Introduced Version
SENATE BILL No. 347
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-8-15.
Synopsis: Administration of public assistance. Requires the office of
the secretary of family and social services 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. Makes various requirements on the
division of family resources (division) concerning the provision of
public assistance services. Prohibits the division from denying public
assistance services for an individual on the sole basis that a medical
review team has failed to render a decision regarding the individual.
Establishes the office of quality control within the division and sets
forth the office's duties. Requires reimbursement to public assistance
providers in a timely manner. Requires the office of the secretary 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.
Effective: Upon passage; July 1, 2010.
Becker
January 11, 2010, read first time and referred to Committee on Appropriations.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 347
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-15.2; (10)IN0347.1.1. -->
SECTION 1. IC 12-7-2-15.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 15.2. "Applicant with special needs or disabilities",
for purposes of IC 12-8-15, has the meaning set forth in
IC 12-8-15-1.
SOURCE: IC 12-7-2-152.7; (10)IN0347.1.2. -->
SECTION 2. 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 12-8-15-2.
SOURCE: IC 12-7-2-190.3; (10)IN0347.1.3. -->
SECTION 3. IC 12-7-2-190.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]: Sec. 190.3. "Temporary residence",
for purposes of IC 12-8-15-7, has the meaning set forth in
IC 12-8-15-7(a).
SOURCE: IC 12-8-15; (10)IN0347.1.4. -->
SECTION 4. 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 Eligibility Determinations
Sec. 1. As used in this chapter, "applicant with special needs or
disabilities" means an individual whose disability or impairment
requires the individual to need a face-to-face meeting with a
caseworker.
Sec. 2. 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. 3. (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 to ensure the following:
(1) The accuracy and appropriate use of client information
that is gathered during the eligibility determination process.
(2) The proper development of case plans for an individual.
(3) The accurate maintenance of an applicant's records
throughout the public assistance eligibility process and while
receiving public assistance services.
Sec. 4. (a) The division of family resources shall operate, in each
Indiana county, a county office where individuals 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 division shall maintain a fraud protection and
recognition unit in each county office.
(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 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
sufficiently trained and available during all state business
hours to:
(A) assist public assistance applicants and recipients in the
county office and in the residence of an individual with
special needs and disabilities as required in section 7 of this
chapter; and
(B) assist providers and other social services agencies that
provide services to public assistance recipients.
(2) Provide adequate 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. 5. (a) The division of family resources shall employ
individuals as state employee caseworkers. An individual employed
by the division as a caseworker must have the following
qualifications:
(1) For an employee hired before July 1, 2010, the individual
must meet the job classifications used by the office of the
secretary on January 1, 2005.
(2) For an employee hired after June 30, 2010, the individual
must hold a bachelor's degree from a college or university
accredited by the North Central Association of Colleges and
Schools.
(b) The division of family resources shall develop and use
eligibility application forms and eligibility redetermination
application forms that:
(1) are printed in large size type;
(2) do not exceed four (4) pages in length; and
(3) are provided along with a separate document that
describes the services available.
Sec. 6. (a) A caseworker may interact with an applicant for
public assistance to assist in the public assistance application
process in the following settings:
(1) In a county office operated by the division of family
resources.
(2) In an applicant's residence, including a temporary
residence, as described in section 7 of this chapter, if the
applicant is an individual with special needs or disabilities.
(3) Through use of a telephone, computer, or other
technology.
(b) A caseworker shall assist an individual applying for public
assistance throughout the application process and shall remain in
contact with and assist the individual, as needed, while the
individual is receiving public assistance and during the
redetermination of benefits process.
(c) Except as provided in subsection (d) and section 7(c) of this
chapter, an individual applying for public assistance services may
not receive services until a caseworker:
(1) determines that the individual is eligible for the services;
and
(2) verifies that the individual's identity and information are
proper.
(d) A caseworker or a representative of the area agencies on
aging may determine that an applicant is presumptively eligible for
services when allowed by the state Medicaid plan.
Sec. 7. (a) As used in this section, "temporary residence" means
the place where a public assistance applicant is staying temporarily
(such as a health facility, hospital, or other location) under
circumstances that prevent the individual from going in person to
the county office to apply for public assistance.
