State Codes and Statutes
Statutes > Indiana > Title16 > Ar28 > Ch12
IC 16-28-12
Chapter 12. Federally Required Enforcement Process
IC 16-28-12-1
Adoption of rules
Sec. 1. The state department shall, as the state agency utilized
under 42 U.S.C. 1395aa(a) and authorized to perform the duties of
the state survey agency under 42 U.S.C. 1396, adopt rules under
IC 4-22-2 to satisfy the requirements of 42 U.S.C. 1396r(h).
As added by P.L.2-1993, SEC.11.
IC 16-28-12-2
1396r(h) fund; investment; use of principal and interest
Sec. 2. (a) The 1396r(h) fund is established to receive money
collected under this chapter. The state department shall administer
the fund.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(c) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(d) The state department shall use the principal and interest in the
fund in accordance with 42 U.S.C. 1396r(h)(2)(A)(ii).
As added by P.L.2-1993, SEC.11.
IC 16-28-12-3
Department actions; procedure
Sec. 3. The procedure governing an action taken by the state
department under this chapter must be in accordance with:
(1) IC 4-21.5-3-6; or
(2) IC 4-21.5-4.
As added by P.L.2-1993, SEC.11.
IC 16-28-12-4
Review; procedure; filing period
Sec. 4. (a) A person adversely affected by action of the state
department under this chapter may request review under
IC 4-21.5-3-7.
(b) The procedure governing appeals under this chapter must be
in accordance with IC 16-28-10.
(c) If a request for a hearing is not filed within the fifteen (15) day
period specified in IC 4-21.5-3-7, the determination of the executive
board is final.
As added by P.L.2-1993, SEC.11.
