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 family
and social services committee established by section 2 of this
chapter.
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 or
adopted by any committee, board, or commission authorized by
statute 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 members
appointed by the governor. The voting members shall be the
governing body of the committee for the purposes of IC 5-14-1.5.
The voting members may not be employees of the executive branch
or legislative branch of the state. Not more than five (5) of the
members may be health care providers (as defined in
IC 16-18-2-163). The members must include the following:
(1) Eight (8) individuals who have expertise in one (1) or more
programs administered by the office of the secretary of family
and 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 disproportionate
share 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 Medicaid
advisory committee (IC 12-15-33-2) who shall represent the
interests of health care providers having representation on the
Medicaid advisory committee. However, the member appointed
under this subdivision may not be a licensed physician under
IC 25-22.5 or a representative of a hospital licensed under
IC 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 social
services and representing each of the divisions of family and
social services and the office of Medicaid policy and planning.
(b) The following individuals shall provide advice and counsel to
the 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's
designee.
(5) A medical economist who is knowledgeable about cost
shifting by health care providers who provide health care
services to Medicaid patients and the impact of cost shifting on
the cost of health insurance coverage.
(6) An individual who is knowledgeable about property tax
rates and the impact of state public assistance programs on
property tax rates.
(7) The secretary of family and social services or the secretary's
designee.
(c) The governor shall select a chairperson at the first committee
meeting and any time immediately before the expiration of the
chairperson's term. The committee shall meet at least monthly and at
the call of the chairperson.
(d) In addition to the requirements of IC 5-14-1.5, the office of the
secretary or a division will make a good faith effort to ensure that
members of the committee receive a copy of the agenda at least
forty-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 of
the committee shall be appointed for a term of three (3) years. A
member may be reappointed for additional terms.
(b) Each nonvoting member of the committee shall serve a term
as follows:
(1) If the member is not an employee of the executive branch of
the state, three (3) years.
(2) If the member is an employee of the executive branch of the
state:
(A) three (3) years; or
(B) until the member is no longer an employee of the
executive 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 of
the 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 an
interest:
(1) in a purchase, sale, lease, contract, option, or other
transaction 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 or
unemancipated children may gain a benefit of at least two hundred
fifty dollars ($250). The term includes an interest arising from
employment or prospective employment for which negotiations have
begun. The term does not include the interest of a committee member
in the common stock of a corporation unless the combined holdings
of the member, the member's spouse, and the member's
unemancipated children in the corporation total more than one
percent (1%) of the outstanding shares of the common stock of the
corporation. The term does not include an interest that is not greater
than the interest of the general public.
(b) A committee member may not vote on a rule if the member
has a financial interest in the outcome of the vote.
(c) A committee member who may not vote on a rule under
subsection (b) may still participate in any discussions regarding the
rule.
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 committee
jointly determine that delay in the adoption of a rule under
IC 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 greater
than or equal to two million dollars ($2,000,000) annually; or
(4) result in the forfeiture of federal waivers obtained by the
secretary 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 a
determination under subsection (a), the proposed rule must be
provided to committee members for the committee's review and
recommendations 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 within
sixty (60) days after the date of publication of the rule in the Indiana
Register and may reject or approve the rule.
(d) If the committee approves the proposed rule as described in
subsection (c) and the rule, when adopted under IC 4-22-2-29, is
identical to the proposed rule, except for technical changes, the rule
need not be resubmitted to the committee for approval under this
chapter.
(e) If the committee rejects or fails to approve the proposed rule
as described in subsection (c) or the rule adopted under IC 4-22-2-29
is not identical to the proposed rule, except for technical changes, the
rule must be resubmitted to the committee for approval or rejection
before submission to the attorney general under IC 4-22-2-31. The
committee shall reject or approve the rule within sixty (60) days after
the date of resubmission of the rule to the committee under this
subsection.
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 any
division under IC 4-22-2-29 and submitted to the committee for
approval must be acted upon by the committee in accordance with
subsection (b) or (c) within two hundred sixty-five (265) days after
the date the rule was published as a proposed rule in the Indiana
Register.
(b) At any meeting of the committee, the committee may vote to
place a rule upon a consent calendar. At least two-thirds (2/3) vote
of the members present at a meeting is required to place a rule upon
a consent calendar. Rules placed upon a consent calendar are deemed
to be approved by the committee.
(c) If the committee does not vote to place a rule on a consent
calendar, the committee may:
(1) approve the rule;
(2) reject the rule; or
(3) return the rule to the secretary or a director without
disapproving the rule.
(d) If the committee returns a rule under subsection (c)(3), the
secretary or a director may revise the rule and resubmit the rule to the
committee for consideration under this chapter. Subject to the
requirements of IC 4-22, a rule revised under this subsection need not
be 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 4-22-2-29
by the office of the secretary or by a division, the entity shall publish
a notice that the rule has been adopted as a final rule in the next
available issue of the Indiana Register.
(b) Copies of a rule adopted under IC 4-22-2-29 must be available
at the following locations:
(1) The office of the secretary or the office of the director of the
division that adopts the rule.
(2) The office of the general counsel of the family and social
services 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 following
matters:
(1) Policy.
(2) Comprehensive planning.
(3) Coordination of:
(A) family and social services programs; and
(B) family and social services programs with related
programs 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 of
communication; contents of memoranda
Sec. 7. (a) This section applies to a meeting of the committee at
which at least five (5) voting members of the committee are
physically present at the place where the meeting is conducted.
(b) A member of the committee may participate in a meeting of
the 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 place
where 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 5-14-1.5-4
must state the name of each member who:
(1) was physically present at the place where the meeting was
conducted;
(2) participated in the meeting by using a means of
communication described in subsection (b); and
(3) was absent.
(e) A meeting conducted under this section does not violate
IC 5-14-1.5.
As added by P.L.243-2003, SEC.5.