January 20, 2006
SENATE BILL No. 41
_____
DIGEST OF SB 41
(Updated January 18, 2006 2:49 pm - DI 104)
Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Division of aging. Establishes the division of aging as a
division separate from the division of disability and rehabilitative
services. Reestablishes the self-directed in-home care program
(program) that expired July 1, 2005. Requires the office of the secretary
of family and social services to report to the legislative council before
November 1, 2009, on the implementation and outcome of the
program. Removes obsolete references. Makes conforming
amendments. (The introduced version of this bill was prepared by the
FSSA evaluation committee.)
Effective: Upon passage; July 1, 2006.
Miller
January 9, 2006, read first time and referred to Committee on Health and Provider
Services.
January 19, 2006, amended, reported favorably _ Do Pass.
January 20, 2006
Second Regular Session 114th General Assembly (2006)
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 2005 Regular Session of the General Assembly.
SENATE BILL No. 41
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 1-1-3.5-5; (06)SB0041.1.1. -->
SECTION 1. IC 1-1-3.5-5, AS AMENDED BY P.L.127-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. (a) The governor shall forward a copy of the
executive order issued under section 3 of this chapter to:
(1) the director of the Indiana state library;
(2) the election division; and
(3) the Indiana Register.
(b) The director of the Indiana state library, or an employee of the
Indiana state library designated by the director to supervise a state data
center established under IC 4-23-7.1, shall notify each state agency
using population counts as a basis for the distribution of funds or
services of the effective date of the tabulation of population or
corrected population count.
(c) The agencies that the director of the Indiana state library must
notify under subsection (b) include the following:
(1) The auditor of state, for distribution of money from the
following:
(A) The cigarette tax fund in accordance with IC 6-7-1-30.1.
(B) Excise tax revenue allocated under IC 7.1-4-7-8.
(C) The local road and street account in accordance with
IC 8-14-2-4.
(D) The repayment of loans from the Indiana University
permanent endowment funds under IC 21-7-4.
(2) The board of trustees of Ivy Tech Community College of
Indiana, for the board's division of Indiana into service regions
under IC 20-12-61-9.
(3) The lieutenant governor, for the distribution of money from
the rural development fund under IC 4-4-9.
(4) The division of disability aging, and rehabilitative services, for
establishing priorities for community residential facilities under
IC 12-11-1.1 and IC 12-28-4-12.
(5) The department of state revenue, for distribution of money
from the motor vehicle highway account fund under IC 8-14-1-3.
(6) The Indiana economic development corporation, for the
evaluation of enterprise zone applications under IC 5-28-15.
(7) The alcohol and tobacco commission, for the issuance of
permits under IC 7.1.
(8) The Indiana library and historical board, for distribution of
money to eligible public library districts under IC 4-23-7.1-29.
(9) The state board of accounts, for calculating the state share of
salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2.
SOURCE: IC 2-5-27.2-4; (06)SB0041.1.2. -->
SECTION 2. IC 2-5-27.2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. The commission
shall do the following:
(1) Develop a long range plan to stimulate further development of
cost effective, innovative models of community based services,
including recommendations that identify implementation
schedules, plans for resource development, and appropriate
regulatory changes.
(2) Review and make recommendations regarding any unmet
needs for mental retardation and developmental disability
services, including the following:
(A) Community residential and family support services.
(B) Services for aging families caring for their children who
are mentally retarded and developmentally disabled adults.
(C) Services for families in emergency or crisis situations.
(D) Services needed to move children and adults from nursing
homes and state hospitals to the community.
(3) Study and make recommendations for the state to use state
employees or contract with a private entity to manage and
implement home and community based services waivers under 42
U.S.C. 1396n(c).
(4) Study and make recommendations regarding state funding
needed to provide supplemental room and board costs for
individuals who otherwise qualify for residential services under
the home and community based services waivers.
(5) Monitor and recommend changes for improvements in the
implementation of home and community based services waivers
managed by the state or by a private entity.
(6) Review and make recommendations regarding the
implementation of the comprehensive plan prepared by the
developmental disabilities task force established by P.L.245-1997,
SECTION 1.
(7) Review and make recommendations regarding the
development by the division of disability aging, and rehabilitative
services of a statewide plan to address quality assurance in
community based services.
(8) Annually review the infants and toddlers with disabilities
program established under IC 12-17-15.
SOURCE: IC 4-1-8-1; (06)SB0041.1.3. -->
SECTION 3. IC 4-1-8-1, AS AMENDED BY P.L.246-2005,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) No individual may be compelled by any
state agency, board, commission, department, bureau, or other entity of
state government (referred to as "state agency" in this chapter) to
provide the individual's Social Security number to the state agency
against the individual's will, absent federal requirements to the
contrary. However, the provisions of this chapter do not apply to the
following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children;
(B) the division of mental health and addiction;
(C) the division of disability aging, and rehabilitative services;
(D) the division of aging; and
(D) (E) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The legislative ethics commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to bidders
on contracts.
(9) Indiana department of transportation, with respect to bidders
on contracts.
(10) Health professions bureau.
(11) Indiana professional licensing agency.
(12) Department of insurance, with respect to licensing of
insurance producers.
(13) A pension fund administered by the board of trustees of the
public employees' retirement fund.
(14) The Indiana state teachers' retirement fund.
(15) The state police benefit system.
(16) The alcohol and tobacco commission.
(b) The bureau of motor vehicles may, notwithstanding this chapter,
require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for any
vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(c) The Indiana department of administration, the Indiana
department of transportation, the health professions bureau, and the
Indiana professional licensing agency may require an employer to
provide its federal employer identification number.
(d) The department of correction may require a committed offender
to provide the offender's Social Security number for purposes of
matching data with the Social Security Administration to determine
benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number in any application for a riverboat owner's license,
supplier's license, or occupational license.
(2) That a sole proprietorship, a partnership, an association, a
fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies to
the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license or
endorsement.
SOURCE: IC 4-15-2-3.8; (06)SB0041.1.4. -->
SECTION 4. IC 4-15-2-3.8, AS AMENDED BY P.L.218-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3.8. "State service" means public service by:
(1) employees and officers, including the incumbent directors, of
the county offices of family and children; and
(2) employees and officers, except members of boards and
commissions or individuals hired for or appointed to, after June
30, 1982, positions as appointing authorities, deputies, assistants
reporting to appointing authorities, or supervisors of major units
within state agencies, irrespective of the title carried by those
positions, of the division of disability
aging, and rehabilitative
services,
division of aging, Fort Wayne State Developmental
Center,
Muscatatuck State Developmental Center, division of
mental health and addiction, Larue D. Carter Memorial Hospital,
Evansville State Psychiatric Treatment Center for Children,
Evansville State Hospital, Logansport State Hospital, Madison
State Hospital, Richmond State Hospital, state department of
health, Indiana School for the Blind and Visually Impaired,
Indiana School for the Deaf, Indiana Veterans' Home, Indiana
Soldiers' and Sailors' Children's Home, Silvercrest Children's
Development Center, department of correction, Westville
Correctional Facility, Plainfield Juvenile Correctional Facility,
Putnamville Correctional Facility, Indianapolis Juvenile
Correctional Facility, Indiana State Prison, Indiana Women's
Prison, Pendleton Correctional Facility, Reception and Diagnostic
Center, Rockville Correctional Facility, Youth Rehabilitation
Facility, Plainfield Correctional Facility, department of fire and
building services, state emergency management agency
(excluding a county emergency management organization and any
other local emergency management organization created under
IC 10-14-3), civil rights commission, criminal justice planning
agency, department of workforce development, Indiana historical
bureau, Indiana state library, division of family and children,
Indiana state board of animal health, Federal Surplus Property
Warehouse, Indiana education employment relations board,
department of labor, Indiana protection and advocacy services
commission, commission on public records, Indiana horse racing
commission, and state personnel department.
SOURCE: IC 4-15-2-19.5; (06)SB0041.1.5. -->
SECTION 5. IC 4-15-2-19.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19.5. (a) As used in this
section, "individual with a disability" means an individual:
(1) with a physical or mental impairment that substantially limits
one (1) or more of the major life activities of the individual; or
(2) who:
(A) has a record of; or
(B) is regarded as;
having an impairment described in subdivision (1).
(b) Notwithstanding other provisions of this chapter, the director
may waive minimum qualifications and an examination for an
approved individual upon certification by an Indiana rehabilitation
facility or the rehabilitation services bureau of the division of disability
aging, and rehabilitative services that the individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to perform
the essential functions of a position classification with or without
reasonable accommodation or with special accommodation for
supported employment.
(c) The names of applicants with a disability qualified under
subsection (b) shall be certified with or in addition to the names
certified on the eligibility list under section 19 of this chapter.
SOURCE: IC 4-23-20-3; (06)SB0041.1.6. -->
SECTION 6. IC 4-23-20-3, AS AMENDED BY P.L.4-2005,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3. The committee consists of at least six (6)
members appointed by the governor and must include representatives
of the following:
(1) The Indiana economic development corporation.
(2) The department of workforce development.
(3) The division of disability aging, and rehabilitative services.
(4) The commission on vocational and technical education of the
department of workforce development.
(5) The state human resource investment council.
(6) The department of education.
SOURCE: IC 5-1-16-1; (06)SB0041.1.7. -->
SECTION 7. IC 5-1-16-1, AS AMENDED BY P.L.235-2005,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. As used in this chapter:
"Authority" refers to the Indiana health and educational facility
financing authority.
"Bonds" includes bonds, refunding bonds, notes, interim
certificates, bond anticipation notes, and other evidences of
indebtedness of the authority, issued under this chapter.
"Building" or "buildings" or similar words mean any building or part
of a building or addition to a building for health care purposes. The
term includes the site for the building (if a site is to be acquired),
equipment, heating facilities, sewage disposal facilities, landscaping,
walks, drives, parking facilities, and other structures, facilities,
appurtenances, materials, and supplies that may be considered
necessary to render a building suitable for use and occupancy for health
care purposes.
"Cost" includes the following:
(1) The cost and the incidental and related costs of the
acquisition, repair, restoration, reconditioning, refinancing, or
installation of health facility property.
(2) The cost of any property interest in health facility property,
including an option to purchase a leasehold interest.
(3) The cost of constructing health facility property, or an addition
to health facility property, acquiring health facility property, or
remodeling health facility property.
(4) The cost of architectural, engineering, legal, trustee,
underwriting, and related services; the cost of the preparation of
plans, specifications, studies, surveys, and estimates of cost and
of revenue; and all other expenses necessary or incident to
planning, providing, or determining the need for or the feasibility
and practicability of health facility property.
(5) The cost of financing charges, including premiums or
prepayment penalties and interest accrued during the construction
of health facility property or before the acquisition and
installation or refinancing of such health facility property for up
to two (2) years after such construction, acquisition, and
installation or refinancing and startup costs related to health
facility property for up to two (2) years after such construction,
acquisition, and installation or refinancing.
(6) The costs paid or incurred in connection with the financing of
health facility property, including out-of-pocket expenses, the cost
of any policy of insurance; the cost of printing, engraving, and
reproduction services; and the cost of the initial or acceptance fee
of any trustee or paying agent.
(7) The costs of the authority, incurred in connection with
providing health facility property, including reasonable sums to
reimburse the authority for time spent by its agents or employees
in providing and financing health facility property.
(8) The cost paid or incurred for the administration of any
program for the purchase or lease of or the making of loans for
health facility property, by the authority and any program for the
sale or lease of or making of loans for health facility property to
any participating provider.
"County" means any county in the state that owns and operates a
county hospital.
"Health facility property" means any tangible or intangible property
or asset owned or used by a participating provider and which:
(1) is determined by the authority to be necessary or helpful,
directly or indirectly, to provide:
(A) health care;
(B) medical research;
(C) training or teaching of health care personnel;
(D) habilitation, rehabilitation, or therapeutic services; or
(E) any related supporting services;
regardless of whether such property is in existence at the time of,
or is to be provided after the making of, such finding;
(2) is a residential facility for:
(A) the physically, mentally, or emotionally disabled;
(B) the physically or mentally ill; or
(C) the elderly; or
(3) is a licensed child caring institution providing residential care
described in IC 12-7-2-29(1) or corresponding provisions of the
laws of the state in which the property is located.
"Health facility" means any facility or building that is:
(1) owned or used by a participating provider;
(2) located:
(A) in Indiana; or
(B) outside Indiana, if the participating provider that operates
the facility or building, or an affiliate of the participating
provider, also operates a substantial health facility or facilities,
as determined by the authority, in Indiana; and
(3) utilized, directly or indirectly:
(A) in:
(i) health care;
(ii) habilitation, rehabilitation, or therapeutic services;
(iii) medical research;
(iv) the training or teaching of health care personnel; or
(v) any related supporting services;
(B) to provide a residential facility for:
(i) the physically, mentally, or emotionally disabled;
(ii) the physically or mentally ill; or
(iii) the elderly; or
(C) as a child caring institution and provides residential care
described in IC 12-7-2-29(1) or corresponding provisions of
the laws of the state in which the facility or building is located.
"Net revenues" means the revenues of a hospital remaining after
provision for proper and reasonable expenses of operation, repair,
replacement, and maintenance of the hospital.
"Participating provider" means a person, corporation, municipal
corporation, political subdivision, or other entity, public or private,
which:
(1) is located in Indiana or outside Indiana;
(2) contracts with the authority for the financing or refinancing of,
or the lease or other acquisition of, health facility property that is
located:
(A) in Indiana; or
(B) outside Indiana, if the financing, refinancing, lease, or
other acquisition also includes a substantial component, as
determined by the authority, for the benefit of a health facility
or facilities located in Indiana;
(3) is:
(A) licensed under IC 12-25, IC 16-21, IC 16-28, or
corresponding laws of the state in which the property is
located;
(B) a regional blood center;
(C) a community mental health center or community mental
retardation and other developmental disabilities center (as
defined in IC 12-7-2-38 and IC 12-7-2-39 or corresponding
provisions of laws of the state in which the property is
located);
(D) an entity that:
(i) contracts with the division of disability
aging, and
rehabilitative services or the division of mental health and
addiction to provide the program described in
IC 12-11-1.1-1(e) or IC 12-22-2; or
(ii) provides a similar program under the laws of the state in
which the entity is located;
(E) a vocational rehabilitation center established under
IC 12-12-1-4.1(a)(1) or corresponding provisions of the laws
of the state in which the property is located;
(F) the owner or operator of a facility that is utilized, directly
or indirectly, to provide health care, habilitation, rehabilitation,
therapeutic services, medical research, the training or teaching
of health care personnel, or any related supporting services, or
of a residential facility for the physically, mentally, or
emotionally disabled, physically or mentally ill, or the elderly;
(G) a licensed child caring institution providing residential
care described in IC 12-7-2-29(1) or corresponding provisions
of the laws of the state in which the property is located;
(H) an integrated health care system between or among
providers, a health care purchasing alliance, a health insurer
or third party administrator that is a participant in an integrated
health care system, a health maintenance or preferred provider
organization, or a foundation that supports a health care
provider; or
(I) an individual, a business entity, or a governmental entity
that owns an equity or membership interest in any of the
organizations described in clauses (A) through (H); and
(4) in the case of a person, corporation, municipal corporation,
political subdivision, or other entity located outside Indiana, is
owned or controlled by, under common control with, affiliated
with, or part of an obligated group that includes an entity that
provides one (1) or more of the following services or facilities in
Indiana:
(A) A facility that provides:
(i) health care;
(ii) habilitation, rehabilitation, or therapeutic services;
(iii) medical research;
(iv) training or teaching of health care personnel; or
(v) any related supporting services.
