CHAPTER 3. FAMILY AND SOCIAL SERVICES ADVISORY COMMISSION
IC 12-8-3
Chapter 3. Family and Social Services Advisory Commission
IC 12-8-3-1
"Committee" defined
Sec. 1. As used in this chapter, "committee" refers to the familyand social services committee established by section 2 of thischapter.
As added by P.L.2-1992, SEC.2. Amended by P.L.42-1995, SEC.10.
IC 12-8-3-2
Establishment
Sec. 2. The family and social services committee is established.
As added by P.L.2-1992, SEC.2. Amended by P.L.42-1995, SEC.11.
IC 12-8-3-2.5
Applicability of chapter
Sec. 2.5. This chapter does not apply to a rule that is approved oradopted by any committee, board, or commission authorized bystatute to approve or adopt rules.
As added by P.L.42-1995, SEC.12.
IC 12-8-3-3
Membership; chairperson; agenda
Sec. 3. (a) The committee consists of fifteen (15) voting membersappointed by the governor. The voting members shall be thegoverning body of the committee for the purposes of IC 5-14-1.5.The voting members may not be employees of the executive branchor legislative branch of the state. Not more than five (5) of themembers may be health care providers (as defined inIC 16-18-2-163). The members must include the following:
(1) Eight (8) individuals who have expertise in one (1) or moreprograms administered by the office of the secretary of familyand social services.
(2) One (1) physician licensed under IC 25-22.5.
(3) One (1):
(A) member of the board of directors;
(B) administrator; or
(C) officer;
of a hospital licensed under IC 16-21 that is a disproportionateshare provider under IC 12-15-16-1(a) or IC 12-15-16-1(b).
(4) One (1) individual who serves as a provider on the Medicaidadvisory committee (IC 12-15-33-2) who shall represent theinterests of health care providers having representation on theMedicaid advisory committee. However, the member appointedunder this subdivision may not be a licensed physician underIC 25-22.5 or a representative of a hospital licensed underIC 16-21.
(5) Four (4) individuals who:
(A) are consumers of services; or (B) advocate on behalf of consumers of services;
administered by the office of the secretary of family and socialservices and representing each of the divisions of family andsocial services and the office of Medicaid policy and planning.
(b) The following individuals shall provide advice and counsel tothe committee and serve as ex officio nonvoting members:
(1) The director of the budget agency.
(2) The superintendent of public instruction.
(3) The commissioner of the department of correction.
(4) The state health commissioner or the commissioner'sdesignee.
(5) A medical economist who is knowledgeable about costshifting by health care providers who provide health careservices to Medicaid patients and the impact of cost shifting onthe cost of health insurance coverage.
(6) An individual who is knowledgeable about property taxrates and the impact of state public assistance programs onproperty tax rates.
(7) The secretary of family and social services or the secretary'sdesignee.
(c) The governor shall select a chairperson at the first committeemeeting and any time immediately before the expiration of thechairperson's term. The committee shall meet at least monthly and atthe call of the chairperson.
(d) In addition to the requirements of IC 5-14-1.5, the office of thesecretary or a division will make a good faith effort to ensure thatmembers of the committee receive a copy of the agenda at leastforty-eight (48) hours before any meeting.
As added by P.L.2-1992, SEC.2. Amended by P.L.4-1993, SEC.28;P.L.5-1993, SEC.41; P.L.42-1995, SEC.13.
IC 12-8-3-4
Member terms
Sec. 4. (a) Notwithstanding IC 12-8-2-4, each voting member ofthe committee shall be appointed for a term of three (3) years. Amember may be reappointed for additional terms.
(b) Each nonvoting member of the committee shall serve a termas follows:
(1) If the member is not an employee of the executive branch ofthe state, three (3) years.
(2) If the member is an employee of the executive branch of thestate:
(A) three (3) years; or
(B) until the member is no longer an employee of theexecutive branch of the state;
whichever occurs first.
(c) Each member shall serve until a successor is appointed.
(d) The chairperson of the committee must be a voting member ofthe committee. The term of the chairperson is three (3) years.
As added by P.L.2-1992, SEC.2. Amended by P.L.42-1995, SEC.14.
IC 12-8-3-4.1
Members with financial interest
Sec. 4.1. (a) As used in this section, "financial interest" means aninterest:
(1) in a purchase, sale, lease, contract, option, or othertransaction between:
(A) the office of the secretary;
(B) the divisions; or
(C) the office;
and any person; or
(2) involving property or services;
in which a committee member or a committee member's spouse orunemancipated children may gain a benefit of at least two hundredfifty dollars ($250). The term includes an interest arising fromemployment or prospective employment for which negotiations havebegun. The term does not include the interest of a committee memberin the common stock of a corporation unless the combined holdingsof the member, the member's spouse, and the member'sunemancipated children in the corporation total more than onepercent (1%) of the outstanding shares of the common stock of thecorporation. The term does not include an interest that is not greaterthan the interest of the general public.
(b) A committee member may not vote on a rule if the memberhas a financial interest in the outcome of the vote.
