SB 331-1_ Filed 04/29/2011, 11:53
Adopted 4/29/2011
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 331
Citations Affected: IC 4-21.5-3-6; IC 10-13-3-27; IC 12-7-2-168; IC 12-9-2-3; IC 12-9.1-2-3;
IC 12-10; IC 12-11-1.1; IC 12-12-8-6; IC 12-14; IC 12-15; IC 35-46-1-13; IC 12-8-1-10;
IC 12-8-2-12; IC 12-8-6-10; IC 12-8-8-8; IC 12-10-3-16; IC 12-10-4; IC 12-15-14.5.
Synopsis: FSSA matters. Proposed conference committee report to SB 331. Authorizes the
division of aging, the bureau of aging services, the division of disability and rehabilitative
services, and the bureau of developmental disabilities services to issue certain notice orders and
citations against a provider that violates certain rules. Allows the Indiana state police to release
criminal background check information concerning the maintenance of a provider's license.
Requires the division of aging to establish standards of practice governing the services provided
by the adult protective services unit. Requires the Alzheimer's disease and related senile
dementia task force (task force) to develop a state plan concerning the provision of Alzheimer's
and related senile dementia services and sunsets the task force on December 31, 2013. Reduces
the statewide independent living council from a minimum of 20 members to a minimum of 11
members. Requires a family to be provided 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.
Deems that a Medicaid recipient has automatically assigned certain medical support rights for
the duration of the recipient's enrollment in Medicaid. Changes the time after which certain
Medicaid program changes may take effect from 45 to 30 days after issuance of the notice or
bulletin concerning the change. Provides that the notice or bulletin is void if it is not properly
communicated to the parties. Removes language from the definition of "Medicaid inpatient days"
concerning dually eligible individuals. Transfers administrative rules concerning aging to the
division of aging. Requires the probate study commission to study how to amend probate law
concerning the sale of real estate to satisfy certain claims. 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; (2) expiration dates for the office
of the secretary of family and social services, the office of Medicaid policy and planning, the
statutes concerning directors of divisions within family and social services (FSSA), and certain
advisory committees under the FSSA statutes; (3) the law concerning Alzheimer's disease and
related senile dementia programs; and (4) the law concerning supplemental payments for
ambulance transportation services. Makes technical changes. (This conference committee
report: (1) changes, from 180 days to 30 days, the time frame in which an improperly
issued Medicaid notice must wait before being resubmitted, and removes Medicaid
National Correct Code Initiative (NCCI) edits from the list of notices; (2) removes a section
concerning Medicaid forms that passed in an earlier bill; and (3) removes language that
specified that certain recreation programs for school age children may be exempt from
licensure requirements.)
Effective: July 1, 2011.
Text Box
Adopted Rejected
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CONFERENCE COMMITTEE REPORT
MR. SPEAKER:
Your Conference Committee appointed to confer with a like committee from the Senate
upon Engrossed House Amendments to Engrossed Senate Bill No. 331 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 4-21.5-3-6; (11)CC033101.1. -->
SECTION 1. IC 4-21.5-3-6, AS AMENDED BY P.L.35-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 24-4.4-2;
(B) IC 24-4.5-3;
(C) IC 28-1-29;
(D) IC 28-7-5;
(E) IC 28-8-4; or
(F) IC 28-8-5.
(6) An order issued by the:
(A) division of aging or the bureau of aging services; or
(B) division of disability and rehabilitative services or the
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 10-13-3-27; (11)CC033101.2. -->
SECTION 2. IC 10-13-3-27, AS AMENDED BY P.L.44-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 27. (a) Except as provided in subsection (b), on
request, a law enforcement agency shall release a limited criminal
history to or allow inspection of a limited criminal history by
noncriminal justice organizations or individuals only if the subject of
the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has:
(A) applied for a license or is maintaining a license; and has
(B) provided criminal history data as required by law to be
provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the
department of child services (established by IC 31-25-1-1) or by
a juvenile court as the out-of-home placement for a child at the
time the child will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
that involve contact with, care of, or supervision over a student
enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of
the division of family resources or a county office of the division
of family resources;
(12) is being sought by the parent locator service of the child
support bureau of the department of child services;
(13) is or was required to register as a sex or violent offender
under IC 11-8-8; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
(K) Attempt under IC 35-41-5-1 to commit an offense
listed in clauses (A) through (J).
(L) Conspiracy under IC 35-41-5-2 to commit an offense
listed in clauses (A) through (J).
(M) An offense in any other jurisdiction in which the
elements of the offense for which the conviction was
entered are substantially similar to the elements of an
offense described under clauses (A) through (J).
