Title 12, HUMAN SERVICES

Sec. 5. Money in the fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.273-1999, SEC.177.

Sec. 1. As used in this chapter, "autism" means 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.…

Sec. 2. The Developmental Training Center at Indiana University in Bloomington shall operate an autism resource center to be known as the Indiana resource center for autism. [Pre-1992 Revision Citation: 4-28-24-2.] As added by P.L.2-1992, SEC.5. Amended by P.L.210-2015, SEC.23.…

Sec. 3. (a) The Indiana resource center for autism in cooperation with the appropriate state agencies shall do the following: (1) Provide informational services about autism. (2) Provide an information system for services provided to individuals with autism and their families by …

Sec. 1. As used in this chapter, "center for independent living" means a consumer controlled, community based, cross-disability, nonresidential private nonprofit agency that: (1) is designed and operated within a local community by individuals with disabilities; and (2) provides …

Sec. 1.5. As used in this chapter, "commissioner" means the commissioner of the Rehabilitation Services Administration in the United States Department of Education. As added by P.L.217-2005, SEC.5.

Sec. 10. (a) The council has the powers and duties specified in this chapter. (b) The council may do the following: (1) Jointly develop and sign the state plan in conjunction with the designated state unit. (2) Monitor, review, and evaluate the implementation of the state plan. (…

Sec. 11. The division shall prepare the state plan that must be submitted to the commissioner. As added by P.L.217-2005, SEC.19.

Sec. 12. The division may award grants to any eligible center for independent living with funds that the division receives under Title VII, Part B of the federal act. As added by P.L.217-2005, SEC.20.

Sec. 13. The council and the division shall jointly appoint a peer review committee to make recommendations for grants to new organizations eligible to be centers for independent living. As added by P.L.217-2005, SEC.21.

Sec. 14. A center for independent living is eligible to receive money under this chapter as long as the center complies with the standards and assurances required under Section 725 of the federal act. A center that receives only state or federal funds under Title VII, Part B of t…

Sec. 15. A center for independent living that receives money under this chapter shall comply with the standards and assurances required under the state plan and Section 725 of the federal act. The center for independent living shall provide the required assurances to the division…

Sec. 16. (a) If: (1) there is no center for independent living serving a region of Indiana or a region of Indiana is underserved; and (2) the state receives an increase in its federal allotment that is sufficient to support an additional center for independent living in Indiana; …

Sec. 17. (a) The division shall periodically review each new center for independent living that receives: (1) money under Title VII, Part B of the federal act; or (2) a grant under this chapter; to determine whether the center is in compliance with the standards and assurances se…

Sec. 2. As used in this chapter, "consumer control" means, with respect to a center for independent living or an eligible agency: (1) that the center or eligible agency vests power and authority in individuals with disabilities, including individuals who are or have been recipien…

Sec. 2.5. As used in this chapter, "council" means the statewide independent living council established by section 6 of this chapter. As added by P.L.217-2005, SEC.7.

Sec. 3. As used in this chapter, "cross-disability" means, with respect to a center for independent living, that a center provides independent living services to individuals representing a range of significant disabilities and does not require the presence of one (1) or more spec…

Sec. 3.2. As used in this chapter, "federal act" refers to the Federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) and amendments to that statute. As added by P.L.217-2005, SEC.8.

Sec. 3.4. As used in this chapter, "individual with a disability" means an individual who: (1) has a physical or mental impairment that substantially limits a major life activity; (2) has a record of an impairment described in subdivision (1); or (3) is regarded as having an impa…

Sec. 3.6. As used in this chapter, "individual with a significant disability" means an individual who has a significant physical or mental impairment that substantially limits the individual's ability to: (1) function independently in the family or community; or (2) obtain, maint…

Sec. 3.8. As used in this chapter, "state plan" means the materials jointly developed and submitted by the council and the division to the commissioner containing the state's proposals for the following: (1) The proposal for providing independent living services with federal fund…

Sec. 4. (a) Any provision of this chapter that violates a federal law or federal regulation is void. (b) To be eligible to receive state funds, a center for independent living must meet the requirements for federal funding for a center for independent living under: (1) 29 U.S.C. …

Sec. 5. The division is designated as the state unit under Title VII of the federal act and has the following responsibilities: (1) To receive, account for, and disburse funds received by the state under the federal act based on the state plan. (2) To provide administrative assis…

Sec. 6. (a) There is established a statewide independent living council. The council is not a part of a state agency. (b) The council consists of at least eleven (11) members appointed by the governor, including the following: (1) At least one (1) director of a center for indepen…

Sec. 7. (a) Each member of the council who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in c…

Sec. 8. (a) A member appointed to the council by the governor serves a term of three (3) years, beginning on July 1 after appointment. However, a member appointed to fill a vacancy on the council serves for the remainder of the unexpired term. (b) A member appointed to the counci…

Sec. 9. If a vacancy occurs among the voting members of the council, the original appointing authority shall appoint a qualified individual to serve for the unexpired term of the vacating member. As added by P.L.217-2005, SEC.17.

