in-20230927-IR-470230215FRA: Amends and adds provisions to 470 IAC 1, 470 IAC 2, and 470 IAC 2.1 to update definitions, agency names, and terms. Repeals 470 IAC 1-2-8 and 470 IAC 2.1-2-1. Effective 30 days after filing with the publisher.

Final Rule LSA Document #23-215 DIGEST Sec. 1. Definitions. The definitions of the following terms as used in these rules and regulations this title, unless a different meaning appears from the context, are the same as set forth in Section 1 of The Welfare Act of 1936, as amended: "state department", "state board", "administrator", "county department", "county board", "county director", "public welfare", "grant-in-aid", "applicant", "recipient", "assistance", "dependent child", and "child welfare services". "crippled child" and "warrant". Sec. 2. (a) The definitions in this section are in addition to those in section 1 of this rule and apply throughout this article. (b) "Division" or "DFR" means the division of family resources established by IC 12-13-1-1. (c) "Public assistance programs" means SNAP, TANF, medical assistance, eye treatment, and state supplemental assistance programs. (d) "Supplemental Nutrition Assistance Program" or "SNAP" means the program established under 7 U.S.C. 2011 et seq. (e) "System of record" means the Indiana eligibility determination services system. (f) "Temporary Assistance for Needy Families" or "TANF" means the program established under 42 U.S.C. 601 et seq. Sec. 1. Use and Disclosure of Personal Information. The use and disclosure of information concerning a data subject of a personal information the system of record maintained by the Indiana state department of public welfare DFR is limited to purposes directly connected with: Sec. 2. Access to personal information by a Data Subject. Unless otherwise prohibited by law, upon written request on a form approved by the Indiana state department of public welfare and upon furnishing proper identification, a person who is a data subject of a personal information system maintained by the state department of public welfare may inspect and receive, at reasonable standard charges for document search and duplication, all personal information about the data subject. If the requested documents contain information concerning any individual other than the data subject, the Indiana state department of public welfare may delete this information from that which is made available to the data subject. the system of record is governed by IC 4-1-6-3 upon written request on a form approved by the DFR. Upon such request, the Indiana state department of public welfare shall provide the data subject with the nature and the sources of the personal information provided to the data subject unless the confidentiality of such sources is required by statute. When requested, the Indiana state department of public welfare shall also provide the data subject with (1) the names and addresses of any party previously receiving personal information of a confidential nature about the data subject other than those parties with regular access authority, and (2) the date, nature and purpose of such disclosure. Sec. 3. Correction and Review of the Indiana State Department of Public Welfare's Personal Information System by a Data Subject. If a data subject of a personal information the system of record maintained by the Indiana state department of public welfare DFR gives written notice on a form approved by the Indiana state department of public welfare DFR that he wishes they wish to challenge, correct, or explain information about him themselves contained in the personal information system, the following procedures in IC 4-1-6-5 shall be followed. Sec. 4. Regular Access Authority to Personnel Records of the Indiana State Department of Public Welfare. Except as otherwise provided by state or federal law or applicable state or federal regulation, regular access to personnel folders and employment related records concerning individual employees of the State Department of Public Welfare should DFR shall be limited to the following persons: Sec. 1. (a) It is the purpose of this rule to establish a uniform method of administrative adjudication within the division of family and children DFR in order to determine whether or not any an action complained of was done in accordance with federal and state statutes, regulations, rules, and policies. As used in this rule, "policies" includes program manuals, administrative directives, transmittals, and other official written pronouncements of state or federal policy. (b) This rule shall be construed in such a manner as to provide all parties with an adequate opportunity to be heard in accordance with due process of law. As used in this rule, "party" means: (c) In the event that any a provision of this rule is deemed to be in conflict with any other a provision of federal or state statute, regulation, or rule that is specifically applicable to any a program being appealed hereunder, in accordance with this rule, then such the other statute, regulation, or rule shall supersede that part of this rule in which the conflict is found. Sec. 2. (a) In the event that the rights, duties, obligations, privileges, or other legal relations of any a person or an entity are required or authorized by law to be determined by the division of family and children or any county office of family and children DFR, then such the person or entity may request, as provided for in section 3 of this rule, an administrative hearing under this rule. The person or entity requesting the hearing shall be known as the appellant. (b) Unless otherwise provided for by law, only those persons or entities, or their respective attorneys at law, whose rights, duties, obligations, privileges, or other legal relations are alleged to have been adversely affected by any an action or a determination by the division of family and children or any county office of family and children DFR may request an administrative hearing under this rule. Any Alleged harm to an appellant must be direct and immediate to the appealing parties and not indirect and general in character. Sec. 3. (a) Any A party complaining of any a division action in accordance with this rule may file a request for an administrative hearing as provided in this section. (b) Unless otherwise provided for by statute, regulation, or rule, appeal requests by recipients or applicants shall be filed in writing with the county office of the division of family resources DFR or the office of hearings and appeals of the family and social services administration document center as provided on the notice of agency action. Appeals of decisions of the SNAP by recipients or applicants may be made orally. The