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who knowingly or intentionally uses limited criminal
history for any purpose not specified under this section commits a
Class A misdemeanor.
SOURCE: IC 12-7-2-168; (11)CC033101.3. -->
SECTION 3. IC 12-7-2-168, AS AMENDED BY SEA 88-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 168. "Respite care" means, for purposes of
IC 12-10-4 and IC 12-10-5, temporary care or supervision of an
individual with Alzheimer's disease or a related senile dementia that is
provided because the individual's family or caretaker is temporarily
unable or unavailable to provide needed care.
SOURCE: IC 12-9-2-3; (11)CC033101.4. -->
SECTION 4. IC 12-9-2-3, AS AMENDED BY HEA 1001-2011, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
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) Utilize, 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.
(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 12-9.1-2-3; (11)CC033101.5. -->
SECTION 5. IC 12-9.1-2-3, AS AMENDED BY HEA 1001-2011,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2011]: 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.
(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 12-10-1-4; (11)CC033101.6. -->
SECTION 6. IC 12-10-1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. The bureau shall
perform the following duties:
(1) Provide a comprehensive and coordinated service system for
Indiana's aging population, giving high priority to those
individuals in greatest need.
(2) Conduct studies and research into the needs and problems of
the aging.
(3) Ensure participation by the aging in the planning and
operation of all phases of the system.
(4) Provide a focal point for advocacy, coordination, monitoring,
and evaluation of programs for the aging and the aged.
(5) Provide for the performance of any other functions required by
regulations established under the Older Americans Act (42 U.S.C.
3001 et seq.).
(6) Function as the sole state agency to develop a comprehensive
plan to meet the needs of the aged.
(7) Evaluate programs, services, and facilities for the aged and
determine the extent to which those programs, services, and
facilities meet the needs of the aged.
(8) Coordinate programs, services, and facilities furnished for the
aged by state agencies and make recommendations regarding
those programs, services, and facilities to the governor and the
general assembly.
(9) Receive and disburse federal money made available for
providing services to the aged or related purposes.
(10) Administer any state plan for the aging required by federal
law.
(11) Provide consultation and assistance to communities and
groups developing local services for the aged.
(12) Promote community education regarding the problems of the
aged through institutes, publications, radio, television, and the
press.
(13) Cooperate with agencies of the federal government in studies
and conferences designed to examine the needs of the aged and
prepare programs and facilities to meet those needs.
(14) Establish and maintain information and referral sources
throughout Indiana when not provided by other agencies.
(15) Act, in accordance with regulations established under the
Older Americans Act (42 U.S.C. 3001 et seq.), as the agent for
providing state money to the area agencies on aging designated in
each planning and service region in Indiana.
(16) Initiate, evaluate, and provide assistance for improving
programs in cooperation with all other state agencies having
concerns or responsibility for the aged.
(17) Conduct an annual conference on the problems of the aging
and the aged.
(18) Designate area agencies on aging in each planning and
service region in Indiana.
(19) Examine the needs of the aged and prepare programs and
facilities to meet those needs.
(20) Issue orders under IC 4-21.5-3-6 when necessary in
accordance with section 7 of this chapter.
SOURCE: IC 12-10-1-7; (11)CC033101.7. -->
SECTION 7. IC 12-10-1-7 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 7. (a) Upon a determination by the bureau that a
provider has violated this article or a rule adopted under this
article, the director shall issue a citation under IC 4-21.5-3-6 to the
provider. The citation must state the following:
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy
the breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section
may request a review under IC 4-21.5-3-7. If a request for a
hearing is not filed within the fifteen (15) day period, the
determination contained in the citation is final.
(c) The bureau may impose the following remedies for a
violation of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the
violation.
(2) Imposition of a fine not to exceed ten thousand dollars
($10,000).
(3) Suspension of new clients by the provider for a period not
to exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a
probationary license.
(5) A requirement that the provider comply with any plan of
correction approved or directed by the division.
(d) In determining appropriate remedies under this section for
a violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the
provider's control.
(2) Whether the provider has demonstrated that the provider
has taken the appropriate steps to reasonably ensure that the
violation will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.
SOURCE: IC 12-10-3-12; (11)CC033101.8. -->
SECTION 8. IC 12-10-3-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 12. The division shall
establish the following:
(1) A statewide toll free telephone line continuously open to
receive reports of suspected neglect, battery, or exploitation.
(2) Standards of practice established with the concurrence of
the prosecuting attorneys council of Indiana (IC 33-39-8-2)
and governing the services provided by the adult protective
services unit.
