangered adult, including the development of a plan in cooperation with the endangered adult, whereby the least restrictive protective services necessary to protect the endangered adult will be made available to the endangered adult.

(C) Monitor the protective services provided the endangered adult to determine the effectiveness of the services.

(D) Comply with the notification requirements described in sections 21(4) and 28(b)(5) of this chapter.

[Pre-1992 Revision Citation: 4-28-5-6.]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.2.

 

IC 12-10-3-9Duty to report endangered adult

     Sec. 9. (a) An individual who believes or has reason to believe that another individual is an endangered adult shall make a report under this chapter.

     (b) If an individual is required to make a report under this chapter in the individual's capacity as a member of the staff of a medical or other public or private institution, school, hospital, facility, or agency, the individual shall immediately notify the individual in charge of the institution, school, hospital, facility, or agency, or the individual's designated agent, who also becomes responsible to report or cause a report to be made.

     (c) This section does not relieve an individual of the obligation to report on the individual's own behalf, unless a report has already been made to the best of the individual's belief.

[Pre-1992 Revision Citations: subsection (a) formerly 4-28-5-6.5(a); subsection (b) formerly 4-28-5-6.5(b) part; subsection (c) formerly 4-28-5-6.5(b) part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-10Reports; communication; contents

     Sec. 10. (a) Each endangered adult report made under this chapter shall be communicated immediately to at least one (1) of the following:

(1) The adult protective services unit.

(2) A law enforcement agency.

(3) The division by telephone on the statewide toll free telephone number established under section 12 of this chapter.

     (b) A law enforcement agency that receives an endangered adult report shall immediately communicate the report to the adult protective services unit and the unit shall notify the division of the report.

     (c) Reports must include as much of the following information as is known:

(1) The name, age, and address of the endangered adult.

(2) The names and addresses of family members or other persons financially responsible for the endangered adult's care or other individuals who may be able to provide relevant information.

(3) The apparent nature and extent of the alleged neglect, battery, or exploitation and the endangered adult's physical and mental condition.

(4) The name, address, and telephone number of the reporter and the basis of the reporter's knowledge.

(5) The name and address of the alleged offender.

(6) Any other relevant information regarding the circumstances of the endangered adult.

[Pre-1992 Revision Citation: 4-28-5-7.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.4.

 

IC 12-10-3-11Immunity from civil and criminal liability; privileged information; whistleblower retaliation

     Sec. 11. (a) A person, other than a person against whom a complaint concerning an endangered adult has been made, who in good faith:

(1) makes or causes to be made a report required to be made under this chapter;

(2) testifies or participates in any investigation or administrative or judicial proceeding on matters arising from the report;

(3) makes or causes to be made photographs or x-rays of an endangered adult; or

(4) discusses a report required to be made under this chapter with the division, the adult protective services unit, a law enforcement agency, or other appropriate agency;

is immune from both civil and criminal liability arising from those actions.

     (b) An individual may not be excused from testifying before a court or grand jury concerning a report made under this chapter on the basis that the testimony is privileged information, unless the individual is an attorney, a physician, a clergyman, a husband, or a wife who is not required to testify under IC 34-46-3-1.

     (c) An employer may not discharge, demote, transfer, prepare a negative work performance evaluation, or reduce benefits, pay, or work privileges, or take any other action to retaliate against an employee who in good faith files a report under this chapter.

[Pre-1992 Revision Citation: 4-28-5-8.]

As added by P.L.2-1992, SEC.4. Amended by P.L.1-1998, SEC.102.

 

IC 12-10-3-12Toll free report hotline; establishment of adult protective services standards of practice

     Sec. 12. The division shall establish the following:

(1) A statewide toll free telephone line continuously open to receive reports of suspected neglect, battery, or exploitation.

(2) Standards of practice established with the concurrence of the prosecuting attorneys council of Indiana (IC 33-39-8-2) and governing the services provided by the adult protective services unit.

[Pre-1992 Revision Citation: 4-28-5-9(a).]

As added by P.L.2-1992, SEC.4. Amended by P.L.153-2011, SEC.8.

 

IC 12-10-3-13Records; availability

     Sec. 13. The division shall maintain the following:

(1) Records on individuals that the division and adult protective services units have determined to be endangered adults and the protective services needed.

(2) Records of agencies, persons, or institutions who are determined to have permitted neglect, battery, or exploitation of endangered adults.

(3) Nonidentifying statistical records concerning unsubstantiated reports about endangered adults.

The information maintained under this section shall be used solely for statistical purposes and must be available to law enforcement officials, state licensing agencies, and other officials and employees of municipal, county, and state government having a legitimate interest in the welfare of individuals who may be endangered adults or who have a legitimate interest in the operation of agencies or institutions providing care to individuals served under this chapter.

[Pre-1992 Revision Citation: 4-28-5-9(b).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-14Referral of reports of endangerment

     Sec. 14. The division shall refer reports of neglect, battery, or exploitation to appropriate adult protective services units.

[Pre-1992 Revision Citation: 4-28-5-9(c).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-15Confidentiality of reports; exceptions

     Sec. 15. Reports made under this chapter and any other information obtained, reports written, or photographs taken concerning the reports are confidential and may be made available only to the individuals authorized in section 13 of this chapter as determined necessary by the division:

(1) for purposes of providing or monitoring protective services under this chapter;

(2) with the consent of all parties named in the report; or

(3) upon the issuance of a court order releasing the information.

[Pre-1992 Revision Citation: 4-28-5-9(d).]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.3.

 

IC 12-10-3-16Repealed

[Pre-1992 Revision Citation: 4-28-5-9(e).]

As added by P.L.2-1992, SEC.4. Repealed by P.L.153-2011, SEC.20.

