February 22, 2010





ENGROSSED

SENATE BILL No. 295

_____


DIGEST OF SB 295 (Updated February 17, 2010 9:42 pm - DI 77)



Citations Affected: IC 2-5; IC 4-1; IC 4-13; IC 4-21.5; IC 12-7; IC 12-8; IC 12-9.1; IC 12-10; IC 12-11; IC 12-14; IC 12-15; IC 12-17.2; IC 12-21; IC 12-23; IC 12-24; IC 16-39; IC 34-30; IC 35-46; noncode.

Synopsis: Family and social services. Establishes the committee on the administration of public assistance (committee) and specifies the committee's responsibilities. Authorizes the disclosure of a Social Security number for the administration of a state funded health plan. Specifies the amount and the manner in which the state is to complete in a timely manner the allotment process and distribute funds to the area agencies on aging (agency) for the provision of home and community based services. Specifies the notice procedures for the division of aging and the bureau of developmental disabilities services to follow against certain providers regulated by the division or the bureau. Requires the office of the secretary of family and social services (office) to ensure that public assistance services are: (1) provided in a timely and safe manner; (2) provided in accordance with state and federal law; and (3) appropriate to the needs of the individual. Imposes various requirements on the division of family resources (division) concerning the provision of public assistance services.
(Continued next page)


Effective: Upon passage; July 1, 2010.





Miller , Lawson C
(HOUSE SPONSOR _ BROWN C)




    January 11, 2010, read first time and referred to Committee on Health and Provider Services.
    January 28, 2010, amended, reported favorably _ Do Pass.
    February 1, 2010, read second time, amended, ordered engrossed.
    February 2, 2010, engrossed. Read third time, passed. Yeas 50, nays 0.

HOUSE ACTION

    February 9, 2010, read first time and referred to Committee on Public Health.
    February 22, 2010, amended, reported _ Do Pass.





Digest Continued

Establishes the office of quality control within the division and sets forth the office's duties. Requires the office to: (1) with the budget agency, project the costs and savings of required changes; and (2) report to the budget committee and the legislative council on the status of implementing the required changes. Requires the office to post specified material on the office's web site. Requires the division on aging to establish a provider network and a program and standards for providers of home and community based services for persons in the CHOICE program. Authorizes the director of the division of aging and the bureau of developmental disabilities to issue certain notice orders against a provider that violates rules issued by the division for a program in which the provider is providing services. Provides the agency with flexibility in the management of certain program funding, and prohibits the division of aging from imposing restrictions that are not in the division's contract with an agency. Requires the dissemination of specified information as part of: (1) a nursing facility's notification to applicants; (2) the nursing facility preadmission screening program; and (3) the hospital discharge process. Allows spouses and parents of individuals who are at risk of being institutionalized to provide attendant care services, and limits the amount of services that can be reimbursed. Allows certain individuals who were convicted of a drug offense but have not been convicted of another drug offense in the previous 5 years to receive food stamps. Provides an exception to the 5 year prohibition to individuals who are receiving treatment and drug and alcohol testing. Allows an area agency on aging to make presumptive eligibility determinations for the aged and disabled Medicaid waiver under specified circumstances. Provides for a part of specified federal dollars to be disbursed to local programs that provide prevention and treatment services to individuals who have been diagnosed with chronic substance abuse and dependence and are without significant or immediate treatment needs. Requires a family to receive a cash assistance benefit of at least $10 under the Temporary Assistance for Needy Families (TANF) program if certain income standards and employment earnings are met. Specifies that access to a child support enforcement program and IMPACT (JOBS) training program are included as TANF services for certain eligible families. Changes the time frame in which certain Medicaid notices or bulletins may become effective, from 45 days to 30 days, after issuance. Specifies that certain recreation programs for school age children may be exempt from licensure requirements. Removes language that specifies staffing requirements for the Evansville State Hospital and the Evansville State Psychiatric Treatment Center for Children. Establishes the council for Evansville state hospitals. Requires the release of certain mental health care information in certain circumstances. Transfers administrative rules concerning aging to the division of aging. Repeals: (1) a provision that requires the adult protective services unit and the division of aging to destroy any records concerning a report concerning an endangered adult that is unsubstantiated; and (2) the definition of "case management".Requires the office of the secretary of family and social services to make certain calculations of savings, use the calculated savings, and ensure that costs for services do not exceed funding available. Makes technical changes.



February 22, 2010

Second Regular Session 116th General Assembly (2010)


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 2009 Regular and Special Sessions of the General Assembly.


ENGROSSED

SENATE BILL No. 295



    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 2-5-31; (10)ES0295.1.1. -->     SECTION 1. IC 2-5-31 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 31. Committee on the Administration of Public Assistance
    Sec. 1. As used in this chapter, "committee" refers to the committee on the administration of public assistance established by section 3 of this chapter.
    Sec. 2. As used in this chapter, "public assistance" refers to the following:
        (1) The federal Supplemental Nutrition Assistance Program (SNAP).
        (2) The Temporary Assistance for Needy Families (TANF) program.
        (3) The Medicaid program.
    Sec. 3. The committee on the administration of public assistance is established.
    Sec. 4. (a) The committee consists of the following members:
        (1) Four (4) members of the house of representatives appointed by the speaker of the house of representatives, not more than two (2) of whom may be from the same political party.
        (2) Four (4) members of the senate appointed by the president pro tempore of the senate, not more than two (2) of whom may be from the same political party.
    (b) If a vacancy on the committee occurs, the person who appointed the member whose position is vacant shall appoint an individual to fill the vacancy using the criteria set forth in subsection (a).
    (c) In 2010, the speaker of the house of representatives shall appoint one (1) of the legislative members appointed by the speaker as the chairperson of the committee for a two (2) year period. In 2012, the president pro tempore of the senate shall appoint one (1) of the legislative members appointed by the president pro tempore as the chairperson of the committee for a two (2) year period. Subsequently, the speaker of the house of representatives and the president pro tempore of the senate shall alternate appointing the chairperson every two (2) years.
    Sec. 5. The committee shall do the following:
        (1) Review the administration of public assistance in Indiana, including the process of making eligibility determinations.
        (2) Take public testimony on problems or concerns concerning the administration of public assistance in Indiana.
        (3) Receive:
            (A) testimony;
            (B) responses to committee questions; and
            (C) updates;
        concerning changes in the public assistance eligibility process in Indiana from the secretary of family and social services, or the director of the office of quality control if the secretary is unavailable.
        (4) Make recommendations concerning any changes that the committee considers necessary.
    Sec. 6. Five (5) committee members constitute a quorum. The affirmative votes of at least five (5) committee members are necessary for the committee to take official action.
    Sec. 7. The legislative services agency shall provide administrative support for the committee.
    Sec. 8. (a) The committee shall meet at the call of the