(B) A residential facility for:
(i) the physically, mentally, or emotionally disabled;
(ii) the physically or mentally ill; or
(iii) the elderly.
(C) A child caring institution providing residential care
described in IC 12-7-2-29(1).
"Regional blood center" means a nonprofit corporation or
corporation created under 36 U.S.C. 1 that:
(1) is:
(A) accredited by the American Association of Blood Banks;
or
(B) registered or licensed by the Food and Drug
Administration of the Department of Health and Human
Services; and
(2) owns and operates a health facility that is primarily engaged
in:
(A) drawing, testing, processing, and storing human blood and
providing blood units or components to hospitals; or
(B) harvesting, testing, typing, processing, and storing human
body tissue and providing this tissue to hospitals.
SOURCE: IC 5-20-4-15; (06)SB0041.1.8. -->
SECTION 8. IC 5-20-4-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. (a) The housing
trust fund advisory committee is established.
(b) The committee consists of sixteen (16) seventeen (17) members
to be appointed by the governor as follows:
(1) One (1) member of the division of mental health and
addiction.
(2) One (1) member of the division of family and children.
(3) One (1) member of the division of disability aging, and
rehabilitative services.
(4) One (1) member of the division of aging.
(4) (5) One (1) member of the department of commerce. office of
the lieutenant governor.
(5) (6) One (1) member to represent residential real estate
developers.
(6) (7) One (1) member to represent construction trades.
(7) (8) One (1) member to represent banks and other lending
institutions.
(8) (9) One (1) member to represent the interests of persons with
disabilities.
(9) (10) One (1) member to represent service providers.
(10) (11) Two (2) members to represent neighborhood groups.
(11) (12) One (1) member to represent low income families.
(12) (13) One (1) member to represent nonprofit community
based organizations and community development corporations.
(13) (14) One (1) member to represent real estate brokers or
salespersons.
(14) (15) One (1) member to represent the Indiana Apartment
Owner's Association.
(15) (16) One (1) member to represent the manufactured housing
industry.
At least three (3) members of the committee shall be from a city with
a population of less than thirty-five thousand (35,000), a town, or a
rural area.
(c) Members of the advisory committee shall serve a term of three
(3) years. However, the governor may remove for cause an appointed
member of the advisory committee and fill vacancies of appointed
members on the advisory committee.
(d) The advisory committee shall make recommendations to the
housing finance authority regarding:
(1) the development of policies and procedures under section 14
of this chapter; and
(2) long term sources to capitalize the housing trust fund,
including the following:
(A) Revenue from development ordinances, fees, or taxes.
(B) Market based or private revenue.
(C) Revenue generated from government programs,
foundations, private individuals, or corporations.
(e) The advisory committee shall prepare and present an annual
report that:
(1) describes disbursements under the housing trust fund; and
(2) makes recommendations to the board of the Indiana housing
finance authority regarding long term sources to capitalize the
housing trust fund.
SOURCE: IC 5-22-12-2; (06)SB0041.1.9. -->
SECTION 9. IC 5-22-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. As used in this
chapter, "bureau" refers to the rehabilitation services bureau of the
division of disability aging, and rehabilitative services established
under IC 12-12-1-1.
SOURCE: IC 6-1.1-12-12; (06)SB0041.1.10. -->
SECTION 10. IC 6-1.1-12-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) Except as
provided in section 17.8 of this chapter, a person who desires to claim
the deduction provided in section 11 of this chapter must file an
application on forms prescribed by the department of local government
finance with the auditor of the county in which the real property,
mobile home not assessed as real property, or manufactured home not
assessed as real property is located. With respect to real property, the
application must be filed during the twelve (12) months before May 11
of each year for which the individual wishes to obtain the deduction.
With respect to a mobile home that is not assessed as real property or
a manufactured home that is not assessed as real property, the
application must be filed during the twelve (12) months before March
2 of each year for which the individual wishes to obtain the deduction.
The application may be filed in person or by mail. If mailed, the
mailing must be postmarked on or before the last day for filing.
(b) Proof of blindness may be supported by:
(1) the records of a county office of family and children, the
division of family and children, or the division of disability aging,
and rehabilitative services; or
(2) the written statement of a physician who is licensed by this
state and skilled in the diseases of the eye or of a licensed
optometrist.
(c) The application required by this section must contain the record
number and page where the contract or memorandum of the contract
is recorded if the individual is buying the real property, mobile home,
or manufactured home on a contract that provides that he the
individual is to pay property taxes on the real property, mobile home,
or manufactured home.
SOURCE: IC 11-13-1-8; (06)SB0041.1.11. -->
SECTION 11. IC 11-13-1-8, AS AMENDED BY P.L.1-2005,
SECTION 125, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 8. (a) As used in this section,
"board" refers to the board of directors of the judicial conference of
Indiana established by IC 33-38-9-3.
(b) The board shall adopt rules consistent with this chapter,
prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment
as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of information
contained in those records; and
(4) presentence investigation reports.
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the division of family
and children and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
children or children in need of services. The subjects addressed by the
training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2 and
511 IAC 7-27-12.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
(B) in coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under
IC 31-34 and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
Training for probation departments may be provided jointly with
training provided to child welfare caseworkers relating to the same
subject matter.
(g) The conference shall, in cooperation with the division of mental
health and addiction (IC 12-21) and the division of disability aging, and
rehabilitative services (IC 12-9-1), provide probation departments with
training and technical assistance concerning mental illness, addictive
disorders, mental retardation, and developmental disabilities.
(h) The conference shall make recommendations to courts and
probation departments concerning:
(1) selection, training, distribution, and removal of probation
officers;
(2) methods and procedure for the administration of probation,
including investigation, supervision, workloads, record keeping,
and reporting; and
(3) use of citizen volunteers and public and private agencies.
(i) The conference may delegate any of the functions described in
this section to the advisory committee or the Indiana judicial center.
SOURCE: IC 12-7-2-14.7; (06)SB0041.1.12. -->
SECTION 12. IC 12-7-2-14.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.7. "Ancillary
services", for purposes of IC 12-10-17, IC 12-10-17.1, has the meaning
set forth in IC 12-10-17-2. IC 12-10-17.1-2.
SOURCE: IC 12-7-2-18.3; (06)SB0041.1.13. -->
SECTION 13. IC 12-7-2-18.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 18.3. "Attendant
care services", for purposes of IC 12-10-17, IC 12-10-17.1, has the
meaning set forth in IC 12-10-17-3. IC 12-10-17.1-3.
SOURCE: IC 12-7-2-20.7; (06)SB0041.1.14. -->
SECTION 14. IC 12-7-2-20.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 20.7. "Basic
services", for purposes of IC 12-10-17, IC 12-10-17.1, has the meaning
set forth in IC 12-10-17-4. IC 12-10-17.1-4.
SOURCE: IC 12-7-2-24; (06)SB0041.1.15. -->
SECTION 15. IC 12-7-2-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 24. "Bureau" means the
following:
(1) For purposes of IC 12-10, the bureau of aging and in-home
services established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of developmental
disabilities services established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau of
the division of disability aging, and rehabilitative services
established by IC 12-12-1-1.
(4) For purposes of IC 12-12.5, the bureau of quality
improvement services established by IC 12-12.5-1-1.
(5) For purposes of IC 12-17-2, the meaning set forth in
IC 12-17-2-1.
SOURCE: IC 12-7-2-39; (06)SB0041.1.16. -->
SECTION 16. IC 12-7-2-39 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 39. "Community
mental retardation and other developmental disabilities centers", for
purposes of IC 12-29 (except as provided in IC 12-29-3-6), means a
program of services that meets the following conditions:
(1) Is approved by the division of disability aging, and
rehabilitative services.
(2) Is organized for the purpose of providing multiple services for
persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination of
the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
(4) Is accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
SOURCE: IC 12-7-2-64; (06)SB0041.1.17. -->
SECTION 17. IC 12-7-2-64, AS AMENDED BY P.L.234-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 64. "Director" refers to the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the division of
disability aging.
and rehabilitative services.
(4) For purposes of IC 12-19-5, the term refers to the director of
the department of child services established by IC 31-33-1.5-2.
(5) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(6) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(7) If subdivisions (1) through (6) do not apply, the term refers to
the director of any of the divisions.
SOURCE: IC 12-7-2-69; (06)SB0041.1.18. -->
SECTION 18. IC 12-7-2-69, AS AMENDED BY P.L.234-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 69. (a) "Division", except as provided in
subsections (b) and (c), refers to any of the following:
(1) The division of disability
aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of aging established by IC 12-9.1-1-1.
(2) (3) The division of family resources established by
IC 12-13-1-1.
(3) (4) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability
aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) (B) IC 12-11.
(D) (C) IC 12-12.
(E) (D) IC 12-12.5.
(2) For purposes of the following statutes, the division of aging
established by IC 12-9.1-1-1:
(A) IC 12-9.1.
(B) IC 12-10.
(2) (3) For purposes of the following statutes, the division of
family resources established by IC 12-13-1-1:
(A) IC 12-13.
(B) IC 12-14.
(C) IC 12-15.
(D) IC 12-16.
(E) IC 12-17.2.
(F) IC 12-18.
(G) IC 12-19.
(H) IC 12-20.
(3) (4) For purposes of the following statutes, the division of
mental health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SOURCE: IC 12-7-2-99; (06)SB0041.1.19. -->
SECTION 19. IC 12-7-2-99 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 99. "A person with a
disability" means, for purposes of the following statutes, an individual
who has a physical or mental disability and meets the program
eligibility requirements of the division of disability aging, and
rehabilitative services:
(1) IC 12-8-1-11.
(2) IC 12-12-1.
(3) IC 12-12-6.
SOURCE: IC 12-7-2-103.5; (06)SB0041.1.20. -->
SECTION 20. IC 12-7-2-103.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 103.5. "Health
related services":
(1) for purposes of IC 12-10-15, has the meaning set forth in
IC 12-10-15-2; and
(2) for purposes of IC 12-10-17, IC 12-10-17.1, has the meaning
set forth in IC 12-10-17-5. IC 12-10-17.1-5.
SOURCE: IC 12-7-2-117.1; (06)SB0041.1.21. -->
SECTION 21. IC 12-7-2-117.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 117.1. "Individual
in need of self-directed in-home care", for purposes of IC 12-10-17,
IC 12-10-17.1, has the meaning set forth in IC 12-10-17-6.
IC 12-10-17.1-6.
SOURCE: IC 12-7-2-122.9; (06)SB0041.1.22. -->
SECTION 22. IC 12-7-2-122.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 122.9. "Licensed
health professional", for purposes of IC 12-10-17, IC 12-10-17.1, has
the meaning set forth in IC 12-10-17-7. IC 12-10-17.1-7.
SOURCE: IC 12-7-2-137.3; (06)SB0041.1.23. -->
SECTION 23. IC 12-7-2-137.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 137.3. "Personal
services attendant", for purposes of IC 12-10-17, IC 12-10-17.1, has
the meaning set forth in IC 12-10-17-8. IC 12-10-17.1-8.
SOURCE: IC 12-7-2-138; (06)SB0041.1.24. -->
SECTION 24. IC 12-7-2-138 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 138. "Physician"
means the following:
(1) For purposes of
IC 12-10-17 IC 12-10-17.1 and IC 12-15-35,
an individual who is licensed to practice medicine in Indiana
under IC 25-22.5.
(2) For purposes of IC 12-26, either of the following:
(A) An individual who holds a license to practice medicine
under IC 25-22.5.
(B) A medical officer of the United States government who is
in Indiana performing the officer's official duties.
SOURCE: IC 12-7-2-174.5; (06)SB0041.1.25. -->
SECTION 25. IC 12-7-2-174.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 174.5.
"Self-directed in-home health care", for purposes of IC 12-10-17,
IC 12-10-17.1, has the meaning set forth in IC 12-10-17-9.
IC 12-10-17.1-9.
SOURCE: IC 12-7-2-184; (06)SB0041.1.26. -->
SECTION 26. IC 12-7-2-184 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 184. (a) "State
institution" means an institution:
(1) owned or operated by the state;
(2) for the observation, care, treatment, or detention of an
individual; and
(3) under the administrative control of a division.
(b) The term includes the following:
(1) Central State Hospital.
(2) (1) Evansville State Hospital.
(3) (2) Evansville State Psychiatric Treatment Center for
Children.
(4) (3) Fort Wayne State Developmental Center.
(5) (4) Larue D. Carter Memorial Hospital.
(6) (5) Logansport State Hospital.
(7) (6) Madison State Hospital.
(8) Muscatatuck State Developmental Center.
(9) (7) Richmond State Hospital.
SOURCE: IC 12-8-1-6; (06)SB0041.1.27. -->
SECTION 27. IC 12-8-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) The secretary and
the commissioner of the state department of health shall cooperate to
coordinate family and social services programs with related programs
administered by the state department of health.
(b) The secretary, in cooperation with the commissioner of the state
department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the state department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the division
of family and children and the maternal and child health programs
of the state department of health.
(4) Coordinating activities concerning long term care between the
division of disability
aging, and rehabilitative services and the
state department of health.
(5) Developing and implementing a statewide family, health, and
social services plan that includes a set of goals and priorities.
SOURCE: IC 12-8-2-3; (06)SB0041.1.28. -->
SECTION 28. IC 12-8-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. Unless otherwise
provided by a statute, this chapter applies to the following:
(1) The family and social services committee established by
IC 12-8-3-2.
(2) The following advisory councils:
(A) The division of disability aging, and rehabilitative services
advisory council.
(B) The division of family and children advisory council.
(C) The division of mental health and addiction advisory
council.
(3) A body:
(A) established by statute for a division; and
(B) whose enabling statute makes this chapter applicable to
the body.
SOURCE: IC 12-8-6-8; (06)SB0041.1.29. -->
SECTION 29. IC 12-8-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. The office and the
division of disability aging, and rehabilitative services shall develop a
written memorandum of understanding that provides the following:
(1) Program responsibilities for the provision of care and
treatment for developmentally disabled and long term care
recipients.
(2) Responsibilities to educate and inform vendors of the proper
billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability
and audits for developmentally disabled and long term care
services.
(5) That the division shall recommend options and services to be
reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of
42 U.S.C. 1396 et seq., developmentally disabled individuals and
long term care recipients cannot be excluded from services on the
basis of diagnosis unless these services are otherwise provided
and reimbursed under the state plan.
