Be it enacted by the General Assembly of the State of Indiana:
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. IC 12-12.7-2.
SECTION 2. IC 5-10-8-7.3, AS AMENDED BY P.L.246-2005,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7.3. (a) As used in this section, "covered
individual" means an individual who is:
(1) covered under a self-insurance program established under
section 7(b) of this chapter to provide group health coverage; or
(2) entitled to services under a contract with a prepaid health care
delivery plan that is entered into or renewed under section 7(c) of
this chapter.
(b) As used in this section, "early intervention services" means
services provided to a first steps child under IC 12-17-15-3
IC 12-12.7-2 and 20 U.S.C. 1432(4).
(c) As used in this section, "first steps child" means an infant or
toddler from birth through two (2) years of age who is enrolled in the
Indiana first steps program and is a covered individual.
(d) As used in this section, "first steps program" refers to the
program established under IC 12-17-15 IC 12-12.7-2 and 20 U.S.C.
1431 et seq. to meet the needs of:
(1) children who are eligible for early intervention services; and
forth in IC 12-17-15-2. IC 12-12.7-2-2.
(6) For purposes of IC 12-18-3 and IC 12-18-4, the domestic
violence prevention and treatment council established by
IC 12-18-3-1.
(7) For purposes of IC 12-21-4, the meaning set forth in
IC 12-21-4-1.
(8) For purposes of IC 12-28-5, the meaning set forth in
IC 12-28-5-1.
SECTION 5. IC 12-7-2-69, AS AMENDED BY P.L.234-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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 family resources established by IC 12-13-1-1.
(3) 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) IC 12-11.
(D) IC 12-12.
(E) IC 12-12.5.
(F) IC 12-12.7.
(2) 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) 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.
UPON PASSAGE]:
ARTICLE 12.7. CHILD DEVELOPMENT SERVICES
Chapter 1. Bureau of Child Development Services
Sec. 1. The bureau of child development services is established
within the division.
Sec. 2. The director shall organize the bureau in the manner
necessary to carry out the bureau's duties. However, the bureau
must include a unit of services for infants and toddlers with
disabilities.
Sec. 3. The bureau shall do the following:
(1) Plan, establish, and operate programs and services
relating to child development services.
(2) Design all necessary state plans for child development
services required for the receipt and disbursement of any
money available to the state from the federal government.
(3) Direct the disbursement and administer the use of money
from all sources for child development programs
administered under this article.
Chapter 2. Infants and Toddlers With Disabilities Program
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 resources.
(4) The division of disability, aging, and rehabilitative
services.
(5) The department of education.
(6) The department of child services.
Sec. 2. As used in this chapter, "council" refers to the
interagency coordinating council established by section 7 of this
chapter.
Sec. 3. (a) As used in this chapter, "early intervention services"
means developmental services that meet the following conditions:
(1) Are provided under public supervision.
(2) Are designed to meet the developmental needs of infants
and toddlers with disabilities in at least one (1) of the areas
specified in section 4(a)(1) of this chapter.
(3) Meet all required state and federal standards.
(4) Are provided by qualified personnel, including the
following:
(A) Early childhood special educators, early childhood
educators, and special educators.
(B) Speech and language pathologists and audiologists.
(C) Occupational therapists.
(D) Physical therapists.
(E) Psychologists.
(F) Social workers.
(G) Nurses.
(H) Nutritionists.
(I) Family therapists.
(J) Orientation and mobility specialists.
(K) Pediatricians and other physicians.
(5) To the maximum extent appropriate, are provided in
natural environments, including the home and community
settings in which children without disabilities participate.
(6) Are provided in conformity with an individualized family
service plan adopted in accordance with 20 U.S.C. 1435.
(b) The term includes the following services:
(1) Family training, counseling, and home visits.
(2) Special instruction.
(3) Speech and language pathology, audiology, and sign
language and cued language services.
(4) Occupational therapy.
(5) Physical therapy.
(6) Psychological services.
(7) Service coordination services.