chairperson. Beginning April 1, 2010, the committee shall meet at least one (1) time every sixty (60) days.
    (b) Except as provided in subsection (c) and section 9 of this chapter, the committee shall operate under the policies governing study committees adopted by the legislative council. The committee shall file an annual report with the legislative council and the general assembly in an electronic format under IC 5-14-6 if official action is taken by the committee.
    (c) Beginning April 1, 2010, the committee may meet at any time during the calendar year.
    Sec. 9. A member of the committee is not entitled to salary per diem, travel reimbursement, or other expenses incurred in connection with the member's duties on the committee.
    Sec. 10. The secretary of family and social services, or the director of the office of quality control established by IC 12-8-15-6 if the secretary is unavailable, shall make an oral and written presentation at each committee meeting concerning the administration of public assistance in Indiana. The office of the secretary shall respond to any question concerning the administration of public assistance that is provided to the office of the secretary by the chairperson before a scheduled committee meeting.

SOURCE: IC 4-1-10-5; (10)ES0295.1.2. -->     SECTION 2. IC 4-1-10-5, AS AMENDED BY P.L.106-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) A state agency may disclose the Social Security number of an individual if any of the following apply:
        (1) The disclosure of the Social Security number is expressly required by state law, federal law, or a court order.
        (2) The individual expressly consents in writing to the disclosure of the individual's Social Security number.
        (3) The disclosure of the Social Security number is:
            (A) made to comply with:
                (i) the USA Patriot Act of 2001 (P.L. 107-56); or
                (ii) Presidential Executive Order 13224; or
            (B) to a commercial entity for the permissible uses set forth in the:
                (i) Drivers Privacy Protection Act (18 U.S.C. 2721 et seq.);
                (ii) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or
                (iii) Financial Modernization Act of 1999 (15 U.S.C. 6801 et seq.).
        (4) The disclosure of the Social Security number is for the purpose of administration of a state agency employee's or the state

agency employee's dependent's health benefits.
        (5) The disclosure of the Social Security number is for the purpose of administration of:
            (A) a pension fund administered by the board of trustees of the public employees' retirement fund;
            (B) the Indiana state teachers' retirement fund;
            (C) a deferred compensation plan or defined contribution plan established under IC 5-10-1.1;
            (D) a pension plan established by the state police department under IC 10-12; or
            (E) the Uniform Commercial Code (IC 26-1) by the office of the secretary of state.
         (6) The disclosure of the Social Security number is for the purpose of the administration of a state funded health plan.
    (b) A state agency's disclosure of the Social Security number of an individual in compliance with subsection (a) does not violate IC 5-14-3-4(a)(12).

SOURCE: IC 4-13-2-18.5; (10)ES0295.1.3. -->     SECTION 3. IC 4-13-2-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 18.5. Notwithstanding any other law, the state shall complete the allotment process and either distribute the funds by warrant or make an electronic transfer to the area agencies on aging in a timely manner that does not jeopardize the provision of services, including home and community based services.
SOURCE: IC 4-21.5-3-6; (10)ES0295.1.4. -->     SECTION 4. IC 4-21.5-3-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) Notice shall be given under this section concerning the following:
        (1) A safety order under IC 22-8-1.1.
        (2) Any order that:
            (A) imposes a sanction on a person or terminates a legal right, duty, privilege, immunity, or other legal interest of a person;
            (B) is not described in section 4 or 5 of this chapter or IC 4-21.5-4; and
            (C) by statute becomes effective without a proceeding under this chapter if there is no request for a review of the order within a specified period after the order is issued or served.
        (3) A notice of program reimbursement or equivalent determination or other notice regarding a hospital's reimbursement issued by the office of Medicaid policy and planning or by a contractor of the office of Medicaid policy and planning regarding a hospital's year end cost settlement.
        (4) A determination of audit findings or an equivalent

determination by the office of Medicaid policy and planning or by a contractor of the office of Medicaid policy and planning arising from a Medicaid postpayment or concurrent audit of a hospital's Medicaid claims.
        (5) A license revocation under:
            (A) IC 24-4.5-3;
            (B) IC 28-1-29;
            (C) IC 28-7-5;
            (D) IC 28-8-4; or
            (E) IC 28-8-5.
         (6) An order issued by the:
            (A) division of aging; or
            (B) bureau of developmental disabilities services;
        against providers regulated by the division of aging or the bureau of developmental disabilities services and not licensed by the state department of health under IC 16-27 or IC 16-28.

    (b) When an agency issues an order described by subsection (a), the agency shall give notice to the following persons:
        (1) Each person to whom the order is specifically directed.
        (2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party to any proceeding resulting from the grant of a petition for review under section 7 of this chapter unless the person is designated as a party in the record of the proceeding.
    (c) The notice must include the following:
        (1) A brief description of the order.
        (2) A brief explanation of the available procedures and the time limit for seeking administrative review of the order under section 7 of this chapter.
        (3) Any other information required by law.
    (d) An order described in subsection (a) is effective fifteen (15) days after the order is served, unless a statute other than this article specifies a different date or the agency specifies a later date in its order. This subsection does not preclude an agency from issuing, under IC 4-21.5-4, an emergency or other temporary order concerning the subject of an order described in subsection (a).
    (e) If a petition for review of an order described in subsection (a) is filed within the period set by section 7 of this chapter and a petition for stay of effectiveness of the order is filed by a party or another person who has a pending petition for intervention in the proceeding, an administrative law judge shall, as soon as practicable, conduct a preliminary hearing to determine whether the order should be stayed in

whole or in part. The burden of proof in the preliminary hearing is on the person seeking the stay. The administrative law judge may stay the order in whole or in part. The order concerning the stay may be issued after an order described in subsection (a) becomes effective. The resulting order concerning the stay shall be served on the parties and any person who has a pending petition for intervention in the proceeding. It must include a statement of the facts and law on which it is based.