(7) That the office shall seek review and comment from the
division before the adoption of rules or standards that may affect
the service, programs, or providers of medical assistance services
for the developmentally disabled and long term care recipients.
(8) That the division shall develop rate setting policies for
medical assistance services for the developmentally disabled and
long term care recipients.
(9) That the office, with the assistance of the division, shall apply
for waivers from the United States Department of Health and
Human Services to fund community and home based long term
care services as alternatives to institutionalization.
(10) Policies to facilitate communication between the office and
the division.
(11) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient or
effective delivery of developmentally disabled or long term care
services.
SOURCE: IC 12-8-10-1; (06)SB0041.1.30. -->
SECTION 30. IC 12-8-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. This chapter applies
only to the indicated money of the following state agencies to the extent
that the money is used by the agency to obtain services from grantee
agencies to carry out the program functions of the agency:
(1) Money appropriated or allocated to a state agency from money
received by the state under the federal Social Services Block
Grant Act (42 U.S.C. 1397 et seq.).
(2) The division of disability aging, and rehabilitative services,
except this chapter does not apply to money expended under the
following:
(A) The following statutes, unless application of this chapter
is required by another subdivision of this section:
(i) IC 12-10-6.
(ii) IC 12-10-12.
(B) Epilepsy services.
(3) The division of family and children, for money expended
under the following:
(A) The following statutes:
(i) IC 12-14-10.
(ii) IC 12-14-11.
(iii) IC 12-14-12.
(B) The following programs:
(i) The child development associate scholarship program.
(ii) The dependent care program.
(iii) Migrant day care.
(iv) The youth services bureau.
(v) The project safe program.
(vi) The commodities program.
(vii) The migrant nutrition program.
(viii) Any emergency shelter program.
(ix) The energy weatherization program.
(x) Programs for individuals with developmental disabilities.
(4) The state department of health, for money expended under the
following statutes:
(A) IC 16-19-10.
(B) IC 16-38-3.
(5) The group.
(6) All state agencies, for any other money expended for the
purchase of services if all the following apply:
(A) The purchases are made under a contract between the state
agency and the office of the secretary.
(B) The contract includes a requirement that the office of the
secretary perform the duties and exercise the powers described
in this chapter.
(C) The contract is approved by the budget agency.
(7) The division of mental health and addiction.
SOURCE: IC 12-8-14-5; (06)SB0041.1.31. -->
SECTION 31. IC 12-8-14-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. Services to support
families of persons with disabilities and persons with disabilities may
include services available within the division of family and children,
the division of disability aging, and rehabilitative services, the division
of aging, the division of mental health and addiction, the state
department of health, the department of education, the department of
workforce development, and the department of correction, including
case management and service coordination.
SOURCE: IC 12-9-1-1; (06)SB0041.1.32. -->
SECTION 32. IC 12-9-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The division of
disability aging, and rehabilitative services is established.
SOURCE: IC 12-9-1-3; (06)SB0041.1.33. -->
SECTION 33. IC 12-9-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The division consists
of the following bureaus:
(1) Disability determination bureaus required or permitted under
IC 12-9-6.
(2) The bureau of aging and in-home services established by
IC 12-10-1-1.
(3) (2) The rehabilitation services bureau established by
IC 12-12-1-1.
(4) (3) The bureau of developmental disabilities services
established by IC 12-11-1.1-1.
(5) (4) The bureau of quality improvement services established by
IC 12-12.5-1-1.
SOURCE: IC 12-9-4-1; (06)SB0041.1.34. -->
SECTION 34. IC 12-9-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. As used in this
chapter, "council" refers to the division of disability aging, and
rehabilitative services advisory council established by this chapter.
SOURCE: IC 12-9-4-2; (06)SB0041.1.35. -->
SECTION 35. IC 12-9-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. The division of
disability aging, and rehabilitative services advisory council is
established.
SOURCE: IC 12-9-5-1; (06)SB0041.1.36. -->
SECTION 36. IC 12-9-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The division shall
administer money appropriated or allocated to the division by the state,
including money appropriated or allocated from the following:
(1) The Older Americans Act (42 U.S.C. 3001 et seq.).
(2) The United States Department of Agriculture (7 U.S.C. 612C
et seq.).
(3) (1) The federal Vocational Rehabilitation Act (29 U.S.C.
701).
(4) (2) The federal Social Services Block Grant in-home services
for the elderly and disabled (42 U.S.C. 1397 et seq.).
(5) (3) The federal Randolph Sheppard Act (20 U.S.C. 107 et
seq.).
(6) (4) Medicaid waiver in-home services for the elderly and
disabled (42 U.S.C. 1396 et seq.) for treatment of
developmental disabilities.
(7) (5) Office of Disability Determination (42 U.S.C. 1302 and 42
U.S.C. 1383).
(8) (6) The federal Technology Related Assistance to Individuals
with Disabilities Act (29 U.S.C. 2201).
(9) (7) The federal Social Security Act Payments for Vocational
Rehabilitation Services (42 U.S.C. 422).
(10) (8) Money appropriated or allocated to the division to
administer a program under this title.
(11) (9) Other funding sources that are designated by the general
assembly or that are available from the federal government under
grants that are consistent with the duties of the division.
SOURCE: IC 12-9-5-3; (06)SB0041.1.37. -->
SECTION 37. IC 12-9-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The division shall
administer the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-10.
(C) (B) IC 12-11.
(D) (C) IC 12-12.
(E) (D) IC 12-12.5.
(2) Programs under the following statutes, to the extent the
division has responsibilities for programs under those statutes:
(A) IC 12-24.
(B) IC 12-26.
(C) IC 12-27.
(D) IC 12-28.
(E) IC 12-29.
(F) IC 12-30.
(3) Supported employment for a person with developmental
disabilities.
(4) Epilepsy service centers program.
(5) Epilepsy clinic program.
(6) Medicaid waivers for in-home services for treatment of
developmental disabilities.
SOURCE: IC 12-9-5-5; (06)SB0041.1.38. -->
SECTION 38. IC 12-9-5-5, AS ADDED BY P.L.212-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. Notwithstanding any other law:
(1) home health agencies licensed under IC 16-27-1 are approved
to provide home health services; and
(2) personal services agencies licensed under IC 16-27-4 are
approved to provide personal services;
under any federal waiver granted to the state under 42 U.S.C. 1315 or
42 U.S.C. 1396n that provides services for treatment of
developmental disabilities.
SOURCE: IC 12-9.1; (06)SB0041.1.39. -->
SECTION 39. IC 12-9.1 IS ADDED TO THE INDIANA CODE AS
A
NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2006]:
ARTICLE 9.1. DIVISION OF AGING
Chapter 1. Establishment of Division
Sec. 1. The division of aging is established.
Sec. 2. IC 12-8-8 applies to the division.
Sec. 3. The bureau of aging and in-home services established by
IC 12-10-1-1 is part of the division.
Chapter 2. Director of Division
Sec. 1. The division shall be administered by a director
appointed under IC 12-8-8-1.
Sec. 2. IC 12-8-8 applies to the director.
Sec. 3. (a) The director may do the following:
(1) Employ experts and consultants to assist the division in
carrying out the division's functions.
(2) Use, with their consent, the services and facilities of other
state agencies without reimbursement.
(3) Accept in the name of the division, for use in carrying out
the functions of the division, money or property received by
gift, bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available to the division according to
policies enforced by the budget agency.
(6) Adopt rules under IC 4-22-2 necessary to carry out the
functions of the division. However, rules adopted by the
director must be approved by the family and social services
committee established by IC 12-8-3-2 before submission to the
attorney general under IC 4-22-2-31.
(7) Establish and implement the policies and procedures
necessary to carry out the functions of the division.
(8) Perform any other acts necessary to carry out the
functions of the division.
(b) The director shall compile information and statistics from
each bureau concerning the ethnicity and gender of a program or
service recipient. The director may adopt rules under IC 4-22-2
necessary to implement this subsection.
Sec. 4. The director may, with the approval of the budget
agency, hire the personnel necessary to perform the duties of the
division.
Chapter 3. Personnel of Division
Sec. 1. Except as provided in IC 4-15-2-3.8, IC 4-15-2 applies to
all employees of the division.
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:
(1) within the course of the individual's employment; or
(2) under the authority or order of a superior officer;
the attorney general shall defend the individual in an action for
civil damages. If the action or proceeding is criminal in nature, the
governor shall designate counsel to represent and defend the
accused, and the state is financially responsible for the expense of
the defense.
(b) This section does not do either of the following:
(1) Deprive an individual of the right to select defense counsel
of the individual's choice at the individual's expense.
(2) Relieve any person from responsibility in civil damages.
Chapter 4. Duties of Division
Sec. 1. The division shall administer money appropriated or
allocated to the division by the state, including money appropriated
or allocated from the following:
(1) The federal Older Americans Act (42 U.S.C. 3001 et seq.).
(2) The United States Department of Agriculture (7 U.S.C.
612C et seq.).
(3) Medicaid waiver in-home services for the elderly and
disabled (42 U.S.C. 1396 et seq.) for treatment of medical
conditions.
(4) Money appropriated or allocated to the division to
administer a program under this title.
(5) Other funding sources that are designated by the general
assembly or available from the federal government under
grants that are consistent with the duties of the division.
Sec. 2. The division shall administer the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-10.
(2) Programs under IC 12-30, to the extent the division has
responsibilities for programs under IC 12-30.
(3) Medicaid waivers for in-home services for treatment of
medical conditions.
Sec. 3. Notwithstanding any other law:
(1) home health agencies licensed under IC 16-27-1 are
approved to provide home health services; and
(2) personal services agencies licensed under IC 16-27-4 are
approved to provide personal services;
under any federal waiver granted to the state under 42 U.S.C. 1315
or 42 U.S.C. 1396n that provides services for treatment of medical
conditions.
SOURCE: IC 12-10-1-3; (06)SB0041.1.40. -->
SECTION 40. IC 12-10-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The bureau shall
administer the following programs:
(1)
The federal Older Americans Act under
IC 12-9-5-1.
IC 12-9.1-4-1.
(2) Area agencies on aging services under this article.
(3) Adult protective services under IC 12-10-3.
(4) Room and board assistance and assistance to residents in
county homes under IC 12-10-6.
(5) Adult guardianship program under IC 12-10-7.
(6) Community and home options for the elderly and disabled
under IC 12-10-10.
(7) Nursing home preadmission screening under IC 12-10-12.
(8) Long term care advocacy under IC 12-10-13.
(9) Nutrition services and home delivered meals.
(10) Title III B supportive services.
(11) Title III D in-home services.
(12) Aging programs under the Social Services Block Grant.
(13) United States Department of Agriculture elderly feeding
program.
(14) Title V senior employment.
(15) PASARR under older adult services.
SOURCE: IC 12-10-3-29.5; (06)SB0041.1.41. -->
SECTION 41. IC 12-10-3-29.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 29.5. (a) Except as provided in
subsection (b), an adult protective services unit or a staff member
of the adult protective services unit on the basis of the staff
member's employment may not be designated as:
(1) a personal representative;
(2) a health care representative;
(3) a guardian;
(4) a guardian ad litem; or
(5) any other type of representative;
for an endangered adult.
(b) The:
(1) county prosecutor in the county in which the adult
protective services unit is located; or
(2) head of the governmental entity if the adult protective
services unit is operated by a governmental entity;
may give written permission for an adult protective services unit
or a staff member of the adult protective services unit to be
designated as a representative described in subsection (a)(1)
through (a)(5).
SOURCE: IC 12-10-6-1; (06)SB0041.1.42. -->
SECTION 42. IC 12-10-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) An individual
who:
(1) is at least sixty-five (65) years of age, blind, or disabled; and
(2) is a resident of a county home;
is eligible to receive assistance payments from the state if the
individual would be eligible for assistance under the federal
Supplemental Security Income program except for the fact that the
individual is residing in a county home.
(b) The amount of nonmedical assistance to be paid on behalf of a
resident in a county home must be based on the daily rate established
by the division. The rate for facilities under this section and licensed
under IC 16-28 may not exceed an upper rate limit established by a rule
adopted by the division.
(c) The rate for facilities under this section but not licensed under
IC 16-28 must be the lesser of:
(1) an upper rate limit established by a rule adopted by the
division; or
(2) a reasonable and adequate rate to meet the costs, determined
by generally accepted accounting principles, that are incurred by
efficiently and economically operated facilities in order to provide
care and services in conformity with quality and safety standards
and applicable laws and rules.
(d) The recipient shall be paid or allowed to retain from the
recipient's income a monthly personal allowance. The amount:
(1) is fifty-two dollars ($52);
(2) is exempt from income eligibility consideration by the
division; and
(3) may be exclusively used by the recipient for personal needs.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual is allowed to retain an
amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which the month occurs. This amount is exempt
from income eligibility consideration by the division. The amount
retained shall be used by the individual to pay state or local income
taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount equal to one-half
(1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that
month for payment of state income tax, federal income tax,
and the tax prescribed by the federal Insurance Contribution
Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(h) The division, of disability, aging, and rehabilitative services, in
cooperation with the state department of health taking into account
licensure requirements under IC 16-28, shall adopt rules under
IC 4-22-2 governing the reimbursement to facilities under this section.
The rules must be designed to determine the costs that must be incurred
by efficiently and economically operated facilities to provide room,
board, laundry, and other services, along with minimal administrative
direction to individuals who receive residential care in the facilities
under this section. A rule adopted under this subsection by:
(1) the division; or
(2) the state department of health;
must conform to the rules for residential care facilities that are licensed
under IC 16-28.
(i) A rate established under this section may be appealed according
to the procedures under IC 4-21.5.
(j) The division shall annually review each facility's rate using the
following:
(1) Generally accepted accounting principles.
(2) The costs incurred by efficiently and economically operated
facilities in order to provide care and services in conformity with
quality and safety standards and applicable laws and rules.
SOURCE: IC 12-10-6-2.1; (06)SB0041.1.43. -->
SECTION 43. IC 12-10-6-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.1. (a) An individual
who is incapable of residing in the individual's own home may apply
for residential care assistance under this section. The determination of
eligibility for residential care assistance is the responsibility of the
division. Except as provided in subsections (g) and (i), an individual is
eligible for residential care assistance if the division determines that the
individual:
(1) is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2) is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health
care facility licensed under IC 16-28; and
(4) can be adequately cared for in a residential care setting.