SOURCE: IC 12-10-5-10; (11)CC033101.9. -->
SECTION 9. IC 12-10-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. (a) The task force
shall assist the division in carrying out the division's duties under
IC 12-10-4 and IC 12-10-5.5. including the formulation of rules
adopted under IC 12-10-4.
(b) The task force shall do the following:
(1) Identify areas of concern to be addressed by the division.
(2) Compile available research in the area of Alzheimer's disease
or related senile dementia.
(3) Recommend services to the division to meet the needs of
individuals with Alzheimer's disease or related senile dementia,
including the needs of the individual's families.
(4) Recommend the development of training materials by the
division for persons who care for or provide services to
individuals with Alzheimer's disease or related senile dementia.
develop a state plan concerning the provision of services in the area
of Alzheimer's disease or related senile dementia.
SOURCE: IC 12-10-5-11; (11)CC033101.10. -->
SECTION 10. IC 12-10-5-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. This chapter expires
December 31, 2013.
SOURCE: IC 12-11-1.1-1; (11)CC033101.11. -->
SECTION 11. IC 12-11-1.1-1, AS AMENDED BY P.L.22-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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. Beginning July 1, 2011, the bureau shall ensure
that an entity approved to provide adult day services, identified day
habilitation, including facility based or community based
habilitation, prevocational services, or vocational services under
home and community based services waivers is accredited by at least
one (1) of the following organizations:
(1) The Commission on Accreditation of Rehabilitation Facilities
(CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for People
with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its
successor.
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization approved
by the secretary.
(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 in accordance with section
11 of this chapter.
SOURCE: IC 12-11-1.1-11; (11)CC033101.12. -->
SECTION 12. IC 12-11-1.1-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. (a) Upon a determination by
the bureau that a provider has violated this article or a rule
adopted under this article, the director shall issue a citation under
IC 4-21.5-3-6 to the provider. The citation must state the following:
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy
the breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section
may request a review under IC 4-21.5-3-7. If a request for a
hearing is not filed within the fifteen (15) day period, the
determination contained in the citation is final.
(c) The bureau may impose the following remedies for a
violation of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the
violation.
(2) Imposition of a fine not to exceed ten thousand dollars
($10,000).
(3) Suspension of new clients by the provider for a period not
to exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a
probationary license.
(5) A requirement that the provider comply with any plan of
correction approved or directed by the division.
(d) In determining appropriate remedies under this section for
a violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the
provider's control.
(2) Whether the provider has demonstrated that the provider
has taken the appropriate steps to reasonably ensure that the
violation will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.
SOURCE: IC 12-12-8-6; (11)CC033101.13. -->
SECTION 13. IC 12-12-8-6, AS AMENDED BY P.L.182-2009(ss),
SECTION 298, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. (a) There is established a
statewide independent living council. The council is not a part of a
state agency.
(b) The council consists of at least twenty (20) eleven (11) members
appointed by the governor, including the following:
(1) At least one (1) director of a center for independent living
located in Indiana chosen by the directors of the centers for
independent living located in Indiana.
(2) Nonvoting members from state agencies that provide services
for individuals with disabilities.
(3) Other members, who may include the following:
(A) Representatives of centers for independent living.
(B) Parents and guardians of individuals with disabilities.
(C) Advocates for individuals with disabilities.
(D) Representatives from private business.
(E) Representatives of organizations that provide services for
individuals with disabilities.
(F) Other appropriate individuals.
(c) The members appointed under subsection (b) must:
(1) provide statewide representation;
(2) represent a broad range of individuals with disabilities from
diverse backgrounds;
(3) be knowledgeable about centers for independent living and
independent living services; and
(4) include a majority of members who:
(A) are individuals with disabilities; and
(B) are not employed by a state agency or a center for
independent living.
SOURCE: IC 12-14-2-5.1; (11)CC033101.14. -->
SECTION 14. IC 12-14-2-5.1, AS AMENDED BY P.L.161-2007,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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 12-14-28-1; (11)CC033101.15. -->
SECTION 15. IC 12-14-28-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. As used in this
chapter, "qualifying family" means a family that meets all the following
conditions:
(1) The family consists of:
(A) a pregnant woman;
(B) a child who is less than eighteen (18) years of age; or
(C) a child who is at least eighteen (18) years of age but less
than twenty-four (24) years of age who is attending secondary
or post secondary school at least half-time.
(2) The child described in subdivision (1)(B) or (1)(C) resides
with a custodial parent or other adult caretaker relative, which
may include a child that may be temporarily living away from the
custodial parent or other adult caretaker relative while attending
school.
