Title 12, TITLE 12. HUMAN SERVICES

Sec. 7. Within a reasonable time after receiving an order to conduct an examination and after the court submits the required supporting documents and certification of eligibility, the division shall do the following: (1) Report to the court the results of the examination. (2) Rec…

Sec. 8. If the court, acting on a 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 court shall sentence the individ…

Sec. 9. 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 do the following: (1) Place the individual on probation under IC 35-38-2 and under the supervision of the division for treatment.…

Sec. 0.3. (a) Actions taken under IC 12-8-8 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008. (b) Actions taken under…

Sec. 1. Subject to the approval of the governor, the secretary: (1) shall appoint each director; and (2) may terminate the employment of a director. As added by P.L.160-2012, SEC.19.

Sec. 2. (a) A director is the chief administrator of the director's division. (b) A director is responsible to the secretary for the operation and performance of the director's division. As added by P.L.160-2012, SEC.19.

Sec. 3. (a) The secretary is the appointing authority for the division. (b) The secretary may delegate a division director or other employee of the office of the secretary to make division appointments and decisions concerning current appointments. (c) Except as provided in subse…

Sec. 4. (a) The secretary may adopt rules under IC 4-22-2 relating to the operation of the division and to implement the programs of the division. (b) Whenever a division is required to adopt rules under IC 4-22-2, the secretary is the statutory authority that adopts the rules. (…

Sec. 6. A director is responsible for development and presentation of the budget of the director's division. As added by P.L.160-2012, SEC.19.

Sec. 1. As used in this chapter, "medical institution" means any of the following: (1) A hospital. (2) A nursing facility. (3) An intermediate care facility for individuals with intellectual disabilities. As added by P.L.178-2002, SEC.81. Amended by P.L.35-2016, SEC.37.…

As added by P.L.178-2002, SEC.81. Repealed by P.L.224-2003, SEC.80.

As added by P.L.178-2002, SEC.81. Repealed by P.L.224-2003, SEC.80.

Sec. 12. (a) This section applies: (1) after the death of a Medicaid recipient whose property; or (2) upon the sale of property that; is subject to a lien under this chapter. (b) A lien under this chapter is void if both of the following occur: (1) The owner of property subject t…

Sec. 13. (a) The office may contract with an attorney to obtain or enforce a lien under this chapter. (b) If the office contracts with an attorney under this section, the attorney's fees may not exceed: (1) seven and five-tenths percent (7.5%) of the office's recovery under the l…

Sec. 2. (a) When the office, in accordance with 42 U.S.C. 1396p, determines that a Medicaid recipient who resides in a medical institution cannot reasonably be expected to be discharged from a medical institution and return home, the office may obtain a lien on the Medicaid recip…

Sec. 3. The office may not obtain a lien under this chapter if any of the following persons lawfully reside in the home of the Medicaid recipient who resides in the medical institution: (1) The Medicaid recipient's spouse. (2) The Medicaid recipient's child who is: (A) less than …

Sec. 4. Before obtaining a lien on a Medicaid recipient's interest in real property under this chapter, the office shall notify in writing the Medicaid recipient and the Medicaid recipient's authorized representative, if applicable, of the following: (1) The office's determinatio…

Sec. 5. (a) The office shall obtain a lien under this chapter by filing a notice of lien with the recorder of the county in which the real property subject to the lien is located. The notice shall be filed prior to the recipient's death and shall include the following: (1) The na…

Sec. 6. (a) Beginning on the date on which a notice of lien is recorded in the office of the county recorder under section 5 of this chapter, the notice of lien: (1) constitutes due notice of a lien against the Medicaid recipient's real property for any amount then recoverable an…

Sec. 7. The office may bring proceedings in foreclosure on a lien arising under this chapter: (1) during the lifetime of the Medicaid recipient if the Medicaid recipient or a person acting on behalf of the Medicaid recipient sells the property; or (2) upon the death of the Medica…

Sec. 8. The office may not enforce a lien against a Medicaid recipient's home under this chapter as long as any of the following individuals reside in the home: (1) The recipient's child of any age if the child: (A) resided in the home for at least twenty-four (24) months before …

Sec. 9. (a) The office shall release a lien imposed under this chapter within ten (10) business days after the division of family resources receives notice that the Medicaid recipient: (1) is no longer living in the medical institution; and (2) has returned home to live. (b) The …

Medicaid Sec. 1. Notwithstanding any other provision of this article, the rate of payment for the services and materials provided by physicians and transportation providers under the hospital care for the indigent program is the same rate as payment for the same type of services …

As added by P.L.120-2002, SEC.25. Repealed by P.L.255-2003, SEC.55.

Sec. 1. An individual who believes the individual is a drug abuser may request the division or a facility approved by the division to provide the individual with treatment. As added by P.L.187-2015, SEC.18.

Sec. 2. Upon receipt of a request, the division or facility may require an examination of the individual to determine if: (1) the individual is a drug abuser; and (2) the individual should be admitted to an existing treatment facility or program. As added by P.L.187-2015, SEC.18.…

Sec. 3. The examination shall be conducted within a reasonable time of the receipt of a request. As added by P.L.187-2015, SEC.18.