(b) Individuals suffering from mental retardation may not be
admitted to a home or facility that provides residential care under this
section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility
under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility
under subsection (a), including a review of the existing
evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this
subsection is mentally retarded, the service coordinator may
recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care
consists of only room, board, and laundry, along with minimal
administrative direction. State financial assistance may be provided for
such care in a boarding or residential home of the applicant's choosing
that is licensed under IC 16-28 or a Christian Science facility listed and
certified by the Commission for Accreditation of Christian Science
Nursing Organizations/Facilities, Inc., that meets certain life safety
standards considered necessary by the state fire marshal. Payment for
such care shall be made to the provider of the care according to
division directives and supervision. The amount of nonmedical
assistance to be paid on behalf of a recipient living in a boarding home,
residential home, or Christian Science facility shall be based on the
daily rate established by the division. The rate for facilities that are
referred to in this section and licensed under IC 16-28 may not exceed
an upper rate limit established by a rule adopted by the division. The
recipient may retain from the recipient's income a monthly personal
allowance of fifty-two dollars ($52). This amount is exempt from
income eligibility consideration by the division and may be exclusively
used by the recipient for the recipient's personal needs. However, if the
recipient's income is less than the amount of the personal allowance,
the division shall pay to the recipient the difference between the
amount of the personal allowance and the recipient's income. A reserve
or an accumulated balance from such a source, together with other
sources, may not be allowed to exceed the state's resource allowance
allowed for adults eligible for state supplemental assistance or
Medicaid as established by the rules of the office of Medicaid policy
and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The rate of payment to the provider shall be determined in
accordance with a prospective prenegotiated payment rate predicated
on a reasonable cost related basis, with a growth of profit factor, as
determined in accordance with generally accepted accounting
principles and methods, and written standards and criteria, as
established by the division. The division shall establish an
administrative appeal procedure to be followed if rate disagreement
occurs if the provider can demonstrate to the division the necessity of
costs in excess of the allowed or authorized fee for the specific
boarding or residential home. The amount may not exceed the
maximum established under subsection (d).
(h) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount equal to one-half
(1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that
month for payment of state income tax, federal income tax,
and the tax prescribed by the federal Insurance Contribution
Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(i) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(j) The director of the division may contract with the division of
mental health and addiction or the division of disability aging, and
rehabilitative services to purchase services for individuals suffering
from mental illness or a developmental disability by providing money
to supplement the appropriation for community residential care
programs established under IC 12-22-2 or community residential
programs established under IC 12-11-1.1-1.
(k) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.
SOURCE: IC 12-10-10-2; (06)SB0041.1.44. -->
SECTION 44. IC 12-10-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. As used in this
chapter, "community and home care services" means services provided
within the limits of available funding to an eligible individual. The
term includes the following:
(1) Homemaker services and attendant care, including personal
care services.
(2) Respite care services and other support services for primary
or family caregivers.
(3) Adult day care services.
(4) Home health services and supplies.
(5) Home delivered meals.
(6) Transportation.
(7) Attendant care services provided by a registered personal
services attendant under IC 12-10-17 IC 12-10-17.1 to persons
described in IC 12-10-17-6. IC 12-10-17.1-6.
(8) Other services necessary to prevent institutionalization of
eligible individuals when feasible.
SOURCE: IC 12-10-17.1; (06)SB0041.1.45. -->
SECTION 45. IC 12-10-17.1 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Chapter 17.1. Individuals in Need of Self-Directed In-Home
Care
Sec. 1. This chapter does not apply to the following:
(1) An individual who provides attendant care services and
who is employed by and under the direct control of a home
health agency (as defined in IC 12-15-34-1).
(2) An individual who provides attendant care services and
who is employed by and under the direct control of a licensed
hospice program under IC 16-25.
(3) An individual who provides attendant care services and
who is employed by and under the control of an employer that
is not the individual who is receiving the services.
(4) A practitioner (as defined in IC 25-1-9-2) who is practicing
under the scope of the practitioner's license (as defined in
IC 25-1-9-3).
Sec. 2. As used in this chapter, "ancillary services" means
services ancillary to the basic services provided to an individual in
need of self-directed in-home care who needs at least one (1) of the
basic services (as defined in section 4 of this chapter). The term
includes the following:
(1) Homemaker services, including shopping, laundry,
cleaning, and seasonal chores.
(2) Companion services, including transportation, letter
writing, mail reading, and escort services.
(3) Assistance with cognitive tasks, including managing
finances, planning activities, and making decisions.
Sec. 3. As used in this chapter, "attendant care services" means
those basic and ancillary services that the individual chooses to
direct and supervise a personal services attendant to perform and
that enable an individual in need of self-directed in-home care to
live in the individual's home and community rather than in an
institution and to carry out functions of daily living, self-care, and
mobility.
Sec. 4. As used in this chapter, "basic services" means a function
that could be performed by the individual in need of self-directed
in-home care if the individual were not physically disabled. The
term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, and
motor vehicles.
(2) Assistance with routine bodily functions, including:
(A) health related services (as defined in section 5 of this
chapter);
(B) bathing and personal hygiene;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
Sec. 5. As used in this chapter, "health related services" means
those medical activities that, in the written opinion of the attending
physician submitted to the case manager of the individual in need
of self-directed in-home care, could be performed by the individual
if the individual were physically capable, and if the medical
activities can be safely performed in the home, and:
(1) are performed by a person who has been trained or
instructed on the performance of the medical activities by an
individual in need of self-directed in-home care who is, in the
written opinion of the attending physician submitted to the
case manager of the individual in need of self-directed
in-home care, capable of training or instructing the person
who will perform the medical activities; or
(2) are performed by a person who has received training or
instruction from a licensed health professional, within the
professional's scope of practice, in how to properly perform
the medical activity for the individual in need of self-directed
in-home care.
Sec. 6. As used in this chapter, "individual in need of
self-directed in-home care" means a disabled individual, or person
responsible for making health related decisions for the disabled
individual, who:
(1) is approved to receive Medicaid waiver services under 42
U.S.C. 1396n(c), or is a participant in the community and
home options to institutional care for the elderly and disabled
program under IC 12-10-10;
(2) is in need of attendant care services because of
impairment;
(3) requires assistance to complete functions of daily living,
self-care, and mobility, including those functions included in
attendant care services;
(4) chooses to self-direct a paid personal services attendant to
perform attendant care services; and
(5) assumes the responsibility to initiate self-directed in-home
care and exercise judgment regarding the manner in which
those services are delivered, including the decision to employ,
train, and dismiss a personal services attendant.
Sec. 7. As used in this chapter, "licensed health professional"
means any of the following:
(1) A registered nurse.
(2) A licensed practical nurse.
(3) A physician with an unlimited license to practice medicine
or osteopathic medicine.
(4) A licensed dentist.
(5) A licensed chiropractor.
(6) A licensed optometrist.
(7) A licensed pharmacist.
(8) A licensed physical therapist.
(9) A certified occupational therapist.
(10) A certified psychologist.
(11) A licensed podiatrist.
(12) A licensed speech-language pathologist or audiologist.
Sec. 8. As used in this chapter, "personal services attendant"
means an individual who is registered to provide attendant care
services under this chapter and who has entered a contract with an
individual and acts under the individual's direction to provide
attendant care services that could be performed by the individual
if the individual were physically capable.
Sec. 9. As used in this chapter, "self-directed in-home health
care" means the process by which an individual, who is prevented
by a disability from performing basic and ancillary services that
the individual would perform if not disabled, chooses to direct and
supervise a paid personal services attendant to perform those
services in order for the individual to live in the individual's home
and community rather than an institution.
Sec. 10. (a) An individual may not provide attendant care
services for compensation from Medicaid or the community and
home options to institutional care for the elderly and disabled
program for an individual in need of self-directed in-home care
services unless the individual is registered under section 12 of this
chapter.
(b) An individual who is a legally responsible relative of an
individual in need of self-directed in-home care, including a parent
of a minor individual and a spouse, is precluded from providing
attendant care services for compensation under this chapter.
Sec. 11. An individual who desires to provide attendant care
services must register with the division or with an organization
designated by the division.
Sec. 12. (a) The division shall register an individual who
provides the following:
(1) A personal resume containing information concerning the
individual's qualifications, work experience, and any
credentials the individual may hold. The individual must
certify that the information contained in the resume is true
and accurate.
(2) The individual's limited criminal history check from the
Indiana central repository for criminal history information
under IC 10-13-3 or another source allowed by law.
(3) If applicable, the individual's state nurse aide registry
report from the state department of health. This subdivision
does not require an individual to be a nurse aide.
(4) Three (3) letters of reference.
(5) A registration fee. The division shall establish the amount
of the registration fee.
(6) Proof that the individual is at least eighteen (18) years of
age.
(7) Any other information required by the division.
(b) A registration is valid for two (2) years. A personal services
attendant may renew the personal services attendant's registration
by updating any information in the file that has changed and by
paying the fee required under subsection (a)(5). The limited
criminal history check and report required under subsection (a)(2)
and (a)(3) must be updated every two (2) years.
(c) The division and any organization designated under section
11 of this chapter shall maintain a file for each personal services
attendant that contains:
(1) comments related to the provision of attendant care
services submitted by an individual in need of self-directed
in-home care who has employed the personal services
attendant; and
(2) the items described in subsection (a)(1) through (a)(4).
(d) Upon request, the division shall provide to an individual in
need of self-directed in-home care the following:
(1) Without charge, a list of personal services attendants who
are registered with the division and available within the
requested geographic area.
(2) A copy of the information of a specified personal services
attendant who is on file with the division under subsection (c).
The division may charge a fee for shipping, handling, and
copying expenses.
Sec. 13. The case manager of an individual in need of
self-directed in-home care shall maintain an attending physician's
written opinion submitted under section 5 of this chapter in a case
file that is maintained for the individual by the case manager.
Sec. 14. (a) A personal services attendant who is hired by the
individual in need of self-directed in-home care is an employee of
the individual in need of self-directed in-home care.
(b) The division is not liable for any actions of a personal
services attendant or an individual in need of self-directed in-home
care.
(c) A personal services attendant and an individual in need of
self-directed in-home care are each liable for any negligent or
wrongful act or omission in which the person personally
participates.
Sec. 15. (a) Except as provided in subsection (b), an individual
in need of self-directed in-home care is responsible for recruiting,
hiring, training, paying, certifying any employment related
documents, dismissing, and supervising in the individual's home
during service hours a personal services attendant who provides
attendant care services for the individual.
(b) If an individual in need of self-directed in-home care is:
(1) less than twenty-one (21) years of age; or
(2) unable to direct in-home care because of a brain injury or
mental deficiency;
the individual's parent, spouse, legal guardian, or a person
possessing a valid power of attorney may make employment, care,
and training decisions and certify any employment related
documents on behalf of the individual.
(c) An individual in need of self-directed in-home care or an
individual under subsection (b) and the individual's case manager
shall develop an authorized care plan. The authorized care plan
must include a list of weekly services or tasks that must be
performed to comply with the authorized care plan.
Sec. 16. The division shall adopt rules under IC 4-22-2
concerning:
(1) the method of payment to a personal services attendant
who provides authorized services under this chapter; and
(2) record keeping requirements for personal attendant
services.
Sec. 17. The individual in need of self-directed in-home care and
the personal services attendant must each sign a contract, in a form
approved by the division, that includes, at a minimum, the
following provisions:
(1) The responsibilities of the personal services attendant.
(2) The frequency the personal services attendant will provide
attendant care services.
(3) The duration of the contract.
(4) The hourly wage of the personal services attendant. The
wage may not be less than the federal minimum wage or more
than the rate that the recipient is eligible to receive under a
Medicaid home and community based services waiver or the
community and home options to institutional care for the
elderly and disabled program for attendant care services.
(5) Reasons and notice agreements for early termination of
the contract.
Sec. 18. (a) The office shall amend the home and community
based services waiver program under the state Medicaid plan to
provide for the payment for attendant care services provided by a
personal services attendant for an individual in need of
self-directed in-home care under this chapter, including any
related record keeping and employment expenses.
(b) The office shall not, to the extent permitted by federal law,
consider as income money paid under this chapter to or on behalf
of an individual in need of self-directed in-home care to enable the
individual to employ registered personal services attendants, for
purposes of determining the individual's income eligibility for
services under this chapter.
Sec. 19. The division may:
(1) initiate demonstration projects to test new ways of
providing attendant care services; and
(2) research ways to best provide attendant care services in
urban and rural areas.
Sec. 20. (a) The division and office may adopt rules under
IC 4-22-2 that are necessary to implement this chapter.
(b) The office shall apply for any federal waivers necessary to
implement this chapter.
Sec. 21. The division shall adopt rules under IC 4-22-2
concerning the following:
(1) The receipt, review, and investigation of complaints
concerning the:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care by a
personal services attendant.
(2) Establishing notice and administrative hearing procedures
in accordance with IC 4-21.5.
(3) Appeal procedures, including judicial review of
administrative hearings.
(4) Procedures to place a personal services attendant who has
been determined to have been guilty of:
(A) neglect;
(B) abuse;
(C) mistreatment; or
(D) misappropriation of property;
of an individual in need of self-directed in-home care on the
state nurse aide registry.
SOURCE: IC 12-10.5-1-4; (06)SB0041.1.46. -->
SECTION 46. IC 12-10.5-1-4, AS AMENDED BY P.L.37-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) The division of
disability, aging
and
rehabilitative services established by
IC 12-9-1-1 IC 12-9.1-1-1 shall
administer the caretaker support program established under this
chapter.
(b) The division of disability, aging and rehabilitative services shall
do the following:
(1) Subject to section 9 of this chapter, adopt rules under
IC 4-22-2 for the coordination and administration of the caretaker
support program.
(2) Administer any money for the caretaker support program that
is appropriated by the general assembly.
SOURCE: IC 12-12-2-3; (06)SB0041.1.47. -->
SECTION 47. IC 12-12-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The commission
consists of at least fourteen (14) members appointed by the governor
as follows:
(1) Three (3) members representing advocacy groups for:
(A) individuals with:
(i) physical;
(ii) cognitive;
(iii) sensory; and
(iv) mental;
disabilities; or
(B) parents, guardians, or advocates of individuals with
disabilities who have difficulty or who are unable to represent
themselves.
(2) At least one (1) member representing current or former
applicants for vocational rehabilitation services or recipients of
vocational rehabilitation services.
(3) At least one (1) representative of the statewide Independent
Living Council.
(4) At least one (1) representative of a parent training and
information center established by the individuals with disabilities
education act.
(5) At least one (1) representative of the Indiana protection and
advocacy services agency.
(6) At least one (1) representative of community rehabilitation
program service providers.
(7) Four (4) representatives of business, industry, and labor.
(8) The director of the division of disability
aging, and
rehabilitative services shall serve as an ex officio member.
(9) A vocational rehabilitation counselor shall serve as an ex
officio nonvoting member.
(b) Not more than seven (7) members of the commission may be
from the same political party.
(c) At least fifty-one percent (51%) of the commission must be
persons with disabilities who are not employees of the division of
disability aging, and rehabilitative services.
SOURCE: IC 12-12-2-7; (06)SB0041.1.48. -->
SECTION 48. IC 12-12-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. The commission
shall do the following:
(1) Advise the division concerning the division's performance in
the following areas:
(A) Eligibility and order of selection.
(B) Scope, extent, and effectiveness of services.