 

IC 12-10-3-17Response to report of endangered adult in licensed health facility

     Sec. 17. If an adult protective services unit receives a report alleging that an individual who is a resident of a facility licensed under IC 16-28 is an endangered adult, the adult protective services unit shall immediately communicate the report to the state department of health under IC 16-28-4-1.

[Pre-1992 Revision Citation: 4-28-5-10.]

As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.77; P.L.281-2003, SEC.2.

 

IC 12-10-3-18Timely referral to appropriate responder

     Sec. 18. If it appears that the immediate health or safety of an endangered adult is in danger, the division or adult protective services unit shall immediately refer the matter to the appropriate law enforcement agency and shall assist the law enforcement agency as requested by that agency. In all other cases, referral to the appropriate adult protective services unit shall be made within five (5) working days after the receipt of a report.

[Pre-1992 Revision Citation: 4-28-5-11(a).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-19Court jurisdiction

     Sec. 19. The circuit and superior courts with jurisdiction in the county in which the alleged endangered adult resides have original and concurrent jurisdiction over a matter filed under this chapter.

[Pre-1992 Revision Citation: 4-28-5-11(b).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-20Protective services consented to by endangered adult and interfered with by another; judicial intervention

     Sec. 20. If an endangered adult gives consent to receive protective services arranged by the division or adult protective services unit and another person interferes with the delivery of the services, the division or adult protective services unit may, through the prosecuting attorney's office of the county in which the endangered adult resides, petition the circuit or superior court for an order to do the following:

(1) Enjoin the interference with the delivery of the services.

(2) Implement the delivery of services the endangered adult has consented to receive.

[Pre-1992 Revision Citation: 4-28-5-11(c).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-21Involuntary protective services; petition

     Sec. 21. If an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given, the adult protective services unit, either directly or through the prosecuting attorney's office in the county in which the endangered adult resides, may petition the court to require the alleged endangered adult to receive protective services. Any person upon consent of the adult protective services unit, may petition the court to require the alleged endangered adult to receive protective services. The petition must be under oath or affirmation and must include the following:

(1) The name, age, and residence of the alleged endangered adult who is to receive protective services.

(2) The nature of the problem or reason for the filing of the petition for protective order.

(3) The name and address of the petitioner and the name and address of the person or organization that may be required to complete the court ordered protective services. If the petitioner is an organization, the petition must contain information concerning the title and authority of the individual filing on behalf of that organization.

(4) Certification that:

(A) notice of the petition has been given to the alleged endangered adult, the alleged endangered adult's attorney, if any, or the alleged endangered adult's next of kin or guardian, if any; and

(B) section 21.5 of this chapter regarding notice to the alleged endangered adult's next of kin has been complied with.

If notice has not been given, a description of the attempts to give notice shall be given.

(5) The name and address of the individuals most closely related by blood or marriage to the alleged endangered adult, if known.

(6) A description of the proposed protective services to be provided.

(7) A statement that the adult protective services unit has been notified and consented to the petition if the petitioner is not the adult protective services unit.

[Pre-1992 Revision Citation: 4-28-5-11(d).]

As added by P.L.2-1992, SEC.4. Amended by P.L.110-1996, SEC.4; P.L.272-1999, SEC.28.

 

IC 12-10-3-21.5Notice of petition

     Sec. 21.5. Before a petition for:

(1) a protective order under section 21 of this chapter; or

(2) an emergency protective order under section 28 of this chapter;

of this chapter is filed, the petitioner must attempt to give actual notice of the petition to the alleged endangered adult's next of kin, if any. However, if the alleged endangered adult's next of kin cannot be located, notice to the last known address of the next of kin must be sent by certified mail on the same date that the petition is filed.

As added by P.L.110-1996, SEC.5.

 

IC 12-10-3-22Hearing; counsel

     Sec. 22. At a hearing at which a court determines whether an endangered adult should be required to receive protective services, the endangered adult is entitled to the following:

(1) To be represented by counsel.

(2) To have the court appoint counsel for the endangered adult if the court determines the endangered adult is indigent.

[Pre-1992 Revision Citation: 4-28-5-11(e).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-23Mandatory protective services; grounds

     Sec. 23. The court may require an individual to receive protective services only if the court finds, after a hearing, that the individual:

(1) is an endangered adult;

(2) is in need of protective services; and

(3) lacks the ability to make an informed decision concerning the endangered adult's need for protective services.

[Pre-1992 Revision Citation: 4-28-5-11(f).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-24Protective services order; stipulations

     Sec. 24. If, after a hearing, the court determines that an endangered adult should be required to receive protective services, the court shall issue a protective services order. The order must stipulate the following:

(1) The objectives of the protective services order.

(2) The least restrictive protective services necessary to attain the objectives of the protective services order that the endangered adult must receive.

(3) The duration during which the endangered adult must receive the protective services.

(4) That the adult protective services unit or other person designated by the court shall do the following:

(A) Provide or arrange for the provision of the protective services ordered by the court.

(B) Petition the court to modify or terminate the protective services order if:

(i) the protective services ordered by the court have not been effective in attaining the objectives of the protective services order;

(ii) the physical or mental health of the endangered adult is no longer in danger and the termination of the protective services order will not be likely to place the endangered adult's physical or mental health in danger; or

(iii) the endangered adult has consented to receive the protective services ordered by the court.

[Pre-1992 Revision Citation: 4-28-5-11(g).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-25Modification or termination of protective services order; motion

     Sec. 25. The court may modify or terminate a protective services order upon its own motion or upon the motion of any of the following:

(1) The endangered adult.

(2) The endangered adult's guardian, custodian, or guardian ad litem.

(3) The adult protective services unit.

(4) Any person providing services to the endangered adult under the protective services order.

