Title 12, HUMAN SERVICES

Sec. 17. (a) The office shall, under procedures established by the department of state revenue, file an application for the offset of state tax refunds due to a parent who: (1) is required by a court or an administrative order to provide coverage of the costs of health services t…

Sec. 17.5. The following may not advertise or otherwise market the Medicaid program: (1) A state agency. (2) A person that has contracted with the office of the secretary under the Medicaid program except to indicate their participation in the program. The secretary may adopt rul…

Sec. 18. The office shall use all funds that are appropriated to the office under 42 U.S.C. 1397ee to conduct activities allowed under 42 U.S.C. 1397bb(c)(1) in order to encourage children who are: (1) less than nineteen (19) years of age; (2) eligible for Medicaid; and (3) not e…

Sec. 18.5. (a) The payer affordability penalty fund is established for the purpose of receiving fines collected under IC 16-21-6-3, IC 27-1-4.5-7, IC 16-21-6-13, IC 16-21-19, IC 27-1-46.5, and IC 27-2-25.5 to be used for: (1) the state's share of the Medicaid program; and (2) a s…

Sec. 19. The office may, in administering managed care programs, contract with community entities, including private entities, for the following: (1) Outreach for and enrollment in the managed care programs. (2) Provision of services. (3) Consumer education and public health educ…

Sec. 2. A county office shall serve as an agent of the division of family resources. [Pre-1992 Revision Citation: 12-1-7-16(a) part.] As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.106; P.L.5-1993, SEC.119; P.L.145-2006, SEC.82.

Sec. 20. (a) The office shall implement a policy that allows the amount of Medicaid funds necessary to provide services to follow an individual who is transferring from institutional care to Medicaid home and community based care. (b) The amount may not exceed the amount that wou…

Sec. 20.2. The office shall develop, maintain, and use a computer system to store documents concerning the disproportionate share hospital payment program, the hospital care for the indigent program, and the hospital care for the indigent upper payment level program. The system m…

Sec. 20.4. (a) If a Medicaid recipient is: (1) adjudicated to be a delinquent child and placed in: (A) a community based correctional facility for children; (B) a juvenile detention facility; or (C) a secure facility, not including a facility licensed as a child caring institutio…

Sec. 21. Beginning January 1, 2012, the office and a contractor of the office shall operate a single electronic eligibility verification system that would allow the determination of whether an individual is participating in the state Medicaid program. As added by P.L.27-2011, SEC…

Sec. 21.2. (a) The budget agency shall develop a plan and seek federal approval to qualify services that are provided to assist exceptional learners in accessing or coordinating services, or both, under the state Medicaid plan. (b) The budget agency and the office of the secretar…

Sec. 21.7. (a) To the extent allowed by federal law, the office may use federal or state funds under the Medicaid program to pay premiums and other expenses related to a life insurance policy that is in force and owned by an applicant or a recipient who: (1) is: (A) at least fift…

Sec. 22. (a) The office shall visit a Medicaid provider's office, entity, or facility if: (1) the provider is categorized as high risk to the Medicaid program under 42 U.S.C. 1395cc(j)(2)(B) and 42 CFR 455.450; and (2) the provider's Medicaid claims have increased by at least fif…

Sec. 23. (a) Not later than November 1, 2023, the office shall: (1) develop a schedule for the periodic review of Medicaid reimbursement rates for each category of service that does not have a rate review frequency in state or federal code; and (2) provide the schedule developed …

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 24. (a) Except as required under federal law, the office of the secretary may not accept self-attestation of any of the following in the administration of …

Sec. 25. (a) Unless prohibited by federal law and on at least a monthly basis, the office of the secretary shall review the following to assess continuous eligibility of Medicaid recipients: (1) The following information maintained by the United States Social Security Administrat…

Sec. 3. The division of family resources shall supervise the county offices regarding services provided under this chapter. [Pre-1992 Revision Citation: 12-1-7-16(a) part.] As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.107; P.L.5-1993, SEC.120; P.L.145-2006, SEC.83.…

Sec. 4. (a) The office and the division of family resources shall formulate written protocols that specify the following: (1) That the county offices are responsible for all eligibility determinations made under the state Medicaid program. (2) That the office is responsible for p…

Sec. 5. (a) The office may enter into an agreement with the Commissioner of the United States Social Security Administration under which the Commissioner shall accept applications and make determinations of eligibility for Medicaid for individuals who are aged, individuals who ar…

Sec. 6. The office may pay to the Secretary of the United States Department of Health and Human Services one-half (1/2) of the administrative cost of carrying out the agreement. However, with respect to an individual eligible for benefits under the federal Supplemental Security I…

Sec. 7. The agreement under section 5 of this chapter must cover eligibility determinations after January 1, 1974. [Pre-1992 Revision Citation: 12-1-7-19.1(a) part.] As added by P.L.2-1992, SEC.9.

