CHAPTER 16. PROVISION OF VARIOUS FORMS OF TOWNSHIP ASSISTANCE
IC 12-20-16
Chapter 16. Provision of Various Forms of Township Assistance
IC 12-20-16-1
Assistance only upon necessity
Sec. 1. A township trustee, as administrator of townshipassistance, may provide and shall extend township assistance onlywhen the personal effort of the township assistance applicant fails toprovide one (1) or more basic necessities.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.53;P.L.73-2005, SEC.69.
IC 12-20-16-2
Medical assistance; necessity
Sec. 2. (a) Except as provided in subsections (b) and (c), thetownship trustee shall, in cases of necessity, do the following:
(1) Promptly provide medical assistance for poor individuals inthe township who are not provided for in public institutions.
(2) See that medicines, medical supplies, special diets, or testsprescribed by a physician or surgeon in attendance upon poorindividuals in the township are properly furnished.
(b) A township trustee may not provide to an individual medicalassistance under the township assistance program if the individualcould qualify for medical assistance for the same service under:
(1) IC 12-16;
(2) Medicaid;
(3) other governmental medical programs; or
(4) private health insurance that would cover the individual atthe time the assistance was provided. However, if theindividual's insurance does not pay for the medical assistancedue to a policy deductible or other policy limitation, thetownship trustee shall pay for medical assistance that the trusteewould provide if the individual did not have insurance.
However, a township trustee may provide interim medical servicesduring the period that the individual has an application pending formedical assistance under Medicaid (IC 12-15) or anothergovernmental medical program if the individual is reasonablycomplying with all requirements of the application process.
(c) The township trustee shall pay only for the following medicalservices for the poor of the township:
(1) Prescription drugs, not to exceed a thirty (30) day supply ata time, as prescribed by an attending practitioner (as defined inIC 16-42-19-5) other than a veterinarian. However, if theprescription drugs are available only in a container that containsmore than a thirty (30) day supply, the township trustee maypay for the available size.
(2) Office calls to a physician licensed under IC 25-22.5 oranother medical provider.
(3) Dental care needed to relieve pain or infection or to repaircavities. (4) Repair or replacement of dentures.
(5) Emergency room treatment that is of an emergency nature.
(6) Preoperation testing prescribed by an attending physicianlicensed under IC 25-22.5.
(7) Over-the-counter drugs prescribed by a practitioner (asdefined in IC 16-42-19-5) other than a veterinarian.
(8) X-rays and laboratory testing as prescribed by an attendingphysician licensed under IC 25-22.5.
(9) Visits to a medical specialist when referred by an attendingphysician licensed under IC 25-22.5.
(10) Physical therapy prescribed by an attending physicianlicensed under IC 25-22.5.
(11) Eyeglasses.
(12) Repair or replacement of a prosthesis not provided for byother tax supported state or federal programs.
(13) Insulin and items needed to administer the biological, notto exceed a thirty (30) day supply at a time, in accordance withsection 14 of this chapter. However, if the biologicals areavailable only in a container that contains more than a thirty(30) day supply, the township trustee may pay for the availablesize.
(d) The township trustee may establish a list of approved medicalproviders to provide medical services to the poor of the township.Any medical provider who:
(1) can provide the particular medical services within the scopeof the provider's license issued under IC 25; and
(2) is willing to provide the medical services for the chargesestablished by the township trustee;
is entitled to be included on the list.
(e) Unless prohibited by federal law, a township trustee who:
(1) provides to an individual medical assistance that is eligiblefor payment under any medical program described in subsection(b) for which payments are administered by an agency of thestate during the pendency of the individual's successfulapplication for the program; and
(2) submits a timely and proper claim to the agency;
is eligible for reimbursement by the agency to the same extent as anymedical provider.
(f) If a township trustee provides medical assistance for medicalservices provided to an individual who is subsequently determinedto be eligible for Medicaid:
(1) the township trustee shall notify the medical provider thatprovided the medical services of the individual's eligibility; and
(2) not later than thirty (30) days after the medical providerreceives the notice under subdivision (1), the medical providershall file a claim for reimbursement with the office.
(g) A medical provider that is reimbursed under subsection (f)shall, not later than thirty (30) days after receiving thereimbursement, pay to the township trustee the lesser of:
(1) the amount of medical assistance received from the trustee
to an individual; or
(2) the amount reimbursed by Medicaid to the medical provider.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.54;P.L.262-2003, SEC.4; P.L.73-2005, SEC.70.