[Pre-1992 Revision Citation: 4-28-5-11(h).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-26Continuing jurisdiction hearing; necessary findings

     Sec. 26. Every six (6) months after the date of the original protective services order or more often if ordered by the court, the adult protective services unit shall petition the court to hold a hearing on the question of continuing jurisdiction. For jurisdiction to continue, the court must find one (1) of the following:

(1) That the objectives of the order have not been attained, but that there is a reasonable probability that the objectives will be attained if the order is continued with or without modifications.

(2) That the objectives of the order have been attained, but that termination of the order will likely place the endangered adult's physical or mental health in danger.

[Pre-1992 Revision Citation: 4-28-5-11(i).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-27Orders protecting or implementing delivery of protective services

     Sec. 27. The court may issue an order to:

(1) enjoin a person from interference with the delivery of a protective service ordered under section 24 of this chapter; or

(2) direct a person to take actions to implement the delivery of the protective services ordered under section 24 of this chapter.

[Pre-1992 Revision Citation: 4-28-5-11(j).]

As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.2.

 

IC 12-10-3-28Emergency protective orders; petition; hearing; stipulations; interference injunction; duration

     Sec. 28. (a) If:

(1) an alleged endangered adult does not or is unable to consent to the receipt of protective services arranged by the division or the adult protective services unit or withdraws consent previously given; and

(2) the endangered adult is involved in a life threatening emergency;

the adult protective services unit, either directly or through the prosecuting attorney's office of the county in which the alleged endangered adult resides, may petition the superior or circuit court in the county where the alleged endangered adult resides for an emergency protective order.

     (b) A petition for an emergency protective order must be under oath or affirmation and must include the following:

(1) The name, age, and residence of the endangered adult who is to receive emergency protective services.

(2) The nature of the problem and an allegation that a life threatening emergency exists.

(3) Evidence that immediate and irreparable injury will result if there is a delay in the provision of services.

(4) The name and address of the petitioner who is filing the petition and the name and address of the person or organization that may be required to complete the court ordered emergency protective services.

(5) Certification that:

(A) notice has been given to the alleged endangered adult, the alleged endangered adult's attorney, if any, or the alleged endangered adult's next of kin, if any; and

(B) section 21.5 of this chapter regarding notice to the alleged endangered adult's next of kin has been complied with.

If notice has not been given, a description of the attempts to give notice shall be given.

(6) A description of the emergency protective services to be provided.

     (c) If, after the hearing of the petition, the court determines that the endangered adult should be required to receive emergency protective services, the court shall issue an emergency protective order if the court finds the following:

(1) The individual is an endangered adult.

(2) A life threatening emergency exists.

(3) The endangered adult is in need of the proposed emergency protective services.

The court may issue the order ex parte.

     (d) An emergency protective order must stipulate the following:

(1) The objectives of the emergency protective order.

(2) The least restrictive emergency protective services necessary to attain the objectives of the emergency protective order that the endangered adult must receive.

(3) The duration during which the endangered adult must receive the emergency protective services.

(4) That the emergency protective services unit or other person designated by the court shall do the following:

(A) Provide or arrange for the provision of the emergency protective services ordered by the court.

(B) Petition the court to modify or terminate the emergency protective order if:

(i) the emergency protective services ordered by the court have not been effective in attaining the objectives of the emergency protective order;

(ii) the physical or mental health of the endangered adult is no longer in danger and the termination of the emergency protective order will not be likely to place the endangered adult's physical or mental health in danger; or

(iii) the endangered adult has consented to receive the emergency protective services ordered by the court.

     (e) The court may issue an order to:

(1) enjoin a person from interfering with the delivery of services ordered by an emergency protective order issued under this section; or

(2) direct a person to take actions to implement the delivery of services ordered by an emergency protective order issued under this section.

     (f) An emergency protective order issued under this section may not remain in effect for longer than:

(1) ten (10) days; or

(2) thirty (30) days if the adult protective services unit shows the court that an extraordinary need exists that requires the order to remain in effect for not more than thirty (30) days.

     (g) If at the expiration of an order the adult protective services unit determines that the endangered adult is in need of further protective services and that the endangered adult does not consent to the receipt of the services, a petition may be filed under section 21 of this chapter.

[Pre-1992 Revision Citation: 4-28-5-11.5.]

As added by P.L.2-1992, SEC.4. Amended by P.L.77-1992, SEC.3; P.L.110-1996, SEC.6; P.L.272-1999, SEC.29.

 

IC 12-10-3-29Immunity of division or unit personnel from civil or criminal liability

     Sec. 29. An officer, agency, or employee of the division or adult protective services unit who performs duties in good faith under this chapter in rendering care to an endangered adult is immune from both civil and criminal liability arising from acts or omissions in rendering the service or care to the endangered adult.

[Pre-1992 Revision Citation: 4-28-5-12.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-3-29.5Appointment as representative of endangered adult

     Sec. 29.5. (a) Except as provided in subsection (b), an adult protective services unit or a staff member of the adult protective services unit may not be designated as:

(1) a personal representative;

(2) a health care representative;

(3) a guardian;

(4) a guardian ad litem; or

(5) any other type of representative;

for an endangered adult.

     (b) The:

(1) county prosecutor in the county in which the adult protective services unit is located; or

(2) head of the governmental entity if the adult protective services unit is operated by a governmental entity;

may give written permission for an adult protective services unit or a staff member of the adult protective services unit to be designated as a representative described in subsection (a)(1) through (a)(5).

As added by P.L.141-2006, SEC.40. Amended by P.L.109-2015, SEC.31.

 

IC 12-10-3-30Annual report

     Sec. 30. The division shall report to the general assembly before February 2 of each year concerning the division's activities under this chapter during the preceding calendar year. The report must include the recommendations of the division relating to the need for continuing care of endangered adults under this chapter and must be in an electronic format under IC 5-14-6.

[Pre-1992 Revision Citation: 4-28-5-13.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.5; P.L.28-2004, SEC.89.

