§ 12-8-1.5-11 — Appropriation augmentation

Indiana § 12-8-1.5-11

• Jurisdiction: Indiana
• Art. 8: ADMINISTERING FAMILY AND SOCIAL
• Ch. 1.5: Office of Secretary of Family and Social Services

Text

(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.

Legislative History

As added by P.L.160-2012, SEC.16. Amended by P.L.93-2024, SEC.105.