Treatment of rules adopted by state department of public

Ind. Code § 12-7-3-5, under Chapter 3. Effect of Previously Adopted Rules.

Ind. Code § 12-7-3-5

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(a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: (1) supersedes in whole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subsection (a), if a rule adopted by the state department of public welfare before January 1, 1992: (1) has not been superseded or repealed as provided in subsection (a); and (2) provides authority to the state department of public welfare that has been transferred to the division of disability and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. Amended by P.L.168-2018, SEC.6.