SOURCE: IC 12-7-2-25; (10)ES0295.1.5. -->     SECTION 5. IC 12-7-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 25. "Case management", means the following:
        (1) for purposes of IC 12-10-1 and IC 12-10-10, has the meaning set forth in IC 12-10-10-1.
        (2) For purposes of IC 12-7-2-40.6 and IC 12-24-19, the meaning set forth in IC 12-24-19-2.
SOURCE: IC 12-7-2-40.6; (10)ES0295.1.6. -->     SECTION 6. IC 12-7-2-40.6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 40.6. "Continuum of care" means a range of services the provision of which is assured by a community mental health center or a managed care provider. The term includes the following: that are based on current practice and recovery focused models of care and that are intended to meet the individual treatment needs of the consumer.
        (1) Individualized treatment planning to increase patient coping skills and symptom management, which may include any combination of services listed under this section.
        (2) Twenty-four (24) hour a day crisis intervention.
        (3) Case management to fulfill individual patient needs, including assertive case management when indicated.
        (4) Outpatient services, including intensive outpatient services, substance abuse services, counseling, and treatment.
        (5) Acute stabilization services, including detoxification services.
        (6) Residential services.
        (7) Day treatment.
        (8) Family support services.
        (9) Medication evaluation and monitoring.
        (10) Services to prevent unnecessary and inappropriate treatment and hospitalization and the deprivation of a person's liberty.
SOURCE: IC 12-7-2-152.7; (10)ES0295.1.7. -->     SECTION 7. IC 12-7-2-152.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 152.7. "Public assistance", for purposes of IC 12-8-15, has the meaning set forth in IC 12-8-15-1.
SOURCE: IC 12-8-15; (10)ES0295.1.8. -->     SECTION 8. IC 12-8-15 IS ADDED TO THE INDIANA CODE AS

A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 15. Public Assistance Determinations
     Sec. 1.     As used in this chapter, "public assistance" refers to the following programs and services:
        (1) Medicaid.
        (2) The federal Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et seq.).
        (3) The federal Temporary Assistance for Needy Families (TANF) program.

     Sec. 2. (a) The office of the secretary shall ensure that public assistance services are:
        (1) provided in a timely and safe manner;
        (2) provided in accordance with state and federal law; and
        (3) appropriate to the needs of the individual.
    (b) The division of family resources shall establish standards and procedures for improving the initial eligibility application intake process.
    Sec. 3. (a) The division of family resources shall operate in each Indiana county at least one (1) county office where any individual may apply in person for public assistance. Each county office:
        (1) must be open during state business hours; and
        (2) must be in a location that is fully accessible to individuals seeking public assistance services.
The division shall attempt to locate each county office in an area accessible to a public transportation system if a public transportation system exists in the county.
    (b) The
office of the secretary shall develop a plan at the regional and county levels to address fraud issues and report on the plan to the committee on the administration of public assistance established by IC 2-5-31 and the legislative council in an electronic format under IC 5-14-6 not later than December 31, 2010.
    (c) The division shall maintain the case file of each recipient of public assistance in the county office of the recipient's county of residence and shall make the file available to the recipient or the recipient's legal guardian for review upon request.
    (d) The division of family resources shall do the following:
        (1) Staff each county office with state employees who are available during state business hours to:
            (A) assist public assistance applicants and recipients in the county office; and
            (B) assist providers and other social services agencies that

provide services to public assistance recipients.
        (2) Provide technology in each county office.
        (3) Advertise the location, telephone number, and electronic mail address for each county office in the local telephone directory and through local social service agencies and service providers.
    Sec. 4. The office of the secretary shall include the following in the office's system for making public assistance determinations for services:
        (1) The following methods by which an individual may apply for services:
            (A) In person.
            (B) By telephone.
            (C) By completing an application over the Internet.
        (2) An application for services or an application for redetermination of services that is assigned to one (1) employee who collects all the information necessary for the application before sending the application to an employee with the authority to make an eligibility determination.
        (3) The goal that all issues during the eligibility determination for services are resolved accurately and quickly.
    Sec. 5. The division of family resources shall develop and use eligibility application forms and eligibility redetermination application forms that:
        (1) are printed in at least 12 point type; and
        (2) are provided along with a separate document that describes the services available.
    Sec. 6.    (a) The office of quality control is established within the division of family resources. The office of quality control shall establish, implement, and monitor minimum standards for the public assistance program to do the following:
        (1) Recognize and investigate the medical, health, and nutritional needs of individuals.
        (2) Make proper referrals to an individual for additional services that may include services provided by persons other than the office of the secretary.
        (3) Interact with social agencies, community organizations, religious entities, and local providers when necessary to assist an individual in receiving services.
    (b) The office of quality control shall maintain contact with county offices and public assistance recipients to ensure the maintenance of quality protocols and measures and take corrective

action as needed.
    Sec. 7. (a) Before July 1, 2010, the office of the secretary shall establish a monitoring system within the office of quality control established by section 6 of this chapter for the purpose of evaluating the quality of the eligibility determination for services process and subsequent contact with the office by recipients of public assistance services.
    (b) The monitoring system must do the following:
        (1) Evaluate every point of contact an individual has from the initial application for public assistance to the final determination by the office and track the place in the eligibility determination for services process, including intake, verification, determination, and renewal of an application for services, in which an individual stops participating in the process.
        (2) Determine the primary causes for why individuals do not complete the process, including barriers that are a result of state policy or procedures.

         (3) Review a monthly written accounting of the operational expenditures spent on eligibility determinations for public assistance services.
    (c) The office of the secretary shall use the monitoring system to analyze the eligibility determination for services process and determine places for improvement of the process.
     Sec. 8. The office of the secretary shall make the following information available on the office of the secretary's web site:
        (1) A report and any other documents prepared by a person that has contracted with the state to review work performed under a contract for eligibility determinations for services, to be posted not later than thirty (30) days after the office of the secretary has received the report.
        (2) Any contract, including the assignment of a contract and an amendment to a contract, that the office of the secretary has entered into for eligibility determinations for services, to be posted not later than thirty (30) days after the effective date of the contract, assignment, or amendment.
        (3) Any change order or change in reimbursement or reimbursement schedules related to a contract for eligibility determinations for services, to be posted not later than thirty (30) days after the effective date of the change.

