Title 12, TITLE 12. HUMAN SERVICES

As added by P.L.120-2002, SEC.18. Repealed by P.L.145-2005, SEC.31.

allowable disproportionate share additional payments Sec. 4. To the extent permitted under federal statutes or regulations, patient days for patients under the hospital care for the indigent program shall be included in calculating allowable disproportionate share additional paym…

institutions Sec. 5. The hospital care for the indigent program does not apply to inmates and patients of institutions of the department of correction, the Indiana department of health, the division of mental health and addiction, the division of aging, or the division of disabil…

As added by P.L.120-2002, SEC.18. Repealed by P.L.255-2003, SEC.55.

Sec. 6.3. For purposes of this article, the following definitions apply to the hospital care for the indigent program: (1) "Assistance" means the satisfaction of a person's financial obligation under IC 12-16-7.5-1.2 for hospital items or services, physician services, or transpor…

As added by P.L.145-2005, SEC.4. Amended by P.L.1-2006, SEC.188. Repealed by P.L.212-2007, SEC.31; P.L.218-2007, SEC.52.

of rules, powers, duties, assets, and liabilities; treatment of references to; members Sec. 0.3. (a) The township assistance control board is a continuation of the township poor relief control board (renamed by P.L.73-2005). (b) The rules adopted by the township poor relief contr…

As added by P.L.220-2011, SEC.272. Repealed by P.L.197-2016, SEC.102.

Sec. 1. This chapter applies to each county having at least one (1) distressed township. [Pre-1992 Revision Citation: 12-2-14-1.] As added by P.L.2-1992, SEC.14.

Sec. 10. The township trustee shall serve as an advisor to the management committee and assist the management committee in carrying out the committee's duties under this chapter. [Pre-1992 Revision Citation: 12-2-14-8(a) part.] As added by P.L.2-1992, SEC.14.

Sec. 11. The management committee shall administer the township trustee's office until the committee has completed a financial and management evaluation of the trustee's office and reported the committee's findings to the control board under section 32 of this chapter. [Pre-1992 …

Sec. 12. At the time the governor appoints the members of the management committee, the governor shall also appoint a control board for the distressed township under section 29 of this chapter. [Pre-1992 Revision Citation: 12-2-14-8(d).] As added by P.L.2-1992, SEC.14. Amended by…

township assistance claims and committee operating costs from supplemental township assistance fund Sec. 13. (a) When the management committee is appointed, the distressed township is a controlled township until the requirements of section 41 of this chapter are met. (b) During t…

Sec. 15. (a) The management committee appointed under section 8 of this chapter shall do the following: (1) Conduct or have conducted a financial and compliance audit of the internal operations of the trustee's office. (2) Conduct or have conducted, to the extent practicable, a f…

Sec. 16. The management committee may be sued in the committee's own name. The management committee has the power to sue in the committee's own name and to defend an appeal from a determination made under section 28 of this chapter. [Pre-1992 Revision Citation: 12-2-14-11(b).] As…

Sec. 17. (a) The management committee may do the following: (1) Employ, promote, and remove employees of the trustee's office who perform township assistance duties as needed and, with the approval of the governor, fix their compensation. (2) Retain certified public accountants a…

Sec. 18. (a) The management committee and the control board shall adopt rules as required by sections 15 and 30 of this chapter. The management committee and the control board may each adopt rules to administer the township assistance program in a controlled township. IC 4-22-2 d…

prerequisite to assistance Sec. 19. (a) Notwithstanding any other provision of this article, an unemployed individual may not receive township assistance in a controlled township until the individual has registered for work at an office of the department of workforce development …

Sec. 2. As used in this chapter, "control board" refers to the township assistance control board. [Pre-1992 Revision Citation: 12-2-14-24(a) part.] As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.113.

Sec. 20. (a) The management committee shall assign a case number to each applicant who is qualified under section 18 of this chapter for township assistance from the township. (b) To the extent allowed by law, an individual's case number must be the individual's Social Security n…

Sec. 21. Notwithstanding IC 12-20-20, a claim may not be approved if the township assistance is provided during the period that the township is a controlled township and: (1) the township assistance claim is not presented for payment not more than sixty (60) days after the date t…

Sec. 22. (a) Sections 22 through 28 of this chapter create an exclusive administrative remedy for the payment of unpaid claims of creditors for the following goods and services that were provided under the authority of IC 12-2-1 (before its repeal) or this article before the town…

Sec. 23. The claim of a creditor is void if the creditor fails to file a statement of claims with the management committee not more than ninety (90) days after notice is given under section 24 or 25 of this chapter. [Pre-1992 Revision Citation: 12-2-14-18.] As added by P.L.2-1992…

Sec. 24. (a) The county auditor shall provide the management committee with the following: (1) The name, address, and voucher number of each creditor whose claims have not been paid. (2) An itemization of each creditor's claims against the distressed township. (b) The management …

Sec. 25. In addition to the notice required in section 24 of this chapter, the management committee shall publish a notice to all persons claiming to be creditors in two (2) newspapers of general circulation in the county. If there is only one (1) newspaper of general circulation…

Sec. 26. (a) Upon receipt of a statement of claims from a creditor, the management committee shall review and evaluate the validity and reasonableness of each claim. The management committee is not required to conduct a hearing under IC 4-21.5-3. (b) The management committee's ev…