(c) A committee member who may not vote on a rule undersubsection (b) may still participate in any discussions regarding therule.
As added by P.L.42-1995, SEC.15.
IC 12-8-3-4.2
Rules; adoption; committee review; approval; rejection
Sec. 4.2. (a) If the secretary and the chairperson of the committeejointly determine that delay in the adoption of a rule underIC 4-22-2-29 will:
(1) have an immediate and direct impact on the health, welfare,or safety of persons;
(2) result in a violation of federal or state law;
(3) have a substantial fiscal impact upon the state that is greaterthan or equal to two million dollars ($2,000,000) annually; or
(4) result in the forfeiture of federal waivers obtained by thesecretary or any division;
adoption of the rule may proceed in accordance with subsections (b)through (e).
(b) If the secretary and the chairperson of the committee make adetermination under subsection (a), the proposed rule must beprovided to committee members for the committee's review andrecommendations within five (5) days after:
(1) the rule is published in the Indiana Register; or
(2) the determination is made under subsection (a);
whichever occurs first. (c) The committee may meet to consider the proposed rule withinsixty (60) days after the date of publication of the rule in the IndianaRegister and may reject or approve the rule.
(d) If the committee approves the proposed rule as described insubsection (c) and the rule, when adopted under IC 4-22-2-29, isidentical to the proposed rule, except for technical changes, the ruleneed not be resubmitted to the committee for approval under thischapter.
(e) If the committee rejects or fails to approve the proposed ruleas described in subsection (c) or the rule adopted under IC 4-22-2-29is not identical to the proposed rule, except for technical changes, therule must be resubmitted to the committee for approval or rejectionbefore submission to the attorney general under IC 4-22-2-31. Thecommittee shall reject or approve the rule within sixty (60) days afterthe date of resubmission of the rule to the committee under thissubsection.
As added by P.L.42-1995, SEC.16.
IC 12-8-3-4.3
Rules; time of action; placement on calendar; revisions
Sec. 4.3. (a) A rule that has been adopted by the secretary or anydivision under IC 4-22-2-29 and submitted to the committee forapproval must be acted upon by the committee in accordance withsubsection (b) or (c) within two hundred sixty-five (265) days afterthe date the rule was published as a proposed rule in the IndianaRegister.
(b) At any meeting of the committee, the committee may vote toplace a rule upon a consent calendar. At least two-thirds (2/3) voteof the members present at a meeting is required to place a rule upona consent calendar. Rules placed upon a consent calendar are deemedto be approved by the committee.
(c) If the committee does not vote to place a rule on a consentcalendar, the committee may:
(1) approve the rule;
(2) reject the rule; or
(3) return the rule to the secretary or a director withoutdisapproving the rule.
(d) If the committee returns a rule under subsection (c)(3), thesecretary or a director may revise the rule and resubmit the rule to thecommittee for consideration under this chapter. Subject to therequirements of IC 4-22, a rule revised under this subsection need notbe republished in the Indiana Register.
As added by P.L.42-1995, SEC.17.
IC 12-8-3-4.4
Rules; notice of adoption; copies
Sec. 4.4. (a) When a proposed rule is adopted under IC 4-22-2-29by the office of the secretary or by a division, the entity shall publisha notice that the rule has been adopted as a final rule in the nextavailable issue of the Indiana Register. (b) Copies of a rule adopted under IC 4-22-2-29 must be availableat the following locations:
(1) The office of the secretary or the office of the director of thedivision that adopts the rule.
(2) The office of the general counsel of the family and socialservices agency.
(3) The legislative information center.
As added by P.L.42-1995, SEC.18.
IC 12-8-3-5
Functions
Sec. 5. The committee may advise the secretary on the followingmatters:
(1) Policy.
(2) Comprehensive planning.
(3) Coordination of:
(A) family and social services programs; and
(B) family and social services programs with relatedprograms administered by the state department of health.
As added by P.L.2-1992, SEC.2. Amended by P.L.42-1995, SEC.19.
IC 12-8-3-6
Repealed
(Repealed by P.L.42-1995, SEC.26.)
IC 12-8-3-7
Committee members participating in meeting through means ofcommunication; contents of memoranda
Sec. 7. (a) This section applies to a meeting of the committee atwhich at least five (5) voting members of the committee arephysically present at the place where the meeting is conducted.
(b) A member of the committee may participate in a meeting ofthe committee by using a means of communication that permits:
(1) all other members participating in the meeting; and
(2) all members of the public physically present at the placewhere the meeting is conducted;
to communicate simultaneously with each other during the meeting.
(c) A member who participates in a meeting under subsection (b)is considered to be present at the meeting.
(d) The memoranda of the meeting prepared under IC 5-14-1.5-4must state the name of each member who:
(1) was physically present at the place where the meeting wasconducted;
(2) participated in the meeting by using a means ofcommunication described in subsection (b); and
(3) was absent.
(e) A meeting conducted under this section does not violateIC 5-14-1.5.
As added by P.L.243-2003, SEC.5.