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
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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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