(8) Medical services only for diagnostic, evaluation, or
consultation purposes.
(9) Early identification, screening, and assessment services.
(10) Other health services necessary for an infant or a toddler
to benefit from the services.
(11) Vision services.
(12) Supportive technology services.
(13) Transportation and related costs that are necessary to
enable an infant or a toddler and the infant's or toddler's
family to receive early intervention services.
Sec. 4. (a) As used in this chapter, "infants and toddlers with
disabilities" means individuals from birth through two (2) years of
age who need early intervention services because the individuals
meet the following conditions:
(1) Are experiencing developmental delays, as measured by
appropriate diagnostic instruments and procedures, in at least
one (1) of the following:
(A) Cognitive development.
(B) Physical development.
(C) Communication development.
(D) Social or emotional development.
(E) Adaptive development.
(2) Have a diagnosed physical or mental condition that has a
high probability of resulting in developmental delay.
(b) The term may also include, under rules adopted by the
division, individuals from birth through two (2) years of age who
are at risk of having substantial developmental delays if early
intervention services are not provided.
Sec. 5. The purposes of this chapter are as follows:
(1) To enhance the development and minimize the potential
for developmental delay of infants and toddlers with
disabilities.
(2) To reduce educational costs to the state by minimizing the
need for special education and related services after infants
and toddlers with disabilities reach school age.
(3) To minimize the likelihood of institutionalization and
maximize the potential for independent living of individuals
with disabilities.
(4) To enhance the capacity of families to meet the special
needs of infants and toddlers with disabilities.
(5) To comply with 20 U.S.C. 1431 through 1445.
Sec. 6. (a) The division shall do the following:
(1) Carry out the general administration and supervision of
programs and activities receiving assistance under this
chapter, monitor programs and activities implemented by the
state, regardless of whether the programs and activities are
receiving assistance under this chapter, and ensure that the
state complies with 20 U.S.C. 1431 through 1445 in
implementing this chapter.
(2) Identify and coordinate all available resources from
federal, state, local, and private sources, including public and
private insurance coverage and using all existing applicable
resources to the full extent of the resources.
(3) Develop procedures to ensure that early intervention
services are provided to infants and toddlers with disabilities
and their families in a timely manner pending the resolution
of disputes among public agencies and providers.
(4) Resolve disputes within an agency or between agencies.
(5) Enter into formal interagency agreements that define the
financial responsibility of each agency for paying for early
intervention services consistent with Indiana law and
procedures for resolving disputes, including all additional
components necessary to ensure meaningful cooperation and
coordination.
(6) Develop and implement utilization review procedures for
services provided under this chapter.
(b) The state shall designate an individual or entity responsible
for assigning financial responsibility among appropriate agencies
under this chapter.
Sec. 7. The interagency coordinating council is established.
Sec. 8. (a) The council consists of at least fifteen (15) but not
more than twenty-five (25) members appointed by the governor as
follows:
(1) At least twenty percent (20%) of the members must be
individuals who:
(A) are parents, including minority parents, of infants or
toddlers with disabilities or of children who are less than
thirteen (13) years of age with disabilities; and
(B) have knowledge of or experience with programs for
infants and toddlers with disabilities.
At least one (1) of the members described in this subdivision
must be a parent of an infant or toddler with a disability or of
a child less than seven (7) years of age with a disability.
(2) At least twenty percent (20%) of the members must be
public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general
assembly.
(4) Each of the state agencies involved in the provision of or
payment for early intervention services to infants and
toddlers with disabilities and their families must be
represented by at least one (1) member. The members
described in this subdivision must have sufficient authority to
engage in policy planning and implementation on behalf of the
state agency the member represents.
(5) At least one (1) member must be involved in personnel
preparation.
(6) At least one (1) member must:
(A) represent a state educational agency responsible for
preschool services to children with disabilities; and
(B) have sufficient authority to engage in policy planning
and implementation on behalf of the agency.
(7) At least one (1) member must represent the department of
insurance created by IC 27-1-1-1.