     Sec. 9. (a) The implementation of this chapter is subject to the availability of funding to the office of the secretary.


     (b) The office of the secretary and the director of the budget agency are responsible for ensuring that the cost of the services provided under this chapter does not exceed the total amount of funding, including state and federal funds, that is made available by the budget agency for the program established under this chapter.
SOURCE: IC 12-9.1-1-4; (10)ES0295.1.9. -->     SECTION 9. IC 12-9.1-1-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. (a) The division may establish an office within the division to implement this chapter.
    (b) Not later than July 1, 2011, the division shall:
        (1) implement a program and standards for identifying, recruiting, training, certifying, and enrolling individuals to be independent providers of home and community based care services for individuals; and
        (2) establish a network of independent providers of home and community based care services for individuals.

     (c) The division may contract with a state educational institution or an area agency on aging in implementing the program described in subsection (b).
    (d) The division shall consult with the following in developing the program and standards described in subsection (b):
        (1) The area agencies on aging.
        (2) Indiana Home Care Task Force.
        (3) Organizations representing senior citizens with statewide membership.
        (4) Organizations representing persons with disabilities with statewide membership.
    (e) The division shall do the following:
        (1) Create and maintain a statewide registry that lists independent home and community based services providers who have been trained and certified by the division, and provide the list of names by each area agencies on aging district.
        (2) Identify liability and health insurance options for independent home and community based services providers.
        (3) Establish fiscal intermediary services within the division for individuals who are consumers of self-directed home and community based care services through the community and home options to institutional care for the elderly and disabled program (CHOICE) and the Medicaid aged and disabled waiver.
        (4) Create in-service training and professional enrichment programs with the area agencies on aging for maintaining the skills and quality of services by independent home and community based services providers.
        (5) Maintain a self-directed care hotline and support services to address emergencies and other needs of individuals who are consumers of self-directed home and community based care services.
    (f) The division may review options to participate in federal programs that support the establishment and development of networks for home and community based services.

SOURCE: IC 12-9.1-2-3; (10)ES0295.1.10. -->     SECTION 10. IC 12-9.1-2-3, AS ADDED BY P.L.141-2006, SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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) Issue orders under IC 4-21.5-3-6.
        (8) (9) 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.
SOURCE: IC 12-10-1-6; (10)ES0295.1.11. -->     SECTION 11. IC 12-10-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) The area agencies on aging designated by the bureau in each planning and service region shall do the following:
        (1) Determine the needs and resources of the aged in the area.
        (2) Coordinate, in cooperation with other agencies or organizations in the area, region, district, or county, all programs and activities providing health, recreational, educational, or social services for the aged.
        (3) Secure local matching money from public and private sources to provide, improve, or expand the sources available to meet the needs of the aged.
        (4) Develop, in cooperation with the division and in accordance with the regulations of the commissioner of the federal Administration on Aging, an area plan for each planning and service area to provide for the following:
            (A) A comprehensive and coordinated system for the delivery of services needed by the aged in the area.
            (B) The collection and dissemination of information and referral sources.
            (C) The effective and efficient use of all resources meeting the needs of the aged.
            (D) The inauguration of new services and periodic evaluation of all programs and projects delivering services to the aged, with special emphasis on the low income and minority residents of the planning and service area.
            (E) The establishment, publication, and maintenance of a toll free telephone number to provide information, counseling, and referral services for the aged residents of the planning and service area.
        (5) Conduct case management (as defined in IC 12-10-10-1).
        (6) Perform any other functions required by regulations established under the Older Americans Act (42 U.S.C. 3001 et seq.).
    (b) The division shall pay the costs associated with the toll free telephone number required under subsection (a).
     (c) To the extent allowable under federal law concerning the expenditure of funds, the division shall:
        (1) authorize area agencies on aging to manage funds for a program specified in section 3 of this chapter with maximum flexibility to allow the delivery of the most appropriate and cost effective services under the program; and
        (2) refrain from imposing any restrictions on an area agency on aging other than those required under the terms of the contract between the division and the area agency on aging or agreed upon by both the division and the area agency on

aging.

SOURCE: IC 12-10-12-10; (10)ES0295.1.12. -->     SECTION 12. IC 12-10-12-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 10. (a) The notification required under section 8 of this chapter must notify the applicant of the following:
        (1) That the applicant is required under state law to apply to the agency serving the county of the applicant's residence for participation in a nursing facility preadmission screening program.
        (2) That the applicant's failure to participate in the nursing facility preadmission screening program could result in the applicant's ineligibility for Medicaid reimbursement for per diem in any nursing facility for not more than one (1) year.
        (3) That the nursing facility preadmission screening program consists of an assessment of the applicant's need for care in a nursing facility made by a team of individuals familiar with the needs of individuals seeking admission to nursing facilities.
         (4) The contact information for the agency that provides services in the area in which the nursing facility is located.
        (5) A list developed by the agency and the office of all long term care options under the law that may be available to the individual.

    (b) The notification must be signed by the applicant or the applicant's parent or guardian if the applicant is not competent before admission.
    (c) If the applicant is admitted:
        (1) the nursing facility shall retain one (1) signed copy of the notification for one (1) year; and
        (2) the nursing facility shall deliver one (1) signed copy to the agency serving the county in which the applicant resides.
    (d) A person who violates this section commits a Class A infraction.
SOURCE: IC 12-10-12-16; (10)ES0295.1.13. -->     SECTION 13. IC 12-10-12-16, AS AMENDED BY P.L.121-2008, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 16. (a) A screening team shall conduct a nursing facility preadmission screening program for each individual within the time permitted under this chapter. The program must consist of an assessment of the following:
        (1) The individual's medical needs.
        (2) The availability of services, other than services provided in a nursing facility, that are appropriate to the individual's health and social needs to maintain the individual in the least restrictive environment.
        (3) The cost effectiveness of providing services appropriate to the individual's needs that are provided outside of, rather than within, a nursing facility.
    (b) The assessment must be conducted in accordance with rules adopted under IC 4-22-2 by the director of the division in cooperation with the office.
    (c) Communication among members of a screening team or between a screening team and the division, the office, or the agency during the prescreening process may be conducted by means including any of the following:
        (1) Standard mail.
        (2) Express mail.
        (3) Facsimile machine.
        (4) Secured electronic communication.
     (d) A representative:
        (1) of the agency serving the area in which the individual's residence is located; and
        (2) who is familiar with personal care assessment;
shall explain and provide a written copy of the results of the assessment to the individual or the individual's parent or guardian if the individual is not competent, in the least time practicable after the completion of the assessment.
    (e) In the explanation required in subsection (d), the representative shall include the services identified in subsection (a)(2).