Sec. 1. If: (1) an application is not acted upon by the county office within a reasonable time after the filing of the application; (2) an application is denied; or (3) assistance previously granted is modified or revoked; the applicant may appeal to the division in the manner an…

Sec. 10. Assistance granted under this article to a dependent child shall be reconsidered by the county office as frequently as required by rules adopted under IC 4-22-2 by the director of the division. [Pre-1992 Revision Citation: 12-1-7-10 part.] As added by P.L.2-1992, SEC.8. …

Sec. 2. The division shall, upon receipt of an appeal, give the applicant an opportunity for a fair hearing. [Pre-1992 Revision Citation: 12-1-7-9 part.] As added by P.L.2-1992, SEC.8.

Sec. 3. The division may do the following: (1) Review a decision of a county office. (2) Consider an application upon which a decision has not been made by the county office within a reasonable time. [Pre-1992 Revision Citation: 12-1-7-9 part.] As added by P.L.2-1992, SEC.8. Amen…

Sec. 4. The county office may conduct further investigations if the division requires investigation or the county office believes further investigation is necessary. [Pre-1992 Revision Citation: 12-1-7-10 part.] As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.81; P.L.5-…

Sec. 5. If after further investigation the division or the county office finds that a child's circumstances have altered sufficiently to warrant the action, the amount of assistance may be: (1) changed; or (2) entirely withdrawn. [Pre-1992 Revision Citation: 12-1-7-10 part.] As a…

Sec. 6. The county office may: (1) cancel; (2) revoke; or (3) suspend; assistance at any time that a child becomes ineligible for assistance under this article. [Pre-1992 Revision Citation: 12-1-7-10 part.] As added by P.L.2-1992, SEC.8. Amended by P.L.4-1993, SEC.83; P.L.5-1993,…

Sec. 7. Whenever assistance is: (1) canceled; (2) revoked; (3) suspended; or (4) in any way changed; the county office shall report the decision and the record of the investigation to the division immediately. [Pre-1992 Revision Citation: 12-1-7-10 part.] As added by P.L.2-1992, …

Sec. 8. A decision under IC 12-14-1 through IC 12-14-8 is subject to review by the division. [Pre-1992 Revision Citation: 12-1-7-10 part.] As added by P.L.2-1992, SEC.8. Amended by P.L.273-1999, SEC.86; P.L.10-2019, SEC.58.

Sec. 9. A decision of the division that complies with this article: (1) is binding on the county office involved; (2) shall be complied with by the county office; and (3) has the same force and effect as decisions of the county office from which appeals are not taken. [Pre-1992 R…

Sec. 1. Whenever: (1) the office pays medical expenses for or on behalf of a person who has been injured or has suffered an illness or a disease as a result of the negligence or act of another person; and (2) the injured or diseased person asserts a claim against the other person…

Sec. 2. Whenever: (1) the office pays for medical expenses or renders medical services on behalf of a person who has been injured or has suffered an illness or a disease; and (2) the person asserts a claim against an insurer as a result of that person's injury, illness, or diseas…

Sec. 3. A lien under this chapter is not effective unless the office takes the following actions before the party alleged to be liable has concluded a final settlement with the injured, ill, or diseased person or the person's attorney or legal representative as compensation for t…

Sec. 4. In addition to the requirements of section 3 of this chapter, the office shall send a copy of the notice required by section 3(1) of this chapter to the following persons or entities if the appropriate names and addresses can be determined: (1) The injured, ill, or diseas…

Sec. 5. Not more than twenty-one (21) days after the filing of the notice required under section 3(1) of this chapter, the office shall send to persons or entities listed in section 4(1) and 4(3) of this chapter an itemized statement of the medical expenses paid by the office for…

Sec. 6. (a) The office may, on behalf of an injured, an ill, or a diseased person and to perfect a lien provided by this chapter, initiate and prosecute an action or a proceeding against a: (1) person; (2) firm; (3) corporation; or (4) limited liability company; who may be liable…

Sec. 7. If the office recovers money under a lien established by this chapter and the recovery is the result of a claim asserted by an injured, an ill, or a diseased person, the office shall pay the office's pro rata share of all costs and reasonably necessary expenses incurred i…

Sec. 8. (a) This section does not apply to a lien on a Medicaid recipient's real property under IC 12-15-8.5. (b) This section applies only to a lien on a recovery under section 1 or section 2 of this chapter. (c) The office shall pay attorney's fees in the amount of one (1) of t…

Sec. 9. (a) The office may waive the office's right to assert a lien under this chapter. (b) If the office does waive the right to a lien, the office is not liable for a pro rata share of costs under section 7 of this chapter. [Pre-1992 Revision Citation: 12-1-7-24.6(h).] As adde…