HB 1003-3_ Filed 01/25/2010, 10:57 Riecken
Adopted 1/25/2010


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1003 be amended to read as follows:

SOURCE: Page 1, line 1; (10)MO100307.1. -->     Page 1, delete lines 1 through 5, begin a new paragraph and insert:
SOURCE: IC 2-5-31; (10)MO100307.1. -->     "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.
        (3) One (1) representative of a labor organization that represents state employees, appointed by the speaker of the house of representatives.
        (4) One (1) representative of a statewide organization that represents consumers of human services, appointed by the president pro tempore of the senate.
    (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 office of the secretary of family and social services, or the director of the division of family resources if the secretary is unavailable, or a contractor for the office of the secretary.
        (4) Make recommendations concerning any changes that the committee considers necessary concerning the public assistance process in Indiana.
        (5) Make a determination described in IC 12-13-5-3.5(b) concerning whether an unfavorable evaluation has occurred within a time determined by the committee.
    Sec. 6. Six (6) committee members constitute a quorum. The affirmative votes of at least six (6) 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 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 division of family resources 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 secretary by the chairperson before a scheduled committee meeting.

SOURCE: IC 12-7-2-75.7; (10)MO100307.2. -->     SECTION 2. IC 12-7-2-75.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 75.7. "Eligibility determination for services", for purposes of IC 12-13-5-3.5, refers to a decision regarding whether an individual is eligible for any of the following programs:".
SOURCE: Page 1, line 11; (10)MO100307.1. -->     Page 1, delete lines 11 through 13, begin a new paragraph and insert:
SOURCE: IC 12-7-2-195.5; (10)MO100307.3. -->     "SECTION 3. IC 12-7-2-195.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 195.5. "Unfavorable evaluation", for purposes of IC 12-13-5-3.5, has the meaning set forth in IC 12-13-5-3.5(b).".
SOURCE: Page 1, line 16; (10)MO100307.1. -->     Page 1, line 16, delete "Except as provided in IC 12-8-1-7.5(b)," and insert " (a) As used in this section, "eligibility determination for services" refers to a decision regarding whether an individual is eligible for any of the following programs:
        (1) Federal Supplemental Nutrition Assistance Program (SNAP).
        (2) Temporary Assistance for Needy Families (TANF).
        (3) Medicaid.
However, eligibility determinations for services do not include contracts substantially related to information technology for support services.
    (b) As used in this section, "unfavorable evaluation" means a number of failed evaluations occurring over a time determined by

a majority vote of the committee on the administration of public assistance established by IC 2-5-31.
    (c) The office of the secretary shall include the following in the office's system for making an eligibility determination 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 renewal 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, quickly, and on the first contact with the applicant.

         (4) A review of the primary reasons individuals do not complete the eligibility determination for services process, including any barriers that are the result of state policy or procedures.
        (5)The inclusion of improvements to the system as a result of any findings in the review required under subdivision (4).

     (d) Before July 1, 2010, the office of the secretary shall establish a monitoring system to be administered as an independent entity by a person other than the office of the secretary for the purpose of evaluating the quality of the eligibility determination for services process and subsequent contact with the office by recipients of services described in subsection (a).
    (e) The monitoring system must do the following:
        (1) Evaluate every point of contact an individual has from the initial application for services described in subsection (a) to the final determination by the office and any appeal by the individual of the determination.
        (2) 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.
        (3) Determine the primary causes for why individuals do not complete the process, including barriers that are a result of state policy or procedures.

         (4) Review a monthly written accounting of the operational expenditures spent on eligibility determinations for services described in subsection (a).
    (f) 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.


     (g) The office of the secretary and a contractor of the office of the secretary concerning eligibility determinations for services shall cooperate with a person administering the monitoring system and shall provide the person with any information or data requested in an expeditious manner.
     (h) The office of the secretary shall attempt to resolve an issue of an applicant for, or a recipient of, services described in subsection (a) at the office's initial contact with the individual by using employees with decision making authority in the initial contact with applicants and recipients.
     (i) 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.

     (j) The office of the secretary shall do everything contractually allowable to terminate a contract and may not enter into or renew a contract for eligibility determinations for services if either of the following occurs:
        (1) An unfavorable evaluation is received.
        (2) A majority vote by the committee on the administration of public assistance established by IC 2-5-31 to terminate the contract.
    (k) If a condition set forth in subsection (j) occurs, the office of the secretary shall do the following:
        (1) Initiate the process of implementing a system for the eligibility determination for services to be performed by state employees.

         (2) Submit a report to the committee on the administration of public assistance established by IC 2-5-31:
            (A) setting forth the schedule; and
            (B) updating the committee;
        on the implementation of the system described in subdivision (1).
".
    Page 1, delete line 17.
    Page 2, delete lines 1 through 38.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1003 as printed January 5, 2010.)

________________________________________

Representative Riecken


MO100307/DI 104     2010