 

IC 12-10-3-31Persons not needing protective services

     Sec. 31. An individual is not in need of protective services under this chapter:

(1) solely for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment; and

(2) if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment.

As added by P.L.77-1992, SEC.4.

 

IC 12-10-4Chapter 4. Repealed

[Pre-1992 Revision Citations:

12-10-4-1              formerly 4-28-13-2(a)

12-10-4-2              formerly 4-28-13-2(b)

12-10-4-3              formerly 4-28-13-2(c)

12-10-4-4              formerly 4-28-13-2(d)

12-10-4-5              formerly 4-28-13-3

12-10-4-6              formerly 4-28-13-5.]

Repealed by P.L.153-2011, SEC.20.

 

IC 12-10-5Chapter 5. Expired

[Pre-1992 Revision Citations:

12-10-5-1              New

12-10-5-2              formerly 4-28-13-4(a) part

12-10-5-3              formerly 4-28-13-4(a) part

12-10-5-4              formerly 4-28-13-4(c)

12-10-5-5              formerly 4-28-13-4(d) part

12-10-5-6              formerly 4-28-13-4(d) part

12-10-5-7              formerly 4-28-13-4(d) part

12-10-5-8              formerly 4-28-13-4(d) part

12-10-5-9              subsection (a) formerly 4-28-13-4(e); subsection (b) formerly 4-28-13-4(f)

12-10-5-10            formerly 4-28-13-4(b).]

Expired 12-31-2013 by P.L.153-2011, SEC.10.

 

IC 12-10-5.5Chapter 5.5. Alzheimer's and Dementia Special Care Disclosure
           12-10-5.5-1"Alzheimer's and dementia special care" defined
           12-10-5.5-2"Health facility" defined
           12-10-5.5-3Disclosure form; contents
           12-10-5.5-4Form; requirements of health facility
           12-10-5.5-5Form; requirements of division
           12-10-5.5-6Rules

 

IC 12-10-5.5-1"Alzheimer's and dementia special care" defined

     Sec. 1. As used in this chapter, "Alzheimer's and dementia special care" means care provided to a person diagnosed with Alzheimer's disease, a related disorder, or dementia who resides in a health facility that:

(1) locks, secures, segregates, or provides a special program or special unit for residents with Alzheimer's disease, related disorders, or dementia; and

(2) advertises, markets, or promotes the health facility as providing Alzheimer's care services, dementia care services, or both.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-5.5-2"Health facility" defined

     Sec. 2. As used in this chapter, "health facility" means a facility that is licensed under or subject to IC 16-28.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-5.5-3Disclosure form; contents

     Sec. 3. A health facility that provides or offers Alzheimer's and dementia special care shall prepare a written disclosure in a form provided by the division that has been developed in conjunction with the long term care ombudsman's office and that contains the following information:

(1) The health facility's mission or philosophy statement concerning the needs of residents with Alzheimer's disease, a related disorder, or dementia.

(2) The process and criteria the health facility uses to determine placement, transfer, or discharge from Alzheimer's and dementia special care.

(3) The process for the assessment, establishment, and implementation of a plan of Alzheimer's and dementia special care, including how and when changes are made to a plan of care.

(4) The following information concerning the staff of the Alzheimer's and dementia special care unit:

(A) The staff-to-patient ratio for each shift.

(B) The positions and classifications of staff.

(C) The initial training or special education requirements of the staff.

(D) The qualities and amount of continuing education and in-service training required for staff.

(5) A description of the Alzheimer's and dementia special care unit and the unit's design features.

(6) The frequency and types of activities for the residents of the facility who have Alzheimer's disease, a related disorder, or dementia.

(7) The extent that the health facility's Alzheimer's and dementia special care unit and program offers family support programs and solicits input from family members.

(8) Guidelines for using physical and chemical restraints in providing Alzheimer's and dementia special care.

(9) An itemization of the health facility's charges and fees for Alzheimer's and dementia special care and related services.

(10) Any other features, services, or characteristics that the health facility believes distinguishes the health facility from Alzheimer's and dementia special care offered by other facilities.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-5.5-4Form; requirements of health facility

     Sec. 4. A health facility shall do the following with the disclosure form required under section 3 of this chapter:

(1) Submit the form to the division in December of each year.

(2) Make the form available to any individual seeking information on services for an individual with Alzheimer's disease or a related disorder.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-5.5-5Form; requirements of division

     Sec. 5. The division shall do the following with the disclosure form received from each health facility under section 4 of this chapter:

(1) Make the form available to any individual upon request.

(2) Publish all the disclosure forms before February of each year in a single publication to disseminate to the public upon request.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-5.5-6Rules

     Sec. 6. The division may adopt rules under IC 4-22-2 necessary to implement this chapter.

As added by P.L.106-1997, SEC.4.

 

IC 12-10-6Chapter 6. Residential Care Assistance
           12-10-6-1Eligibility of county home residents; amount; rate; personal allowance
           12-10-6-2Repealed
           12-10-6-2.1Residential care assistance; eligibility; alternative placement for individuals with an intellectual disability; personal allowance and other amounts retained
           12-10-6-3Repealed
           12-10-6-4Excess income recipients; continued eligibility
           12-10-6-5Individuals with a mental illness; comprehensive care plan; rules
           12-10-6-6Application for assistance
           12-10-6-7Investigation of applicant
           12-10-6-8Investigative report and recommendation
           12-10-6-9Amount of assistance; determination
           12-10-6-10Monthly payments; warrants
           12-10-6-11Reconsideration; report of change; hearing
           12-10-6-12New county home admittees; aid in applying for assistance
           12-10-6-13Higher education award not to be considered income or resource for purposes of assistance eligibility
           12-10-6-14Repealed

 

IC 12-10-6-1Eligibility of county home residents; amount; rate; personal allowance

     Sec. 1. (a) An individual who:

(1) is at least sixty-five (65) years of age, is blind, or has a disability; and

(2) is a resident of a county home;

is eligible to receive assistance payments from the state if the individual would be eligible for assistance under the federal Supplemental Security Income program except for the fact that the individual is residing in a county home.

