Section 12-9-4-8 - Special service review team; duties; powers; membership; per diem and expenses; immunity(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:(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.Added by P.L. 131-2024,SEC. 2, eff. 3/13/2024.