Reprinted

February 28, 2003





HOUSE BILL No. 1972

_____


DIGEST OF HB 1972 (Updated February 27, 2003 2:42 PM - DI 87)



Citations Affected: IC 12-7; IC 12-20; IC 16-41; noncode.

Synopsis: Township assistance matters. Expands the definition of "wasted resources" to include lump sum payments. Allows for compensation of a hearing officer who conducts hearings of poor relief appeals. (Current law prohibits compensation of a hearing officer.) Requires a board of commissioners and hearing officer to review and consider investigative documents a trustee prepared before making an appealed decision. Requires a board of commissioners to remand a case to a trustee if new evidence was presented on appeal that would have made an individual eligible for assistance. Limits: (1) interim medical assistance by a township to 90 days; and (2) prescription drug coverage and insulin to a 30-day supply. Allows an advanced practice nurse to apply for insulin. Provides that private insurance coverage of the medical treatment received disqualifies an individual from receiving township medical assistance. Requires the office of Medicaid policy and planning to create an administrative plan concerning reimbursement to townships for medical assistance provided to an individual while the individual is waiting for an eligibility determination under Medicaid if the individual would have been eligible to receive the medical services under Medicaid. Requires the preparation of legislation changing the term "poor relief" to "township assistance" in the Indiana Code. Repeals: (1) a provision stating that a township is not obligated to assist individuals who receive state assistance; and (2) the requirement that the township report to the county auditor quarterly on poor relief.

Effective: July 1, 2003.





Stilwell , Budak , Gutwein , Day




    January 23, 2003, read first time and referred to Committee on Human Affairs.
    February 24, 2003, amended, reported _ Do Pass.
    February 27, 2003, read second time, amended, ordered engrossed.





Reprinted

February 28, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1972



    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-7-2-200.5; (03)HB1972.2.1. -->     SECTION 1. IC 12-7-2-200.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 200.5. "Wasted resources", for purposes of IC 12-20, means:
        (1) the amount of money or resources expended by an applicant or an adult member of an applicant's household seeking poor relief during the thirty (30) days before the date of application for poor relief for items or services that are not basic necessities; or
        (2) income, resources, or tax supported services lost or reduced as a result of a voluntary act during the sixty (60) days before the date of application for poor relief by an adult member of an applicant's household unless the adult member can establish a good reason for the act; or
        (3) lump sum amounts of money or resources from tax refunds, lawsuits, inheritances, or pension payments of at least four hundred dollars ($400) that are expended by an applicant seeking poor relief or an adult member of the applicant's household during the one hundred eighty (180)

days immediately preceding the date of application for poor relief for items or services that are not basic necessities, if at the time of the expenditure there were amounts due and owing for items or services constituting basic necessities.

SOURCE: IC 12-20-15-3; (03)HB1972.2.2. -->     SECTION 2. IC 12-20-15-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The board of county commissioners may:
        (1) conduct a hearing on the appeal; or
        (2) appoint a hearing officer:
            (A) from among the board;
            (B) from among the employees of the board; or
            (C) from qualified residents of the county;
        who will serve without compensation to conduct a hearing for the board.
    (b) The board of county commissioners shall develop uniform written procedures, including provisions for:
        (1) before the hearing, an opportunity for the appellant or the appellant's legal representative to review the appellant's poor relief file and any documents or evidence used by the township trustee to make the determination under appeal;
        (2) the order of the proceeding and the procedure for subpoena:
            (A) of a witness; or
            (B) for production of evidence;
        if reasonably requested by the appellant or the township trustee; and
        (3) the issuance of a hearing decision within the period prescribed by section 6(b)(2) of this chapter.
SOURCE: IC 12-20-15-4; (03)HB1972.2.3. -->     SECTION 3. IC 12-20-15-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) In hearing an appeal, the board of commissioners and a hearing officer shall:
        (1) review and consider any report or investigative documents the trustee prepared before making the appealed decision; and
        (2)
The board of commissioners and a hearing officer shall be governed by the township's poor relief standards for determining eligibility to the extent that the standards comply with existing law for the granting of poor relief. If no legally sufficient standards have been established, the board of commissioners and the hearing officer shall be guided by the circumstances in each case.
     (b) The board of commissioners shall remand a case to a trustee for further proceedings if:
            (1) new evidence was presented to the board of commissioners; and
            (2) the board of commissioners determines that the new evidence presented would have made the individual eligible for assistance.
    (c) If a case is remanded to a trustee, the trustee shall issue a new determination of eligibility not later than seventy-two (72) hours after receiving the written decision remanding the case, excluding weekends and legal holidays listed in IC 1-1-9.

