Ind. Code ch. 12-8-1.5

Ind. Code ch. 12-8-1.5
in effect

Ind. Code § 12-8-1.5-0.3 Legalization of certain actions

Sec. 0.3. (a) Actions taken under IC 12-8-1 (expired), after December 31, 2007, and before March 24, 2008, are legalized and validated to the extent that those actions would have been legal and valid if P.L.113-2008 had been enacted before January 1, 2008. (b) Actions taken under IC 12-8-1 (expired) after June 30, 2011, are legalized and validated to the extent that those actions would have been legal and valid if IC 12-8-1 had not expired on June 30, 2011. As added by P.L.160-2012, SEC.16.

Ind. Code § 12-8-1.5-1 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-2 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-3 General responsibilities

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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-4 Hiring of personnel; appointing authority; delegation

Sec. 4. (a) The secretary may hire personnel necessary to perform the duties of each office. (b) Except as provided in subsection (c), the secretary is the appointing authority for the office of family and social services, including the divisions, offices, and institutions of the office of family and social services. (c) The secretary may delegate the appointing authority for a division, office, institution, or other group of employees subject to IC 4-15-2.2. (d) The delegation of the appointing authority under subsection (c) may affect the procedure and the division, office, institution, or other group of employees affected by actions under IC 4-15-2.2-40. As added by P.L.160-2012, SEC.16. Amended by P.L.35-2016, SEC.8.

Ind. Code § 12-8-1.5-5 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-6 Cooperation between office and Indiana department of health

Sec. 6. (a) The secretary and the commissioner of the Indiana department of health shall cooperate to coordinate family and social services programs with related programs administered by the Indiana department of health. (b) The secretary, in cooperation with the commissioner of the Indiana department of health, is accountable for the following: (1) Resolving administrative, jurisdictional, or policy conflicts between a division and the Indiana 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 Indiana department of health. (4) Coordinating activities concerning long term care between the division of disability, aging, and rehabilitative services and the Indiana department of health. (5) Developing and implementing a statewide family, health, and social services plan that includes a set of goals and priorities. (c) The office shall cooperate with the Indiana department of health in providing the information required for the commissioner of the Indiana department of health or the commissioner's designee to complete the: (1) state comprehensive care bed need rate calculation under IC 16-29-7-8; and (2) county comprehensive care bed need calculation under IC 16-29-7-9. As added by P.L.160-2012, SEC.16. Amended by P.L.202-2018, SEC.1; P.L.56-2023, SEC.84; P.L.122-2026, SEC.29.

Ind. Code § 12-8-1.5-6.1 Provision of address information to department of child services

Sec. 6.1. (a) Subject to an approved state plan amendment or waiver under subsection (b), the office of the secretary shall, immediately upon request by the department of child services, provide to the department of child services address information that is maintained by the office of the secretary and that is necessary for the department of child services to: (1) respond to a report of suspected child abuse or neglect under IC 31-33; or (2) take action concerning a child with regard to whom exigent circumstances (as defined in IC 31-9-2.1-92) exist. (b) The office of the secretary shall apply for any state plan amendment or waiver necessary to implement this section. As added by P.L.179-2025, SEC.1. Amended by P.L.145-2026, SEC.64.

Ind. Code § 12-8-1.5-7 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 before July 1, 2015, or the secretary after June 30, 2015. (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. (10) Perform other functions permissible under this title. As added by P.L.160-2012, SEC.16. Amended by P.L.39-2015, SEC.1.

Ind. Code § 12-8-1.5-7.5 Waiver; enhanced federal matching funds; report

Sec. 7.5. (a) Notwithstanding any other law, the secretary, through the offices, may issue a waiver, in writing, of provisions of this title and rules adopted under IC 4-22-2 concerning provisions of this title if the secretary determines that the waiver is necessary to claim any enhanced federal matching funds available from: (1) the federal Families First Coronavirus Response Act; (2) the federal American Rescue Plan Act of 2021; or (3) any other federal law, regulation, guidance, or policy pertaining to COVID-19 (as defined in IC 16-39-11-1) relief; for the Medicaid program or programs funded through Medicaid. (b) Not later than March 1, 2022, and every six (6) months thereafter, the secretary shall prepare and submit a report to the budget committee concerning any waiver issued under subsection (a). (c) Nothing in this section may be construed to obligate the secretary to issue a waiver under this section. (d) This section expires on the day after the date that the funds described in subsection (a)(1) through (a)(3) are no longer available to the state. As added by P.L.1-2022, SEC.1.

Ind. Code § 12-8-1.5-8 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-9 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. As added by P.L.160-2012, SEC.16. Amended by P.L.13-2013, SEC.44.

Ind. Code § 12-8-1.5-9.5 Rules; expiration; effect of policies set forth in rules

Sec. 9.5. (a) This subsection applies to an emergency rule adopted under section 9(b) of this chapter (before section 9(b) of this chapter expired on December 31, 2012). An emergency rule adopted under section 9(b) of this chapter expires December 31, 2013, regardless of any expiration date set forth in the rule. (b) This subsection applies to a rule added or amended in LSA Document #10-792 or LSA Document #10-793 in 2011. The policies set forth in the following remain in effect through December 31, 2013, regardless of the effective date set forth in the rule: (1) 405 IAC 1-11.5-2(g). (2) 405 IAC 5-30-1.5(c). (c) This subsection applies to an emergency rule adopted under IC 12-8-1-9(b) (before IC 12-8-1-9(b) expired on June 30, 2011). An emergency rule adopted under IC 12-8-1-9(b) expires December 31, 2013, regardless of any expiration date set forth in the rule. As added by P.L.205-2013, SEC.180.

Ind. Code § 12-8-1.5-10 Agency administering vocational rehabilitation programs; federal programs

Sec. 10. 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-10.5 Single state agency designation; Medicaid policy

Sec. 10.5. (a) The office of the secretary is designated as the single state agency for administration of the state Medicaid program under IC 12-15. (b) The office of the secretary shall develop and coordinate Medicaid policy for the state. As added by P.L.109-2014, SEC.15.

Ind. Code § 12-8-1.5-11 Appropriation augmentation

Sec. 11. (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) work 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. The office of the secretary may adopt rules under IC 4-22-2 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.160-2012, SEC.16. Amended by P.L.93-2024, SEC.105.

Ind. Code § 12-8-1.5-12 Programs to review dependence on public assistance

Sec. 12. 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. As added by P.L.160-2012, SEC.16. Amended by P.L.130-2018, SEC.43.

Ind. Code § 12-8-1.5-13 Implementation of methods to facilitate payment of providers

Sec. 13. The office of the secretary shall implement methods to facilitate the payment of providers under IC 12-15. As added by P.L.160-2012, SEC.16.

Ind. Code § 12-8-1.5-14 Improvement of system through technology and training

Sec. 14. 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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-15 Implementation and administration of health care programs to uninsured; assistance with nonprofit organization

Sec. 15. (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.160-2012, SEC.16.

Ind. Code § 12-8-1.5-16 Operation of bureau to adjudicate claims

Sec. 16. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that adjudicates claims for Social Security Disability Insurance and Supplemental Security Income. As added by P.L.210-2015, SEC.11.

Ind. Code § 12-8-1.5-17 Operation of bureau that enters into interim assistance agreement

Sec. 17. The office of the secretary may, through agreement with the federal government, operate a disability determination bureau that enters into an interim assistance agreement with the Social Security Administration under 42 U.S.C. 1302 and 42 U.S.C. 1383. As added by P.L.210-2015, SEC.12.