     (b) The recipient shall be paid or allowed to retain from the recipient's income a monthly personal allowance. The amount:

(1) is fifty-two dollars ($52);

(2) is exempt from income eligibility consideration by the division; and

(3) may be exclusively used by the recipient for personal needs.

     (c) In addition to the amount that may be retained as a personal allowance under this section, an individual is allowed to retain an amount equal to the individual's state and local income tax liability. The amount that may be retained during a month may not exceed one-third (1/3) of the individual's state and local income tax liability for the calendar quarter in which the month occurs. This amount is exempt from income eligibility consideration by the division. The amount retained shall be used by the individual to pay state or local income taxes owed.

     (d) In addition to the amounts that may be retained under subsections (b) and (c), an eligible individual may retain a Holocaust victim's settlement payment. The payment is exempt from income eligibility consideration by the division.

     (e) The personal allowance for one (1) month for an individual described in subsection (a) is the amount that an individual would be entitled to retain under subsection (b) plus an amount equal to one-half (1/2) of the remainder of:

(1) gross earned income for that month; minus

(2) the sum of:

(A) sixteen dollars ($16); plus

(B) the amount withheld from the person's paycheck for that month for payment of state income tax, federal income tax, and the tax prescribed by the federal Insurance Contribution Act (26 U.S.C. 3101 et seq.); plus

(C) transportation expenses for that month; plus

(D) any mandatory expenses required by the employer as a condition of employment.

[Pre-1992 Revision Citations: 4-28-15-1; 12-1-5.5-1(a); 12-1-5.5-1(b).]

As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.78; P.L.4-1993, SEC.37; P.L.5-1993, SEC.50; P.L.152-1995, SEC.2; P.L.24-1997, SEC.22; P.L.128-1999, SEC.6; P.L.272-1999, SEC.30; P.L.294-2001, SEC.1; P.L.141-2006, SEC.41; P.L.99-2007, SEC.60; P.L.229-2011, SEC.118.

 

IC 12-10-6-2Repealed

[Pre-1992 Revision Citations: 4-28-15-2; 12-1-5.5-1.3(b).]

As added by P.L.2-1992, SEC.4. Amended by P.L.78-1992, SEC.1; P.L.2-1993, SEC.79; P.L.62-1993, SEC.4; P.L.1-1994, SEC.53; P.L.40-1994, SEC.18; P.L.111-1996, SEC.1; P.L.24-1997, SEC.23; P.L.128-1999, SEC.7; P.L.272-1999, SEC.31; P.L.215-2001, SEC.36; P.L.1-2002, SEC.51; P.L.294-2001, SEC.2. Repealed by P.L.1-2003, SEC.104.

 

IC 12-10-6-2.1Residential care assistance; eligibility; alternative placement for individuals with an intellectual disability; personal allowance and other amounts retained

     Sec. 2.1. (a) An individual who is incapable of residing in the individual's own home may apply for residential care assistance under this section. The determination of eligibility for residential care assistance is the responsibility of the division. Except as provided in subsection (h), an individual is eligible for residential care assistance if the division determines that the individual:

(1) is a recipient of Medicaid or the federal Supplemental Security Income program;

(2) is incapable of residing in the individual's own home because of dementia, mental illness, or a physical disability;

(3) requires a degree of care less than that provided by a health care facility licensed under IC 16-28;

(4) can be adequately cared for in a residential care setting; and

(5) has not made any asset transfer prohibited under the state plan or in 42 U.S.C. 1396p(c) in order to be eligible for Medicaid.

     (b) Individuals with an intellectual disability may not be admitted to a home or facility that provides residential care under this section.

     (c) A service coordinator employed by the division may:

(1) evaluate a person seeking admission to a home or facility under subsection (a); or

(2) evaluate a person who has been admitted to a home or facility under subsection (a), including a review of the existing evaluations in the person's record at the home or facility.

If the service coordinator determines the person evaluated under this subsection has an intellectual disability, the service coordinator may recommend an alternative placement for the person.

     (d) Except as provided in section 5 of this chapter, residential care consists of only room, board, and laundry, along with minimal administrative direction. The recipient may retain from the recipient's income a monthly personal allowance of fifty-two dollars ($52). This amount is exempt from income eligibility consideration by the division and may be exclusively used by the recipient for the recipient's personal needs. However, if the recipient's income is less than the amount of the personal allowance, the division shall pay to the recipient the difference between the amount of the personal allowance and the recipient's income. A reserve or an accumulated balance from such a source, together with other sources, may not be allowed to exceed the state's resource allowance allowed for adults eligible for state supplemental assistance or Medicaid as established by the rules of the office of Medicaid policy and planning.

     (e) In addition to the amount that may be retained as a personal allowance under this section, an individual shall be allowed to retain an amount equal to the individual's state and local income tax liability. The amount that may be retained during a month may not exceed one-third (1/3) of the individual's state and local income tax liability for the calendar quarter in which that month occurs. This amount is exempt from income eligibility consideration by the division. The amount retained shall be used by the individual to pay any state or local income taxes owed.

     (f) In addition to the amounts that may be retained under subsections (d) and (e), an eligible individual may retain a Holocaust victim's settlement payment. The payment is exempt from income eligibility consideration by the division.