(8) At least one (1) member must represent an agency or
program that is:
(A) located in Indiana; and
(B) authorized to participate in the Head Start program
under 42 U.S.C. 9831 et seq.
(9) At least one (1) member must represent a state agency
responsible for child care.
(10) At least one (1) member must represent the office of
Medicaid policy and planing established by IC 12-8-6-1.
(11) At least one (1) member must be a representative
designated by the office of coordinator for education of
homeless children and youths.
(12) At least one (1) member must be a state foster care
representative from the department of child services
established by IC 31-33-1.5-2.
(13) At least one (1) member must represent the division of
mental health and addiction established by IC 12-21-1-1.
(b) To the extent possible, the governor shall ensure that the
membership of the council reasonably represents the population of
Indiana.
Sec. 9. (a) The governor shall make the initial appointments
under section 8 of this chapter with staggered terms and
subsequent appointments for terms of three (3) years.
(b) A council member may be reappointed for succeeding terms.
Sec. 10. (a) The governor shall:
(1) designate a member of the council to serve as the
chairperson of the council; or
(2) require the council to designate a chairperson from within
its membership.
(b) A member of the council who is a representative of the
division may not serve as chairperson of the council.
(c) A chairperson may be reappointed for succeeding terms.
Sec. 11. Any of the following may call a meeting of the council:
and toddlers with disabilities and preschool special education
programs written reports concerning the implementation of
each agency's respective programs.
(5) Make recommendations to the various agencies concerning
improvements to each agency's delivery of services.
(6) Otherwise comply with 20 U.S.C. 1441.
Sec. 16. (a) To the extent that the services are appropriate, the
council shall advise and assist the department of education
regarding the transition of toddlers with disabilities to preschool
special education services under IC 20-35.
(b) The council may advise and assist the division and the
department of education regarding the provision of appropriate
services for children who are less than six (6) years of age.
Sec. 17. (a) A family shall participate in the cost of programs
and services provided under this chapter to the extent allowed by
federal law according to the following cost participation schedule:
Percentage of Copayment Maximum
Federal Income Per Monthly
Poverty Level Treatment Cost Share
At
But Not
Least
More Than
0%
250%
$ 0
$ 0
251%
350%
$ 3
$ 24
351%
450%
$ 6
$ 48
451%
550%
$ 15
$ 120
551%
650%
$ 25
$ 200
651%
750%
$ 50
$ 400
751%
850%
$ 75
$ 600
851%
1000%
$ 100
$ 800
1001%
$ 120
$ 960
(b) A cost participation plan used by the division for families to
participate in the cost of the programs and services provided under
this chapter:
(1) must:
(A) be based on income and ability to pay;
(B) provide for a review of a family's cost participation
amount:
(i) annually; and
(ii) within thirty (30) days after the family reports a
reduction in income; and
(C) allow the division to waive a required copayment if
other medical expenses or personal care needs expenses for
any member of the family reduce the level of income the
family has available to pay copayments under this section;
(2) may allow a family to voluntarily contribute payments
that exceed the family's required cost participation amount;
(3) must require the family to allow the division access to all
health care coverage information that the family has
concerning the infant or toddler who is to receive services;
(4) must require families to consent to the division billing
third party payors for early intervention services provided;
(5) may allow the division to waive the billing to third party
payors if the family is able to demonstrate financial or
personal hardship on the part of the family member; and
(6) must require the division to waive the family's monthly
copayments in any month for those services for which it
receives payment from the family's health insurance coverage.
(c) Funds received through a cost participation plan under this
section must be used to fund programs described in section 18 of
this chapter.
Sec. 18. Upon the recommendations of the council, the division
shall adopt rules under IC 4-22-2 providing for a statewide system
of coordinated, comprehensive, multidisciplinary, interagency
programs that provide appropriate early intervention services to
all infants and toddlers with disabilities and their families to the
extent required under 20 U.S.C. 1431 through 1445.