SOURCE: IC 12-10-12-28.5; (10)ES0295.1.14. -->     SECTION 14. IC 12-10-12-28.5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 28.5. (a) Before discharging a patient who will be participating in preadmission screening under this chapter, a hospital licensed under IC 16-21 shall give the patient a list of all long term care options that:
        (1) may be available to the patient;
        (2) are located within the hospital's service area; and
        (3) are known to the hospital.
     (b) The list described in subsection (a) must include:
        (1) contact information for the agency that provides services in the area in which the hospital is located; and
        (2) a statement that a representative from the agency is
        available to provide additional information and counseling at no cost to the patient concerning long term care options.
SOURCE: IC 12-10-17.1-10; (10)ES0295.1.15. -->     SECTION 15. IC 12-10-17.1-10, AS ADDED BY P.L.141-2006, SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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) Subject to rules adopted by the division under IC 4-22-2, the division shall reimburse under this chapter an individual who is a legally responsible relative of an individual who is at risk of being institutionalized and in need of self-directed in-home care including a parent of a minor individual and a spouse, is precluded from providing to provide attendant care services for compensation under this chapter. in an amount not to exceed eight (8) hours a day and five (5) days a week.

SOURCE: IC 12-11-1.1-1; (10)ES0295.1.16. -->     SECTION 16. IC 12-11-1.1-1, AS AMENDED BY P.L.99-2007, SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. (a) The bureau of developmental disabilities services is established within the division.
    (b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for individuals with a developmental disability and their families, within the limits of available resources. The planning and delivery of services must be based on future plans of the individual with a developmental disability rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the individual with a developmental disability and that individual's family.
    (c) Services for individuals with a developmental disability must be services that meet the following conditions:
        (1) Are provided under public supervision.
        (2) Are designed to meet the developmental needs of individuals with a developmental disability.
        (3) Meet all required state and federal standards.
        (4) Are provided by qualified personnel.
        (5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate.
        (6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
    (d) The bureau shall approve entities to provide community based services and supports.
    (e) The bureau shall approve and monitor community based residential, habilitation, and vocational service providers that provide alternatives to placement of individuals with a developmental disability in state institutions and health facilities licensed under IC 16-28 for

individuals with a developmental disability. The services must simulate, to the extent feasible, patterns and conditions of everyday life that are as close as possible to normal. The community based service categories include the following:
        (1) Supervised group living programs, which serve at least four (4) individuals and not more than eight (8) individuals, are funded by Medicaid, and are licensed by the community residential facilities council.
        (2) Supported living service arrangements to meet the unique needs of individuals in integrated settings. Supported living service arrangements providing residential services may not serve more than four (4) unrelated individuals in any one (1) setting. However, the head of the bureau shall waive this limitation for a setting providing residential services to more than four (4) unrelated individuals in any one (1) setting if the setting was in existence on June 30, 1999.
    (f) To the extent that services described in subsection (e) are available and meet the individual's needs, an individual is entitled to receive services in the least restrictive environment possible.
    (g) Community based services under subsection (e)(1) or (e)(2) must consider the needs of and provide choices and options for:
        (1) individuals with a developmental disability; and
        (2) families of individuals with a developmental disability.
    (h) The bureau shall administer a system of service coordination to carry out this chapter.
     (i) The bureau may issue orders under IC 4-21.5-3-6 against a provider that violates rules issued by the bureau for programs in which the provider is providing services.

SOURCE: IC 12-14-2-5.1; (10)ES0295.1.17. -->     SECTION 17. IC 12-14-2-5.1, AS AMENDED BY P.L.161-2007, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.1. (a) Subject to section 5.2 of this chapter, a parent or an essential person may not receive payments if the person has received assistance under this article during the person's lifetime for twenty-four (24) months after June 30, 1995.
    (b) Subject to the time limits contained in subsection (a), a person who qualifies for A family receiving TANF under section 5 of this chapter remains categorically eligible to receive TANF assistance when the person becomes employed and the person's family's net earnings from employment calculated under rules adopted by the director of the division under IC 4-22-2, in combination with other sources of family income, services, including access to the Title IV-D child support enforcement program and the IMPACT (JOBS) program, when

the family's income is greater than the amount of need recognized under section 5 of this chapter, but the family's gross income is less than one hundred percent (100%) of the federal income poverty level.
     (c) A recipient family shall receive a cash assistance benefit under the TANF program of at least ten dollars ($10) if:
        (1) the family's income is greater than the amount of need recognized under section 5 of this chapter;
        (2) the family's gross income is less than one hundred percent (100%) of the federal income poverty level; and
        (3) a parent or essential person receiving assistance has employment earnings.

SOURCE: IC 12-14-30; (10)ES0295.1.18. -->     SECTION 18. IC 12-14-30 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 30. Food Stamp Assistance for Individuals With Drug Convictions
    Sec. 1. In accordance with 21 U.S.C. 862a(d)(1), the state elects to opt out of the application of 21 U.S.C. 862a(a) for individuals who meet the requirements of this chapter.
    Sec. 2. Under this chapter, an individual is eligible for food stamps if the individual meets all the following requirements:
        (1) The individual was convicted of an offense under IC 35-48 (controlled substances) for conduct occurring after August 22, 1996.
        (2) Except for 21 U.S.C. 862a(a), the individual meets the federal and Indiana food stamp program requirements.
        (3) The individual has not been convicted of another offense under IC 35-48 (controlled substances) in the five (5) years preceding the individual's application for food stamps assistance. However, this subdivision does not apply if the individual is:
            (A) living in a halfway house, a shelter, transitional housing, or other residential housing that is operated by a nonprofit organization; or
            (B) enrolled in a substance abuse program certified by the division of mental health and addiction or a federal agency;
        and the individual is tested for drug and alcohol usage at least once every two (2) months.

