§ 12-7-3-6 — Treatment of rules adopted by state department of public welfare concerning Medicaid

Indiana § 12-7-3-6

• Jurisdiction: Indiana
• Art. 7: GENERAL PROVISIONS AND DEFINITIONS
• Ch. 3: Effect of Previously Adopted Rules

Text

(a) A rule adopted by the state department of
public welfare concerning the state medical assistance plan (Medicaid)
under IC 12-1-7 (before its repeal) before January 1, 1992, is valid and
effective until the secretary appointed under IC 12-6-2-2 (before its
repeal) 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(1) has not been superseded or repealed as provided in subsection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 secretary appointed under IC 12-6-2-2 (before its repeal) 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 department of public welfare.

Legislative History

As added by P.L.220-2011, SEC.253.