§ 12-9-4-8 — Special service review team; duties; powers; membership; per diem and expenses; immunity

Indiana § 12-9-4-8

• Jurisdiction: Indiana
• Art. 9: DIVISION OF DISABILITY AND
• Ch. 4: Division Advisory Council

Text

(a) As used in this section, "review team" refers
to the special service review team established by subsection (c).
(b) As used in this section, "waiver" refers to the community
integration and habilitation waiver.
(c) The special service review team is established.
(d) The review team shall do the following:
(1) Subject to subsection (l)(2), review denied applications from
the director for the waivers that were received after December 1,
2024, and before June 30, 2025, from Districts 1, 4, and 8 of the
bureau of disabilities services districts, including a review of the
waiver application and any other information submitted
concerning the application.
(2) Subject to subsection (l)(2), review, at the director's discretion,
waiver applications received after December 1, 2024, and before
June 30, 2025, for which a determination has not been made by
the director. The review team shall review the waiver application
and information submitted concerning the application.
(3) Maintain confidentiality of any protected health information
and personally identifiable information collected during the
review.
(4) Provide the following to the director:
(A) Concerning the review team's review of applications under
subdivision (1), an evaluation of information that can be
applied to the waiver at the systems level, including the criteria
that can be used to approve and deny waiver applications.
(B) Concerning the review team's review of applications under
subdivision (2), and not later than thirty (30) days from the
review team's receipt of the application from the director,
additional information submitted concerning an application.
(5) Issue a quarterly report to the council.
(e) The review team may, with consent of the applicant or
applicant's legal guardian, collect additional information related to an
application that was not submitted with the application. The collection
of information under this subsection:
(1) may be used by the review team to provide information,
referral, and resources to applicants concerning available services
and supports;
(2) does not create a responsibility on the bureau to reconsider an
application determination; and
(3) does not constitute a request to appeal an application
determination.
(f) The director shall appoint the members of the review team and
fill any vacancies on the review team. The review team must consist of
the following five (5) members who are knowledgeable in the waiver
requirements:
(1) A representative from The Arc of Indiana.
(2) A representative from a case management company that is
approved by the bureau of disabilities services to provide waiver
services.
(3) An individual who works as a behavior consultant that is
approved by the bureau of disabilities services to provide waiver
services.
(4) Two (2) individuals appointed by the director.
However, not more than one (1) member may be a state employee.
(g) The director shall appoint a member of the review team to serve
as the chairperson.
(h) The director shall:
(1) notify the chairperson; and
(2) provide the waiver application and accompanying information
submitted with the application to the review team to begin to
review of the application;
not later than five (5) business days after a waiver application has been
denied. The director shall also notify the chairperson if the director
would like additional consultation on an application described in
subsection (d)(2).
(i) As used in this subsection, a "conflict of interest" has the
meaning set forth in 460 IAC 6-3-15.2 and includes a direct or indirect
financial interest with the applicant or a prior or current relationship
with the applicant. If a member appointed to the review team under
subsection (f)(1) through (f)(3) has a conflict of interest with the
applicant of a waiver application under review by the review team, the
member shall:
(1) inform the director of the conflict of interest; and
(2) recuse themself from review of the application for which the
member has a conflict of interest.
The director may appoint a member to the review team to fill the
vacancy of the recused member during the review of the application for
which the member has been recused.
(j) Each member of the review team who is not a state employee is
entitled to the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties as
provided under IC 4-13-1-4 and in the state travel policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(k) A member of the review team who is a state employee is not
entitled to any of the following:
(1) The minimum salary per diem provided by IC 4-10-11-2.1(b).
(2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
(3) Other expenses actually incurred in connection with the
member's duties.
(l) The division shall do the following:
(1) Obtain consent from a waiver applicant or the applicant's legal
guardian to share the waiver application and additional
information submitted with the waiver application with the review
team. An applicant or applicant's legal guardian must voluntarily
consent to sharing the application and information with the review
team. If an applicant or applicant's legal guardian denies consent
to share the application and submitted information with the
review team, the division may not share the application and
information with the review team and the denial of consent may
not affect a determination on the applicant's waiver application.
(2) Provide members of the review team with the waiver
application and submitted information required under subsection
(d)(1) and (d)(2) for the applications where consent has been
obtained under subdivision (1).
(3) Provide administrative support for the review team concerning
the following:
(A) Contacting applicants who have provided consent under
this section.
(B) Accessing the application and information submitted with
the application.
(C) Receiving compensation as described in subsection (j).
The review team is responsible for any other administrative tasks
not specified in this subdivision, including scheduling review
team meetings and meeting the confidentiality requirements
specified in subsection (d)(3).
(4) Pay the expenses of the review team.
(m) An employee of the division who provides records in
accordance with subsection (l) in good faith is not subject to liability
in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure of
the records.
(n) This section expires December 31, 2026.

Legislative History

As added by P.L.131-2024, SEC.2.