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.
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
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.