SOURCE: IC 12-15-2.1; (10)ES0295.1.19. -->     SECTION 19. IC 12-15-2.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 2.1. Presumptive Eligibility for Aged and Disabled Medicaid Waiver Applicants
    Sec. 1. (a) An area agency on aging employee may determine that an applicant who meets the following conditions is presumptively eligible for the Medicaid aged and disabled waiver:
        (1) The applicant or the applicant's legal guardian has completed the required Medicaid application form.
        (2) The applicant meets the medical eligibility requirements in IC 12-10-11.5-4(2)(B).
        (3) The applicant is at risk for being institutionalized if the applicant does not receive immediate long term care services.
    (b) The area agency on aging's determination that an individual is presumptively eligible for the Medicaid aged and disabled waiver under subsection (a):
        (1) must be based on information submitted by the applicant; and
        (2) authorizes the immediate commencement of the provision of services needed by the applicant in compliance with rules adopted by the office under section 4 of this chapter.
    Sec. 2. The office shall apply to the United States Department of Health and Human Services for an amendment to the Medicaid aged and disabled waiver if an amendment is necessary to implement this chapter.
    Sec. 3. The area agency on aging shall:
        (1) notify the office of the presumptive eligibility determination not later than five (5) business days after the date on which the determination is made; and
        (2) forward the application to the county office in the county in which the applicant resides for a final eligibility determination in the manner specified by the office.
    Sec. 4. The office:
        (1) shall adopt rules under IC 4-22-2 concerning the services an individual may receive if the individual is determined to be presumptively eligible for the Medicaid aged and disabled waiver under this chapter; and
        (2) may adopt rules under IC 4-22-2 to implement this chapter.

SOURCE: IC 12-15-13-6; (10)ES0295.1.20. -->     SECTION 20. IC 12-15-13-6, AS AMENDED BY P.L.15-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6. (a) Except as provided by IC 12-15-35-50, a notice or bulletin that is issued by:
        (1) the office;
        (2) a contractor of the office; or
        (3) a managed care plan under the office;
concerning a change to the Medicaid program that does not require use of the rulemaking process under IC 4-22-2 may not become effective until forty-five (45) thirty (30) days after the date the notice or bulletin is communicated to the parties affected by the notice or bulletin.
    (b) The office must provide a written notice or bulletin described in subsection (a) within five (5) business days after the date on the notice or bulletin.
SOURCE: IC 12-15-13-7; (10)ES0295.1.21. -->     SECTION 21. IC 12-15-13-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) The office and an entity with which the office contracts for the payment of claims shall accept claims submitted on any of the following forms by an individual or organization that is a contractor or subcontractor of the office:
        (1) HCFA-1500. CMS-1500.
        (2) HCFA-1450 (UB92). CMS-1450 (UB04).
        (3) American Dental Association (ADA) claim form.
        (4) Pharmacy and compound drug form.
    (b) The office and an entity with which the office contracts for the payment of claims:
        (1) may designate as acceptable claim forms other than a form listed in subsection (a); and
        (2) may not mandate the use of a crossover claim form.
SOURCE: IC 12-17.2-2-8; (10)ES0295.1.22. -->     SECTION 22. IC 12-17.2-2-8, AS AMENDED BY P.L.1-2005, SECTION 136, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. The division shall exempt from licensure the following programs:
        (1) A program for children enrolled in grades kindergarten through 12 that is operated by the department of education or a public or private school.
        (2) A program for children who become at least three (3) years of age as of December 1 of a particular school year (as defined in IC 20-18-2-17) that is operated by the department of education or a public or private school.
        (3) A nonresidential program for a child that provides child care for less than four (4) hours a day.
        (4) A recreation program for school age children that operates for not more than ninety (90) days in a calendar year.
        (5) A program whose primary purpose is to provide social, recreational, or religious activities for school age children, such as scouting, boys club, girls club, sports, or the arts.
        (6) A program operated to serve migrant children that:
            (A) provides services for children from migrant worker families; and
            (B) is operated during a single period of less than one hundred twenty (120) consecutive days during a calendar year.
        (7) A child care ministry registered under IC 12-17.2-6.
        (8) A child care home if the provider:
            (A) does not receive regular compensation;
            (B) cares only for children who are related to the provider;
            (C) cares for less than six (6) children, not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or
            (D) operates to serve migrant children.
        (9) A child care program operated by a public or private secondary school that:
            (A) provides day care on the school premises for children of a student or an employee of the school;
            (B) complies with health, safety, and sanitation standards as determined by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter; and
            (C) substantially complies with the fire and life safety rules as determined by the state fire marshal under rules adopted by the division under section 4 of this chapter for child care centers or in accordance with a variance or waiver of a rule governing child care centers approved by the division under section 10 of this chapter.
        (10) A school age child care program (commonly referred to as a latch key program) established under IC 20-26-5-2 that is operated by:
            (A) the department of education;
            (B) a public or private school; or
            (C) a public or private organization under a written contract with:
                (i) the department of education; or
                (ii) a public or private school.
SOURCE: IC 12-21-2-3; (10)ES0295.1.23. -->     SECTION 23. IC 12-21-2-3, AS AMENDED BY P.L.99-2007, SECTION 100, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) In addition to the general authority granted to the director under IC 12-8-8, the director shall do the following:
        (1) Organize the division, create the appropriate personnel

