April 9, 2001





ENGROSSED

SENATE BILL No. 50

_____


DIGEST OF SB 50 (Updated April 4, 2001 6:39 PM - DI 98)



Citations Affected: IC 12-12; IC 12-17; noncode.

Synopsis: Services to individuals with disabilities. Requires the rehabilitation services bureau of the division of disability, aging, and rehabilitative services, when contracting for job development, placement, or retention services, to contract with an organization or individual accredited by an independent national accreditation organization. Requires the commission on mental retardation and developmental disabilities to annually review the infants and toddlers with disabilities program (commonly known as the "first steps" program). (The introduced version of this bill was prepared by the Indiana commission on mental retardation and developmental disabilities.)

Effective: July 1, 2001; July 1, 2003.





Lawson C, Howard
(HOUSE SPONSORS _ KLINKER, ALDERMAN)




    January 8, 2001, read first time and referred to Committee on Health and Provider Services.
    February 15, 2001, amended, reported favorably _ Do Pass.
    February 19, 2001, read second time, ordered engrossed. Engrossed.
    February 20, 2001, read third time, passed. Yeas 48, nays 0.

HOUSE ACTION

    February 26, 2001, read first time and referred to Committee on Human Affairs.
    April 9, 2001, amended, reported _ Do Pass.







April 9, 2001

First Regular Session 112th General Assembly (2001)


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 2000 General Assembly.


ENGROSSED

SENATE BILL No. 50



    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:

    SECTION 1. IC 12-12-1-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) The bureau may do the following:
        (1) Establish vocational rehabilitation centers separately or in conjunction with community rehabilitation centers.
        (2) Contract with governmental units and other public or private organizations to provide any of the vocational rehabilitation services permitted or required by this article, IC 12-8-1-11, IC 12-9-6, and IC 12-11-6.
        (3) Provide or contract for the provision of other services that are consistent with the purposes of this article, IC 12-8-1-11, IC 12-9-6, and IC 12-11-6.
     (b) When entering into contracts for job development, placement, or retention services, the bureau shall contract with governmental units and other public or private organizations or individuals that are accredited by 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 Commission on Quality Assurance, or its successor.
        (5) An independent national accreditation organization approved by the secretary.

    SECTION 2. IC 12-17-15-6, AS AMENDED BY P.L.121-1999, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 6. (a) The section division shall do the following:
        (1) Carry out the general administration and supervision of programs and activities receiving assistance under this chapter, monitor programs and activities implemented by the state, regardless of whether the programs and activities are receiving assistance under this chapter, and ensure that the state complies with 20 U.S.C. 1431 through 1445 in implementing this chapter.
        (2) Identify and coordinate all available resources from federal, state, local, and private sources, including public and private insurance coverage and utilizing all existing applicable resources to the full extent of the resources.
        (3) Develop the procedures to ensure that early intervention services are provided to infants and toddlers with disabilities and their families in a timely manner pending the resolution of disputes among public agencies and providers.
        (4) Resolve disputes within an agency or between agencies.
        (5) Enter into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services consistent with Indiana law and procedures for resolving disputes, including all additional components necessary to ensure meaningful cooperation and coordination.
    (b) The state shall designate an individual or entity responsible for assigning financial responsibility among appropriate agencies under this chapter.
    SECTION 3. IC 12-17-15-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. (a) The governor shall:
        (1) designate a member of the council to serve as the chairman of the council; or
        (2) require the council to designate a chairman from within its