Sec. 8. An individual who receives assistance in one (1) of the adult categories before January 1, 1974, is not required to make a new application and is automatically covered by the plan while the individual remains eligible. [Pre-1992 Revision Citation: 12-1-7-19.1(a) part.] As…

Sec. 9. (a) If the state does not enter into a contract with the Secretary of the United States Department of Health and Human Services to administer the Medicaid program, a recipient must make an application for Medicaid to the county office of the county or district in which th…

Sec. 1. As used in this chapter, "affected agency" means any of the following: (1) The department of correction. (2) The Indiana department of health. (3) The division of mental health and addiction. (4) The division of disability, aging, and rehabilitative services. [Pre-1992 Re…

Sec. 2. As used in this chapter, "covered medical services" refers to medical services that meet the following qualifications: (1) Cost more than one hundred fifty dollars ($150). (2) Are provided to a committed individual or patient of an institution under the jurisdiction of an…

Sec. 3. (a) The division shall, with the advice of the division's medical staff, representatives of affected agencies, and other individuals selected by the director of the division, adopt rules under IC 4-22-2 to do the following: (1) Provide for prior review and approval of cov…

Sec. 4. (a) The division shall contract with the same contractor with which the office contracts under IC 12-15-30 to provide administrative and fiscal services to implement this chapter. (b) A contract for services is not subject to IC 5-22. [Pre-1992 Revision Citation: 12-5-7-5…

Sec. 5. Payment for covered medical services approved by the fiscal agent shall be paid: (1) from money for the Medicaid program if the requirements of IC 12-15 are met; or (2) if a payment cannot be made under subdivision (1), from a state appropriation either made for an affect…

Sec. 1. The division shall establish county offices of family resources in each county. [Pre-1992 Revision Citation: 12-1-3-1.] As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.157; P.L.5-1993, SEC.170; P.L.146-2008, SEC.392; P.L.44-2009, SEC.13.

Sec. 10. Subject to the rules adopted by the director of the division, a county office shall administer the following: (1) Assistance to dependent children in the homes of the dependent children. (2) Assistance and services to elderly persons. (3) Assistance to persons with disab…

Sec. 13. (a) A county office may sue and be sued under the name of "The Office of Family Resources of _____________ County". (b) The county office has all other rights and powers and shall perform all other duties necessary to administer this chapter. (c) A suit brought against a…

Sec. 15. (a) The division may receive and administer a gift, devise, or bequest of personal property, including the income from real property, that is to or for the benefit of an individual receiving payments or services through a county office. (b) The division shall establish a…

Sec. 16. (a) This section does not apply to money appropriated by the general assembly, including any federal grant. (b) The family resources trust clearance fund is established to administer money available to or for the benefit of an individual receiving payments or services th…

Sec. 18. (a) After petition to and with the approval of the judge of a court of the county where an applicant for or recipient of public assistance resides, a county office may take the actions described in subsection (b) if: (1) an applicant for public assistance is physically o…

Sec. 19. (a) A responsible person approved under section 18 of this chapter preferably must be a relative or friend of good moral character whose interest is limited to the well-being of the applicant or recipient. However, the responsible person may not be any of the following: …

Sec. 20. (a) A responsible person appointed under section 18 of this chapter shall make financial reports concerning the services provided by the responsible person at the time and in the manner prescribed by the court. A responsible person shall account to the court at least one…

Sec. 21. (a) Notwithstanding any other law, after December 31, 1999, a county may not impose any of the following: (1) A property tax levy for a county welfare fund. (2) A property tax levy for a county welfare administration fund. (b) Notwithstanding any other law, after Decembe…

Sec. 22. Each official and body responsible for the levying of taxes for the county must ensure that sufficient levies are made to meet the principal and interest on all bonds issued and loans made under this article before January 1, 2009, at the time fixed for the payment of th…

Sec. 3. The county director is the executive and administrative officer of the county office. [Pre-1992 Revision Citation: 12-1-3-3(a) part.] As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.158; P.L.5-1993, SEC.171; P.L.146-2008, SEC.394; P.L.44-2009, SEC.15.

Sec. 4. (a) A county director is entitled to receive as compensation for the county director's services an amount determined by the division that is within: (1) the lawfully established appropriations; and (2) the salary ranges of the pay plan adopted by the state personnel depar…

Sec. 5. (a) In addition to the compensation paid under this article, a county director may receive for each mile necessarily traveled in the discharge of the county director's duties the same amount per mile that other state employees receive. (b) A county director is also entitl…

Sec. 6. Before beginning the discharge of the county director's official duties, a county director must do the following: (1) Execute a bond payable to the state. The following apply to a bond executed under this section: (A) The bond must be conditioned on the faithful discharge…

Sec. 7. (a) The director of the division or the director's designee shall appoint the number of assistants necessary to administer the welfare activities within the county that are administered by the division under IC 12-13 through IC 12-19 or by an administrative rule. (b) The …

Sec. 8. The costs of personal services in the administration of a county office's duties described in section 7(a) of this chapter shall be paid by the division. [Pre-1992 Revision Citation: 12-1-3-8(a).] As added by P.L.2-1992, SEC.13. Amended by P.L.4-1993, SEC.160; P.L.5-1993,…

Sec. 9. (a) The division shall provide the necessary facilities to house the county office. (b) The division shall pay for the costs of the facilities, supplies, and equipment needed by each county office. [Pre-1992 Revision Citations: subsection (a) formerly 12-1-3-4(b) part; su…

Sec. 1. The purpose of this article is to provide necessary and prompt relief to the citizens and residents of Indiana. [Pre-1992 Revision Citation: 12-2-1-34 part.] As added by P.L.2-1992, SEC.14.