CHAPTER 1. OFFICE OF SECRETARY OF FAMILY AND SOCIAL SERVICES
IC 12-8
ARTICLE 8. ADMINISTERING FAMILY ANDSOCIAL SERVICES
IC 12-8-1
Chapter 1. Office of Secretary of Family and Social Services
IC 12-8-1-1
Establishment
Sec. 1. (a) The office of the secretary of family and social servicesis established.
(b) The office of the secretary includes the following:
(1) The secretary.
(2) Each office.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-2
Appointment
Sec. 2. The governor shall appoint the secretary of family andsocial services to coordinate family and social service programsamong the divisions.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-3
Duties
Sec. 3. (a) The secretary has administrative responsibility for theoffice of the secretary.
(b) Subject to this article, the secretary may organize an office toperform the duties of the office.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-4
Personnel
Sec. 4. (a) The secretary, with the approval of the budget agency,may hire personnel necessary to perform the duties of each office.
(b) All employees of the office of the secretary other thanemployees holding confidential or policy making positions arecovered by IC 4-15-2.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-5
Technical assistance to divisions; coordination; related functions
Sec. 5. (a) The secretary, through the offices, is responsible forcoordinating the provision of technical assistance to each division forthe following:
(1) Compiling program budgets for each division.
(2) Fiscal performance of each division.
(3) Management and administrative performance of eachdivision.
(4) Program performance of each division. (b) The secretary, through the offices, is accountable for thefollowing:
(1) Resolution of administrative, jurisdictional, or policyconflicts among the divisions.
(2) The coordination of the activities of each division with otherentities, including the general assembly and other stateagencies.
(3) Coordination of communication with the federal governmentand the governments of other states.
(4) Development and ongoing monitoring of a centralizedmanagement information system and a centralized trainingsystem for orientation and cross-training.
(5) The overall policy development and management of thestate Medicaid plan under IC 12-15.
(6) Liaison activities with other governmental entities andprivate sector agencies.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-6
Cooperation to coordinate services
Sec. 6. (a) The secretary and the commissioner of the statedepartment of health shall cooperate to coordinate family and socialservices programs with related programs administered by the statedepartment of health.
(b) The secretary, in cooperation with the commissioner of thestate department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflictsbetween a division and the state department of health.
(2) Formulating overall policy for family, health, and socialservices in Indiana.
(3) Coordinating activities between the programs of the divisionof family resources and the maternal and child health programsof the state department of health.
(4) Coordinating activities concerning long term care betweenthe division of disability and rehabilitative services and the statedepartment of health.
(5) Developing and implementing a statewide family, health,and social services plan that includes a set of goals andpriorities.
As added by P.L.2-1992, SEC.2. Amended by P.L.4-1993, SEC.26;P.L.5-1993, SEC.39; P.L.141-2006, SEC.26; P.L.145-2006, SEC.63;P.L.1-2007, SEC.110.
IC 12-8-1-7
Powers
Sec. 7. The secretary, through the offices, may do the following:
(1) Employ experts and consultants to carry out the duties of thesecretary and the offices.
(2) Utilize, with the consent of the other state agencies, theservices and facilities of other state agencies without
reimbursement.
(3) Accept in the name of the state, for use in carrying out thepurposes of this article, any money or other property receivedas a gift, by bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available according to policiesenforced by the budget agency.
(6) Establish and implement the policies and proceduresnecessary to implement this article.
(7) Advise the governor concerning rules adopted by a division.
(8) Create advisory bodies to advise the secretary about anymatter relating to the implementation of this article.
(9) Perform other acts necessary to implement this article.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-8
Cooperation with federal agencies; federal aid
Sec. 8. (a) The secretary shall cooperate with the federal SocialSecurity Administration and with any other agency of the federalgovernment in any reasonable manner that may be necessary toqualify for federal aid for assistance to persons who are entitled toassistance under the provisions of the federal Social Security Act.
(b) The secretary shall do the following:
(1) Make reports in the form and containing the informationrequired by the federal Social Security Administration Board orany other agency of the federal government.