     (g) The personal allowance for one (1) month for an individual described in subsection (a) is the amount that an individual would be entitled to retain under subsection (d) plus an amount equal to one-half (1/2) of the remainder of:

(1) gross earned income for that month; minus

(2) the sum of:

(A) sixteen dollars ($16); plus

(B) the amount withheld from the person's paycheck for that month for payment of state income tax, federal income tax, and the tax prescribed by the federal Insurance Contribution Act (26 U.S.C. 3101 et seq.); plus

(C) transportation expenses for that month; plus

(D) any mandatory expenses required by the employer as a condition of employment.

     (h) An individual who, before September 1, 1983, has been admitted to a home or facility that provides residential care under this section is eligible for residential care in the home or facility.

     (i) The director of the division may contract with the division of mental health and addiction or the division of disability and rehabilitative services to purchase services for individuals with a mental illness or a developmental disability by providing money to supplement the appropriation for community based residential care programs established under IC 12-22-2 or community based residential programs established under IC 12-11-1.1-1.

     (j) A person with a mental illness may not be placed in a Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., unless the facility is licensed under IC 16-28.

As added by P.L.1-2003, SEC.52. Amended by P.L.141-2006, SEC.42; P.L.99-2007, SEC.61; P.L.121-2008, SEC.1; P.L.143-2011, SEC.11; P.L.229-2011, SEC.119; P.L.6-2012, SEC.89; P.L.117-2015, SEC.18.

 

IC 12-10-6-3Repealed

[Pre-1992 Revision Citations: 12-1-5.5-1.3(i), (j), (k).]

As added by P.L.2-1992, SEC.4. Amended by P.L.2-1993, SEC.80; P.L.4-1993, SEC.38; P.L.5-1993, SEC.51; P.L.152-1995, SEC.3; P.L.24-1997, SEC.24; P.L.1-2007, SEC.117; P.L.121-2008, SEC.2. Repealed by P.L.229-2011, SEC.272.

 

IC 12-10-6-4Excess income recipients; continued eligibility

     Sec. 4. (a) An individual who:

(1) is receiving residential care assistance under section 1 or 2.1 of this chapter; and

(2) has an increase in income that would make the individual ineligible for residential care assistance;

may elect to continue to be eligible for residential care assistance by paying the excess income to the home or facility that provides residential care.

     (b) If an individual applies the excess income toward the residential care assistance under subsection (a), the division shall reduce the payment to the home or facility that provides residential care by the amount received by the home or facility.

[Pre-1992 Revision Citation: 12-1-5.5-9.]

As added by P.L.2-1992, SEC.4. Amended by P.L.27-1992, SEC.10; P.L.24-1997, SEC.25; P.L.1-2007, SEC.118.

 

IC 12-10-6-5Individuals with a mental illness; comprehensive care plan; rules

     Sec. 5. (a) An individual who is determined under section 2.1(a)(2) of this chapter to be incapable of residing in the individual's own home because of mental illness may be admitted to a home or facility that provides residential care to the extent that money is available for the care.

     (b) Within thirty (30) days after an individual with a mental illness is placed in a home or facility that provides residential care, a comprehensive care plan must be developed for the individual.

     (c) The residential care facility, in cooperation with the community mental health center or an individual's managed care provider (as defined in IC 12-7-2-127(b)) serving the area in which the residential care facility is located, shall develop the comprehensive care plan for the individual. The plan must include the following:

(1) Psychosocial rehabilitation services that are provided within the community.

(2) A comprehensive range of activities to meet multiple levels of need, including the following:

(A) Recreational and socialization activities.

(B) Social skills.

(C) Educational, training, occupational, and work programs.

(D) Opportunities for progression into less restrictive and more independent living arrangements.

(3) Appropriate alternate placement if the individual's needs cannot be met by the facility.

     (d) The state department of health shall, in coordination with the division of mental health and addiction and the division, adopt rules under IC 4-22-2 to govern:

(1) residential care; and

(2) the comprehensive care plan;

provided to individuals with a mental illness who reside under this chapter in a home or facility that provides residential care.

[Pre-1992 Revision Citation: 4-28-15-3.]

As added by P.L.2-1992, SEC.4. Amended by P.L.40-1994, SEC.19; P.L.215-2001, SEC.37; P.L.99-2007, SEC.62; P.L.197-2011, SEC.40; P.L.85-2017, SEC.54.

 

IC 12-10-6-6Application for assistance

     Sec. 6. (a) To obtain assistance under this chapter, an individual must apply to the local administrative unit designated by the division. The application must be:

(1) in writing or reduced to writing;

(2) made in the manner and upon the form prescribed by the division; and

(3) verified by the oath of the applicant.

     (b) If an individual applying for assistance is mentally or physically unable to sign an application verified by the oath of the applicant, an application may be made by an interested individual acting in the applicant's behalf, and the application shall be verified upon the basis of information and belief of the interested individual.

     (c) Each application must contain a statement of all of the following:

(1) The amount of property, both personal and real, in which the applicant has an interest.

(2) All income that the applicant has at the time of the filing of the application.

(3) Any other information prescribed by the division.

[Pre-1992 Revision Citation: 4-28-15-4.]

As added by P.L.2-1992, SEC.4. Amended by P.L.128-1999, SEC.8.

 

IC 12-10-6-7Investigation of applicant

     Sec. 7. Whenever the local administrative unit designated by the division receives an application for assistance under this chapter, an investigation shall be made of the circumstances of the applicant to ascertain the facts supporting the application and any other information that may be required by the rules of the division.

[Pre-1992 Revision Citation: 4-28-15-5.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-8Investigative report and recommendation

     Sec. 8. Upon completion of the investigation, the local administrative unit designated by the division shall make a report and a recommendation to the division relative to the eligibility of the applicant for assistance, the amount of the assistance, and the date when the assistance should begin.