(C) Functions of state agencies in addition to vocational
rehabilitation affecting individuals in achieving rehabilitation
goals.
(2) Advise the secretary of family and social services and the
division of disability aging, and rehabilitative services concerning
the state plan, applications, and the strategic plan.
(3) Review and analyze the effectiveness and consumer
satisfaction with the functions of the agencies dealing with
persons with disabilities and with vocational rehabilitation
services.
(4) Prepare and submit an annual report to the governor and the
rehabilitation services administration commissioner on the status
of vocational rehabilitation programs in Indiana.
(5) Coordinate with other councils in Indiana.
(6) Advise and provide for coordination and working
relationships between the state agency and the Independent
Living Council and Independent Living centers.
SOURCE: IC 12-12-2-11; (06)SB0041.1.49. -->
SECTION 49. IC 12-12-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. The commission,
in conjunction with the division of disability aging, and rehabilitative
services, may employ staff and other personnel as necessary.
SOURCE: IC 12-12-9-2; (06)SB0041.1.50. -->
SECTION 50. IC 12-12-9-2, AS AMENDED BY P.L.218-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. The office of the secretary shall, on the first
business day of each month, send a copy of a report filed under section
1 of this chapter to the following persons:
(1) For persons less than seventeen (17) years of age, to the
following:
(A) The Indiana School for the Blind and Visually Impaired.
(B) The division of disability aging, and rehabilitative
services.
(C) The division of special education of the department of
education.
(2) For persons at least seventeen (17) years of age, to the
following:
(A) The division of disability aging, and rehabilitative
services.
(B) On request, organizations serving the blind or visually
impaired and the state department of health.
SOURCE: IC 12-12-9-4; (06)SB0041.1.51. -->
SECTION 51. IC 12-12-9-4, AS AMENDED BY P.L.218-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) On receiving a report under this chapter, the
division of disability aging, and rehabilitative services shall provide
information to the visually impaired individual designated in the report
concerning available state and local services.
(b) For a visually impaired individual less than seventeen (17) years
of age, the Indiana School for the Blind and Visually Impaired:
(1) has the primary duty of initially contacting the visually
impaired individual or the individual's family; and
(2) shall notify the division of disability aging, and rehabilitative
services and the department of education of the school's findings.
SOURCE: IC 12-15-32-10; (06)SB0041.1.52. -->
SECTION 52. IC 12-15-32-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) An applicant for
Medicaid who desires to be placed in a community residential facility
must first receive a diagnostic evaluation to be provided by the division
of disability aging, and rehabilitative services.
(b) Subsequent diagnostic evaluations by the division of disability
aging, and rehabilitative services shall be provided at least every
twelve (12) months to review the individual's need for services.
(c) The office shall consider the evaluations in determining the
appropriateness of placement.
SOURCE: IC 12-16-1-1; (06)SB0041.1.53. -->
SECTION 53. IC 12-16-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. As used in this
chapter, "affected agency" means any of the following:
(1) The department of correction.
(2) The state department of health.
(3) The division of mental health and addiction.
(4) The division of disability aging, and rehabilitative services.
SOURCE: IC 12-16-2.5-5; (06)SB0041.1.54. -->
SECTION 54. IC 12-16-2.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. The hospital care for
the indigent program does not apply to inmates and patients of
institutions of the department of correction, the state department of
health, the division of mental health and addiction, the division of
aging, or the division of disability aging, and rehabilitative services.
SOURCE: IC 12-16-10.5-1; (06)SB0041.1.55. -->
SECTION 55. IC 12-16-10.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The division shall,
with the advice of the division's medical staff, the division of mental
health and addiction, the division of aging, the division of disability
aging, and rehabilitative services, and other individuals selected by the
director of the division, adopt rules under IC 4-22-2 to do the
following:
(1) Provide for review and approval of services paid under the
hospital care for the indigent program.
(2) Establish limitations consistent with medical necessity on the
duration of services to be provided.
(3) Specify the amount of and method for reimbursement for
services.
(4) Specify the conditions under which payments will be denied
and improper payments will be recovered.
SOURCE: IC 12-17-15-1; (06)SB0041.1.56. -->
SECTION 56. IC 12-17-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. As used in this
chapter, "agency" means a department, a commission, a council, a
board, a bureau, a division, a service, an office, or an administration
that is responsible for providing services to infants and toddlers with
disabilities and their families, including the following:
(1) The division of mental health and addiction.
(2) The state department of health.
(3) The division of family and children.
(4) The division of disability aging, and rehabilitative services.
(5) The department of education.
SOURCE: IC 12-20-16-3; (06)SB0041.1.57. -->
SECTION 57. IC 12-20-16-3, AS AMENDED BY P.L.73-2005,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 3. (a) The township trustee may, in cases of
necessity, authorize the payment from township assistance money for
essential utility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) The township trustee may authorize the payment of delinquent
bills for the services listed in subsection (a)(1) through (a)(5) when
necessary to prevent the termination of the services or to restore
terminated service if the delinquency has lasted not longer than
twenty-four (24) months. The township trustee has no obligation to pay
a delinquent bill for the services or materials listed in subsection (a)(1)
through (a)(5) if the delinquency has lasted longer than twenty-four
(24) months.
(c) The township trustee is not required to pay for any utility
service:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if the
applicant proves that the applicant:
(i) received the services as a tenant residing at the service
address at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult member of
a household requesting township assistance; or
(3) that includes the use of township assistance funds for the
payment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant to
utility company property.
(d) The amount paid by the township trustee, as administrator of
township assistance, and the amount charged for water services may
not exceed the minimum rate charged for the service as fixed by the
Indiana utility regulatory commission.
(e) This subsection applies only during the part of each year when
applications for assistance are accepted by the division under
IC 12-14-11. A township trustee may not provide assistance to make
any part of a payment for heating fuel or electric services for more than
thirty (30) days unless the individual files an application with the
township trustee that includes the following:
(1) Evidence of application for assistance for heating fuel or
electric services from the division under IC 12-14-11.
(2) The amount of assistance received or the reason for denial of
assistance.
The township trustee shall inform an applicant for assistance for
heating fuel or electric services that assistance for heating fuel and
electric services may be available from the division under IC 12-14-11
and that the township trustee may not provide assistance to make any
part of a payment for those services for more than thirty (30) days
unless the individual files an application for assistance for heating fuel
or electric services under IC 12-14-11. However, if the applicant
household is eligible under criteria established by the division of
disability aging, and rehabilitative services for energy assistance under
IC 12-14-11, the trustee may certify the applicant as eligible for that
assistance by completing an application form prescribed by the state
board of accounts and forwarding the eligibility certificate to the
division of disability aging, and rehabilitative services within the
period established for the acceptance of applications. If the trustee
follows this certification procedure, no other application is required for
assistance under IC 12-14-11.
(f) If an individual or a member of an individual's household has
received assistance under subsection (b), the individual must, before
the individual or the member of the individual's household may receive
further assistance under subsection (b), certify whether the individual's
or household's income, resources, or household size has changed since
the individual filed the most recent application for township assistance.
If the individual or a member of the individual's household certifies that
the income, resources, or household size has changed, the township
trustee shall review the individual's or household's eligibility and may
make any necessary adjustments in the level of assistance provided to
the individual or to a member of the individual's household.
SOURCE: IC 12-24-1-1; (06)SB0041.1.58. -->
SECTION 58. IC 12-24-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The director of the
division of disability aging, and rehabilitative services has
administrative control of and responsibility for the following state
institutions:
(1) Fort Wayne State Developmental Center.
(2) Muscatatuck State Developmental Center.
(3) (2) Any other state owned or operated developmental center.
SOURCE: IC 12-24-1-3; (06)SB0041.1.59. -->
SECTION 59. IC 12-24-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The director of
the division of mental health and addiction has administrative control
of and responsibility for the following state institutions:
(1) Central State Hospital.
(2) (1) Evansville State Hospital.
(3) (2) Evansville State Psychiatric Treatment Center for
Children.
(4) (3) Larue D. Carter Memorial Hospital.
(5) (4) Logansport State Hospital.
(6) (5) Madison State Hospital.
(7) (6) Richmond State Hospital.
(8) (7) Any other state owned or operated mental health
institution.
(b) Subject to the approval of the director of the budget agency and
the governor, the director of the division of mental health and addiction
may contract for the management and clinical operation of Larue D.
Carter Memorial Hospital.
(c) The following applies only to the institutions described in
subsection (a)(2) (a)(1) and (a)(3): (a)(2):
(1) Notwithstanding any other statute or policy, the division of
mental health and addiction may not do the following after
December 31, 2001, unless specifically authorized by a statute
enacted by the general assembly:
(A) Terminate, in whole or in part, normal patient care or other
operations at the facility.
(B) Reduce the staffing levels and classifications below those
in effect at the facility on January 1, 2002.
(C) Terminate the employment of an employee of the facility
except in accordance with IC 4-15-2.
(2) The division of mental health and addiction shall fill a
vacancy created by a termination described in subdivision (1)(C)
so that the staffing levels at the facility are not reduced below the
staffing levels in effect on January 1, 2002.
(3) Notwithstanding any other statute or policy, the division of
mental health and addiction may not remove, transfer, or
discharge any patient at the facility unless the removal, transfer,
or discharge is in the patient's best interest and is approved by:
(A) the patient or the patient's parent or guardian;
(B) the individual's gatekeeper; and
(C) the patient's attending physician.
(d) The Evansville State Psychiatric Treatment Center for Children
shall remain independent of Evansville State Hospital and the
southwestern Indiana community mental health center, and the
Evansville State Psychiatric Treatment Center for Children shall
continue to function autonomously unless a change in administration
is specifically authorized by an enactment of the general assembly.
SOURCE: IC 12-24-1-8; (06)SB0041.1.60. -->
SECTION 60. IC 12-24-1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) Each state
institution shall post a notice that a resident, the legal representative of
the resident, or another individual designated by the resident may
request from the individual in charge of each shift information that
designates the names of all nursing personnel or direct care staff on
duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the state institution;
where the resident resides.
(b) The notice required under subsection (a) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven
(11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the resident,
or another individual designated by the resident is unable to
obtain the information described in subsection (a) from the
individual in charge of each shift, the resident, the legal
representative of the resident, or other individual designated by
the resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(c) The director of the:
(1) division of disability aging, and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-24-1-9; (06)SB0041.1.61. -->
SECTION 61. IC 12-24-1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) A director shall
produce a statistical report semiannually for each state institution that
is under the director's administrative control. The statistical report must
list the following information:
(1) The number of total hours worked in the state institution by
each classification of personnel for which the director maintains
data.
(2) The resident census of the state institution for which the
director maintains data.
(b) The director shall provide a compilation of the statistical reports
prepared under subsection (a) to the following:
(1) Each state institution that is under the director's administrative
control.
(2) The adult protective services unit under IC 12-10-3.
(c) Each state institution shall:
(1) make available in a place that is readily accessible to residents
and the public a copy of the compilation of statistical reports
provided under this section; and
(2) post a notice that a copy of the compilation of statistical
reports may be requested from the individual in charge of each
shift.
(d) The notice required under subsection (c)(2) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven
(11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the resident,
or another individual designated by the resident is unable to
obtain the compilation of statistical reports from the individual in
charge of each shift, the resident, the legal representative of the
resident, or other individual designated by the resident may do
any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll
free telephone number.
(e) The director of the:
(1) division of disability aging, and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
SOURCE: IC 12-24-11-2; (06)SB0041.1.62. -->
SECTION 62. IC 12-24-11-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) This section
applies to an individual who has a primary diagnosis of developmental
disability.
(b) Action contemplated by a patient under this section includes
action by the patient's parent or guardian if the patient is not competent.
(c) If a patient is admitted to a state institution, the staff of the state
institution shall, before the patient is discharged, ask the patient
whether the patient's medical and treatment records may be sent to a
service coordinator employed by the division of disability
aging, and
rehabilitative services under IC 12-11-2.1 so the service coordinator
may send the records to local agencies serving the needs of
developmentally disabled individuals in the area in which the patient
will reside.
(d) If a patient agrees to release the records, the patient shall sign a
form permitting the state institution to release to a service coordinator
employed by the division of disability aging, and rehabilitative services
under IC 12-11-2.1 a copy of the patient's medical and treatment
records to forward to local agencies serving the needs of
developmentally disabled individuals in the area in which the patient
will reside. The form must read substantially as follows:
AUTHORIZATION TO RELEASE
MEDICAL AND TREATMENT
RECORDS
I agree to permit ________________________________
(name of state institution)
to release a copy of the medical and treatment records of
__________________ to_________________________
(patient's name) (name of local agency
serving the needs of
developmentally disabled
individuals)
______________ ___________________________
(date) (signature)
___________________________
(address)
____________________ ___________________________
(signature of individual (relationship to patient if
securing release of signature is not that of the
medical and treatment patient)
records)
(e) If a patient knowingly signs the form for the release of medical
records under subsection (d), a service coordinator employed by the
division of disability
aging, and rehabilitative services under
IC 12-11-2.1 shall allow local agencies serving the needs of
developmentally disabled individuals in the area in which the patient
will reside to obtain the following:
(1) The patient's name.
(2) The address of the patient's intended residence.
(3) The patient's medical records.
(4) A complete description of the treatment the patient was
receiving at the state institution at the time of the patient's
discharge.
(f) If the local agency does not obtain a patient's records, the state
institution shall deliver the medical records to the local agency before
or at the time the patient is discharged.
(g) If a patient does not agree to permit the release of the patient's
medical and treatment records, the service coordinator shall deliver:
(1) the patient's name; and
(2) the address of the patient's intended residence;
to local agencies serving the needs of developmentally disabled
individuals in the area in which the patient will reside before or at the
time the patient is discharged.
SOURCE: IC 12-24-12-10; (06)SB0041.1.63. -->
SECTION 63. IC 12-24-12-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) Upon admission
to a state institution administered by the division of mental health and
addiction, the gatekeeper is one (1) of the following:
(1) For an individual with a psychiatric disorder, the community
mental health center that submitted the report to the committing
court under IC 12-26.
(2) For an individual with a developmental disability, a division
of disability aging, and rehabilitative services service coordinator
under IC 12-11-2.1.
(3) For an individual entering an addictions program, an
addictions treatment provider that is certified by the division of
mental health and addiction.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient
comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of
insanity under IC 35-36-2-4 and is subject to a civil commitment
under IC 12-26.
(3) An individual who is immediately subject to a civil
commitment upon the individual's release from incarceration in
a facility administered by the department of correction or the
Federal Bureau of Prisons, or upon being charged with or
convicted of a forcible felony under IC 35-41-1.
(4) An individual placed under the supervision of the division for
addictions treatment under IC 12-23-7 and IC 12-23-8.
(5) An individual transferred from the department of correction
under IC 11-10-4.