Sec. 19. The budget agency shall annually report to the health
finance commission, the budget committee, and the commission on
mental retardation and developmental disabilities the following
information concerning the funding of the program under this
chapter:
(1) The total amount billed to a federal or state program each
state fiscal year for services provided under this chapter,
including the following programs:
(A) Medicaid.
(B) The children's health insurance program.
(C) The federal Temporary Assistance for Needy Families
(TANF) program (45 CFR 265).
(D) Any other state or federal program.
(2) The total amount billed each state fiscal year to an
insurance company for services provided under this chapter
and the total amount reimbursed by the insurance company.
used under this chapter in accordance with 20 U.S.C. 1440(a).
(11) Procedural safeguards with respect to programs under
this chapter as required under 20 U.S.C. 1439.
(12) Policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel necessary
to carry out this chapter are appropriately and adequately
prepared and trained, including the following:
(A) The establishment and maintenance of standards that
are consistent with any state approved or recognized
certification, licensing, registration, or other comparable
requirements that apply to the area in which the personnel
are providing early intervention services.
(B) To the extent the standards are not based on the
highest requirements in Indiana applicable to the specific
profession or discipline, the steps the state is taking to
require the retraining or hiring of personnel that meet
appropriate professional requirements in Indiana.
(13) A system for compiling data on the following:
(A) The number of infants and toddlers with disabilities
and their families in Indiana in need of appropriate early
intervention services, which may be based on a sampling of
data.
(B) The number of infants, toddlers, and families of infants
and toddlers served.
(C) The types of services provided, which may be based on
a sampling of data.
(D) Other information required under 20 U.S.C. 1431
through 1445.
SECTION 12. IC 12-17-19-19, AS ADDED BY P.L.1-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 19. Notwithstanding IC 4-13-2-20 and
IC 12-8-10-7 and in addition to the authorization to enter into contracts
for services under section 18(b) of this chapter, a contract issued by the
division for programs administered by the bureau of child care services,
including a contract for the administration of the programs authorized
under IC 12-17-15 IC 12-12.7-2 and this chapter, may include a
provision for advance funding if the provision is not inconsistent with
the terms of any applicable federal law or regulation and any of the
following conditions is met:
(1) The annual contract amount is at least fifty thousand dollars
($50,000) and the advance funding is not more than one-sixth
(1/6) of the contract amount.
(2) The annual contract amount is less than fifty thousand dollars
($50,000) and the advance funding is not more than one-half (1/2)
of the contract amount.
(3) The advance funding is in the form of interim payments, with
subsequent reconciliation of the amounts paid under the contract
and the cost of the services actually provided.
SECTION 13. IC 12-17-19-25, AS ADDED BY P.L.1-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 25. (a) Each step ahead proposal must provide
for the implementation of a preschool or developmental child care
program for preschool children.
(b) The goals of the preschool or developmental child care program
for preschool children are to:
(1) enhance the child's readiness for learning and facilitate the
transition from home to school when the preschool child reaches
the age of compulsory school attendance;
(2) identify developmental problems or concerns in preschool
children and make referrals to the appropriate service providers
or to provide the appropriate services;
(3) prevent disruptive employment conditions for parents who are
employed; and
(4) ensure a continuity in access to step ahead programs as each
preschool child nears the age of compulsory school attendance.
(c) To qualify for an implementation grant under this chapter for
preschool or developmental child care programs for preschool children,
the eligible entity implementing a preschool or developmental child
care program for preschool children must demonstrate cooperation with
the following programs within the county:
(1) Public schools, particularly those public schools that provide
preschool or special education preschool services.
(2) Head Start programs under 42 U.S.C. 9831 et seq.
(3) Infants and toddlers with disabilities programs under
IC 12-17-15. IC 12-12.7-2.
(4) County health department programs.
(5) Private industry council programs.
(6) Women, Infants, and Children (WIC) programs under 42
U.S.C. 1786 et seq.
(7) Community mental retardation and mental health centers that
provide services to preschool children with disabilities.
(8) The county office of family and children.
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.
Date: