§ 12-7-3-5 — Treatment of rules adopted by state department of public welfare concerning room and board assistance

(a) A rule adopted by the state department of
public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the
division of disability and rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of public
welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the state department of public welfare
that has been transferred to the division of disability and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the office
of Medicaid policy and planning established under IC 12-6-6 (before
its repeal) and not the state board of public welfare.

Legislative History

As added by P.L.220-2011, SEC.253. Amended by P.L.168-2018, SEC.6.