(3) The gross family income is less than two hundred fifty percent
(250%) four hundred percent (400%) of the federal poverty
level.
SOURCE: IC 12-15-2-16.5; (11)CC033101.16. -->
SECTION 16. IC 12-15-2-16.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16.5. (a) An individual who is
applying for Medicaid or receiving Medicaid is considered to have
automatically assigned to the state the individual's rights, or the
rights of any other person who is dependent upon the individual
and eligible for Medicaid, to medical support and other third party
payments for medical care for the duration of enrollment in the
Medicaid program by the individual or the individual's dependent.
(b) An individual's assignment under subsection (a):
(1) is effective only for services that are reimbursed by
Medicaid; and
(2) does not apply to Medicare payments.
SOURCE: IC 12-15-13-6; (11)CC033101.17. -->
SECTION 17. IC 12-15-13-6, AS AMENDED BY P.L.15-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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,
including a change to
prior authorization, claims processing, payment rates, and medical
policies, 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.
(c) If the office, a contractor of the office, or a managed care
plan under the office does not comply with the requirements in
subsections (a) and (b):
(1) the notice or bulletin is void;
(2) a claim may not be denied because the claim does not
comply with the void notice or bulletin; and
(3) the office, a contractor of the office, or a managed care
plan under the office may not reissue the bulletin or notice for
thirty (30) days unless the change is required by the federal
government to be implemented earlier.
SOURCE: IC 12-15-16-2; (11)CC033101.18. -->
SECTION 18. IC 12-15-16-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) For purposes of
disproportionate share eligibility, a provider's Medicaid inpatient
utilization rate is a fraction (expressed as a percentage) where:
(1) the numerator is the provider's total number of Medicaid
inpatient days in the most recent year for which an audited cost
report is on file with the office; and
(2) the denominator is the total number of the provider's inpatient
days in the most recent year for which an audited cost report is on
file with the office.
(b) For purposes of this section, "Medicaid inpatient days" includes
all acute care days attributable to individuals eligible for Medicaid
benefits under a state plan approved under 42 U.S.C. 1396a on the days
of service:
(1) whether attributable to individuals eligible for Medicaid in
Indiana or any other state;
(2) even if the office did not make payment for any services,
including inpatient days that are determined to be medically
necessary but for which payment is denied by the office for other
reasons; and
(3) including days attributable to Medicaid beneficiaries receiving
services through a managed care organization or health
maintenance organization.
However, a day is not a Medicaid inpatient day for purposes of this
section if the patient was entitled to both Medicare Part A (as defined
in 42 U.S.C. 1395c) and Medicaid on that day.
SOURCE: IC 35-46-1-13; (11)CC033101.19. -->
SECTION 19. IC 35-46-1-13, AS AMENDED BY P.L.141-2006,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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 12-8-1-10; IC 12-8-2-12; IC 12-8-6-10; IC 12-8-8-8;
IC 12-10-3-16; IC 12-10-4; IC 12-15-14.5.
; (11)CC033101.20. -->
SECTION 20. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 12-8-1-10; IC 12-8-2-12; IC 12-8-6-10; IC 12-8-8-8;
IC 12-10-3-16; IC 12-10-4; IC 12-15-14.5.
SOURCE: ; (11)CC033101.21. -->
SECTION 21. [EFFECTIVE JULY 1, 2011] (a) The publisher of
the Indiana Administrative Code shall transfer rules concerning
aging from the title of the Indiana Administrative Code for the
division of disability and rehabilitative services to a new title for
the division of aging. The rules that are to be transferred under
this subsection include the following:
(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 aging that are to be
transferred under subsection (a).
(c) This SECTION expires December 31, 2011.
SOURCE: ; (11)CC033101.22. -->
SECTION 22. [EFFECTIVE JULY 1, 2011]
(a) During the 2011
legislative interim, the probate code study commission established
by IC 2-5-16-2 shall study how the probate code should be
amended to permit the sale of real estate located in Indiana to
satisfy a claim by:
(1) the office of Medicaid policy and planning;
(2) the United States;
(3) the state; or
(4) a subdivision of the state;
against a decedent regardless of whether letters testamentary or of
administration are issued within five (5) months of the decedent's
death.
(b) This SECTION expires December 31, 2011.
(Reference is to ESB 331 as reprinted April 19, 2011.)
Conference Committee Report
on
Engrossed Senate Bill 331
Text Box
S
igned by:
____________________________ ____________________________
Senator MillerRepresentative Brown T
Chairperson
____________________________ ____________________________
Senator BreauxRepresentative Brown C
Senate Conferees House Conferees