Title 12, TITLE 12. HUMAN SERVICES

[Pre-1992 Revision Citation: 12-2-10-1(b), (c).] As added by P.L.2-1992, SEC.14. Repealed by P.L.51-1996, SEC.77.

Sec. 3. (a) An expenditure of money may not be made under this chapter except after a specific appropriation made and approved in the manner provided by law. (b) An appropriation may not be made or approved unless a sufficient amount of money to cover the proposed expenditure is …

place; lawful circumstances Sec. 1. It is lawful for an individual to be under the influence of a controlled substance in a public place if the individual can present positive proof of the following: (1) The individual is under the care of the division, a community mental health …

for treatment of drug abuse; conditions Sec. 2. It is lawful to prescribe, dispense, or administer controlled substances for the treatment of drug abuse if the following conditions are met: (1) The controlled substances are used for the treatment or maintenance of a drug abuser. …

Sec. 1. Each division shall develop and implement an accounting and bookkeeping system for each state institution so that the cost of all institutional services provided to a patient can be determined. [Pre-1992 Revision Citation: 16-14-5.5-3 part.] As added by P.L.2-1992, SEC.18…

payment period Sec. 10. The appropriate division shall issue to any party liable under this chapter for any type of psychiatric service statements of sums due as maintenance charges. The division shall require the liable party to pay monthly, quarterly, or otherwise as may be arr…

Sec. 11. The estate of a patient who receives care, treatment, maintenance, or any other service furnished by the division at the state's expense is liable for payment of the charges as determined under this chapter for the service. The estate is exempt from the requirements of s…

Sec. 2. A patient, patient's parents, patient's legal guardians, or patient's other responsible relatives may be charged only for services and treatment provided. [Pre-1992 Revision Citation: 16-14-5.5-3 part.] As added by P.L.2-1992, SEC.18.

[Pre-1992 Revision Citations: subsection (a) formerly 16-14-18.1-2(a); 16-14-18.1-3(c); subsection (b) formerly 16-14-18.1-2(b).] As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.

liability for payment Sec. 4. (a) Each state institution shall establish a charge structure for institutional services and treatment. The charge structure must be approved by the director of the division before July 1 of each year and, once approved, the charge structure must be …

for the provision of special education Sec. 5. (a) Except as provided in section 6 of this chapter, whenever placement of a student with a disability (as defined in IC 20-35-1-8) in a state institution is necessary for the provision of special education for that student, the cost…

county office Sec. 6. The department of child services is responsible for the cost of treatment or maintenance of a child under the department's custody or supervision who is placed in a state institution only if the cost is reimbursable under the state Medicaid program under IC …

Sec. 7. If a patient in a state institution has insurance coverage that covers hospitalization or medical services in psychiatric hospitals, all benefits under the insurance coverage shall be assigned to the appropriate division. [Pre-1992 Revision Citation: 16-14-18.1-3(d).] As …

[Pre-1992 Revision Citation: 16-14-18.1-3(e).] As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.

[Pre-1992 Revision Citation: 16-14-18.1-3(f).] As added by P.L.2-1992, SEC.18. Repealed by P.L.187-2007, SEC.15.

Sec. 1. The superintendent of a facility may grant a committed individual a leave of absence from confinement in the facility for a period designated by the superintendent if the superintendent or an attending physician determines that the leave of absence is in the best interest…

court Sec. 2. Upon the discharge of an individual committed under this article, the superintendent of the facility shall notify the committing court of the date of the discharge. The court shall make an entry on the record indicating the date of discharge. [Pre-1992 Revision Cita…

Sec. 1. As used in this chapter, "bill payer" means a person appointed by the secretary or the secretary's designee under this chapter to provide one (1) or more of the following services in order to assist a low income individual who is able to make responsible decisions about f…

Sec. 10. The bureau may enter into a memorandum of understanding with legal counsel for an association that represents the interests of retired persons to obtain assistance for the representative payee and bill payer program. As added by P.L.141-1993, SEC.1.

assistance, and monitoring by bureau Sec. 11. (a) The bureau may enter into memoranda of understanding with local representative payee and bill payer program sponsors allowing local sponsors to administer a local representative payee and bill payer program with the bureau assisti…

Sec. 12. The bureau may do any of the following: (1) Monitor: (A) representative payees and bill payers; and (B) local program sponsors. (2) Audit any transaction of a representative payee and bill payer. (3) Review bank statements and cancelled checks for accounts managed by rep…

Sec. 2. As used in this chapter, "representative payee" means a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs, or the United States Railroad Retirement Board…

Sec. 3. The division may establish, within the bureau, a representative payee and bill payer program to assist low income individuals who: (1) are not able to manage their financial matters; and (2) do not have relatives or friends to assist them in managing their financial matte…

Sec. 4. The bureau may administer the program. The bureau may provide staff and logistical support for the program, including office space, telephone communications, office supplies, and postage. As added by P.L.141-1993, SEC.1.

Sec. 5. The bureau may provide for the training of representative payees and bill payers. As added by P.L.141-1993, SEC.1.