SOURCE: IC 12-20-16-2; (03)HB1972.2.4. -->     SECTION 4. IC 12-20-16-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Except as provided in subsections (b) and (c), the township trustee shall, in cases of necessity, do the following:
        (1) Promptly provide medical assistance for poor individuals in the township who are not provided for in public institutions.
        (2) See that medicines, medical supplies, special diets, or tests prescribed by a physician or surgeon in attendance upon poor individuals in the township are properly furnished.
    (b) A township trustee may not provide to an individual medical assistance under the poor relief program if the individual could qualify for medical assistance for the same service under:
         (1) IC 12-16;
         (2) Medicaid; or
         (3) other governmental medical programs; or
        (4) private health insurance that after satisfaction of any applicable deductible would cover the individual at the time the assistance was provided.

However, a township trustee may provide interim medical services during the period that the individual has an application pending for medical assistance under Medicaid (IC 12-15) or another governmental medical program if the individual is reasonably complying with all requirements of the application process.
    (c) The township trustee shall pay only for the following medical services for the poor of the township:
        (1) Prescription drugs, not to exceed a thirty (30) day supply at a time, as prescribed by an attending practitioner (as defined in IC 16-42-19-5) other than a veterinarian.
        (2) Office calls to a physician licensed under IC 25-22.5 or another medical provider.
        (3) Dental care needed to relieve pain or infection or to repair cavities.
        (4) Repair or replacement of dentures.
        (5) Emergency room treatment that is of an emergency nature.
        (6) Preoperation testing prescribed by an attending physician licensed under IC 25-22.5.
        (7) Over-the-counter drugs prescribed by a practitioner (as defined in IC 16-42-19-5) other than a veterinarian.
        (8) X-rays and laboratory testing as prescribed by an attending physician licensed under IC 25-22.5.
        (9) Visits to a medical specialist when referred by an attending physician licensed under IC 25-22.5.
        (10) Physical therapy prescribed by an attending physician licensed under IC 25-22.5.
        (11) Eyeglasses.
        (12) Repair or replacement of a prosthesis not provided for by other tax supported state or federal programs.
        (13) Insulin and items needed to administer insulin the biological, not to exceed a thirty (30) day supply at a time, in accordance with section 14 of this chapter.
    (d) The township trustee may establish a list of approved medical providers to provide medical services to the poor of the township. Any medical provider who:
        (1) can provide the particular medical services within the scope of the provider's license issued under IC 25; and
        (2) is willing to provide the medical services for the charges established by the township trustee;
is entitled to be included on the list.
    (e) Unless prohibited by federal law, a township trustee who:
        (1) provides to an individual medical assistance that is eligible for payment under any medical program described in subsection (b) for which payments are administered by an agency of the state during the pendency of the individual's successful application for the program; and
        (2) submits a timely and proper claim to the agency;
is eligible for reimbursement by the agency to the same extent as any medical provider.
    (f) If a township trustee provides medical assistance for medical services provided to an individual who is subsequently determined to be eligible for Medicaid:
        (1) the township trustee shall notify the medical provider that provided the medical services of the individual's eligibility; and
        (2) not later than thirty (30) days after the medical provider receives the notice under subdivision (1), the medical provider

shall file a claim for reimbursement with the office.
    (g) A medical provider that is reimbursed under subsection (f) shall, not later than thirty (30) days after receiving the reimbursement, pay to the township trustee the lesser of:
        (1) the amount of medical assistance received from the trustee to an individual; or
        (2) the amount reimbursed by Medicaid to the medical provider.

SOURCE: IC 12-20-16-14; (03)HB1972.2.5. -->     SECTION 5. IC 12-20-16-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 14. The township trustee is authorized to provide insulin to individuals who are in need of insulin treatment and who are financially unable to purchase the insulin, upon application of a physician licensed under IC 25-22.5 or an advanced practice nurse who is licensed under IC 25-23 and who meets the requirements of IC 25-23-1-11 and IC 25-23-1-19.5. However, an application submitted by a physician or an advanced practice nurse under this section must meet the requirements of IC 16-41-19-4.
SOURCE: IC 12-20-21-4; (03)HB1972.2.6. -->     SECTION 6. IC 12-20-21-4, AS AMENDED BY P.L.90-2002, SECTION 347, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. If the board of commissioners determines from the quarterly reports filed by the township trustee under IC 12-20-21-5 with the county auditor and the levies made by the respective townships for poor relief purposes that there will be insufficient money in the township poor relief fund to provide free and available money during the following year for poor relief purposes on the basis of the total costs of poor relief granted by the township trustees, as administrators of poor relief, for the previous twelve (12) months:
        (1) the board of commissioners may include estimates for the advancements in the county general fund budget;
        (2) the county fiscal body may appropriate for the advancement in the budget and levy as adopted by the county fiscal body; and
        (3) the department shall include that amount in the final county general fund levy.
SOURCE: IC 12-20-28-3; (03)HB1972.2.7. -->     SECTION 7. IC 12-20-28-3, AS AMENDED BY P.L.90-2002, SECTION 364, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. (a) The definitions in this section apply to a report that is required to be filed under this section.
    (b) As used in this section, "total number of households containing poor relief recipients" means the sum to be determined by counting the total number of individuals who file an application for which relief is