SOURCE: IC 12-26-6-8; (06)SB0041.1.64. -->
SECTION 64. IC 12-26-6-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) If, upon the
completion of the hearing and consideration of the record, the court
finds that the individual is mentally ill and either dangerous or gravely
disabled, the court may order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and addiction,
the record of commitment proceedings must include a report from a
community mental health center stating both of the following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section 2(c)
of this chapter may be affiliated with the community mental health
center that submits to the court the report required by subsection (c).
(e) If the commitment is of an adult to a research bed at Larue D.
Carter Memorial Hospital as set forth in IC 12-21-2-3, the report from
a community mental health center is not required.
(f) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability aging, and
rehabilitative services under this chapter is appropriate.
SOURCE: IC 12-26-7-3; (06)SB0041.1.65. -->
SECTION 65. IC 12-26-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A petition filed
under section 2 of this chapter must include a physician's written
statement that states both of the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in a facility for a
period expected to be more than ninety (90) days.
(b) Except as provided in subsection (d), if the commitment is to a
state institution administered by the division of mental health and
addiction, the record of the proceedings must include a report from a
community mental health center stating both of the following:
(1) The community mental health center has evaluated the
individual.
(2) Commitment to a state institution administered by the division
of mental health and addiction under this chapter is appropriate.
(c) The physician who makes the statement required by subsection
(a) may be affiliated with the community mental health center that
makes the report required by subsection (b).
(d) If the commitment is of an adult to a research bed at Larue D.
Carter Memorial Hospital, as set forth in IC 12-21-2-3, the report from
a community mental health center is not required.
(e) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability aging, and
rehabilitative services under this chapter is appropriate.
SOURCE: IC 12-28-4-4; (06)SB0041.1.66. -->
SECTION 66. IC 12-28-4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. For residential
facilities for the developmentally disabled that are certified for
financial participation under the Medicaid program, the division of
disability aging, and rehabilitative services shall recommend staffing
limitations consistent with the program needs of the residents as a part
of the office of Medicaid policy and planning's rate setting procedures.
SOURCE: IC 12-28-4-5; (06)SB0041.1.67. -->
SECTION 67. IC 12-28-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. For residential
facilities for the developmentally disabled that are not certified for
financial participation under the Medicaid program, the division of
disability aging, and rehabilitative services shall approve appropriate
staffing limitations consistent with the program needs of the residents
as a part of the division's rate setting procedures.
SOURCE: IC 12-28-4-6; (06)SB0041.1.68. -->
SECTION 68. IC 12-28-4-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. The office of
Medicaid policy and planning and the division of disability
aging, and
rehabilitative services shall enter into a memorandum of agreement that
defines the staffing limitations to be used by the office of Medicaid
policy and planning in establishing reimbursement rates. The staffing
limitations under section 5 of this chapter may not exceed the staffing
limitations defined by the memorandum of agreement between the
office of Medicaid policy and planning and the division of disability
aging, and rehabilitative services under section 4 of this chapter.
SOURCE: IC 12-28-4-12; (06)SB0041.1.69. -->
SECTION 69. IC 12-28-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) Subject to the
availability of money and consistent with needs assessment, the
division of disability aging, and rehabilitative services shall give
priority to the establishment of residential facilities, other than the
facilities described in section 3 of this chapter, in counties in which the
ratio of the number of residential facility beds to county population is
in the lowest twenty-five percent (25%) when compared to all other
Indiana counties. The division of disability aging, and rehabilitative
services may operate residential facilities established under this
section.
(b) Before the division of disability aging, and rehabilitative
services takes any steps to establish a residential facility under this
section, the division shall place at least two (2) legal advertisements in
a newspaper having a general circulation in the county. These
advertisements must be aimed at recruiting private parties to serve as
operators of residential facilities in the county. The advertisements
must be published at intervals at least one (1) month apart.
SOURCE: IC 12-28-4-13; (06)SB0041.1.70. -->
SECTION 70. IC 12-28-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The division of
disability aging, and rehabilitative services may operate a program
known as the development and lease effort. Under the program, the
division of disability aging, and rehabilitative services may develop
contracts under which the state agrees to lease buildings from private
parties for use as residential facilities for mentally ill individuals or
autistic or other developmentally disabled individuals. Notwithstanding
any other law, each contract may include provisions that ensure the
following:
(1) That the state will lease a building for not more than ten (10)
years for use as a residential facility for autistic individuals.
(2) That the state will retain the right to extend the term of the
lease for not more than ten (10) years at the conclusion of the first
ten (10) years.
(3) That the state will retain the right to sublease the building to
a person who agrees to operate the building as a residential
facility for autistic individuals under this chapter.
(b) Leases entered into under this section are subject to the approval
of the Indiana department of administration, the attorney general, the
governor, and the budget agency, as provided by law.
SOURCE: IC 12-28-5-2; (06)SB0041.1.71. -->
SECTION 71. IC 12-28-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) The community
residential facilities council is established. The council consists of the
following members appointed by the governor:
(1) One (1) professional possessing specialized training in the
field of human development.
(2) One (1) member of the professional staff of the division of
disability aging, and rehabilitative services.
(3) One (1) member of the professional staff of the office of
Medicaid policy and planning.
(4) One (1) member of the professional staff of the state
department of health.
(5) One (1) individual possessing a special interest in
developmentally disabled individuals.
(6) One (1) individual possessing a special interest in mentally ill
individuals.
(7) One (1) individual who is the chief executive officer of a
facility providing both day services and residential services for
developmentally disabled individuals.
(8) One (1) individual who is the chief executive officer of a
facility providing residential services only for developmentally
disabled individuals.
(9) One (1) individual who is a member of the professional staff
of the Indiana protection and advocacy services commission. The
individual appointed under this subdivision is an ex officio
member of the council.
(10) One (1) individual who is the chief executive officer of an
entity providing only supported living services.
(11) One (1) individual who is receiving services through the
bureau of developmental disabilities services.
(12) Two (2) members of the public. One (1) member appointed
under this subdivision may be a member of a representative
organization of state employees.
(b) Except for the members designated by subsection (a)(7), (a)(8),
and (a)(10), a member of the council may not have an indirect or a
direct financial interest in a residential facility for the developmentally
disabled.
SOURCE: IC 12-28-5-10; (06)SB0041.1.72. -->
SECTION 72. IC 12-28-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. In conjunction with
the division of disability
aging, and rehabilitative services, the council
shall do the following:
(1) Determine the current and projected needs of each geographic
area of Indiana for residential services for developmentally
disabled individuals.
(2) Determine how the provision of developmental or vocational
services for residents in these geographic areas affects the
availability of developmental or vocational services to
developmentally disabled individuals living in their own homes.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
(5) Recommend social and habilitation programs to the Indiana
health facilities council for developmentally disabled individuals
who reside in health facilities licensed under IC 16-28.
(6) Develop and update semiannually a report that identifies the
numbers of developmentally disabled individuals who live in
health facilities licensed under IC 16-28. The Indiana health
facilities council shall assist in developing and updating this
report.
SOURCE: IC 12-28-5-15; (06)SB0041.1.73. -->
SECTION 73. IC 12-28-5-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. The division of
disability aging, and rehabilitative services shall provide the staff for
the council to accomplish the council's functions. The council may
require any other agency of state government to assist the council in
performing a review of a supervised group living facility to determine
if the supervised group living facility should be licensed.
SOURCE: IC 12-28-5-16; (06)SB0041.1.74. -->
SECTION 74. IC 12-28-5-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. The division of
disability
aging, and rehabilitative services is the primary state agency
responsible for planning, developing, coordinating, and implementing
the plan and program of supervised group living facilities and services,
including developmental and vocational services, needed for
developmentally disabled individuals residing in those facilities. Other
state agencies authorized by law or rule to carry out activities and
control money that have a direct bearing upon the provision of
supervised group living services shall enter into memoranda of
understanding or contracts with the division of disability
aging, and
rehabilitative services to ensure a coordinated utilization of resources
and responsibilities.
SOURCE: IC 12-29-1-7; (06)SB0041.1.75. -->
SECTION 75. IC 12-29-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) On the first
Monday in October, the county auditor shall certify to:
(1) the division of disability aging, and rehabilitative services, for
a community mental retardation and other developmental
disabilities center; and
(2) the president of the board of directors of each center;
the amount of money that will be provided to the center under this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from
agencies supported within the county solely by county tax money.
SOURCE: IC 12-29-3-6; (06)SB0041.1.76. -->
SECTION 76. IC 12-29-3-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) As used in this
section, "community mental retardation and other developmental
disabilities center" means a community center that is:
(1) incorporated under IC 23-7-1.1 (before its repeal August 1,
1991) or IC 23-17;
(2) organized for the purpose of providing services for mentally
retarded and other individuals with a developmental disability;
(3) approved by the division of disability
aging, and rehabilitative
services; and
(4) accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
(b) The county executive of a county may authorize the furnishing
of financial assistance to a community mental retardation and other
developmental disabilities center serving the county.
(c) Upon the request of the county executive, the county fiscal body
may appropriate annually, from the general fund of the county, money
to provide financial assistance in an amount not to exceed the amount
that could be collected from the annual tax levy of sixty-seven
hundredths of one cent ($0.0067) on each one hundred dollars ($100)
of taxable property.
SOURCE: IC 16-27-1-2; (06)SB0041.1.77. -->
SECTION 77. IC 16-27-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) As used in this
chapter, "home health agency" means a person that provides or offers
to provide only a home health service for compensation.
(b) The term does not include the following:
(1) An individual health care professional who provides
professional services to a patient in the temporary or permanent
residence of the patient.
(2) A local health department as described in IC 16-20 or
IC 16-22-8.
(3) A person that:
(A) is approved by the division of disability aging, and
rehabilitative services to provide supported living services or
supported living supports to individuals with developmental
disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and
(C) serves only individuals with developmental disabilities
who are in a placement authorized under IC 12-11-2.1-4.
SOURCE: IC 16-27-1-5; (06)SB0041.1.78. -->
SECTION 78. IC 16-27-1-5, AS AMENDED BY P.L.212-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) As used in this chapter, "home health
services" means services that:
(1) are provided to a patient by:
(A) a home health agency; or
(B) another person under an arrangement with a home health
agency;
in the temporary or permanent residence of the patient; and
(2) either, are required by law to be:
(A) ordered by a licensed physician, a licensed dentist, a
licensed chiropractor, a licensed podiatrist, or a licensed
optometrist for the service to be performed; or
(B) performed only by a health care professional.
(b) The term includes the following:
(1) Nursing treatment and procedures.
(2) Physical therapy.
(3) Occupational therapy.
(4) Speech therapy.
(5) Medical social services.
(6) Home health aide services.
(7) Other therapeutic services.
(c) The term does not apply to the following:
(1) Services provided by a physician licensed under IC 25-22.5.
(2) Incidental services provided by a licensed health facility to
patients of the licensed health facility.
(3) Services provided by employers or membership organizations
using health care professionals for their employees, members, and
families of the employees or members if the health or home care
services are not the predominant purpose of the employer or a
membership organization's business.
(4) Nonmedical nursing care given in accordance with the tenets
and practice of a recognized church or religious denomination to
a patient who depends upon healing by prayer and spiritual means
alone in accordance with the tenets and practices of the patient's
church or religious denomination.
(5) Services that are allowed to be performed by an attendant
under IC 16-27-1-10.
(6) Authorized services provided by a personal services attendant
under IC 12-10-17. IC 12-10-17.1.
SOURCE: IC 16-27-4-4; (06)SB0041.1.79. -->
SECTION 79. IC 16-27-4-4, AS ADDED BY P.L.212-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) As used in this chapter, "personal
services" means:
(1) attendant care services;
(2) homemaker services that assist with or perform household
tasks, including housekeeping, shopping, laundry, meal planning
and preparation, and cleaning; and
(3) companion services that provide fellowship, care, and
protection for a client, including transportation, letter writing,
mail reading, and escort services;
that are provided to a client at the client's residence.
(b) The term does not apply to the following:
(1) Incidental services provided by a licensed health facility to
patients of the licensed health facility.
(2) Services provided by employers or membership organizations
for their employees, members, and families of the employees or
members if the services are not the predominant purpose of the
employer or the membership organization's business.
(3) Services that are allowed to be performed by a personal
services attendant under IC 12-10-17. IC 12-10-17.1.
(4) Services that require the order of a health care professional for
the services to be lawfully performed in Indiana.
(5) Assisted living Medicaid waiver services.
(6) Services that are performed by a facility described in
IC 12-10-15.
SOURCE: IC 16-27-4-5; (06)SB0041.1.80. -->
SECTION 80. IC 16-27-4-5, AS ADDED BY P.L.212-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. (a) As used in this chapter, "personal services
agency" means a person that provides or offers to provide a personal
service for compensation, whether through the agency's own employees
or by arrangement with another person.
(b) The term does not include the following:
(1) An individual who provides personal services only to the
individual's family or to not more than three (3) individuals per
residence and not more than a total of seven (7) individuals
concurrently. As used in this subdivision, "family" means the
individual's spouse, child, parent, parent-in-law, grandparent,
grandchild, brother, brother-in-law, sister, sister-in-law, aunt,
aunt-in-law, uncle, uncle-in-law, niece, and nephew.
(2) A local health department as described in IC 16-20 or
IC 16-22-8.
(3) A person that:
(A) is approved by the division of disability aging, and
rehabilitative services to provide supported living services or
supported living support to individuals with developmental
disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and
(C) serves only individuals with developmental disabilities
who are in a placement authorized under IC 12-11-2.1-4.
SOURCE: IC 16-28-1-1; (06)SB0041.1.81. -->
SECTION 81. IC 16-28-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) The Indiana
health facilities council is created. The council consists of fourteen (14)
members as follows:
(1) One (1) licensed physician.
(2) Two (2) administrators, licensed under IC 25-19-1, of a
proprietary health facility licensed under this article.
(3) One (1) administrator, licensed under IC 25-19-1, of a
nonproprietary health facility licensed under this article.
(4) One (1) registered nurse licensed under IC 25-23.
(5) One (1) registered pharmacist licensed under IC 25-26.
(6) Two (2) citizens having knowledge or experience in the field
of gerontology.
(7) One (1) representative of a statewide senior citizens
organization.
(8) One (1) citizen having knowledge or experience in the field of
mental health.
(9) One (1) nurse-educator of a practical nurse program.
(10) The commissioner.
(11) The director of the division of family and children or the
director's designee.
(12) The director of the division of disability, aging and
rehabilitative services or the director's designee.
(b) The members of the council designated by subsection (a)(1)
through (a)(9) shall be appointed by the governor.
(c) Except for the members of the council designated by subsection
(a)(10) through (a)(12), all appointments are for four (4) years. If a
vacancy occurs, the appointee serves for the remainder of the
unexpired term. A vacancy is filled from the same group that was
represented by the outgoing member.
(d) Except for the members of the council designated by subsection
(a)(2) through (a)(3), a member of the council may not have a
pecuniary interest in the operation of or provide professional services
through employment or under contract to a facility licensed under this
article.