IC 12-20-16-3
Utility services payment; necessity; eligibility
Sec. 3. (a) The township trustee may, in cases of necessity,authorize the payment from township assistance money for essentialutility services, including the following:
(1) Water services.
(2) Gas services.
(3) Electric services.
(4) Fuel oil services for fuel oil used for heating or cooking.
(5) Coal, wood, or liquid propane used for heating or cooking.
(b) The township trustee may authorize the payment of delinquentbills for the services listed in subsection (a)(1) through (a)(5) whennecessary to prevent the termination of the services or to restoreterminated service if the delinquency has lasted not longer thantwenty-four (24) months. The township trustee has no obligation topay a delinquent bill for the services or materials listed in subsection(a)(1) through (a)(5) if the delinquency has lasted longer thantwenty-four (24) months.
(c) The township trustee is not required to pay for any utilityservice:
(1) that is not properly charged to:
(A) an adult member of a household;
(B) an emancipated minor who is head of the household; or
(C) a landlord or former member of the household if theapplicant proves that the applicant:
(i) received the services as a tenant residing at the serviceaddress at the time the cost was incurred; and
(ii) is responsible for payment of the bill;
(2) received as a result of a fraudulent act by any adult memberof a household requesting township assistance; or
(3) that includes the use of township assistance funds for thepayment of:
(A) a security deposit; or
(B) damages caused by a township assistance applicant toutility company property.
(d) The amount paid by the township trustee, as administrator oftownship assistance, and the amount charged for water services maynot exceed the minimum rate charged for the service as fixed by theIndiana utility regulatory commission.
(e) This subsection applies only during the part of each year whenapplications for heating assistance are accepted by the lieutenantgovernor under IC 4-4-33. A township trustee may not provideassistance to make any part of a payment for heating fuel or electricservices for more than thirty (30) days unless the individual files anapplication with the township trustee that includes the following: (1) Evidence of application for assistance for heating fuel orelectric services from the lieutenant governor.
(2) The amount of assistance received or the reason for denialof assistance.
The township trustee shall inform an applicant for assistance forheating fuel or electric services that assistance for heating fuel andelectric services may be available from the lieutenant governor underIC 4-4-33 and that the township trustee may not provide assistanceto make any part of a payment for those services for more than thirty(30) days unless the individual files an application for assistance forheating fuel or electric services under IC 4-4-33. However, if theapplicant household is eligible under criteria established by thelieutenant governor for energy assistance under IC 4-4-33, the trusteemay certify the applicant as eligible for that assistance by completingan application form prescribed by the state board of accounts andforwarding the eligibility certificate to the lieutenant governor withinthe period established for the acceptance of applications. If thetrustee follows this certification procedure, no other application isrequired for assistance under IC 4-4-33.
(f) If an individual or a member of an individual's household hasreceived assistance under subsection (b), the individual must, beforethe individual or the member of the individual's household mayreceive further assistance under subsection (b), certify whether theindividual's or household's income, resources, or household size haschanged since the individual filed the most recent application fortownship assistance. If the individual or a member of the individual'shousehold certifies that the income, resources, or household size haschanged, the township trustee shall review the individual's orhousehold's eligibility and may make any necessary adjustments inthe level of assistance provided to the individual or to a member ofthe individual's household.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.55;P.L.259-2001, SEC.7; P.L.73-2005, SEC.71; P.L.141-2006, SEC.60;P.L.181-2006, SEC.55; P.L.1-2007, SEC.125.
IC 12-20-16-4
Repealed
(Repealed by P.L.51-1996, SEC.77.)
IC 12-20-16-5
Food relief
Sec. 5. (a) An applicant or a household that receives food relief inany township having a population of more than ten thousand(10,000) may request the township trustee, as administrator oftownship assistance, to issue a food order upon any eligible market,and the township trustee, as administrator of township assistance,shall abide by that request.
(b) The amount of a food order for various sized households thatare determined by the trustee to be eligible for township assistanceshall be based upon uniform monthly amounts specified in the
township's township assistance standards. However, an additionalamount of food may be ordered for special health reasons asprescribed by a physician. A supplemental food order may be issuedbecause of the loss of the recipient's food by:
(1) fire, flood, or other natural disaster;
(2) burglary or other criminal act; or
(3) the unpreventable spoilage of food.