Sec. 4. The decision of the facility whether to offer treatment to an individual and whether to discontinue treatment to an individual is final and not subject to appeal. As added by P.L.187-2015, SEC.18.

Sec. 1. The division shall, with the advice of the division's medical staff, the division of mental health and addiction, the division of aging, the division of disability and rehabilitative services, and other individuals selected by the director of the division, adopt rules und…

Sec. 2. To the extent possible, rules adopted under section 1 of this chapter must be consistent with IC 12-15-21-2 and IC 12-15-21-3. As added by P.L.120-2002, SEC.26.

safely discharged patients Sec. 3. The rules adopted under section 1 of this chapter must include rules that will deny payment for services provided to a patient after the patient is medically stable and can safely be discharged. As added by P.L.120-2002, SEC.26.

submitted claims Sec. 4. (a) The division shall adopt rules under IC 4-22-2 necessary to establish a statewide collection system of data concerning the hospital care for the indigent program. (b) The following data must be collected: (1) Patient demographics. (2) Types of service…

Sec. 5. The division may adopt rules under IC 4-22-2 that are in addition to and consistent with the rules required to be adopted under IC 12-16-6.5 governing appeals brought under the hospital care for the indigent program to the division. As added by P.L.120-2002, SEC.26.

As added by P.L.120-2002, SEC.26. Repealed by P.L.255-2003, SEC.55.

Sec. 1. (a) Except as provided in subsection (b), an individual who is: (1) an alcoholic; (2) incapacitated by alcohol; or (3) a drug abuser; may be involuntarily committed to the care of the division under IC 12-26. (b) A drug abuser who is charged with or convicted of an offens…

Sec. 2. (a) Acceptance of treatment for drug abuse under the supervision of the division may be made a condition of parole under IC 11-13-3-4. Failure to comply with treatment may be treated as a violation of parole. (b) The division shall establish the conditions under which a p…

Sec. 1. As used in this chapter, "institution" means any of the following: (1) A health facility licensed under IC 16-28 as a comprehensive care facility. (2) An intermediate care facility for individuals with intellectual disabilities. As added by P.L.274-2003, SEC.5. Amended by…

Sec. 2. (a) This chapter is subject to funding available to the office of the secretary of family and social services. (b) The secretary and the director of the state budget agency are responsible for ensuring that the cost of the services provided under this chapter does not exc…

services Sec. 3. The office of the secretary of family and social services shall establish a comprehensive program of home and community based long term care services to provide eligible individuals with care that is not more costly than services provided to similarly situated in…

Sec. 4. An individual who has resided in the state for at least ninety (90) days shall be eligible for the home and community based long term care services program if the individual: (1) participates in, or has been determined to be eligible for, the community and home options to…

Sec. 4.5. (a) As used in this section, "functional eligibility assessment" means a review of an individual's functional impairment level to determine whether an individual meets the eligibility requirements for the state's Medicaid aged and disabled waiver. (b) As used in this se…

Sec. 5. The state shall provide access to the following long term care services that are appropriate and needed for an individual who is eligible for these services under this chapter: (1) Any home and community based service that is available through: (A) the community and home …

Sec. 6. (a) The office of the secretary of family and social services shall annually determine any state savings generated by home and community based services under this chapter by reducing the use of institutional care. (b) The secretary shall annually report to the governor, t…

Sec. 7. When possible, the office of the secretary of family and social services shall make use of volunteers and volunteer groups, including faith based groups, when executing its duties under this chapter. As added by P.L.274-2003, SEC.5.

based services; limitations on office concerning assisted living services; rules Sec. 8. (a) As used in this chapter, "assisted living services" refers to services covered under a waiver and provided in any of the following entities: (1) A residential care facility licensed under…

Sec. 9. If the division performs inspections for compliance with state and federal home and community based services requirements, the division shall issue written findings to the person inspected not later than thirty (30) calendar days after the date of inspection. As added by …

Sec. 0.5. This chapter does not apply to a managed care organization that, on or before July 1, 2000, did not directly contract with a hospital (as defined in section 1 of this chapter) for the provision of services under the office's managed care program. As added by P.L.141-200…

Sec. 1. As used in this chapter, "hospital" refers to an acute care hospital provider that: (1) is licensed under IC 16-21; (2) qualifies as a disproportionate share hospital under IC 12-15-16; and (3) is the sole disproportionate share hospital in a city located in a county havi…

Sec. 10. A hospital and the managed care organization of the office shall use the arbitration procedure in section 8 of this chapter for the resolution of all disputed claims that have accrued as of March 17, 2000. As added by P.L.220-2011, SEC.265. Amended by P.L.152-2017, SEC.1…

Sec. 2. The office's managed care organization shall regard a hospital as a contracted provider in the office's managed care program, which provides a capitated prepayment managed care system, for the provision of medical services to each individual who: (1) is eligible to receiv…