(2) Comply with the requirements that the federal SocialSecurity Administration Board or other agency of the federalgovernment finds necessary to assure the correctness andverification of reports.
(c) The secretary shall act as the agent to the federal governmentin the following:
(1) Welfare matters of mutual concern.
(2) The administration of federal money granted to Indiana toaid the welfare functions of the state.
As added by P.L.2-1992, SEC.2.
IC 12-8-1-9
Rules
Sec. 9. Consistent with the powers and duties of the secretaryunder this article, the secretary may adopt rules under IC 4-22-2relating to the exercise of those powers and duties. However, anyrules adopted by the secretary under IC 4-22-2-29 must be approvedby the family and social services committee established byIC 12-8-3-2 before submission to the attorney general underIC 4-22-2-31. However, nothing in this section prevents the secretaryfrom presenting a proposed rule to the family and social servicescommittee established by IC 12-8-3-2 for the committee's review andrecommendations before the adoption of the rule under IC 4-22-2-29and approval of the rule by the committee under this section.As added by P.L.2-1992, SEC.2. Amended by P.L.42-1995, SEC.7.
IC 12-8-1-10
Expiration of chapter
Sec. 10. This chapter expires June 30, 2011.
As added by P.L.2-1992, SEC.2. Amended by P.L.153-1995, SEC.1;P.L.108-1997, SEC.2; P.L.7-2000, SEC.1; P.L.291-2001, SEC.212;P.L.83-2002, SEC.1; P.L.243-2003, SEC.3; P.L.234-2005, SEC.15;P.L.113-2008, SEC.2; P.L.182-2009(ss), SEC.294.
IC 12-8-1-11
Agency administering vocational rehabilitation programs
Sec. 11. The office of the secretary is designated as the sole stateagency responsible for administering programs concerning thevocational rehabilitation of individuals with a disability under 29U.S.C. 701 et seq.
As added by P.L.138-1993, SEC.3. Amended by P.L.99-2007,SEC.55.
IC 12-8-1-12
Additional appropriations
Sec. 12. (a) If:
(1) the sums appropriated by the general assembly in thebiennial budget to the family and social services administrationfor the Medicaid assistance, Medicaid administration, publicassistance (TANF), and the IMPACT (JOBS) work program areinsufficient to enable the office of the secretary to meet itsobligations; and
(2) the failure to appropriate additional funds would:
(A) violate a provision of federal law; or
(B) jeopardize the state's share of federal financialparticipation applicable to the state appropriations containedin the biennial budget for Medicaid assistance, Medicaidadministration, public assistance (TANF), or the IMPACT(JOBS) program;
then there are appropriated further sums as may be necessary toremedy a situation described in this subsection, subject to theapproval of the budget director and the unanimous recommendationof the members of the budget committee. However, before approvinga further appropriation under this subsection, the budget directorshall explain to the budget committee the factors indicating that acondition described in subdivision (2) would be met.
(b) If:
(1) the sums appropriated by the general assembly in thebiennial budget to the family and social services administrationfor Medicaid assistance, Medicaid administration, publicassistance (TANF), and the IMPACT (JOBS) work program areinsufficient to enable the family and social servicesadministration to meet its obligations; and
(2) neither of the conditions in subsection (a)(2) would result
from a failure to appropriate additional funds;
then there are appropriated further sums as may be necessary toremedy a situation described in this subsection, subject to theapproval of the budget director and the unanimous recommendationof the members of the budget committee. However, before approvinga further appropriation under this subsection, the budget directorshall explain to the budget committee the factors indicating that acondition described in subdivision (2) would be met.
