Introduced Version
HOUSE BILL No. 1972
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2-200.5; IC 12-20; IC 16-41-19-4.
Synopsis: Township assistance matters. Expands the definition of
"wasted resources" to include lump sum payments. Provides that a
township is not obligated to provide assistance to an applicant who has
been denied assistance under a federal food program. Allows for
compensation of a hearing officer who conducts hearings of poor relief
appeals. (Current law prohibits compensation of a hearing officer.)
Specifies that upon appeal the standard for review of a trustee's poor
relief determination is whether the determination constitutes an abuse
of discretion. 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
January 23, 2003, read first time and referred to Committee on Human Affairs.
Introduced
First Regular Session 113th General Assembly (2003)
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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)IN1972.1.1. -->
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, including tax
refunds or other lump sum payments, expended by an
applicant seeking poor relief or an adult member of the
applicant's household during the two hundred forty (240)
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 12-20-6-0.5; (03)IN1972.1.2. -->
SECTION 2. IC 12-20-6-0.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 0.5. (a) As used in this
section, "member of the applicant's household" includes any person
who lives in the same residence as the applicant.
(b) The township trustee shall determine whether an applicant or a
member of the applicant's household has been denied assistance under
IC 12-14-1-1, IC 12-14-1-1.5, IC 12-14-2-5.1, IC 12-14-2-5.3,
IC 12-14-2-18, IC 12-14-2-20, IC 12-14-2-21, IC 12-14-2-24,
IC 12-14-2-26, IC 12-14-2.5, or IC 12-14-5.5, or a federal food
assistance program.
(c) A township trustee has no obligation to extend aid to an
applicant or to a member of an applicant's household who has been
denied assistance as described in subsection (b).
(d) A township trustee shall not extend aid to an applicant or to a
member of an applicant's household if the applicant or the member of
the applicant's household has been convicted of an offense under
IC 35-43-5-7 or IC 35-43-5-7.1 as follows:
(1) If the conviction is a misdemeanor, a township trustee shall
not extend aid to the applicant or the member of the applicant's
household for one (1) year after the conviction.
(2) If the conviction is a felony, a township trustee shall not
extend aid to the applicant or the member of the applicant's
household for ten (10) years after the conviction.
SOURCE: IC 12-20-15-3; (03)IN1972.1.3. -->
SECTION 3. 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)IN1972.1.4. -->
SECTION 4. IC 12-20-15-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. In hearing an appeal,
the board of commissioners and a hearing officer shall determine
whether the township trustee abused the trustee's discretion in
making the appealed decision. 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.
SOURCE: IC 12-20-15-8; (03)IN1972.1.5. -->
SECTION 5. IC 12-20-15-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) The township
trustee or an applicant may appeal a decision of the board of
commissioners to a circuit or superior court with jurisdiction in the
county.
(b) In hearing an appeal, the court shall determine whether the
township trustee abused the trustee's discretion in making the
appealed decision. The court shall be governed by the township's poor
relief standards for determining eligibility for granting poor relief in the
township. If legally sufficient standards have not been established, the
court shall be guided by the circumstances of the case.
SOURCE: IC 12-20-16-2; (03)IN1972.1.6. -->
SECTION 6. 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 covering the individual at the
time the assistance was provided.
However, a township trustee may provide interim medical services, for
not more than ninety (90) days, 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, 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, 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. The office of Medicaid policy and planning shall
develop an administrative plan under which townships may be
reimbursed by the office for medical services that are provided to
an individual by the township while the individual is awaiting an
eligibility determination from the state Medicaid program
(IC 12-15) if it is determined that the individual would have been
eligible to receive the medical services under the Medicaid
program at the time they were provided by the township.
SOURCE: IC 12-20-16-14; (03)IN1972.1.7. -->
SECTION 7. 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)IN1972.1.8. -->
SECTION 8. 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 16-41-19-4; (03)IN1972.1.9. -->
SECTION 9. 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)IN1972.1.10. -->
SECTION 10. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2003]: IC 12-20-6-6; IC 12_20-21-5.
SOURCE: ; (03)IN1972.1.11. -->
SECTION 11. [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.