CHAPTER 1. OFFICE OF SECRETARY OF FAMILY AND SOCIAL SERVICES
IC 12-8
ARTICLE 8. ADMINISTERING FAMILY AND
SOCIAL 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 services
is 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 and
social services to coordinate family and social service programs
among 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 the
office of the secretary.
(b) Subject to this article, the secretary may organize an office to
perform 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 than
employees holding confidential or policy making positions are
covered 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 for
coordinating the provision of technical assistance to each division for
the following:
(1) Compiling program budgets for each division.
(2) Fiscal performance of each division.
(3) Management and administrative performance of each
division.
(4) Program performance of each division.
(b) The secretary, through the offices, is accountable for the
following:
(1) Resolution of administrative, jurisdictional, or policy
conflicts among the divisions.
(2) The coordination of the activities of each division with other
entities, including the general assembly and other state
agencies.
(3) Coordination of communication with the federal government
and the governments of other states.
(4) Development and ongoing monitoring of a centralized
management information system and a centralized training
system for orientation and cross-training.
(5) The overall policy development and management of the
state Medicaid plan under IC 12-15.
(6) Liaison activities with other governmental entities and
private 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 state
department of health shall cooperate to coordinate family and social
services programs with related programs administered by the state
department of health.
(b) The secretary, in cooperation with the commissioner of the
state department of health, is accountable for the following:
(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the state department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the division
of family resources and the maternal and child health programs
of the state department of health.
(4) Coordinating activities concerning long term care between
the division of disability and rehabilitative services and the state
department of health.
(5) Developing and implementing a statewide family, health,
and social services plan that includes a set of goals and
priorities.
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 the
secretary and the offices.
(2) Utilize, with the consent of the other state agencies, the
services and facilities of other state agencies without
reimbursement.
(3) Accept in the name of the state, for use in carrying out the
purposes of this article, any money or other property received
as a gift, by bequest, or otherwise.
(4) Accept voluntary and uncompensated services.
(5) Expend money made available according to policies
enforced by the budget agency.
(6) Establish and implement the policies and procedures
necessary to implement this article.
(7) Advise the governor concerning rules adopted by a division.
(8) Create advisory bodies to advise the secretary about any
matter 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 Social
Security Administration and with any other agency of the federal
government in any reasonable manner that may be necessary to
qualify for federal aid for assistance to persons who are entitled to
assistance 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 information
required by the federal Social Security Administration Board or
any other agency of the federal government.
(2) Comply with the requirements that the federal Social
Security Administration Board or other agency of the federal
government finds necessary to assure the correctness and
verification of reports.
(c) The secretary shall act as the agent to the federal government
in the following:
(1) Welfare matters of mutual concern.
(2) The administration of federal money granted to Indiana to
aid 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 secretary
under this article, the secretary may adopt rules under IC 4-22-2
relating to the exercise of those powers and duties. However, any
rules adopted by the secretary under IC 4-22-2-29 must be approved
by the family and social services committee established by
IC 12-8-3-2 before submission to the attorney general under
IC 4-22-2-31. However, nothing in this section prevents the secretary
from presenting a proposed rule to the family and social services
committee established by IC 12-8-3-2 for the committee's review and
recommendations before the adoption of the rule under IC 4-22-2-29
and 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 state
agency responsible for administering programs concerning the
vocational rehabilitation of individuals with a disability under 29
U.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 the
biennial budget to the family and social services administration
for the Medicaid assistance, Medicaid administration, public
assistance (TANF), and the IMPACT (JOBS) work program are
insufficient to enable the office of the secretary to meet its
obligations; 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 financial
participation applicable to the state appropriations contained
in the biennial budget for Medicaid assistance, Medicaid
administration, public assistance (TANF), or the IMPACT
(JOBS) program;
then there are appropriated further sums as may be necessary to
remedy a situation described in this subsection, subject to the
approval of the budget director and the unanimous recommendation
of the members of the budget committee. However, before approving
a further appropriation under this subsection, the budget director
shall explain to the budget committee the factors indicating that a
condition described in subdivision (2) would be met.