membership.
    (b) A member of the council who is a representative of the section division may not serve as chairman of the council.
    (c) A chairman may be reappointed for succeeding terms.
    SECTION 4. IC 12-17-15-15, AS AMENDED BY P.L.121-1999, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. The council shall do the following:
        (1) Advise and assist the section division in the performance of the responsibilities set forth in section 6 of this chapter, particularly the following:
            (A) Identification of the sources of fiscal and other support for services for early intervention programs.
            (B) Use of the existing resources to the full extent in implementing early intervention programs.
            (C) Assignment of financial responsibility to the appropriate agency.
            (D) Promotion of the interagency agreements.
        (2) Advise and assist the section division in the preparation of applications required under 20 U.S.C. 1431 through 1445.
        (3) Prepare and submit an annual report to the governor, the general assembly, and the United States Secretary of Education by November 1 of each year concerning the status of early intervention programs for infants and toddlers with disabilities and their families.
        (4) Periodically request from the agencies responsible for providing early childhood intervention services for infants and toddlers with disabilities and preschool special education programs written reports concerning the implementation of each agency's respective programs.
        (5) Make recommendations to the various agencies concerning improvements to each agency's delivery of services.
        (6) Otherwise comply with 20 U.S.C. 1441.
    SECTION 5. IC 12-17-15-16, AS AMENDED BY P.L.121-1999, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. (a) To the extent that the services are appropriate, the council shall advise and assist the department of education regarding the transition of toddlers with disabilities to preschool special education services under IC 20-1-6.
    (b) The council may advise and assist the section division and the department of education regarding the provision of appropriate services for children who are five (5) years of age or younger.
    SECTION 6. P.L.272-1999, SECTION 67, IS AMENDED TO

READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: (a) As used in this SECTION, "commission" refers to the Indiana commission on mental retardation and developmental disabilities established by this SECTION.
    (b) The Indiana commission on mental retardation and developmental disabilities is established.
    (c) The commission consists of the following members:
        (1) Two (2) members of the house of representatives appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be members of the same political party.
        (2) Two (2) members of the senate appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be members of the same political party.
        (3) Three (3) members at large appointed by the governor. Not more than two (2) members appointed under this subdivision may be members of the same political party.
        (4) One (1) member appointed by the governor who is a consumer of mental retardation/developmental disability services.
        (5) One (1) member appointed by the governor who is a representative of advocacy groups for consumers of mental retardation and developmental disability services.
        (6) Two (2) members appointed by the governor who are representatives of families of consumers of mental retardation and developmental disability services.
        (7) One (1) member appointed by the governor who is a representative of organizations providing services to individuals with mental retardation and developmental disabilities.
The governor shall make appointments required by subdivisions (3) through (7) before May 16, 1994.
    (d) The chairman of the legislative council shall designate a legislative member of the commission to serve as chairman of the commission.
    (e) Each legislative member and each lay member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to individuals serving as legislative and lay members, respectively, on interim study committees established by the legislative council.
    (f) The commission shall do the following:
        (1) Develop a long range plan to stimulate further development of cost effective, innovative models of community based services, including recommendations that identify implementation

schedules, plans for resource development, and appropriate regulatory changes.
        (2) Review and make recommendations regarding any unmet need for mental retardation and developmental disability services, including the following:
            (A) Community residential and family support services.
            (B) Services for aging families caring for adult mentally retarded and developmentally disabled children.
            (C) Services for families in emergency or crisis situations.
            (D) Services needed to move children and adults from nursing homes and state hospitals to the community.
        (3) Study and make recommendations for the state to contract with a private entity to manage and implement home and community based services waivers under 42 U.S.C. 1396n(c).
        (4) Study and make recommendations regarding state funding needed to provide supplemental room and board costs for individuals who otherwise qualify for residential services under the home and community based services waivers.
        (5) Monitor and recommend changes for improvements in the implementation of home and community based services waivers managed by the state or by a private entity.
        (6) Review and make recommendations regarding the implementation of the comprehensive plan prepared by the developmental disabilities task force (P.L.245-1997, SECTION 1).
        (7) Review and make recommendations regarding the development by the division of disability, aging, and rehabilitative services of a statewide plan to address quality assurance in community based services.
         (8) Annually review the infants and toddlers with disabilities program established under IC 12-17-15.
    (g) The commission shall submit its findings and initial recommendations to the governor and the general assembly before December 1 of each year.
    (h) This SECTION expires January 1, 2005.