granted. A household may be counted only once during a calendar year regardless of the number of times assistance is provided if the same individual makes the application for assistance.
    (c) As used in this section, "total number of recipients" means the number of individuals who are members of a household that receives assistance on at least one (1) occasion during the calendar year. An individual may be counted only one (1) time during a calendar year regardless of the:
        (1) number of times assistance is provided; or
        (2) number of households in which the individual resides during a particular year.
    (d) As used in this section, "total number of requests for assistance" means the number of times an individual or a household separately requests any type of township assistance.
    (e) The township trustee shall file an annual statistical report on township housing, medical care, utility, and food assistance with the state board of accounts. The township trustee shall provide a copy of the annual statistical report to the county auditor. The county auditor shall keep the copy of the report in the county auditor's office. Except as provided in subsection (i), the report must be made on a form provided by the state board of accounts. The report must contain the following information:
        (1) The total number of requests for assistance.
        (2) The total number of poor relief recipients and total number of households containing poor relief recipients.
        (3) The total value of benefits provided poor relief recipients.
        (4) The total number of poor relief recipients and households receiving utility assistance.
        (5) The total value of benefits provided for the payment of utilities.
        (6) The total number of poor relief recipients and households receiving housing assistance.
        (7) The total value of benefits provided for housing assistance.
        (8) The total number of poor relief recipients and households receiving food assistance.
        (9) The total value of food assistance provided.
        (10) The total number of poor relief recipients and households provided health care.
        (11) The total value of health care provided.
        (12) The total number of burials and cremations.
        (13) The total value of burials and cremations.
        (14) The total number of nights of emergency shelter provided to

the homeless.
        (15) The total number of referrals of poor relief applicants to other programs.
        (16) The total number of training programs or job placements found for poor relief recipients with the assistance of the township trustee.
        (17) The number of hours spent by poor relief recipients at workfare.
        (18) The total amount of reimbursement for assistance received from:
            (A) recipients;
            (B) members of recipients' households; or
            (C) recipients' estates;
        under IC 12-20-6-10, IC 12-20-27-1, or IC 12-20-27-1.5.
        (19) The total amount of reimbursement for assistance received from medical programs under IC 12-20-16-2(e).
If the total number or value of any item required to be reported under this subsection is zero (0), the township trustee shall include the notation "0" in the report where the total number or value is required to be reported.
    (f) The state board of accounts shall forward a copy of each annual report forwarded to the board under subsection (e) to the department and the division of family and children.
    (g) The division of family and children shall include in the division's periodic reports made to the United States Department of Health and Human Services concerning the Aid to Families with Dependent Children (AFDC) and Supplemental Security Income (SSI) programs information forwarded to the division under subsection (f) concerning the total number of poor relief recipients and the total dollar amount of benefits provided.
    (h) The department may not approve the budget of a township trustee who fails to file an annual report under subsection (e) in the preceding calendar year. Before July 1 of each year, the department shall file a report with the legislative council that compiles and summarizes the information sent to the state board of accounts by township trustees under subsection (e).
    (i) This section does not prevent the electronic transfer of data required to be reported under IC 12-2-1-40 (before its repeal) or this section if the following conditions are met:
        (1) The method of reporting is acceptable to both the township trustee reporting the information and the governmental entity to which the information is reported.


        (2) A written copy of information reported by electronic transfer is on file with the township trustee reporting information by electronic means.
    (j) The information required to be reported by the township trustee under this section shall be maintained by the township trustee in accordance with IC 5-15-6.
SOURCE: IC 16-41-19-4; (03)HB1972.2.8. -->     SECTION 8. IC 16-41-19-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. The physicians physician or advanced practice nurse applying for free biologicals as provided in this chapter and IC 12-20-16-14 shall sign in ink the following affirmation printed on the application form:
        I solemnly affirm that the free biologicals applied for will be administered to the person named above, and it is my belief after inquiry that the person is financially unable to pay for the biologicals.
SOURCE: IC 12-20-6-6; IC 12_20-21-5.
; (03)HB1972.2.9. -->     SECTION 9. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2003]: IC 12-20-6-6; IC 12_20-21-5.
SOURCE: ; (03)HB1972.2.10. -->     SECTION 10. [EFFECTIVE JULY 1, 2003] (a) Beginning July 1, 2003, any reference in the Indiana Code to poor relief (as administered by a township under IC 12-20) shall be treated as a reference to township assistance.
    (b) The legislative services agency shall prepare legislation for introduction in the 2004 session of the general assembly to organize and correct statutes by changing any reference to the township poor relief program in the Indiana Code from "poor relief" to "township assistance".
    (c) If during the preparation of legislation under subsection (b) the legislative services agency cannot determine whether a particular instance of the term "poor relief" refers to the township program administered under IC 12-20, the legislative services agency may omit changing that reference in the legislation.
    (d) This SECTION expires June 30, 2007.


HB 1972_LS 7217/DI 104

Figure

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