Title 12, TITLE 12. HUMAN SERVICES

Sec. 10. (a) The division may grant a variance or waiver of a rule governing a provider. A variance or waiver granted under this section must promote statewide practices and must protect the rights of persons affected by this article. (b) The division may grant a variance to a ru…

Sec. 11. A waiver or variance granted under section 10 of this chapter and a waiver or variance renewed under section 12 of this chapter expires on the earlier of the following: (1) The date when the license affected by the waiver or variance expires. (2) The date set by the divi…

Sec. 12. (a) If the division determines that a waiver or variance expiring under section 11 of this chapter will continue to serve the public interest, the division may do the following: (1) Renew the waiver or variance without modifications. (2) Renew and modify the waiver or va…

As added by P.L.205-2013, SEC.210 and P.L.287-2013, SEC.5. Repealed by P.L.2-2014, SEC.66; P.L.2-2014, SEC.67.

Sec. 14.2. (a) As used in this section, "program" refers to the paths to QUALITY program established by subsection (b). (b) The paths to QUALITY program is established. The program is a voluntary child care facility quality rating and improvement system implemented by the divisio…

history background check; division prohibited from releasing records Sec. 14.4. (a) The state police department shall release the results of a national criminal history background check conducted in accordance with this article to the division. (b) The division may not release re…

Sec. 2. The division may do the following: (1) Prescribe forms for reports, statements, notices, and other documents required by this article or by the rules adopted under this article. (2) Increase public awareness of this article and the rules adopted under this article by prep…

Sec. 3. (a) The division of family resources child care fund is established for the purpose of providing training and facilitating compliance with and enforcement of this article. The fund shall be administered by the division. (b) The fund consists of the fees and civil penaltie…

Sec. 4. (a) The division shall adopt rules under IC 4-22-2 concerning the licensing and inspection of child care centers and child care homes after consultation with the following: (1) Indiana department of health. (2) Fire prevention and building safety commission. (b) The rules…

Sec. 5. (a) The division shall adopt rules under IC 4-22-2 to govern the inspection of child care ministries under this article. The rules must provide standards for sanitation. (b) A child care ministry shall comply with rules established by the division for child care ministrie…

Sec. 5.5. (a) Notwithstanding IC 12-7-2-149.1, as used in this section, "provider" means a person who provides child care under this article. (b) When the division adopts an administrative rule or a policy statement to administer this article, the division shall make the administ…

Sec. 6. (a) The division shall monitor entities licensed under this article for the continued compliance with this article and the rules adopted by the division. (b) The division shall conduct monitoring activities that include onsite inspections, record reading, observation, and…

Sec. 7. The division shall investigate complaints to determine possible noncompliance with the rules adopted by the division. The licensee is entitled to add comments concerning a complaint to the licensing file. The division shall consider all formal complaints against a license…

Sec. 8. The division shall exempt from licensure the following programs: (1) A program for children enrolled in grades kindergarten through 12 that is operated by the department of education or a public or private school. (2) A program for children who become at least three (3) y…

Sec. 9. (a) A program operated to serve migrant children that is exempted under section 8(6) of this chapter and is certified by the United States Department of Health and Human Services shall be: (1) granted a provisional license by the division, for a limited period not to exce…

Sec. 1. The secretary shall administer the children's health insurance program through the office of Medicaid policy and planning. As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.51.

Sec. 10. (a) The office may establish a program to subsidize employer sponsored coverage for: (1) eligible individuals; and (2) the families of eligible individuals; consistent with federal law. (b) If the office establishes a program under subsection (a), the employer sponsored …

Sec. 11. (a) The secretary shall adopt rules under IC 4-22-2 to implement the program. (b) The secretary may adopt emergency rules under IC 4-22-2-37.1 to implement the program on an emergency basis. (c) A rule adopted before April 15, 2016, by the office of children's health ins…

Sec. 12. Not later than April 1, the office shall provide a report describing the program's activities during the preceding calendar year to the: (1) budget committee; (2) legislative council; (3) children's health policy board established by IC 4-23-27-2; and (4) interim study c…

Sec. 2. The secretary, through the office, shall design and administer a system to provide health benefits coverage for children eligible for the program. As added by P.L.273-1999, SEC.177. Amended by P.L.35-2016, SEC.52.

children Sec. 3. To the greatest extent possible, the office shall use the same: (1) eligibility determination; (2) enrollment; (3) provider networks; and (4) claims payment systems; as are used by the Medicaid managed care program for children. As added by P.L.273-1999, SEC.177.…

Sec. 4. The office shall evaluate the feasibility of the following: (1) Establishing a program to subsidize employer sponsored coverage under the program. (2) Expanding health insurance coverage under the program to other populations as provided under section 2105(c)(3) of the fe…

Sec. 5. Reviews of the program shall: (1) be conducted in compliance with federal requirements; and (2) include an analysis of the extent to which crowd out is occurring. As added by P.L.273-1999, SEC.177.