SOURCE: IC 16-28-13-2; (06)SB0041.1.82. -->
SECTION 82. IC 16-28-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) As used in
this chapter, "other unlicensed employee" means:
(1) an employee of a health facility;
(2) a hospital based health facility; or
(3) a personal services attendant (as defined by IC 12-10-17-8);
in IC 12-10-17.1-8);
who is not licensed (as defined in IC 25-1-9-3) by a board (as defined
in IC 25-1-9-1).
(b) The term does not include an employee of an ambulatory
outpatient surgical center, a home health agency, a hospice program,
or a hospital that is not licensed (as defined in IC 25-1-9-3) by a board
(as defined in IC 25-1-9-1).
SOURCE: IC 16-32-2-3; (06)SB0041.1.83. -->
SECTION 83. IC 16-32-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. The committee shall
be composed of the following members:
(1) The director of the division of disability
aging, and
rehabilitative services or the director's designee.
(2) The commissioner of the Indiana department of administration
or the commissioner's designee.
(3) The executive director of the governor's planning council on
people with disabilities.
(4) The director of the division of mental health and addiction or
the director's designee.
(5) The commissioner of the state department of health or the
commissioner's designee.
(6) Three (3) members appointed by the governor to represent the
public at large.
SOURCE: IC 16-32-2-4; (06)SB0041.1.84. -->
SECTION 84. IC 16-32-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. The members of the
committee shall be reimbursed for expenses at a rate equal to that of
state employees on a per diem basis by the division of disability aging,
and rehabilitative services.
SOURCE: IC 16-32-2-5; (06)SB0041.1.85. -->
SECTION 85. IC 16-32-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. The director of the
division of disability aging, and rehabilitative services shall designate
a staff member to act as executive secretary to the committee.
SOURCE: IC 16-36-3-10; (06)SB0041.1.86. -->
SECTION 86. IC 16-36-3-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. The superintendent
shall compile a report of all medically necessary treatments approved
under this chapter during each calendar quarter and send the report to
the director of the division of mental health and addiction or the
director of the division of disability aging, and rehabilitative services
not more than one (1) month after the end of that quarter. The report
must contain the following information:
(1) The name of the patient.
(2) The type of action taken.
(3) The date of the action.
(4) The reason for the action.
(5) The names of the treating physician, the physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician's opinion.
SOURCE: IC 16-39-2-2; (06)SB0041.1.87. -->
SECTION 87. IC 16-39-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. A record for each
patient receiving mental health services shall be maintained by the
provider. The mental health record must contain the information that
the division of mental health and addiction, the division of disability
aging, and rehabilitative services, or the state department requires by
rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to the
patient involved as well as to the provider. The provider shall maintain
the original mental health record or a microfilm of the mental health
record for at least seven (7) years.
SOURCE: IC 16-39-2-6; (06)SB0041.1.88. -->
SECTION 88. IC 16-39-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) Without the
consent of the patient, the patient's mental health record may only be
disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in
IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability
aging, and rehabilitative services, or
the rules of the provider.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127(b)) who are operating
under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of a person with a
disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-17-2-16.
(C) (B) IC 12-24-17-5.
(D) (C) IC 16-41-2-3.
(E) (D) IC 31-33-5-4.
(F) (E) IC 34-30-16-2.
(G) (F) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
SOURCE: IC 16-40-1-2; (06)SB0041.1.89. -->
SECTION 89. IC 16-40-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Except as
provided in subsection (b), each:
(1) physician;
(2) superintendent of a hospital;
(3) director of a local health department;
(4) director of a county office of family and children;
(5) director of the division of disability aging, and rehabilitative
services;
(6) superintendent of a state institution serving the handicapped;
or
(7) superintendent of a school corporation;
who diagnoses, treats, provides, or cares for a person with a disability
shall report the disabling condition to the state department within sixty
(60) days.
(b) Each:
(1) physician holding an unlimited license to practice medicine;
or
(2) optometrist licensed under IC 25-24-1;
shall file a report regarding a blind or visually impaired person with the
office of the secretary of family and social services in accordance with
IC 12-12-9.
SOURCE: IC 20-26-11-8; (06)SB0041.1.90. -->
SECTION 90. IC 20-26-11-8, AS AMENDED BY P.L.89-2005,
SECTION 4, AND AS AMENDED BY P.L.231-2005, SECTION 33,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 8. (a) A student who is placed in a
state licensed private or public health care facility, child care facility,
or foster family home:
(1) by or with the consent of the division of family and children;
(2) by a court order; or
(3) by a child placing agency licensed by the division of family
and children;
may attend school in the school corporation in which the home or
facility is located. If the school corporation in which the home or
facility is located is not the school corporation in which the student has
legal settlement, the school corporation in which the student has legal
settlement shall pay the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen (14)
consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent of the student shall
notify the school corporation in which the facility is located and the
school corporation of the student's legal settlement, if identifiable, of
the placement. Not later than thirty (30) days after this notice, the
school corporation of legal settlement shall either pay the transfer
tuition of the transferred student or appeal the payment by notice to the
department. The acceptance or notice of appeal by the school
corporation must be given by certified mail to the parent or guardian of
the student and any affected school corporation. In the case of a student
who is not identified as disabled under IC 20-35, the state board shall
make a determination on transfer tuition according to the procedures
in section 15 of this chapter. In the case of a student who has been
identified as disabled under IC 20-35, the determination on transfer
tuition shall be made under this subsection and the procedures adopted
by the state board under IC 20-35-2-1(c)(5). IC 20-35-2-1(b)(5).
(c) A student who is placed in:
(1) an institution operated by the division of disability aging, and
rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability
aging, and rehabilitative services or the division of mental health
and addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c); and
(2) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility,
home, or institution is located. The department shall conduct an
investigation and determine whether any other entity or person is
required to pay transfer tuition. If the department determines that no
other entity or person is required to pay transfer tuition, the state shall
pay the transfer tuition for the student out of the funds appropriated
for tuition support.
SECTION 91. IC 20-34-3-15, AS ADDED BY P.L.1-2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 15. (a) Whenever the test required under section
14 of this chapter discloses that the hearing of a student is impaired and
the student cannot be taught advantageously in regular classes, the
governing body of the school corporation shall provide appropriate
remedial measures and correctional devices. The governing body shall
advise the student's parent of the proper medical care, attention, and
treatment needed. The governing body shall provide approved
mechanical auditory devices and prescribe courses in lip reading by
qualified, competent, and approved instructors. The state
superintendent and the director of the rehabilitation services bureau of
the division of disability aging, and rehabilitative services shall:
(1) cooperate with school corporations to provide assistance under
this section; and
(2) provide advice and information to assist school corporations
in complying with this section.
The governing body may adopt rules for the administration of this
section.
(b) Each school corporation may receive and accept bequests and
donations for immediate use or as trusts or endowments to assist in
meeting costs and expenses incurred in complying with this section.
When funds for the full payment of the expenses are not otherwise
available in a school corporation, an unexpended balance in the state
treasury that is available for the use of local schools and is otherwise
unappropriated may be loaned to the school corporation for that
purpose by the governor. A loan made by the governor under this
section shall be repaid to the fund in the state treasury from which the
loan came not more than two (2) years after the date it was advanced.
Loans under this section shall be repaid through the levying of taxes in
the borrowing school corporation.
SOURCE: IC 20-35-2-1; (06)SB0041.1.92. -->
SECTION 92. IC 20-35-2-1, AS ADDED BY P.L.218-2005,
SECTION 79, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) There is established under the state board
a division of special education. The division shall exercise all the
power and duties set out in this chapter, IC 20-35-3 through
IC 20-35-6, and IC 20-35-8.
(b) The governor shall appoint, upon the recommendation of the
state superintendent, a director of special education who serves at the
pleasure of the governor. The amount of compensation of the director
shall be determined by the budget agency with the approval of the
governor. The director has the following duties:
(1) To do the following:
(A) Have general supervision of all programs, classes, and
schools for children with disabilities, including those
conducted by public schools, the Indiana School for the Blind
and Visually Impaired, the Indiana School for the Deaf, the
department of correction, the state department of health, the
division of disability
aging, and rehabilitative services, and the
division of mental health and addiction.
(B) Coordinate the work of schools described in clause (A).
For programs for preschool children with disabilities as required
under IC 20-35-4-9, have general supervision over programs,
classes, and schools, including those conducted by the schools or
other state or local service providers as contracted for under
IC 20-35-4-9. However, general supervision does not include the
determination of admission standards for the state departments,
boards, or agencies authorized to provide programs or classes
under this chapter.
(2) To adopt, with the approval of the state board, rules governing
the curriculum and instruction, including licensing of personnel
in the field of education, as provided by law.
(3) To inspect and rate all schools, programs, or classes for
children with disabilities to maintain proper standards of
personnel, equipment, and supplies.
(4) With the consent of the state superintendent and the budget
agency, to appoint and determine salaries for any assistants and
other personnel needed to enable the director to accomplish the
duties of the director's office.
(5) To adopt, with the approval of the state board, the following:
(A) Rules governing the identification and evaluation of
children with disabilities and their placement under an
individualized education program in a special education
program.
(B) Rules protecting the rights of a child with a disability and
the parents of the child with a disability in the identification,
evaluation, and placement process.
(6) To make recommendations to the state board concerning
standards and case load ranges for related services to assist each
teacher in meeting the individual needs of each child according
to that child's individualized education program. The
recommendations may include the following:
(A) The number of teacher aides recommended for each
exceptionality included within the class size ranges.
(B) The role of the teacher aide.
(C) Minimum training recommendations for teacher aides and
recommended procedures for the supervision of teacher aides.
(7) To cooperate with the interagency coordinating council
established by IC 12-17-15-7 to ensure that the preschool special
education programs required IC 20-35-4-9 are consistent with the
early intervention services program described in IC 12-17-15.
(c) The director or the state board may exercise authority over
vocational programs for children with disabilities through a letter of
agreement with the department of workforce development.
SOURCE: IC 20-35-3-1; (06)SB0041.1.93. -->
SECTION 93. IC 20-35-3-1, AS ADDED BY P.L.218-2005,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1. (a) The state superintendent shall appoint a
state advisory council on the education of children with disabilities.
The state advisory council's duties consist of providing policy guidance
concerning special education and related services for children with
disabilities. The state superintendent shall appoint at least seventeen
(17) members who serve for a term of four (4) years. Vacancies shall
be filled in the same manner for the unexpired balance of the term.
(b) The members of the state advisory council must be:
(1) citizens of Indiana;
(2) representative of the state's population; and
(3) selected on the basis of their involvement in or concern with
the education of children with disabilities.
(c) A majority of the members of the state advisory council must be
individuals with disabilities or the parents of children with disabilities.
Members must include the following:
(1) Parents of children with disabilities.
(2) Individuals with disabilities.
(3) Teachers.
(4) Representatives of higher education institutions that prepare
special education and related services personnel.
(5) State and local education officials.
(6) Administrators of programs for children with disabilities.
(7) Representatives of state agencies involved in the financing or
delivery of related services to children with disabilities, including
the following:
(A) The commissioner of the state department of health or the
commissioner's designee.
(B) The director of the division of disability aging, and
rehabilitative services or the director's designee.
(C) The director of the division of mental health and addiction
or the director's designee.
(D) The director of the division of family and children or the
director's designee.
(8) Representatives of nonpublic schools and freeway schools.
(9) One (1) or more representatives of vocational, community, or
business organizations concerned with the provision of
transitional services to children with disabilities.
(10) Representatives of the department of correction.
(11) A representative from each of the following:
(A) The Indiana School for the Blind and Visually Impaired
board.
(B) The Indiana School for the Deaf board.
(d) The responsibilities of the state advisory council are as follows:
(1) To advise the state superintendent and the state board
regarding all rules pertaining to children with disabilities.
(2) To recommend approval or rejection of completed
comprehensive plans submitted by school corporations acting
individually or on a joint school services program basis with other
corporations.
(3) To advise the department of unmet needs within Indiana in the
education of children with disabilities.
(4) To provide public comment on rules proposed by the state
board regarding the education of children with disabilities.
(5) To advise the department in developing evaluations and
reporting data to the United States Secretary of Education under
20 U.S.C. 1418.
(6) To advise the department in developing corrective action
plans to address findings identified in federal monitoring reports
under 20 U.S.C. 1400 et seq.
(7) To advise the department in developing and implementing
policies related to the coordination of services for children with
disabilities.
(e) The state advisory council shall do the following:
(1) Organize with a chairperson selected by the state
superintendent.
(2) Meet as often as necessary to conduct the council's business
at the call of the chairperson, upon ten (10) days written notice,
but not less than four (4) times a year.
(f) Members of the state advisory council are entitled to reasonable
amounts for expenses necessarily incurred in the performance of their
duties.
(g) The state superintendent shall do the following:
(1) Designate the director to act as executive secretary of the state
advisory council.
(2) Furnish all professional and clerical assistance necessary for
the performance of the state advisory council's powers and duties.
(h) The affirmative votes of a majority of the members appointed to
the state advisory council are required for the state advisory council to
take action.
SOURCE: IC 20-35-4-10; (06)SB0041.1.94. -->
SECTION 94. IC 20-35-4-10, AS ADDED BY P.L.218-2005,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) For purposes of this section,
"comprehensive plan" means a plan for educating the following:
(1) All children with disabilities that a school corporation is
required to educate under sections 8 through 9 of this chapter.
(2) The additional children with disabilities that the school
corporation elects to educate.
(b) For purposes of this section, "school corporation" includes the
following:
(1) The Indiana School for the Blind and Visually Impaired board.
(2) The Indiana School for the Deaf board.
(c) The state board shall adopt rules under IC 4-22-2 detailing the
contents of the comprehensive plan. Each school corporation shall
complete and submit to the state superintendent a comprehensive plan.
School corporations operating cooperative or joint special education
services may submit a single comprehensive plan. In addition, if a
school corporation enters into a contractual agreement as permitted
under section 9 of this chapter, the school corporation shall collaborate
with the service provider in formulating the comprehensive plan.
(d) Notwithstanding the age limits set out in IC 20-35-1-2, the state
board may:
(1) conduct a program for the early identification of children with
disabilities, between the ages of birth and less than twenty-two
(22) years of age not served by the public schools or through a
contractual agreement under section 9 of this chapter; and
(2) use agencies that serve children with disabilities other than the
public schools.
(e) The state board shall adopt rules under IC 4-22-2 requiring the:
(1) department of correction;
(2) state department of health;
(3) division of disability aging, and rehabilitative services;
(4) Indiana School for the Blind and Visually Impaired board;
(5) Indiana School for the Deaf board; and
(6) division of mental health and addiction;
to submit to the state superintendent a plan for the provision of special
education for children in programs administered by each respective
agency who are entitled to a special education.
(f) The state superintendent shall furnish professional consultant
services to school corporations and the entities listed in subsection (e)
to aid them in fulfilling the requirements of this section.