(b) Upon request by:
(1) an applicant with special needs or disabilities or the
applicant's legal guardian;
(2) a health care provider that provides services to an
applicant with special needs or disabilities;
(3) a circuit or superior court;
(4) a social services agency; or
(5) an agency that provides medical, health, or social services
to applicants with special needs or disabilities;
a caseworker may interview an applicant with special needs or
disabilities in the applicant's residence or the applicant's
temporary residence to determine the applicant's eligibility for
public assistance.
(c) If an interview of an applicant with special needs or
disabilities at the applicant's residence or temporary residence
would jeopardize:
(1) the applicant's ability to receive services in an emergency
situation; or
(2) the provision of services in a timely manner as required by
federal law;
a telephone interview or other alternative interview format
allowable under state and federal law may be used.
Sec. 8. (a) The division of family resources may not deny public
assistance services for an individual on the sole basis that a medical
review team has failed to render a decision regarding the
individual.
(b) The division of family resources may not charge an
individual or the individual's guardian for a copy of a report on the
individual prepared by the medical review team or the division.
Sec. 9. (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 training
and evaluating caseworkers 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 division of family resources shall employ a sufficient
number of employees within the office of quality control to
adequately implement measures to ensure the quality delivery of
public assistance services.
(c) 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. 10. (a) The division of family resources shall establish, in
cooperation with public assistance recipients, advocates,
caseworkers, and other employees, measures for ensuring the
quality of public assistance services and a quality work
environment for caseworkers and other employees providing
public assistance services. As part of establishing measures
described in this section, the division shall review best practices in
other states.
(b) The division of family resources shall maintain the
confidentiality of client information when implementing measures
established under subsection (a).
Sec. 11. (a) The division of family resources shall establish the
following procedures:
(1) Requirements that each applicant or recipient of public
assistance services be informed of the applicant's right to
appeal a determination.
(2) Requirements to disclose the file of an applicant or
recipient of public assistance services to the applicant or
recipient or the applicant's or recipient's legal guardian.
(3) Procedures for the maintenance of files containing
updated medical and health records for a public assistance
applicant or recipient.
(4) Procedures for the proper handling of appeals, including
a verbal appeal, from an applicant or recipient of public
assistance services.
(b) The division of family resources may not charge:
(1) an applicant;
(2) a recipient; or
(3) a legal guardian of the applicant or recipient;
of public assistance services for a complete copy of all of the
documents, including medical records, contained in the individual's
file maintained by the division if the individual is appealing a
determination made by the division.
Sec. 12. The office of the secretary shall reimburse a provider
that has entered into an agreement with the office of the secretary,
or an office or division of the office of the secretary, for services
provided to a recipient of public assistance services:
(1) in a timely manner;
(2) in accordance with the provider agreement; and
(3) in a manner that does not jeopardize the well being of the
recipient.
Sec. 13. The division of family resources may not require that a
public assistance recipient maintain continued eligibility through
the use of remote services, including computer or telephone
communication.
Sec. 14. The division of family resources shall establish for each
public assistance recipient a schedule for the redetermination of
eligibility for public assistance that complies with all federal public
assistance laws and regulations.
Sec. 15. (a) The division of family resources shall develop and
maintain public assistance applicant and recipient records in the
following manner:
(1) A paperless record keeping system to the extent feasible,
except that communication with an applicant or recipient
must be in writing and in paper format.
(2) A computer based record keeping system by which the file
of a public assistance applicant or recipient may be
electronically transferred from the individual's county of
residence to another county without delay.
(b) The division of family resources shall test any upgrades in
technology, client services, or administrative changes on a small
sample population of applicants, recipients, providers, and other
employees before the changes may be implemented statewide.
Sec. 16. The office of the secretary may contract with a private
vendor to provide computer maintenance and related technical
support services for the division of family resources and the county
offices.
SOURCE: ; (10)IN0347.1.5. -->
SECTION 5. [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)IN0347.1.6. -->
SECTION 6. [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)IN0347.1.7. -->
SECTION 7.
An emergency is declared for this act.