§ 12-8-1.6-4 — Powers and duties of the office of the secretary

Indiana § 12-8-1.6-4

• Jurisdiction: Indiana
• Art. 8: ADMINISTERING FAMILY AND SOCIAL
• Ch. 1.6: Medicaid Home and Community Based Services

Text

(a) The office of the secretary has all powers
necessary and convenient to administer a home and community based
services waiver.
(b) The office of the secretary shall do the following:
(1) Administer money appropriated or allocated to the office of
the secretary by the state, including money appropriated or
allocated for a home and community based services waiver.
(2) Take any action necessary to implement a home and
community based services waiver, including applying to the
United States Department of Health and Human Services for
approval to amend or renew the waiver, implement a new
Medicaid waiver, or amend the Medicaid state plan.
(3) Ensure that a home and community based services waiver is
subject to funding available to the office of the secretary.
(4) Ensure, in coordination with the budget agency, that the cost
of a home and community based services waiver does not exceed
the total amount of funding available by the budget agency,
including state and federal funds, for the Medicaid programs
established to provide services under a home and community
based services waiver.
(5) Establish and administer a program for a home and
community based services waiver to provide an eligible
individual with care that does not cost more than services
provided to a similarly situated individual residing in an
institution.
(6) Within the limits of available resources, provide service
coordination services to individuals receiving services under a
home and community based services waiver, including the
development of an individual service plan that:
(A) addresses an individual's needs;
(B) identifies and considers family and community resources
that are potentially available to meet the individual's needs; and
(C) is consistent with the person centered care approach for
receiving services under a waiver.
(7) Monitor services provided by a provider that:
(A) provides services to an individual using funds provided by
the office of the secretary or under the authority of the office of
the secretary; or
(B) entered into one (1) or more provider agreements to provide
services under a home and community based services waiver.
(8) Establish and administer a confidential complaint process for:
(A) an individual receiving; or
(B) a provider described in subdivision (7) providing;
services under a home and community based services waiver.
(c) The office of the secretary may do the following:
(1) At the office's discretion, delegate any of its authority under
this chapter to any division or office within the office of the
secretary.
(2) Issue administrative orders under IC 4-21.5-3-6 regarding the
provision of a home and community based services waiver.

Legislative History

As added by P.L.174-2025, SEC.14.