Sec. 6. The office shall do the following: (1) Establish performance criteria and evaluation measures. (2) Monitor program performance. (3) Adopt a formula that: (A) specifies the premiums, if any, to be paid by the parent or guardian of a child enrolled in the program; and (B) i…

Sec. 7. (a) The office shall contract with an independent organization to evaluate the program. (b) The office shall report the results of each evaluation to the: (1) children's health policy board established by IC 4-23-27-2; and (2) interim study committee on public health, beh…

Sec. 8. The office may, in administering the program, contract with community entities, including private entities, for the following: (1) Outreach for and enrollment in the managed care program. (2) Provision of services. (3) Consumer education and public health education. As ad…

Sec. 9. (a) The office shall incorporate creative methods, reflective of community level objectives and input, to do the following: (1) Encourage beneficial and appropriate use of health care services. (2) Pursue efforts to enhance provider availability. (b) In determining the be…

concerning developmental disabilities Sec. 1. (a) A rule adopted by the department of mental health concerning developmental disabilities under IC 16-13-1 (before its repeal by P.L.9-1991) is valid and effective until the division of disability and rehabilitative services adopts …

concerning the handicapped infants and toddlers program Sec. 10. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, before its repeal by P.L.9-1991, is valid and effective until the …

education concerning the school age child care project fund Sec. 11. (a) Except as provided in subsection (b), a rule adopted by the Indiana state board of education concerning the school age child care project fund, before its repeal by P.L.9-1991, is valid and effective until t…

coordination of human services concerning the school age child care project fund Sec. 13. (a) Except as provided in subsection (b), a rule adopted by the interdepartmental board for the coordination of human service programs concerning the school age child care project fund, befo…

concerning case management services for developmentally disabled Sec. 2. (a) A rule adopted by the department of mental health concerning case management services for developmentally disabled persons under IC 16-14-31 (before its repeal by P.L.9-1991) is valid and effective until…

concerning residential facilities Sec. 3. (a) A rule adopted by the department of mental health concerning residential facilities under IC 16-13-21 or IC 16-13-22, as amended by P.L.9-1991 and before their repeal, is valid and effective until the division of disability and rehabi…

concerning child care licensing Sec. 4. (a) A rule adopted by the state board of health concerning child care licensing under IC 12-3-2, as amended by P.L.9-1991 and before its repeal, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 …

welfare concerning room and board assistance Sec. 5. (a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of disability and rehabilitative services…

welfare concerning Medicaid Sec. 6. (a) A rule adopted by the state department of public welfare concerning the state medical assistance plan (Medicaid) under IC 12-1-7 (before its repeal) before January 1, 1992, is valid and effective until the secretary appointed under IC 12-6-…

concerning social services Sec. 7. (a) A rule adopted by the department of human services concerning social services under IC 4-28-6, as repealed by P.L.9-1991, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that: (1) supersedes in …

coordination of human services concerning the school age child care project fund Sec. 8. (a) A rule adopted by the interdepartmental board for the coordination of human services concerning the school age child care project fund under IC 20-5-61, as repealed by P.L.9-1991, is vali…

concerning epilepsy services Sec. 9. (a) A rule adopted by the department of mental health concerning epilepsy services is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: (1) supersedes in whole or in part the d…

[Pre-1992 Revision Citations: 4-28-2-4; 4-28-2-9.] As added by P.L.2-1992, SEC.3. Repealed by P.L.6-2012, SEC.87.

result of official acts; defense by state; exceptions Sec. 2. (a) If a member, an officer, or an employee of the division is accused of an offense or sued for civil damages because of an act performed within the course of the individual's employment or because of an act performed…

Sec. 1. As used in this chapter, "adult protective services unit" refers to the entity with whom the division contracts to carry out the duties listed in section 8 of this chapter. [Pre-1992 Revision Citations: 4-28-5-1; 4-28-5-4.5 part.] As added by P.L.2-1992, SEC.4. Amended by…

Sec. 10. (a) Each endangered adult report made under this chapter shall be communicated immediately to at least one (1) of the following: (1) The adult protective services unit. (2) A law enforcement agency. (3) The division by telephone on the statewide toll free telephone numbe…

information; whistleblower retaliation Sec. 11. (a) A person, other than a person against whom a complaint concerning an endangered adult has been made, who in good faith: (1) makes or causes to be made a report required to be made under this chapter; (2) testifies or participate…

services standards of practice Sec. 12. The division shall establish the following: (1) A statewide toll free telephone line continuously open to receive reports of suspected neglect, battery, or exploitation. (2) Standards of practice established with the concurrence of the pros…

Sec. 13. The division shall maintain the following: (1) Records on individuals that the division and adult protective services units have determined to be endangered adults and the protective services needed. (2) Records of agencies, persons, or institutions who are determined to…

Sec. 14. The division shall refer reports of neglect, battery, or exploitation to appropriate adult protective services units. [Pre-1992 Revision Citation: 4-28-5-9(c).] As added by P.L.2-1992, SEC.4.

Sec. 15. Reports made under this chapter and any other information obtained, reports written, or photographs taken concerning the reports are confidential and may be made available only to the individuals authorized in section 13 of this chapter as determined necessary by the div…

[Pre-1992 Revision Citation: 4-28-5-9(e).] As added by P.L.2-1992, SEC.4. Repealed by P.L.153-2011, SEC.20.

facility Sec. 17. If an adult protective services unit receives a report alleging that an individual who is a resident of a facility licensed under IC 16-28 is an endangered adult, the adult protective services unit shall immediately communicate the report to the Indiana departme…