positions, and employ personnel necessary to discharge the statutory duties and powers of the division or a bureau of the division.
        (2) Subject to the approval of the state personnel department, establish personnel qualifications for all deputy directors, assistant directors, bureau heads, and superintendents.
        (3) Subject to the approval of the budget director and the governor, establish the compensation of all deputy directors, assistant directors, bureau heads, and superintendents.
        (4) Study the entire problem of mental health, mental illness, and addictions existing in Indiana.
        (5) Adopt rules under IC 4-22-2 for the following:
            (A) Standards for the operation of private institutions that are licensed under IC 12-25 for the diagnosis, treatment, and care of individuals with psychiatric disorders, addictions, or other abnormal mental conditions.
            (B) Licensing supervised group living facilities described in IC 12-22-2-3 for individuals with a mental illness.
            (C) Certifying community residential programs described in IC 12-22-2-3 for individuals with a mental illness.
            (D) Certifying community mental health centers to operate in Indiana.
            (E) Establish exclusive geographic primary service areas for community mental health centers. The rules must include the following:
                (i) Criteria and procedures to justify the change to the boundaries of a community mental health center's primary service area.
                (ii) Criteria and procedures to justify the change of an assignment of a community mental health center to a primary service area.
                (iii) A provision specifying that the criteria and procedures determined in items (i) and (ii) must include an option for the county and the community mental health center to initiate a request for a change in primary service area or provider assignment.
                (iv) A provision specifying the criteria and procedures determined in items (i) and (ii) may not limit an eligible consumer's right to choose or access the services of any provider who is certified by the division of mental health and addiction to provide public supported mental health services.


        (6) Institute programs, in conjunction with an accredited college or university and with the approval, if required by law, of the commission for higher education, for the instruction of students of mental health and other related occupations. The programs may be designed to meet requirements for undergraduate and postgraduate degrees and to provide continuing education and research.
        (7) Develop programs to educate the public in regard to the prevention, diagnosis, treatment, and care of all abnormal mental conditions.
        (8) Make the facilities of the Larue D. Carter Memorial Hospital available for the instruction of medical students, student nurses, interns, and resident physicians under the supervision of the faculty of the Indiana University School of Medicine for use by the school in connection with research and instruction in psychiatric disorders.
        (9) Institute a stipend program designed to improve the quality and quantity of staff that state institutions employ.
        (10) Establish, supervise, and conduct community programs, either directly or by contract, for the diagnosis, treatment, and prevention of psychiatric disorders.
        (11) Adopt rules under IC 4-22-2 concerning the records and data to be kept concerning individuals admitted to state institutions, community mental health centers, or managed care providers.
        (12) Establish, maintain, and reallocate before July 1, 1996, one-third (1/3), and before January 1, 1998, the remaining two-thirds (2/3) of the following:
            (A) long term care service settings; and
            (B) state operated long term care inpatient beds;
        designed to provide services for patients with long term psychiatric disorders as determined by the quadrennial actuarial study under IC 12-21-5-1.5(9). A proportional number of long term care service settings and inpatient beds must be located in an area that includes a consolidated city and its adjacent counties.
        (13) Compile information and statistics concerning the ethnicity and gender of a program or service recipient.
        (14) Establish standards for each element of the continuum of care for community mental health centers and managed care providers. and adopt rules under IC 4-22-2 concerning the continuum of care. In adopting rules under this subdivision, the division shall consider a proposed rule's impact on reimbursement to a provider that is providing care.
    (b) As used in this section, "long term care service setting" means the following:
        (1) The anticipated duration of the patient's mental health setting is more than twelve (12) months.
        (2) Twenty-four (24) hour supervision of the patient is available.
        (3) A patient in the long term care service setting receives:
            (A) active treatment if appropriate for a patient with a chronic and persistent mental disorder or chronic addictive disorder;
            (B) case management services from a state approved provider; and
            (C) maintenance of care under the direction of a physician.
        (4) Crisis care is available.
    (c) Funding for services under subsection (a)(12) shall be provided by the division through the reallocation of existing appropriations. The need of the patients is a priority for services. The division shall adopt rules to implement subsection (a)(12) before July 1, 1995.
SOURCE: IC 12-23-1-9; (10)ES0295.1.24. -->     SECTION 24. IC 12-23-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. One-third (1/3) (a) A part of the total amount of the federal money earmarked for Drug Abuse and Alcohol Abuse/Alcoholics Efforts received for disbursement by the division shall be used for treatment local programs that are not under the direction of a community mental health center or a state institution. provide prevention services and intervention and treatment services for individuals who:
        (1) have a primary diagnosis of chronic substance abuse and dependence; and
        (2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance.
    (b) The amount described in subsection (a) shall be distributed to specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division.

SOURCE: IC 12-23-2-8; (10)ES0295.1.25. -->     SECTION 25. IC 12-23-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 8. (a) Except as provided in subsection (b), For each state fiscal year, the division shall distribute an amount equal to at least thirty-three percent (33%) a part of the total amount received by the division from the addiction services fund established by section 2 of this chapter during the immediately preceding fiscal year to local programs that provide prevention services and intervention and treatment services for individuals who: are:
        (1) psychologically or physiologically dependent upon alcohol or other drugs; or
        (2) psychologically dependent on gambling.
        (1) have a primary diagnosis of chronic substance abuse and dependence; and
        (2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance.