(c) The trustee may issue a food order to an eligible applicant oneither a daily, weekly, or monthly basis.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.56;P.L.73-2005, SEC.72.
IC 12-20-16-6
Federal food stamp program eligibility
Sec. 6. (a) Except as provided in subsection (b), a townshiptrustee, as administrator of township assistance, may not purchasefood out of the township assistance fund for an applicant or ahousehold that is eligible to participate in the federal food stampprogram.
(b) A township trustee, as administrator of township assistance,may purchase food for an eligible food stamp applicant or householdonly under any of the following conditions:
(1) During the interim period beginning when an applicant or ahousehold is awaiting a determination of eligibility from thefood stamp office and ending not more than five (5) days afterthe day the applicant or household becomes eligible toparticipate in the federal food stamp program.
(2) Upon the verified loss of the household's food stamps orfood supply by:
(A) fire or other natural disaster; or
(B) burglary or other criminal act, if the requesting applicantor household files a report with the appropriate lawenforcement agency.
(3) Upon the loss of the applicant's or household's food supplythrough spoilage.
(4) Upon a written statement from a physician indicating that atleast one (1) member of the household needs a special diet, thecost of which is greater than can be purchased with thehousehold's allotment of food stamps.
(5) If the township trustee, as administrator of townshipassistance, determines that an applicant or a household:
(A) is in need of supplementary food assistance; and
(B) has participated in the federal food stamp program to thefullest extent allowable under federal and state law;
and supplementary food assistance is required by thecircumstances of the particular case.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.57;P.L.73-2005, SEC.73.
IC 12-20-16-7 Eligible markets; continuing eligibility; purchase order itemization
Sec. 7. (a) A combined grocery (marketing fresh vegetables, fresheggs, and dairy products) and meat market (marketing fresh meat) ina township having a population of more than ten thousand (10,000)is eligible to accept food purchase orders from the township trustee,as administrator of township assistance, in the township in which themarket is located if the owner of the market has applied to thetownship trustee using a form prescribed by the state board ofaccounts.
(b) A market described in subsection (a) remains eligible to accepttownship food purchase orders unless any of the followingconditions exist:
(1) The owner notifies the township trustee, as administrator oftownship assistance, to remove the owner's market from theeligible list.
(2) An appropriate health or other governmental agency closesthe market.
(3) The township trustee, as administrator of townshipassistance, removes the market from the eligible list for a periodnot to exceed six (6) months because the management of themarket, in filling a township food or household supply order:
(A) includes in the order tobacco products, alcoholicbeverages, or other nonqualifying items; or
(B) fails to routinely request identification from anindividual who redeems a township purchase order.
(4) A person who owns or is employed by the market has beenconvicted of township assistance fraud under IC 12-20-1-4(c).
(c) A combined grocery and meat market shall, in filling atownship purchase order for food and household supplies, attach tothe purchase order form either a cash register tape or a written ortyped itemization of the cost of the food and household suppliespurchased. Household supplies, including first aid and medicalsupplies, are not considered food.
(d) The cash register tape or itemization required by subsection(c) is the full and complete record of purchase for all purposes. Morecomplete records or itemization may not be required by anyindividual, government official, or entity.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.58;P.L.73-2005, SEC.74.
IC 12-20-16-8
Incompetent head of family; alternate food purchase orderissuance
Sec. 8. (a) If an applicant or a household is considered by thetownship trustee, as administrator of township assistance, to beincompetent or irresponsible to select food from a combined groceryand meat market or to make proper use of food stamps, the townshiptrustee, as administrator of township assistance, shall issue the foodpurchase order in the name of one (1) of the following:
(1) Another adult member of the household. (2) Another relative living in another household.
(3) Any other individual considered competent by the townshiptrustee, as administrator of township assistance.
(b) For the purpose of selecting the combined grocery and meatmarket in a township having a population of more than ten thousand(10,000) from which food for the household is to be obtained, thecompetent individual referred to in subsection (a) shall be consideredthe individual responsible.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.59;P.L.73-2005, SEC.75.
