Title 12, HUMAN SERVICES

Sec. 6. (a) For purposes of IC 4-15-10.5 and IC 4-21.5, the secretary is the ultimate authority for the state Medicaid applicant and eligibility appeals. (b) The secretary shall adopt rules under IC 4-22-2 to specify any additional necessary procedures for administrative review o…

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 …

Sec. 8. The office and the division of disability, aging, 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 disabil…

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. …

Sec. 1. If the division determines that a person is not eligible for assistance for services, an affected person, or provider may appeal to the division not later than ninety (90) days after the mailing of notice of that determination to the affected person or provider to the las…

Sec. 1.2. (a) If the division determines that an item or service identified in a claim: (1) was not necessitated by one (1) or more of the medical conditions listed in IC 12-16-3.5-1(a)(1) through IC 12-16-3.5-1(a)(3) or IC 12-16-3.5-2(a)(1) through IC 12-16-3.5-2(a)(3); or (2) w…

Sec. 1.5. Subject to IC 12-16-5.5-3(c), if the division fails to complete an investigation and determination of a person's eligibility for the hospital care for the indigent program not later than forty-five (45) days after receipt of the application filed under IC 12-16-4.5, the…

Sec. 1.7. Subject to IC 12-16-5.5-3.2(c), if the division fails to complete an investigation and determination of one (1) or more health care items or services identified in a claim within forty-five (45) days after receipt of the claim filed under IC 12-16-4.5, the item or servi…

Sec. 3. The division shall fix a time and place for a hearing before a hearing officer appointed by the director of the division. As added by P.L.120-2002, SEC.22.

Sec. 4. A notice of the hearing shall be served upon all persons interested in the matter, including any affected provider, at least twenty (20) days before the time fixed for the hearing. As added by P.L.120-2002, SEC.22. Amended by P.L.255-2003, SEC.33; P.L.212-2007, SEC.24; P.…

Sec. 5. (a) If the division receives an application that was filed on behalf of a person under IC 12-16-4.5, the division shall determine: (1) the eligibility of the person for assistance under the hospital care for the indigent program; and (2) if the health care items or servic…

Sec. 6. A person, hospital, physician, or transportation provider aggrieved by a determination of an appeal taken under section 1 or 1.2 of this chapter may appeal the determination under IC 4-21.5. As added by P.L.120-2002, SEC.22. Amended by P.L.145-2005, SEC.22.

Sec. 7. (a) The division shall adopt rules under IC 4-22-2 that provide for an administrative appeal procedure that is responsive to the needs of patients and providers. (b) The procedure must provide for the following: (1) The location of hearings. (2) The presentation of eviden…

Sec. 1. If: (1) a court has reason to believe that an individual charged with an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; (2) the court finds that the individual is eligible to make the request for tre…

Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment. As added by P.L.187-2015, SEC.15.

Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be: (1) continued without final disposition; and (2) dismissed if the division certifies to the court that the individual h…

Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney. (b) If, before the supervisory period expir…

Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care. As added by P.L.187-2015, SEC.15.

Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of m…

Sec. 2. In offering an individual an opportunity to request treatment, the court shall advise the individual of the following: (1) If the individual requests to undergo treatment and is accepted, the individual may be placed under the supervision of the division for a period not …

Sec. 3. If an eligible individual requests to undergo treatment, the court may order the division to conduct an examination of the individual to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment. As added by P.L.…

Sec. 4. The court may deny a request if after conducting a pretrial or preplea investigation the court finds the individual would not qualify under the criteria of the court to be released on probation if convicted. As added by P.L.187-2015, SEC.15.

Sec. 5. If a request is granted, the court shall do the following: (1) Certify to the division that the individual may request treatment. (2) Transmit to the division the following: (A) A summary of the criminal history of the individual. (B) A copy of the report of all backgroun…

Sec. 6. Within a reasonable time after receiving an order to conduct an examination, together with the court's certification of eligibility and required supporting documents, the division shall report to the court the results of the examination and recommend if an individual shou…

Sec. 7. If the court, acting on the report and other information coming to the court's attention, determines that: (1) an individual is not a drug abuser or an alcoholic; or (2) the individual is not likely to be rehabilitated through treatment; the individual may be held to answ…

Sec. 8. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may, with the consent of the prosecuting attorney: (1) defer the trial; or (2) without a jury, conduct the trial of the individual bu…

Sec. 9. The court may require progress reports on an individual that the court finds necessary. As added by P.L.187-2015, SEC.15.