[Pre-1992 Revision Citation: 4-28-15-6 part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-9Amount of assistance; determination

     Sec. 9. The division shall determine the amount of the assistance and the date on which the assistance should begin. In determining the amount of assistance, due account shall be taken of any income or property of the applicant and of any support that the applicant may receive from other sources, including any benefit the applicant is receiving from the Social Security Administration. The award made by the division and a subsequent modification of the award is binding upon the state and shall be complied with by the state until the award or modified award is vacated.

[Pre-1992 Revision Citation: 4-28-15-6 part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-10Monthly payments; warrants

     Sec. 10. (a) The assistance shall be paid monthly to:

(1) the recipient; or

(2) the administrator of the county home if the local administrative unit designated by the division so designates;

upon warrant of the auditor of state from money appropriated to the division for that purpose.

     (b) The auditor of state shall draw the warrants based upon a verified schedule of the recipients and the amount payable to each recipient, prepared and verified by the director of the division in accordance with awards made by the division.

[Pre-1992 Revision Citation: 4-28-15-6 part.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-11Reconsideration; report of change; hearing

     Sec. 11. (a) All assistance granted under this chapter shall be reconsidered as frequently as is required by the rules of the division. After further investigation that the local administrative unit designated by the division considers necessary or that the division requires, the amount of assistance may be changed or entirely withdrawn if the division finds that the recipient's circumstances have altered sufficiently to warrant that action.

     (b) Whenever assistance is withdrawn, revoked, suspended, or in any way changed, the division shall immediately report the decision to the local administrative unit designated by the division.

     (c) If assistance is in any way changed, the recipient is entitled to a hearing under the rules adopted by the division.

[Pre-1992 Revision Citation: 4-28-15-7.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-12New county home admittees; aid in applying for assistance

     Sec. 12. When an individual is admitted to a county home, the administrator of the home shall assist the resident in applying for assistance under this chapter.

[Pre-1992 Revision Citation: 4-28-15-8.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-6-13Higher education award not to be considered income or resource for purposes of assistance eligibility

     Sec. 13. If an individual receives a state or federal higher education award that is paid directly to an approved postsecondary educational institution for that individual's benefit:

(1) that individual is not required to report that award as income or as a resource of that individual when applying for assistance provided under this chapter; and

(2) the award may not be considered as income or a resource of the individual in determining initial or continuing eligibility for assistance under this chapter.

[Pre-1992 Revision Citation: 4-28-15-9.]

As added by P.L.2-1992, SEC.4. Amended by P.L.2-2007, SEC.154.

 

IC 12-10-6-14Repealed

[Pre-1992 Revision Citation: 12-1-5.5-8.]

As added by P.L.2-1992, SEC.4. Amended by P.L.24-1997, SEC.26. Repealed by P.L.229-2011, SEC.272.

 

IC 12-10-7Chapter 7. Adult Guardianship Services
           12-10-7-1"Incapacitated individual" defined
           12-10-7-2"Indigent adult" defined
           12-10-7-3"Provider" defined
           12-10-7-4"Region" defined
           12-10-7-5Establishment of program
           12-10-7-6Administration
           12-10-7-7Rules
           12-10-7-8Contracts for services; provider qualifications; specifications
           12-10-7-9Audits

 

IC 12-10-7-1"Incapacitated individual" defined

     Sec. 1. As used in this chapter, "incapacitated individual" means an individual who:

(1) cannot be located upon reasonable inquiry;

(2) is unable:

(A) to manage in whole or in part the individual's property;

(B) to provide self-care; or

(C) to do either of the functions described in clauses (A) and (B);

because of mental illness, dementia, physical illness, infirmity, habitual drunkenness, excessive use of drugs, confinement, detention, duress, fraud, undue influence of others on the individual, or other disability (as that term is used in IC 12-10-10-3 or IC 12-14-15-1); or

(3) has a developmental disability.

[Pre-1992 Revision Citation: 4-28-17-4.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.6.

 

IC 12-10-7-2"Indigent adult" defined

     Sec. 2. As used in this chapter, "indigent adult" means an individual who:

(1) is at least eighteen (18) years of age;

(2) has no appropriate person to serve as guardian; and

(3) either:

(A) has an annual gross income of not more than one hundred twenty-five percent (125%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902; or

(B) demonstrates the inability to obtain privately provided guardianship services.

[Pre-1992 Revision Citation: 4-28-17-5.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-7-3"Provider" defined

     Sec. 3. As used in this chapter, "provider" refers to a regional guardianship services provider.

[Pre-1992 Revision Citation: 4-28-17-7.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-7-4"Region" defined

     Sec. 4. As used in this chapter, "region" means a service provision region established by the division by rule adopted under IC 4-22-2.

[Pre-1992 Revision Citation: 4-28-17-8.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-7-5Establishment of program

     Sec. 5. The adult guardianship services program is established to provide services within the limits of available funding for indigent incapacitated adults.

[Pre-1992 Revision Citation: 4-28-17-9.]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-7-6Administration

     Sec. 6. The director shall administer the program on a statewide basis.

[Pre-1992 Revision Citation: 4-28-17-18(a).]

As added by P.L.2-1992, SEC.4.

 

IC 12-10-7-7Rules

     Sec. 7. The secretary shall adopt rules under IC 4-22-2 to implement this chapter.

[Pre-1992 Revision Citation: 4-28-17-18(b).]

As added by P.L.2-1992, SEC.4. Amended by P.L.35-2016, SEC.13.

 

IC 12-10-7-8Contracts for services; provider qualifications; specifications

     Sec. 8. (a) The division shall contract in writing for the provision of the guardianship services required in each region with a nonprofit corporation that is:

(1) qualified to receive tax deductible contributions under Section 170 of the Internal Revenue Code; and

(2) located in the region.

     (b) The division shall establish qualifications to determine eligible providers in each region.

     (c) Each contract between the division and a provider must specify a method for the following:

(1) The establishment of a guardianship committee within the provider, serving under the provider's board of directors.