(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinicaladvisory panel established under IC 12-15), and except as providedin subsection (d), the office of the secretary may by rule adjustprograms, eligibility standards, and benefit levels to limitexpenditures from Medicaid assistance, Medicaid administration,public assistance (TANF), and the IMPACT (JOBS) work programto levels appropriated by the general assembly in the biennial budget.However, if there are additional appropriations under subsection (a)or (b), the office of the secretary may by rule adjust programs,eligibility standards, and benefit levels to limit expenditures fromMedicaid assistance, Medicaid administration, public assistance(TANF), and the IMPACT (JOBS) program to levels that are furtherappropriated under subsection (a) or (b). The office of the secretarymay adopt emergency rules under IC 4-22-2-37.1 to make anadjustment authorized by this subsection. However, adjustmentsunder this subsection may not:
(1) violate a provision of federal law; or
(2) jeopardize the state's share of federal financial participationapplicable to the state appropriations contained in the biennialbudget for Medicaid assistance, Medicaid administration, publicassistance (TANF), and the IMPACT (JOBS) work program.
(d) Subject to IC 12-15-21-3, any adjustments made undersubsection (c) must:
(1) allow for a licensed provider under IC 12-15 to deliverservices within the scope of the provider's license if the benefitis covered under IC 12-15; and
(2) provide access to services under IC 12-15 from a providerunder IC 12-15-12.
As added by P.L.46-1995, SEC.6. Amended by P.L.161-2007, SEC.5.
IC 12-8-1-13
Programs to relieve dependence on public assistance
Sec. 13. (a) Subject to the appropriation limits established by thestate's biennial budget for the office of the secretary and its divisions,and after assistance, including assistance under TANF (IC 12-14),medical assistance (IC 12-15), and food stamps (7 U.S.C. 2016(i)),is distributed to persons eligible to receive assistance, the secretarymay adopt rules under IC 4-22-2 to offer programs on a pilot orstatewide basis to encourage recipients of assistance under IC 12-14to become self-sufficient and discontinue dependence on publicassistance programs. Programs offered under this subsection may dothe following: (1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will enablerecipients to work by providing child care for other recipients.
(3) Provide case management and supportive services.
(4) Develop a system to provide for public service opportunitiesfor recipients.
(5) Provide plans to implement the personal responsibilityagreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendancerequirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities underIC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal incomepoverty level (as defined in IC 12-15-2-1) before assistanceunder this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient payingfifty percent (50%) of the local market rate as established under45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if therecipient's employer does not offer the recipient health carecoverage.
(b) If the secretary offers a program described in subsection (a),the secretary shall annually report the results and other relevant dataregarding the program to the legislative council in an electronicformat under IC 5-14-6.
As added by P.L.46-1995, SEC.7. Amended by P.L.28-2004, SEC.86;P.L.161-2007, SEC.6.
IC 12-8-1-14
Implementation of methods to facilitate payment of providers
Sec. 14. The office of the secretary shall implement methods tofacilitate the payment of providers under IC 12-15.
As added by P.L.7-2000, SEC.2.
IC 12-8-1-15
Improvement of system through technology and training
Sec. 15. The office of the secretary shall improve its systemthrough the use of technology and training of staff to do thefollowing:
(1) Simplify, streamline, and destigmatize the eligibility andenrollment processes in all health programs serving children.
(2) Ensure an efficient provider payment system.
(3) Improve service to families.
(4) Improve data quality for program assessment andevaluation.
As added by P.L.273-1999, SEC.169.
IC 12-8-1-16
Implementation and administration of health care program touninsured; assistance with nonprofit organization Sec. 16. (a) The office of the secretary shall:
(1) cooperate with; and
(2) assist;
a nonprofit organization with the purpose to implement andadminister a program to provide health care to uninsured Indianaresidents.
(b) The office of the secretary shall assist a nonprofit organizationthat has the purpose described in subsection (a) with the following:
(1) Determining eligibility of potential participants who have anincome of not more than one hundred percent (100%) of thefederal poverty level for a program described in this section.
(2) Issuing a plan card that is valid for one (1) year to anindividual if:
(A) the office of the secretary has determined the individualis eligible for the program; and
(B) the individual has paid the office of the secretary aregistration fee determined by the office.
(3) Operating a toll free telephone number that providesprovider referral services for participants in the program.
(4) Implementing the program described in this section tocombine the resources of the office of the secretary and thenonprofit organization in a manner that would not result in theadditional expenditure of state funds.
As added by P.L.16-2009, SEC.17.