CHAPTER 5. DUTIES OF DIVISION
IC 12-9-5
Chapter 5. Duties of Division
IC 12-9-5-1
Administration of appropriated or allocated funds
Sec. 1. The division shall administer money appropriated or
allocated to the division by the state, including money appropriated
or allocated from the following:
(1) The federal Vocational Rehabilitation Act (29 U.S.C. 701).
(2) The federal Social Services Block Grant in-home services
for the elderly and disabled (42 U.S.C. 1397 et seq.).
(3) The federal Randolph Sheppard Act (20 U.S.C. 107 et seq.).
(4) Medicaid waiver in-home services for the elderly and
disabled (42 U.S.C. 1396 et seq.) for treatment of
developmental disabilities.
(5) Office of Disability Determination (42 U.S.C. 1302 and 42
U.S.C. 1383).
(6) Improving Access to Assistive Technology for Individuals
with Disabilities Act (29 U.S.C. 3001 et seq.).
(7) The federal Social Security Act Payments for Vocational
Rehabilitation Services (42 U.S.C. 422).
(8) Part C of the federal Individuals with Disabilities Education
Act, Subchapter III (20 U.S.C. 1431 et seq.).
(9) Money appropriated or allocated to the division to
administer a program under this title.
(10) Other funding sources that are designated by the general
assembly or that are available from the federal government
under grants that are consistent with the duties of the division.
As added by P.L.2-1992, SEC.3. Amended by P.L.93-2006, SEC.9;
P.L.141-2006, SEC.35; P.L.1-2007, SEC.115.
IC 12-9-5-2
Repealed
(Repealed by P.L.138-1993, SEC.4.)
IC 12-9-5-3
General administrative duties
Sec. 3. The division shall administer the following programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-11.
(C) IC 12-12.
(D) IC 12-12.5.
(E) IC 12-12.7.
(2) Programs under the following statutes, to the extent the
division has responsibilities for programs under those statutes:
(A) IC 12-24.
(B) IC 12-26.
(C) IC 12-27.
(D) IC 12-28.
(E) IC 12-29.
(3) Supported employment for a person with developmental
disabilities.
(4) Epilepsy service centers program.
(5) Epilepsy clinic program.
(6) Medicaid waivers for in-home services for treatment of
developmental disabilities.
As added by P.L.2-1992, SEC.3. Amended by P.L.243-2003, SEC.9;
P.L.93-2006, SEC.10; P.L.141-2006, SEC.36; P.L.1-2007, SEC.116.
IC 12-9-5-4
Education resources for children with disabilities; application of
IC 20-35-2
Sec. 4. IC 20-35-2 applies to the operation of each education
program for children with disabilities (as defined in IC 20-35-1-2)
conducted by a state owned and operated developmental center or
furnished under an agreement with the division.
As added by P.L.2-1992, SEC.3. Amended by P.L.23-1993, SEC.42;
P.L.1-2005, SEC.128.
IC 12-9-5-5
Approved services under federal waiver
Sec. 5. (a) Notwithstanding any other law:
(1) home health agencies licensed under IC 16-27-1 are
approved to provide home health services; and
(2) personal services agencies licensed under IC 16-27-4 are
approved to provide personal services;
under any federal waiver granted to the state under 42 U.S.C. 1315
or 42 U.S.C. 1396n.
(b) In determining whether to approve an entity described in
subsection (a) to provide services for a program administered by the
office of the secretary, the office of the secretary may use the survey
performed by the state department of health in licensing the entity.
As added by P.L.212-2005, SEC.2. Amended by P.L.141-2006,
SEC.37.