SOURCE: IC 20-35-7-4; (06)SB0041.1.95. -->
SECTION 95. IC 20-35-7-4, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. As used in this chapter, "public agency" means
a public or private entity that has direct or delegated authority to
provide special education and related services, including the following:
(1) Public school corporations that operate programs individually
or cooperatively with other school corporations.
(2) Community agencies operated or supported by the office of
the secretary of family and social services.
(3) State developmental centers operated by the division of
disability aging, and rehabilitative services.
(4) State hospitals operated by the division of mental health and
addiction.
(5) State schools and programs operated by the state department
of health.
(6) Programs operated by the department of correction.
(7) Private schools and facilities that serve students referred or
placed by a school corporation, the division of special education,
the division of family and children, or other public entity.
SOURCE: IC 20-35-7-8; (06)SB0041.1.96. -->
SECTION 96. IC 20-35-7-8, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 8. (a) The division of disability aging, and
rehabilitative services, the division of mental health and addiction, and
the department of workforce development shall provide each school
corporation with written material describing the following:
(1) The adult services available to students.
(2) The procedures to be used to access those services.
(b) The material shall be provided in sufficient numbers to allow
each student and, if the student's parent is involved, each student's
parent to receive a copy at the annual case review if the purpose of the
meeting is to discuss transition services.
SOURCE: IC 20-35-7-11; (06)SB0041.1.97. -->
SECTION 97. IC 20-35-7-11, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) The division shall monitor public agency
compliance with the requirements of this chapter as part of the
division's ongoing program monitoring responsibilities.
(b) The division of disability aging, and rehabilitative services shall
monitor compliance with this chapter by vocational rehabilitation
services programs.
(c) The division and the division of disability aging, and
rehabilitative services shall confer, at least annually, to do the
following:
(1) Review compliance with the requirements of this chapter.
(2) Ensure that students with disabilities are receiving appropriate
and timely access to services.
SOURCE: IC 20-35-8-2; (06)SB0041.1.98. -->
SECTION 98. IC 20-35-8-2, AS ADDED BY P.L.218-2005,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. (a) The state board shall adopt rules under
IC 4-22-2 to establish limits on the amount of transportation that may
be provided in the student's individualized education program. Unless
otherwise specially shown to be essential by the child's individualized
education program, in case of residency in a public or private facility,
these rules must limit the transportation required by the student's
individualized education program to the following:
(1) The student's first entrance and final departure each school
year.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education in
a public school, the state or school corporation responsible for the
payment of transfer tuition under IC 20-26-11-1 through IC 20-26-11-4
shall pay the cost of transportation required by the student's
individualized education program. However, if a transfer student was
counted as an eligible student for purposes of a distribution in a
calendar year under IC 21-3-3.1, the transportation costs that the
transferee school may charge for a school year ending in the calendar
year shall be reduced by the sum of the following:
(1) The quotient of:
(A) the amount of money that the transferee school is eligible
to receive under IC 21-3-3.1-2.1 for the calendar year in which
the school year ends; divided by
(B) the number of eligible students for the transferee school
for the calendar year (as determined under IC 21-3-3.1-2.1).
(2) The amount of money that the transferee school is eligible to
receive under IC 21-3-3.1-4 for the calendar year in which the
school year ends for the transportation of the transfer student
during the school year.
(c) If a student receives a special education:
(1) in a facility operated by:
(A) the state department of health;
(B) the division of disability
aging, and rehabilitative services;
or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired; or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2 in
order to receive a special education because the student's school
corporation cannot provide an appropriate special education program,
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
SOURCE: IC 22-1-5-2; (06)SB0041.1.99. -->
SECTION 99. IC 22-1-5-2, AS ADDED BY P.L.212-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. As used in this chapter, "companion type
services" refers to services described in IC 12-10-17-2(2).
IC 12-10-17.1-2(2).
SOURCE: IC 22-3-2-2.3; (06)SB0041.1.100. -->
SECTION 100. IC 22-3-2-2.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.3. (a) As used in this
section, "volunteer worker" means a person who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184); and
(B) for which the person does not receive compensation of any
nature; and
(2) has been approved and accepted as a volunteer worker by the
director of:
(A) the division of disability aging, and rehabilitative services;
or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under this chapter through IC 22-3-6. However, a volunteer
worker is not under this chapter through IC 22-3-6.
SOURCE: IC 22-3-12-2; (06)SB0041.1.101. -->
SECTION 101. IC 22-3-12-2, AS AMENDED BY P.L.2-2005,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. When any compensable injury requires the
filing of a first report of injury by an employer, the employer's worker's
compensation insurance carrier or the self-insured employer shall
forward a copy of the report to the central office of the division of
disability
aging, and rehabilitative services, rehabilitation services
bureau at the earlier of the following occurrences:
(1) When the compensable injury has resulted in temporary total
disability of longer than twenty-one (21) days.
(2) When it appears that the compensable injury may be of such
a nature as to permanently prevent the injured employee from
returning to the injured employee's previous employment.
SOURCE: IC 25-22.5-1-2; (06)SB0041.1.102. -->
SECTION 102. IC 25-22.5-1-2, AS AMENDED BY P.L.212-2005,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) This article, as it relates to the unlawful
or unauthorized practice of medicine or osteopathic medicine, does not
apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an emergency
medical technician-basic advanced (as defined in
IC 16-18-2-112.5), an emergency medical technician-intermediate
(as defined in IC 16-18-2-112.7), an emergency medical
technician (as defined in IC 16-18-2-112), or a person with
equivalent certification from another state who renders advanced
life support (as defined in IC 16-18-2-7) or basic life support (as
defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-14-3-12 in response to an act that the governor in
good faith believes to be an act of terrorism (as defined in
IC 35-41-1-26.5); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
direction and supervision of the chiropractor under IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a registered nurse may administer anesthesia if the
registered nurse acts under the direction of and in the immediate
presence of a physician and holds a certificate of completion of a
course in anesthesia approved by the American Association of
Nurse Anesthetists or a course approved by the board.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(18) A psychologist practicing the psychologist's profession under
IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistant's
profession under IC 25-27.5.
(24) A physician providing medical treatment under
IC 25-22.5-1-2.1.
(25) An attendant who provides attendant care services (as
defined in IC 16-18-2-28.5).
(26) A personal services attendant providing authorized attendant
care services under IC 12-10-17. IC 12-10-17.1.
(b) A person described in subsection (a)(9) through (a)(18) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine
or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(21) through (a)(22) and a licensed
physician does not constitute the unlawful practice of medicine under
this article if the entity does not direct or control independent medical
acts, decisions, or judgment of the licensed physician. However, if the
direction or control is done by the entity under IC 34-30-15 (or
IC 34-4-12.6 before its repeal), the entity is excluded from the
application of this article as it relates to the unlawful practice of
medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for
a legend drug that is filled or refilled in a pharmacy owned or operated
by a hospital licensed under IC 16-21. A physician licensed in Indiana
who permits or authorizes a person to fill or refill a prescription or drug
order for a legend drug except as authorized in IC 16-42-19-11 through
IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
medicine under this chapter.
(e) A person described in subsection (a)(8) shall not be authorized
to dispense contraceptives or birth control devices.
SOURCE: IC 25-23-1-27.1; (06)SB0041.1.103. -->
SECTION 103. IC 25-23-1-27.1, AS AMENDED BY P.L.212-2005,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 27.1. (a) As used in this section, "licensed
health professional" means:
(1) a registered nurse;
(2) a licensed practical nurse;
(3) a physician with an unlimited license to practice medicine or
osteopathic medicine;
(4) a licensed dentist;
(5) a licensed chiropractor;
(6) a licensed optometrist;
(7) a licensed pharmacist;
(8) a licensed physical therapist;
(9) a licensed psychologist;
(10) a licensed podiatrist; or
(11) a licensed speech-language pathologist or audiologist.
(b) This chapter does not prohibit:
(1) furnishing nursing assistance in an emergency;
(2) the practice of nursing by any student enrolled in a board
approved nursing education program where such practice is
incidental to the student's program of study;
(3) the practice of any nurse who is employed by the government
of the United States or any of its bureaus, divisions, or agencies
while in the discharge of the nurse's official duties;
(4) the gratuitous care of sick, injured, or infirm individuals by
friends or the family of that individual;
(5) the care of the sick, injured, or infirm in the home for
compensation if the person assists only:
(A) with personal care;
(B) in the administration of a domestic or family remedy; or
(C) in the administration of a remedy that is ordered by a
licensed health professional and that is within the scope of
practice of the licensed health professional under Indiana law;
(6) performance of tasks by persons who provide health care
services which are delegated or ordered by licensed health
professionals, if the delegated or ordered tasks do not exceed the
scope of practice of the licensed health professionals under
Indiana law;
(7) a physician with an unlimited license to practice medicine or
osteopathic medicine in Indiana, a licensed dentist, chiropractor,
dental hygienist, optometrist, pharmacist, physical therapist,
podiatrist, psychologist, speech-language pathologist, or
audiologist from practicing the person's profession;
(8) a school corporation or school employee from acting under
IC 34-30-14;
(9) a personal services attendant from providing authorized
attendant care services under IC 12-10-17; IC 12-10-17.1; or
(10) an attendant who provides attendant care services (as defined
in IC 16-18-2-28.5).
SOURCE: IC 25-23.6-1-3.9; (06)SB0041.1.104. -->
SECTION 104. IC 25-23.6-1-3.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.9. "Governmental
employee" means an individual employed by the office of the secretary
of family and social services, the division of family and children, the
division of mental health and addiction, the division of disability aging,
and rehabilitative services, the division of aging, the department of
correction, or the state department of health in one (1) of the following
classifications:
(1) 2AA3 Behavioral clinician 3.
(2) 2AA4 Behavioral clinician 4.
(3) 2AA5 Clinical associate 5.
(4) 2FL1 Mental health administrator 1.
(5) 2FL2 Mental health administrator 2.
(6) 2FL3 Mental health administrator 3.
(7) 2AN3 Substance abuse counselor 3.
(8) 2AN4 Substance abuse counselor 4.
(9) 2AN5 Substance abuse counselor 5.
(10) 2AH2 Social services specialist 2.
(11) 2AH3 Social services specialist 3.
(12) 2AH4 Social services specialist 4.
(13) 2AI1 Psychiatric services director 1.
(14) 2AE2 Psychiatric social services specialist 2.
(15) 2AE3 Psychiatric social services specialist 3.
SOURCE: IC 27-8-12-7.1; (06)SB0041.1.105. -->
SECTION 105. IC 27-8-12-7.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7.1. The department of
insurance shall adopt rules under IC 4-22-2 that establish standards for
the qualification of a long term care policy under IC 12-15-39.6. The
rules must include the following:
(1) The standards adopted under section 7 of this chapter.
(2) The requirement that an insurer or other person who issues a
qualified long term care policy must at a minimum offer to each
policyholder or prospective policyholder a policy that provides
both:
(A) long term care facility coverage; and
(B) home and community care coverage.
(3) A provision that an insurer or other person who complies with
subdivision (2) may elect to also offer a qualified long term care
policy that provides only long term care facility coverage.
(4) The submission of data by insurers that will allow the
department of insurance, the office of Medicaid policy and
planning, and the division of disability aging and rehabilitative
services to administer the Indiana long term care program under
IC 12-15-39.6.
(5) Other standards needed to administer the Indiana long term
care program.
SOURCE: IC 29-3-3-5; (06)SB0041.1.106. -->
SECTION 106. IC 29-3-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. The chief of social
services (or a person designated by the chief of social services) at any
institution under the control of the division of mental health and
addiction or the division of disability aging, and rehabilitative services
may execute the necessary documents to make applications on behalf
of a patient in the institution to receive public assistance or to transfer
the patient to an alternate care facility without the appointment of a
guardian or other order of court.
SOURCE: IC 34-30-2-43.9; (06)SB0041.1.107. -->
SECTION 107. IC 34-30-2-43.9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 43.9.
IC 12-10-17-13(b) IC 12-10-17.1-14(b) (Concerning actions of a
personal services attendant).
SOURCE: IC 35-46-1-13; (06)SB0041.1.108. -->
SECTION 108. IC 35-46-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) A person who:
(1) believes or has reason to believe that an endangered adult is
the victim of battery, neglect, or exploitation as prohibited by this
chapter, IC 35-42-2-1(a)(2)(C), or IC 35-42-2-1(a)(2)(E); and
(2) knowingly fails to report the facts supporting that belief to the
division of disability aging, and rehabilitative services, the
division of aging, the adult protective services unit designated
under IC 12-10-3, or a law enforcement agency having
jurisdiction over battery, neglect, or exploitation of an endangered
adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protective
services unit who unlawfully discloses information contained in the
records of the division of disability aging and rehabilitative services
under IC 12-10-3-12 through IC 12-10-3-16 commits a Class C
infraction.
(c) A law enforcement agency that receives a report that an
endangered adult is or may be a victim of battery, neglect, or
exploitation as prohibited by this chapter, IC 35-42-2-1(a)(2)(C), or
IC 35-42-2-1(a)(2)(E) shall immediately communicate the report to the
adult protective services unit designated under IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares a
negative work performance evaluation, reduces benefits, pay, or work
privileges, or takes other action to retaliate against an individual who
in good faith makes a report under IC 12-10-3-9 concerning an
endangered individual commits a Class A infraction.
SOURCE: IC 36-2-14-18; (06)SB0041.1.109. -->
SECTION 109. IC 36-2-14-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) Notwithstanding
IC 5-14-3-4(b)(1), when a coroner investigates a death, the office of the
coroner is required to make available for public inspection and copying
the following:
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy, where
the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and the
authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6
of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, video recording, or audio recording of the autopsy, upon
the written request of the next of kin of the decedent or of an insurance
company investigating a claim arising from the death of the individual
upon whom the autopsy was performed. The insurance company is
prohibited from publicly disclosing any information contained in the
report beyond that information that may otherwise be disclosed by a
coroner under this section. This prohibition does not apply to
information disclosed in communications in conjunction with the
investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, video recording, or audio recording of the autopsy, upon
the written request of:
(1) the director of the division of disability aging, and
rehabilitative services established by IC 12-9-1-1; or
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
SOURCE: ; (06)SB0041.1.110. -->
SECTION 110. [EFFECTIVE JULY 1, 2006]
(a) As used in this
SECTION, "program" refers to the self-directed in-home care
program under IC 12-10-17.1, as added by this act.
(b) The office of the secretary of family and social services
established by IC 12-8-1-1 shall submit a report in electronic
format under IC 5-14-6 to the legislative council before November
1, 2009 concerning the:
(1) implementation; and
(2) outcome;
of the program.
(c) This SECTION expires December 31, 2010.
SOURCE: IC 12-10-17; IC 12-24-1-10.
; (06)SB0041.1.111. -->
SECTION 111. THE FOLLOWING ARE REPEALED
[EFFECTIVE JULY 1, 2006]: IC 12-10-17; IC 12-24-1-10.
SOURCE: ; (06)SB0041.1.112. -->
SECTION 112.
An emergency is declared for this act.