Sec. 0.4. As used in this chapter, "CCDF" refers to the federal Child Care and Development Fund program administered under 45 CFR 98 and 45 CFR 99. As added by P.L.92-2024, SEC.10.

Sec. 0.5. As used in this chapter, "child care employee" means an individual who: (1) receives compensation as a full-time employee of an entity licensed or regulated under this article, as determined by the office; or (2) receives compensation as a part-time employee of an entit…

Sec. 0.6. As used in this chapter, "child of a child care employee" means an individual who: (1) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a prekindergarten voucher is sought for the individual under the p…

Sec. 1. As used in this chapter, "eligible child" refers to an individual who: (1) in the case of an individual who is enrolled before May 1, 2025: (A) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a grant is …

Sec. 10. The office shall apply for any available waivers under the federal CCDF voucher program and the federal Head Start program. As added by P.L.202-2014, SEC.2. Amended by P.L.92-2024, SEC.23.

Sec. 11. The receipt of a prekindergarten voucher under the prekindergarten program does not qualify, nor have an effect on the qualification or eligibility, of a child for a choice scholarship under IC 20-51-4. As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.28; P.…

Sec. 12. (a) At least once every five (5) years, the office, in cooperation with the department of education, shall carry out a longitudinal study of students who participate in the prekindergarten program to determine the achievement levels of those students in kindergarten and …

Sec. 13. (a) The office shall, before November 1 of each year, submit a report to the governor, the budget committee, the state board of education, the department of education, and, in an electronic format under IC 5-14-6, the general assembly regarding the prekindergarten progra…

Sec. 13.1. The office shall post monthly on the office's website the total enrollment of and number of prekindergarten vouchers awarded to: (1) eligible children; (2) limited eligibility children; and (3) children of child care employees; for each county that participates in the …

Sec. 13.5. (a) The prekindergarten program fund is established to: (1) provide prekindergarten vouchers to eligible children, limited eligibility children, and children of child care employees for qualified early education services under this chapter; (2) carry out the longitudin…

Sec. 2. As used in this chapter, "eligible provider" refers to a provider that satisfies the following conditions: (1) The provider is: (A) a: (i) child care center licensed under IC 12-17.2-4; (ii) child care home licensed under IC 12-17.2-5; or (iii) child care ministry registe…

Sec. 2.1. As used in this chapter, "extended enrollment period" refers to the period set forth by the office beginning not later than June 1 of each calendar year. As added by P.L.268-2019, SEC.3.

Sec. 2.5. As used in this chapter, "limited eligibility child" refers to an individual who: (1) is at least four (4) years of age and less than five (5) years of age on August 1 of the state fiscal year for which a prekindergarten voucher is sought for the individual under the pr…

Sec. 3. As used in this chapter, "office" means the office of the secretary of family and social services. As added by P.L.202-2014, SEC.2.

Sec. 4. As used in this chapter, "paths to QUALITY program" has the meaning set forth in IC 12-17.2-2-14.2(b). As added by P.L.202-2014, SEC.2.

Sec. 4.7. As used in this chapter, "fund" refers to the prekindergarten program fund established by section 13.5 of this chapter. As added by P.L.184-2017, SEC.15. Amended by P.L.246-2023, SEC.9.

Sec. 5. As used in this chapter, "prekindergarten program" refers to the prekindergarten program established under section 7 of this chapter. As added by P.L.202-2014, SEC.2. Amended by P.L.184-2017, SEC.16; P.L.246-2023, SEC.10.

Sec. 5.5. As used in this chapter, "potential eligible provider or existing eligible provider" refers to an entity that qualifies as a potential eligible provider or existing eligible provider under section 7.4(a) of this chapter. As added by P.L.184-2017, SEC.17.

Sec. 5.7. As used in this chapter, "priority enrollment period" refers to the period set forth by the office beginning not later than April 1 of each calendar year, except for calendar year 2024, during which the priority enrollment period may begin later than April 1, 2024. As a…