Ind. Code § 12-8-1.5-18 Report concerning investigations of endangered adults; budget committee consideration of report

Sec. 18. (a) Before December 1, 2016, the office of the secretary of family and social services, in cooperation with the Indiana prosecuting attorneys council, shall do the following: (1) Prepare and submit a report as described in subsection (b) to the legislative council in an electronic format under IC 5-14-6. (2) Present the report required under this section to the budget committee. (b) The report must include: (1) an estimation of the appropriate staffing levels necessary for the office of the secretary of family and social services and prosecuting attorney offices to efficiently and effectively manage the investigations of reports of matters related to the abuse, neglect, or exploitation of endangered adults; (2) identification of: (A) the circumstances that should result in emergency placement in the case of an adult protective services investigation; (B) the appropriate types of emergency placements based on those circumstances; and (C) strategies for improving emergency placement capabilities; (3) consideration of the benefits and cost of establishing a centralized intake system for reports of matters related to the abuse, neglect, or exploitation of endangered adults; (4) a statement of consistent standards of care for endangered adults; (5) a determination of the appropriate levels of training for employees of: (A) the office of the secretary of family and social services; and (B) a prosecuting attorney office; who are involved in providing adult protective services; (6) a draft of a cooperative agreement between the office of the secretary of family and social services and the Indiana prosecuting attorneys council that sets forth the duties and responsibilities of the agencies and prosecuting attorney offices with regard to adult protective services; and (7) performance goals and accountability metrics for adult protective services to be incorporated in contracts and grant agreements. (c) The budget committee shall consider the report submitted under this section in formulating the committee's budget recommendations. As added by P.L.34-2016, SEC.2. Amended by P.L.148-2024, SEC.8.

Ind. Code § 12-8-1.5-18.5 Report concerning area agency on aging planning and service areas

Sec. 18.5. (a) As used in this section, "advisory council" refers to the division of disability and rehabilitative services advisory council established under IC 12-9-4. (b) As used in this section, "board" refers to the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1. (c) As used in this section, "commission" refers to the Indiana state commission on aging established by IC 12-10-2-2. (d) The office of the secretary may, in collaboration with the Indiana Association of Area Agencies on Aging, study and prepare a report containing recommendations for realigning and consolidating the area agency on aging planning and service areas. (e) If the office of the secretary elects to study and prepare the report described in subsection (d), the office of the secretary shall do the following: (1) Provide notice of the election to the legislative council in an electronic format under IC 5-14-6. (2) In studying and preparing the report, consult with the: (A) advisory council; (B) board; and (C) commission; at the regularly scheduled public meetings of the advisory council, board, and commission to receive input and feedback concerning the recommendations described in subsection (d). (3) Not later than two (2) years after the date on which the office of the secretary provides notice under subdivision (1), submit the report to the legislative council in an electronic format under IC 5-14-6. As added by P.L.167-2025, SEC.1.

Ind. Code § 12-8-1.5-19 Administration of 211 services

Sec. 19. The office of the secretary has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of IC 12-13-16 (concerning the administration of the 211 dialing code used to provide access to human services information and referrals), including the power to make and publish rules, in the manner set forth in IC 12-13-16-13. As added by P.L.73-2020, SEC.6.

Ind. Code § 12-8-1.5-20 Child care subsidy information dashboard

Sec. 20. Not later than September 30, 2024, the office of the secretary shall publish on the website of the office of the secretary a dashboard providing monthly information regarding state and federal child care subsidies available to Indiana residents, including the following information: (1) The number of child care subsidies available. (2) The average copayment required under each available subsidy. (3) The number of children on a wait list for each available subsidy. (4) Other key indicators, as determined by the office of the secretary, of the effectiveness of the available child care subsidies in each Indiana county. As added by P.L.92-2024, SEC.6.

Ind. Code § 12-8-1.5-21 Report to legislative council; noncitizens

Sec. 21. (a) Not later than October 31 of each year, the office of the secretary shall submit a report to the legislative council, in an electronic format under IC 5-14-6, that provides for the previous fiscal year: (1) the number of individuals in Indiana who: (A) are not citizens of the United States; and (B) are enrolled in or receiving benefits under: (i) IC 12-10-6; (ii) IC 12-13; (iii) IC 12-14; (iv) IC 12-15; or (v) IC 12-19; and (2) the total dollar amount spent by the state of Indiana in the previous fiscal year for the individuals identified in subdivision (1). (b) The data described in subsection (a) does not include individually identifiable health information as defined in 42 U.S.C. 1320d(6). As added by P.L.106-2026, SEC.14.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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