IC 12-20-16-9
Limitation on food assistance; food stamp application
Sec. 9. (a) A township trustee may not provide food assistance formore than thirty (30) days unless an individual files an applicationwith the township trustee that includes the following:
(1) Evidence of application for food stamps from the divisionof family resources.
(2) The amount of assistance received or the reason for denialof assistance.
(b) The township trustee shall inform an applicant for foodassistance that food stamps may be available from the division offamily resources and that the township trustee may not provide foodassistance for more than thirty (30) days unless the individual filesan application for food stamps with the division of family resources.
As added by P.L.2-1992, SEC.14. Amended by P.L.145-2006,SEC.119.
IC 12-20-16-10
Livestock; feed instead of cost of food
Sec. 10. The township trustee, as administrator of townshipassistance, may purchase feed for a minimum amount of subsistencelivestock if the cost is less than the cost of food that is otherwisenecessary for the township trustee to furnish under this chapter.
As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.76.
IC 12-20-16-11
Nonresidents; transportation without ascertaining legal residence
Sec. 11. (a) A township trustee may not furnish a nonresident ofa township with transportation at the cost of the township until thetownship trustee, as administrator of township assistance, determinesthe legal residence of the individual applying for assistance.
(b) Transportation provided to a nonresident of a township mustbe in the direction of the nonresident's legal residence unless it isshown that the individual in need has a valid claim for support or ameans of support in some other place to which the individual asks tobe sent.
As added by P.L.2-1992, SEC.14. Amended by P.L.51-1996, SEC.60;P.L.73-2005, SEC.77.
IC 12-20-16-12
Funeral and burial or cremation expenses
Sec. 12. (a) This section does not apply if the county coronerassumes jurisdiction of an unclaimed body under IC 36-2-14-16.
(b) If:
(1) an individual dies in a township without leaving:
(A) money;
(B) real or personal property;
(C) other assets that may be liquidated; or
(D) other means necessary to defray funeral expenses; and
(2) the individual is not a resident of another township inIndiana;
the township trustee, as administrator of township assistance, shallprovide a person to superintend and authorize either the funeral andburial or cremation of the deceased individual. If the townshiptrustee determines that the deceased individual is a resident ofanother township in Indiana, the township trustee shall notify thetrustee of that township, who shall then provide a person tosuperintend and authorize either the funeral and burial or cremationof the deceased individual.
(c) The necessary and reasonable expenses of the funeral andburial or cremation, including a burial plot, shall be paid in the samemanner as other claims for township assistance. A trustee shalldetermine the cost for the items and services required by law for thefuneral and burial of an individual, including a burial plot, and forthe cremation of an individual, and include in the township'stownship assistance standards the maximum funeral and burial orcremation amount to be paid from township assistance funds. Thetrustee may deduct from the maximum amount the following:
(1) Any monetary benefits that the deceased individual isentitled to receive from a state or federal program.
(2) Any money that another person provides on behalf of thedeceased individual.
(d) If an individual described in subsection (b) is a resident of astate institution at the time of the individual's death, the division thathas administrative control of the state institution shall reimburse thetownship trustee for the necessary and reasonable expenses of thefuneral and burial or cremation of the deceased individual. Thetownship trustee shall submit to the division that has administrativecontrol of the state institution an itemized claim for reimbursementof the necessary and reasonable funeral and burial or cremationexpenses incurred by the township trustee.
(e) If an individual described in subsection (b) is a resident of aspecial institution governed by IC 16-33 at the time of theindividual's death, the state department of health shall reimburse thetownship trustee for the necessary and reasonable expenses of thefuneral and burial or cremation of the deceased individual. Thetownship trustee shall submit to the state department of health anitemized claim for reimbursement of the necessary and reasonablefuneral and burial or cremation expenses incurred by the township
trustee.
(f) A township trustee who provides funeral and burial orcremation benefits to a deceased individual is entitled to a firstpriority claim, to the extent of the cost of the funeral and burial orcremation benefits paid by the township trustee, against any moneyor other personal property held by the coroner under IC 36-2-14-11.
(g) The township trustee may not cremate a deceased individualif:
(1) the deceased individual; or
(2) a surviving family member of the deceased individual;
has objected in writing to cremation.
(h) If a township trustee provides a funeral under this section, thecost of the funeral may not be more than the cost of the leastexpensive funeral, including any necessary merchandise andembalming, available from the funeral director under the funeraldirector's price list disclosed to the Federal Trade Commission.