(b) If:
(1) the sums appropriated by the general assembly in the
biennial budget to the family and social services administration
for Medicaid assistance, Medicaid administration, public
assistance (TANF), and the IMPACT (JOBS) work program are
insufficient to enable the family and social services
administration 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 to
remedy a situation described in this subsection, subject to the
approval of the budget director and the unanimous recommendation
of the members of the budget committee. However, before approving
a further appropriation under this subsection, the budget director
shall explain to the budget committee the factors indicating that a
condition described in subdivision (2) would be met.
(c) Notwithstanding IC 12-14 and IC 12-15 (except for a clinical
advisory panel established under IC 12-15), and except as provided
in subsection (d), the office of the secretary may by rule adjust
programs, eligibility standards, and benefit levels to limit
expenditures from Medicaid assistance, Medicaid administration,
public assistance (TANF), and the IMPACT (JOBS) work program
to 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 from
Medicaid assistance, Medicaid administration, public assistance
(TANF), and the IMPACT (JOBS) program to levels that are further
appropriated under subsection (a) or (b). The office of the secretary
may adopt emergency rules under IC 4-22-2-37.1 to make an
adjustment authorized by this subsection. However, adjustments
under this subsection may not:
(1) violate a provision of federal law; or
(2) jeopardize the state's share of federal financial participation
applicable to the state appropriations contained in the biennial
budget for Medicaid assistance, Medicaid administration, public
assistance (TANF), and the IMPACT (JOBS) work program.
(d) Subject to IC 12-15-21-3, any adjustments made under
subsection (c) must:
(1) allow for a licensed provider under IC 12-15 to deliver
services within the scope of the provider's license if the benefit
is covered under IC 12-15; and
(2) provide access to services under IC 12-15 from a provider
under 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 the
state'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 secretary
may adopt rules under IC 4-22-2 to offer programs on a pilot or
statewide basis to encourage recipients of assistance under IC 12-14
to become self-sufficient and discontinue dependence on public
assistance programs. Programs offered under this subsection may do
the following:
(1) Develop welfare-to-work programs.
(2) Develop home child care training programs that will enable
recipients 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 opportunities
for recipients.
(5) Provide plans to implement the personal responsibility
agreement under IC 12-14-2-21.
(6) Develop programs to implement the school attendance
requirement under IC 12-14-2-17.
(7) Provide funds for county planning council activities under
IC 12-14-22-13 (repealed).
(8) Provide that a recipient may earn up to the federal income
poverty level (as defined in IC 12-15-2-1) before assistance
under this title is reduced or eliminated.
(9) Provide for child care assistance, with the recipient paying
fifty percent (50%) of the local market rate as established under
45 CFR 256 for child care.
(10) Provide for medical care assistance under IC 12-15, if the
recipient's employer does not offer the recipient health care
coverage.
(b) If the secretary offers a program described in subsection (a),
the secretary shall annually report the results and other relevant data
regarding the program to the legislative council in an electronic
format 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 to
facilitate 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 system
through the use of technology and training of staff to do the
following:
(1) Simplify, streamline, and destigmatize the eligibility and
enrollment 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 and
evaluation.
As added by P.L.273-1999, SEC.169.
IC 12-8-1-16
Implementation and administration of health care program to
uninsured; 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 and
administer a program to provide health care to uninsured Indiana
residents.
(b) The office of the secretary shall assist a nonprofit organization
that has the purpose described in subsection (a) with the following:
(1) Determining eligibility of potential participants who have an
income of not more than one hundred percent (100%) of the
federal poverty level for a program described in this section.
(2) Issuing a plan card that is valid for one (1) year to an
individual if:
(A) the office of the secretary has determined the individual
is eligible for the program; and
(B) the individual has paid the office of the secretary a
registration fee determined by the office.
(3) Operating a toll free telephone number that provides
provider referral services for participants in the program.
(4) Implementing the program described in this section to
combine the resources of the office of the secretary and the
nonprofit organization in a manner that would not result in the
additional expenditure of state funds.
As added by P.L.16-2009, SEC.17.