    (b) The amount described in subsection (a) may not shall be distributed to a county home, a local mental health program established under IC 12-29, or a state institution. specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division.
SOURCE: IC 12-24-1-3; (10)ES0295.1.26. -->     SECTION 26. IC 12-24-1-3, AS AMENDED BY P.L.141-2006, SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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) Evansville State Hospital.
        (2) Evansville State Psychiatric Treatment Center for Children.
        (3) Larue D. Carter Memorial Hospital.
        (4) Logansport State Hospital.
        (5) Madison State Hospital.
        (6) Richmond State Hospital.
        (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)(1) and (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.
     (c) The division of mental health and addiction shall maintain normal patient care, including maintaining the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) standards for clinical care, at a facility described in subsection (a)(1) or (a)(2) unless a reduction or the termination of normal patient care is specifically authorized by a statute enacted by the general assembly or recommended by the council established by section 3.5 of this chapter.
    (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 or recommended by the council established by section 3.5 of this chapter.
SOURCE: IC 12-24-1-3.5; (10)ES0295.1.27. -->     SECTION 27. IC 12-24-1-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3.5. (a) The council on Evansville state hospitals is established.
    (b) The council consists of the following members:
        (1) One (1) superior court judge having exclusive juvenile jurisdiction in Vanderburgh County, who shall act as chairperson of the council.
        (2) The director of the division of mental health and addiction or the director's designee.
        (3) Two (2) members of the senate, appointed by the president pro tempore of the senate. The members appointed under this subdivision:
            (A) may not be members of the same political party; and
            (B) must represent Evansville or a surrounding area.
        (4) Two (2) members of the house of representatives, appointed by the speaker of the house of representatives. The members appointed under this subdivision:
            (A) may not be members of the same political party; and
            (B) must represent Evansville or a surrounding area.
        (5) Two (2) mental health providers that provide mental health services in the Evansville area.
        (6) One (1) member who:
            (A) resides in the Evansville area; and
            (B) provides services in the community, including:
                (i) law enforcement services; or
                (ii) children's services.
        (7) The superintendent of the Evansville State Psychiatric Treatment Center for Children, or the superintendent's designee.
        (8) The superintendent of the Evansville State Hospital, or the superintendent's designee.
        (9) One (1) representative of a statewide mental health association.
        (10) One (1) parent of a child who has received services at the Evansville State Psychiatric Treatment Center for Children and who is not associated with the Evansville State Psychiatric Treatment Center for Children or the Evansville State Hospital except as a consumer.
    (c) The president pro tempore of the senate shall make the appointment set forth in subsection (b)(1), one (1) of the appointments in subsection (b)(5), and the appointment set forth in subsection (b)(9). The speaker of the house of representatives shall make one (1) of the appointments set forth in subsection (b)(5), the appointment set forth in subsection (b)(6), and the appointment set forth in subsection (b)(10).
    (d) The council has the following duties:
        (1) Review the following:
            (A) The mental health and addiction services available to children in the Evansville area.
            (B) The quality of the care provided to patients in a facility described in section 3(a)(1) and 3(a)(2) of this chapter.
            (C) The utilization of the facilities and the cause for any underutilization.
        (2) Determine the viability and need for the facilities described in section 3(a)(1) and 3(a)(2) of this chapter.

         (3) Provide recommendations to:
            (A) the office of the secretary; and
            (B) the general assembly, in electronic format under IC 5-14-6;
        concerning the council's findings under this subsection,

including whether the council is making a recommendation under section 3 of this chapter.
    (e) The division of mental health and addiction shall staff the council.
    (f) The expenses of the council shall be paid by the division of mental health and addiction.
    (g) A member of the council is not entitled to salary per diem or traveling expenses.
    (h) The chairperson and the members described in subsections (b)(7) and (b)(8) shall serve as nonvoting members. The affirmative votes of a majority of the voting members of the council are required for the council to take action on any recommendation.

     (i) This section expires December 31, 2012.

SOURCE: IC 16-39-2-6.5; (10)ES0295.1.28. -->     SECTION 28. IC 16-39-2-6.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 6.5. (a) Without the consent of the patient, the patient's mental health record shall be disclosed to a court to the extent necessary for the court to transmit the information required under the following:
        (1) IC 12-26-6-8(g).
        (2) IC 12-26-7-5(c).
        (3) IC 35-36-2-4(e).
        (4) IC 35-36-2-5(f).
        (5) IC 35-36-3-1(c).
    (b) A person who discloses information under this section in good faith is immune from civil and criminal liability.

SOURCE: IC 34-30-2-77.6; (10)ES0295.1.29. -->     SECTION 29. IC 34-30-2-77.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 77.6. IC 16-39-2-6.5 (Concerning a person who releases mental health records under certain circumstances).
SOURCE: IC 35-46-1-13; (10)ES0295.1.30. -->     SECTION 30. IC 35-46-1-13, AS AMENDED BY P.L.141-2006, SECTION 112, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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 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 aging under IC 12-10-3-12 through IC 12-10-3-16 IC 12-10-3-15 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 12-10-3-16; IC 12-24-19-2.
; (10)ES0295.1.31. -->     SECTION 31. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 12-10-3-16; IC 12-24-19-2.
SOURCE: ; (10)ES0295.1.32. -->     SECTION 32. [EFFECTIVE JULY 1, 2010] (a) The publisher of the Indiana Administrative Code shall transfer rules concerning the division of aging from the division of disability and rehabilitative services title to a new title for the division of aging, including the following rules:
        (1) 460 IAC 1.
        (2) 460 IAC 1.2.
        (3) 460 IAC 8.
    (b) The office of the secretary of family and social services shall assist the publisher of the Indiana Administrative Code in identifying any other rules concerning the division of aging to be transferred.
    (c) This SECTION expires December 31, 2011.

SOURCE: ; (10)ES0295.1.33. -->     SECTION 33. [EFFECTIVE JULY 1, 2010] (a) The office of the secretary of family and social services, in consultation with the area agencies on aging, shall calculate:
        (1) the number of individuals during the course of each state fiscal year who would have been served in a health facility; and
        (2) the average cost to serve each individual in a health facility or other institution;
under the Medicaid program if this act were not implemented.

     (b) The office of the secretary of family and social services shall use the savings calculated under subsection (a) for the purchase of home and community based services for additional individuals.
    (c) This act is subject to funding available to the office of the secretary of family and social services, including federal funds. The office of the secretary of family and social services shall ensure that the cost of the services provided under this act does not exceed funding made available to the office of the secretary of family and social services for the programs established under this act.
    (d) This SECTION expires July 1, 2011.

SOURCE: ; (10)ES0295.1.34. -->     SECTION 34. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "office of the secretary" refers to the office of the secretary of family and social services established by IC 12-8-1-1.
    (b) The office of the secretary shall identify any changes in administration necessary to implement this act.
    (c) The office of the secretary and the budget agency shall project the costs and savings as a result of the implementation of this act.
    (d) This SECTION expires June 30, 2013.

SOURCE: ; (10)ES0295.1.35. -->     SECTION 35. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "office of the secretary" refers to the office of the secretary of family and social services established by IC 12-8-1-1.
     (b) Not later than April 1, 2011, and by April 1 of each year thereafter, the office of the secretary shall report in writing and in an electronic format under IC 5-14-6 concerning the office's progress in implementing this act to the following:
        (1) The budget committee.

         (2) The legislative council established by IC 2-5-1.1-1.
    (c) This SECTION expires July 1, 2015.

SOURCE: ; (10)ES0295.1.36. -->     SECTION 36. An emergency is declared for this act.