As added by P.L.2-1992, SEC.14. Amended by P.L.162-1995, SEC.1;P.L.51-1996, SEC.61; P.L.73-2005, SEC.78.
IC 12-20-16-13
Processing purchased and donated materials for townshipassistance; gardens
Sec. 13. (a) The township trustee, as administrator of townshipassistance, may process at the expense of the township materialsprovided by charitable or governmental agencies to provide any itemof township assistance if the expense of the processing is less thanthe cost of the finished product.
(b) The township trustee, as administrator of township assistance,may buy materials and supplies of any item of relief and may processthe materials for township assistance purposes.
(c) The township trustee, as administrator of township assistance,may buy garden seeds and plant and maintain gardens for townshipassistance purposes.
As added by P.L.2-1992, SEC.14. Amended by P.L.73-2005, SEC.79.
IC 12-20-16-14
Insulin
Sec. 14. The township trustee is authorized to provide insulin toindividuals who are in need of insulin treatment and who arefinancially unable to purchase the insulin, upon application of aphysician licensed under IC 25-22.5 or an advanced practice nursewho is licensed under IC 25-23 and who meets the requirements ofIC 25-23-1-11 and IC 25-23-1-19.5. However, an applicationsubmitted by a physician or an advanced practice nurse under thissection must meet the requirements of IC 16-41-19-4.
As added by P.L.2-1992, SEC.14. Amended by P.L.262-2003, SEC.5.
IC 12-20-16-15
Placement of indigents in county home
Sec. 15. The township trustee may place indigent individuals in
the county home in accordance with IC 12-30-4.
As added by P.L.2-1992, SEC.14.
IC 12-20-16-16
Reserved
IC 12-20-16-17
Inspection of housing units; substandard housing; shelter damage orsecurity deposit; eligibility for shelter assistance
Sec. 17. (a) A township trustee may employ the services of ahousing inspector to inspect all housing units, including:
(1) mobile homes;
(2) group homes;
(3) single household units;
(4) multiple household units;
(5) apartments; or
(6) any other dwelling;
inhabited by a township assistance recipient.
(b) A township trustee may contract with a local housingauthority:
(1) for housing inspection services; and
(2) to train a township housing inspector.
Costs of these contractual services shall be paid from the townshipassistance fund.
(c) A township housing inspector shall use the following fordetermining a housing structure's suitability for habitation:
(1) Standards recommended by the United States Department ofHousing and Urban Development as used by local housingauthorities.
(2) Local building codes and municipal ordinances.
(d) Substandard housing that does not meet minimum standardsof health, safety, and construction is not eligible for:
(1) the maximum level of shelter payments; or
(2) damage or security deposits paid from or encumbered bytownship funds.
(e) If the trustee determines that a housing unit for which paymentis requested is substantially below minimum standards of health,safety, or construction, the trustee, when necessary, shall assist theapplicant in obtaining appropriate alternate shelter.
(f) A township trustee is not required to spend township assistancefunds for a shelter damage or security deposit for an eligibletownship assistance applicant or household. However, the trusteemay encumber money for a shelter damage or security deposit bymaking an agreement with a property owner who furnishes shelterfor a township assistance recipient or household. The agreementmust include the following:
(1) The agreement's duration, not to exceed one hundred eighty(180) days.
(2) A statement that the agreement may be renewed if bothparties agree. (3) The total value of the encumbered money, not to exceed thevalue of one (1) month's rental payment.
(4) A statement signed by both the trustee and the propertyowner attesting to the condition of the property at the time theagreement is made.
(5) A statement that encumbered money may be used to pay thecost of:
(A) verified damages, normal wear excluded, caused by thetenant township assistance recipient during the duration ofthe agreement; and
(B) any unpaid rental payments for which the tenanttownship assistance recipient is obligated.
(6) A statement that the total amount to be paid from theencumbered money may not exceed one (1) month's rentalpayment for the unit in question.
(g) A trustee is not required to provide shelter assistance to anotherwise eligible individual if the:
(1) individual's most recent residence was provided by theindividual's parent, guardian, or foster parent; and
(2) individual, without just cause, leaves that residence for theshelter for which the individual seeks assistance.
As added by P.L.51-1996, SEC.62. Amended by P.L.73-2005,SEC.80.