As added by P.L.141-1993, SEC.1. Repealed by P.L.24-1997, SEC.66.

services Sec. 7. The bureau may assist representative payees and bill payers and may negotiate bank services for the program. As added by P.L.141-1993, SEC.1.

clients Sec. 8. The bureau may designate volunteers, who may be representative payees or bill payers, as public liaisons to inform interested agencies and persons about the program and to undertake to increase public awareness of the program and referral of potential clients to t…

Sec. 9. A person acting as a representative payee or a bill payer is considered to be acting in a fiduciary capacity and is liable for acts or omissions constituting a breach of fiduciary duties imposed by law. As added by P.L.141-1993, SEC.1.

Sec. 1. As used in this chapter, "ABLE account" refers to an achieving a better life experience (ABLE) account established by an eligible individual that: (1) is maintained under a qualified ABLE program; and (2) meets the requirements of Section 529A of the Internal Revenue Code…

chairperson; reimbursement; quorum Sec. 10. (a) The ABLE board of the authority is established. The board consists of the following: (1) The following four (4) ex officio members: (A) The treasurer of state. (B) The secretary of family and social services. (C) The budget director…

of the board Sec. 10.5. The treasurer of state, as chairperson of the board, shall administer, manage, and direct the affairs of the board under the policies and direction of the board. In carrying out these duties, the chairperson may do the following: (1) Approve all accounts f…

Sec. 11. (a) The board may: (1) employ a manager, who is not a member of the board; and (2) delegate necessary and appropriate functions and authority to the manager. (b) The board has the powers necessary and appropriate to carry out and effectuate the purposes of this chapter, …

Sec. 12. (a) The authority shall do the following: (1) Provide the board and each member, officer, employee, consultant, counsel, and agent of the authority or the board a defense in a suit arising out of the performance of duties for or on behalf of the authority or the board, i…

Sec. 13. (a) The authority may accept gifts, bequests, donations, and devises of personal and real property: (1) as trustees for the maintenance, use, or benefit of the authority, the qualified ABLE program, or the endowment fund; or (2) to be administered for other public or cha…

proceedings; custodian Sec. 14. A person designated by resolution of the authority: (1) shall keep a record of the proceedings of the authority; (2) shall be custodian of: (A) all books, documents, and papers filed with the authority; and (B) the minutes book or journal of the au…

Sec. 15. Before the adoption and implementation of a qualified ABLE program: (1) the chairperson; (2) the vice chairperson; (3) the manager; and (4) any officer elected by the authority or member of the authority authorized by resolution to handle funds or sign checks; shall exec…

conflicts by member Sec. 16. Notwithstanding any other law, it is not a conflict of interest or violation of any other law for a person to serve as a member of the authority. However, a member shall disclose a conflict of interest relating to actions of the authority as required …

Sec. 17. The following are established: (1) The general operating fund. (2) The endowment fund. (3) The trust fund and, in the trust fund, the following: (A) The administrative account. (B) The program account. As added by P.L.12-2016, SEC.8.

Sec. 18. The authority shall establish and implement investment policies in accordance with IC 5-13 for the following: (1) Money in the general operating fund. (2) Money in the administrative account. (3) Any other money of the authority other than money in: (A) the endowment fun…

Sec. 19. The board shall establish and implement investment policies for money in: (1) the endowment fund; and (2) the program account; for investment in the manner provided by IC 30-4-3-3. As added by P.L.12-2016, SEC.8.

Sec. 2. As used in this chapter, "authority" refers to the achieving a better life experience (ABLE) authority created by section 9 of this chapter. As added by P.L.12-2016, SEC.8.

property; trust Sec. 20. The trust fund and other property of the authority must be preserved, invested, and expended only under this article and may not be used for any other purpose. The trust fund shall be held in trust for account owners and account beneficiaries. As added by…

Sec. 21. Criteria for management of assets in the trust fund, including investment of assets, must provide for both asset protection and income growth while providing for the actuarial soundness of the trust fund. As added by P.L.12-2016, SEC.8.

Sec. 22. (a) General operating, administrative, and capital expenses of the authority may be paid from amounts appropriated for those purposes by the general assembly. Appropriations must be deposited in either the administrative account or the general operating fund, as the boar…

Sec. 23. (a) The funds, accounts, management, and operations of the authority are subject to annual audit by an independent public accounting firm retained by the board. (b) The authority shall promptly transmit copies of each annual audit to the governor and in an electronic for…

ABLE account Sec. 24. (a) All ABLE accounts and all earnings or interest on ABLE accounts are exempt from taxation in Indiana to the extent that those accounts, earnings, and interest are exempt from federal taxation under the Internal Revenue Code, subject to any penalties that …

Sec. 3. As used in this chapter, "board" refers to the ABLE board of the authority established by section 10 of this chapter. As added by P.L.12-2016, SEC.8.

Sec. 4. As used in this chapter, "contracting state" means a state that has entered into a contract with Indiana to: (1) provide residents of the contracting state access to Indiana's qualified ABLE program; or (2) provide residents of Indiana access to the contracting state's qu…

Sec. 5. As used in this chapter, "designated beneficiary" means the eligible individual who has established an ABLE account and is the owner of the account. As added by P.L.12-2016, SEC.8.