Sec. 27. (a) Except as provided in section 52(3) of this chapter, if the management committee finds a claim to be valid and reasonable in whole or in part, the amount of the claim found to be valid and reasonable shall be paid from the distressed township's township assistance ac…

appeal Sec. 28. (a) A determination of the management committee concerning the validity and reasonableness of a claim is a final administrative determination. (b) A creditor aggrieved by a final determination of the management committee may appeal the determination by filing a pe…

Sec. 29. (a) A township assistance control board is established for each distressed township. The governor shall appoint the following members to the control board: (1) The budget director or the director's designee, who shall serve as the chairman of the board. (2) One (1) repre…

Sec. 3. As used in this chapter, "creditor" means a person that has a claim against the township resulting from providing assistance to an indigent individual as authorized by the township trustee under this article. [Pre-1992 Revision Citation: 12-2-14-2.] As added by P.L.2-1992…

Sec. 30. (a) The control board shall supervise the township trustee in the administration of township assistance. The control board may appoint one (1) of the board's members to monitor the trustee's compliance with this chapter and to report discrepancies to the control board. T…

Sec. 31. (a) The control board may adopt rules concerning the distribution of township assistance designed to reduce the cost and improve the delivery of township assistance. IC 4-22-2 does not apply to the rules. The rules may include provisions governing the following: (1) The …

Sec. 32. (a) As soon as the management committee has completed the financial, compliance, economy, and efficiency audits required by section 15 of this chapter, the management committee shall make a report to the control board. The report must include the following: (1) The findi…

Sec. 33. (a) Upon receipt of the report required in section 32 of this chapter, the control board shall adopt the following: (1) An operating budget for the trustee's office. (2) A financial plan that will ensure that future revenue will do the following: (A) Cover operating expe…

rejection of financial plan; inclusion of income tax Sec. 35. (a) The control board shall report the following to the county fiscal body: (1) The audit findings of the management committee. (2) The financial plan adopted under section 33 of this chapter. (b) Not more than thirty …

account Sec. 36. (a) Notwithstanding IC 6-1.1-17, if the county fiscal body: (1) adopts an ordinance under section 35(b)(2) of this chapter; or (2) fails to adopt an ordinance under section 35(b) of this chapter; the department shall reduce the county's general fund budget and in…

department of revenue; collection of tax Sec. 37. (a) If the county fiscal body adopts an ordinance adopting the control board's financial plan as provided in section 35 of this chapter and the plan includes a proposal to adopt a local income tax rate, the control board shall not…

Sec. 38. (a) If the county fiscal body adopts an ordinance adopting the control board's financial plan as provided in section 35 of this chapter and the plan includes a proposal to adopt the local income tax, the control board may request an advance of state general fund money in…

Sec. 39. The proceeds of the local income tax imposed under this chapter shall be deposited by the treasurer of state on behalf of the county into a separate local income tax account. The money in the account shall be disbursed as provided in section 38(b) of this chapter. [Pre-1…

Sec. 4. As used in this chapter, "distressed township" means: (1) a township that: (A) has a valid township assistance claim that the county auditor cannot pay within thirty (30) days after the claim is approved for payment under IC 12-2-1-31 (before its repeal) or IC 12-20-20; (…

Sec. 41. (a) As used in subsection (c), "advance" refers to money provided to a distressed township from the state general fund under section 38 of this chapter. (b) As used in subsection (c), "support" refers to money provided from the distressed township supplemental township a…

termination of controlled status; review and approval of civil and township assistance budgets; outstanding debt Sec. 42. (a) This section applies to a township that was certified a distressed township before January 1, 1988. (b) The controlled status of the distressed township i…

township assistance claims; dedication of other revenue Sec. 43. Notwithstanding IC 6-3.6, if: (1) there has been a controlled township in a county; (2) the township that has been controlled has levied the township's maximum permissible ad valorem property tax levy for township a…

of tax Sec. 44. (a) This section applies after the termination of the controlled status of all townships located in a county as provided in section 41 of this chapter. (b) If the local income tax is imposed under this chapter, the tax shall be distributed as provided in section 4…

Sec. 45. (a) Notwithstanding IC 6-3.6, after the termination of the controlled status of all townships located in a county as provided in section 41 of this chapter and if the local income tax is imposed under this chapter, the county fiscal body may adopt an ordinance to: (1) gr…

controlled status Sec. 46. After the termination of the controlled status of all townships located in a county as provided in section 41 of this chapter, if the local income tax is imposed under this chapter, any revenues from the local income tax imposed under this chapter shall…

Sec. 47. Rules established by the control board before the termination of a township's controlled status continue to govern the operations of the township trustee's office until the rules are modified or terminated by the township board. [Pre-1992 Revision Citation: 12-2-14-41.] …

Sec. 48. An audit or a report: (1) required to be made by this chapter; or (2) requested to be made by the management committee or the control board; is a public record. [Pre-1992 Revision Citation: 12-2-14-42.] As added by P.L.2-1992, SEC.14.

mandatory Sec. 49. Each distressed township shall take all action necessary to levy the maximum permissible ad valorem property tax levy for township assistance permitted under IC 6-1.1-18.5. If a distressed township fails to take this action, the department shall adjust, in the …

Sec. 5. As used in this chapter, "indebtedness" includes unpaid township assistance claims, outstanding bonds, and advancements from the county to the township for any purpose, if the advancement is not repayable in the year the advancement is made. [Pre-1992 Revision Citation: 1…