(2) The provision of money and services by the provider in an amount equal to at least twenty-five percent (25%) of the total amount of the contract and the provision by the division of the remaining amount of the contract. The division shall establish guidelines to determine the value of services provided under this subdivision.

(3) The establishment of procedures to avoid a conflict of interest for the provider in providing necessary services to each incapacitated individual.

(4) The identification and evaluation of indigent adults in need of guardianship services.

(5) The adoption of individualized service plans to provide the least restrictive type of guardianship or related services for each incapacitated individual, including the following:

(A) Designation as a representative payee by:

(i) the Social Security Administration;

(ii) the United States Office of Personnel Management;

(iii) the United States Department of Veterans Affairs; or

(iv) the United States Railroad Retirement Board.

(B) Limited guardianship under IC 29-3.

(C) Guardianship of the person or estate under IC 29-3.

(D) The appointment of:

(i) a health care representative under IC 16-36-1-7; or

(ii) a power of attorney under IC 30-5.

(6) The periodic reassessment of each incapacitated individual.

(7) The provision of legal services necessary for the guardianship.

(8) The training and supervision of paid and volunteer staff.

(9) The establishment of other procedures and programs required by the division.

[Pre-1992 Revision Citation: 4-28-17-19.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.7; P.L.24-1997, SEC.27.

 

IC 12-10-7-9Audits

     Sec. 9. (a) Each provider is subject to periodic audit of the adult guardianship services program by an independent certified public accountant.

     (b) The results of the audit required under subsection (a) must be submitted to the division.

[Pre-1992 Revision Citation: 4-28-17-20.]

As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.8; P.L.24-1997, SEC.28.

 

IC 12-10-8Chapter 8. Repealed

[Pre-1992 Revision Citations:

12-10-8-1              formerly 4-28-17-1

12-10-8-2              formerly 4-28-17-10

12-10-8-3              formerly 4-28-17-11

12-10-8-4              formerly 4-28-17-12

12-10-8-5              formerly 4-28-17-13

12-10-8-6              formerly 4-28-17-14

12-10-8-7              formerly 4-28-17-15

12-10-8-8              formerly 4-28-17-16

12-10-8-9              formerly 4-28-17-17.]

Repealed by P.L.24-1997, SEC.66.

 

IC 12-10-9Chapter 9. Repealed

[Pre-1992 Revision Citations:

12-10-9-1              formerly 4-28-23-1 part

12-10-9-2              formerly 4-28-23-2 part

12-10-9-3              formerly 4-28-23-3 part

12-10-9-4              formerly 4-28-23-4 part

12-10-9-5              formerly 4-28-23-5

12-10-9-6              formerly 4-28-23-6

12-10-9-7              formerly 4-28-23-7

12-10-9-8              subsection (a) formerly 4-28-23-8(a) part; subsection (b) formerly 4-28-23-8(b) part; subsection (c) formerly 4-28-23-8(b) part

12-10-9-9              formerly 4-28-23-9

12-10-9-10            formerly 4-28-23-10

12-10-9-11            formerly 4-28-23-11.]

Repealed by P.L.24-1997, SEC.66.

 

IC 12-10-10Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program
           12-10-10-1"Case management"
           12-10-10-1.5"Activities of daily living"
           12-10-10-2"Community and home care services"
           12-10-10-3"Individual with a disability"
           12-10-10-4"Eligible individual"
           12-10-10-4.5"Long term care services eligibility screen"
           12-10-10-5"Program"
           12-10-10-6Establishment of program; administration; duties of division
           12-10-10-6.3Long term care eligibility screen; publication; public inspection
           12-10-10-6.5Restrictions on adoption of rules or criteria governing eligibility
           12-10-10-6.7Collaborative workgroup; development of policies
           12-10-10-7Agency conducting case management not to provide services; exception
           12-10-10-8Distribution of funds for home health services
           12-10-10-9Eligible individuals' relatives training program; reimbursement for provision of services by relative
           12-10-10-10Services funding; source
           12-10-10-11Reporting requirement; contents; submission to board and general assembly; funding
           12-10-10-12Negotiation of reimbursement rates
           12-10-10-13Area agencies on aging representative at board meeting; report

 

IC 12-10-10-1"Case management"

     Sec. 1. As used in this chapter, "case management" means a service conducted locally by an area agency on aging that includes the following:

(1) Assessment of an individual to determine the individual's functional impairment level and corresponding need for services.

(2) Development of a plan of care that:

(A) addresses an eligible individual's needs;

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

(C) is consistent with a person centered approach to client care.

(3) Supervision of the implementation of appropriate and available services for an eligible individual.

(4) Advocacy on behalf of an eligible individual's interests.

(5) Monitoring the quality of community and home care services provided to an eligible individual.

(6) Reassessment of the plan of care to determine the continuing need and effectiveness of the community and home care services provided to an eligible individual under this chapter.

(7) Provision of information and referral services to individuals in need of community and home care services.

[Pre-1992 Revision Citation: 4-28-6.1-2.]

As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.5; P.L.154-1995, SEC.1; P.L.87-2017, SEC.2.

 

IC 12-10-10-1.5"Activities of daily living"

     Sec. 1.5. As used in this chapter, "activities of daily living" refers to an activity described in the long term care services eligibility screen.

As added by P.L.150-1995, SEC.6.

 

IC 12-10-10-2"Community and home care services"

     Sec. 2. As used in this chapter, "community and home care services" means services provided within the limits of available funding to an eligible individual. The term includes the following:

(1) Homemaker services and attendant care, including personal care services.

(2) Respite care services and other support services for primary or family caregivers.

(3) Adult day care services.

(4) Home health services and supplies.

(5) Home delivered meals.

(6) Transportation.

(7) Attendant care services provided by a registered personal services attendant under