appeal request must be received by close of business not later than: (c) For purposes of this section, "close of business" means 4:30 p.m., local time, on a business day where the appeal is received. If the thirty-third day is a: (d) Unless otherwise provided for by statute, regulation, or rule, appeal requests by licensees or prospective licensees shall: (e) Appeals by Medicaid applicants and recipients concerning Medicaid eligibility or services shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC. Medicaid provider appeals shall be filed and conducted in accordance with rules promulgated by the office of the secretary of family and social services under 405 IAC and the provisions of IC 4-21.5. (f) All requests for income withholding appeals by child support obligors in Title IV-D cases shall be made and all income withholding appeal hearings shall be conducted in accordance with the provisions of IC 31-16-15. Child support income withholding hearings will be conducted in Indianapolis, Indiana, unless the obligor is otherwise notified. (g) The division of family resources DFR or the office of hearings and appeals of the family and social services administration office of administrative law proceedings, upon application of any a party, or in its own discretion, may consolidate appeals to promote administrative efficiency. Hearings may only be consolidated in cases in which the sole issue involved is one of federal or state law or policy. (h) Any A party filing an appeal under this rule is not excused from exhausting all interim procedures that may be required by statute or rule for administrative review prior to the filing of an appeal. Any Issues not preserved in a timely manner within the interim review procedures are waived and shall not be an issue during the evidentiary hearing. (i) The director of the division of family resources is responsible for the appointment of administrative law judges to conduct hearings under this rule. The division of family resources or the office of hearings and appeals of the family and social services administration will schedule evidentiary hearings and issue notices to the parties regarding the date, time, and location of the scheduled hearing. (j) Continuance of a hearing will be granted only for good cause shown. An objection to a request for a continuance shall be considered before a continuance is granted or denied. Requests for a continuance shall be in writing and accompanied by adequate documentation of the reasons for the request. Good cause includes: (i) Unless otherwise provided for by statute, regulation, or rule, appeal hearings will be governed by the policies and procedures established under IC 4-15-10.5. Sec. 5. (a) The administrative law judge (ALJ) shall conduct the hearing in an informal manner and without recourse to the technical common law rules of evidence. (b) The ALJ shall exclude from consideration irrelevant, immaterial, or unduly repetitious evidence. (c) Every Each party shall have the right to submit evidence. In the event that an objection to evidence is sustained, the party proffering the evidence may make an offer of proof. Each party shall have the right to cross-examine the witnesses and offer rebutting evidence. (d) Following the completion of the hearing, or after the submission of briefs by the parties (if briefing is permitted by the ALJ), the ALJ shall issue his or her their decision in the matter concurrently to the parties. The decision shall be final unless a party requests agency review of the decision in accordance with this rule. The decision of the ALJ in a food stamp SNAP intentional program violation hearing or an aid to families with dependent children (AFDC) TANF intentional program violation hearing is a final agency decision. (e) The ALJ's decision shall: (f) The findings of fact need not include a recitation of every each piece of evidence admitted in the evidentiary hearing. Rather, the findings should shall contain the basic facts that have formed the basis for the ALJ's ultimate decision. The decision must demonstrate a rational connection between the basic facts found by the ALJ and the ALJ's ultimate decision. The ALJ's decision must also cite the relevant laws upon which the ultimate decision is based, and relate the facts to the law. Sec. 6. (a) Except for food stamp SNAP intentional program violation hearings and aid to families with dependent children TANF intentional program violation hearings, any a party who that is not satisfied with the decision of the administrative law judge (ALJ) may request agency review of the decision within ten (10) days of receipt thereof in accordance with instructions issued with the decision. (b) After receiving a request for agency review of a hearing decision, the division of family and children or the hearings and appeals section of the family and social services administration (FSSA) shall notify all parties when the decision will be reviewed. The agency review shall be completed by the division director or the director's designee. All such reviews shall be conducted upon the record, as defined in section 7 of this rule, except that a transcript of the oral testimony shall not be necessary for the review unless a party requests that one be transcribed at the party's expense. (c) No new evidence will be considered during the agency review; however, any a party wishing to submit a memorandum of law, citing evidence in the record, may do so pursuant to instructions issued by the division of family and children or the hearings and appeals section of the family and social services administration. FSSA. (d) The director of the division of family and children DFR, or the director's designee, shall review the administrative law judge's ALJ's decision to determine if the decision is supported by the evidence in the record and is in accordance with the statutes, regulations, rules, and policies applicable to the issues under appeal. (e) Following the review of the director or their designee, the director or designee shall issue a written decision: (f) The parties will be issued a written notice of the action taken as a result of the agency review. If the decision of the ALJ is reversed, amended, or modified, the director or their designee shall state the reasons for the action in the written decision. (g) The division of family and children or the hearings and appeals section of the family and social services administration FSSA shall distribute the written notice on agency review to: Sec. 7. (a) The record of the administrative proceedings shall be that as defined indicated in IC 4-21.5-3-33. (b) If the appellant is not satisfied with the division's final action after agency review, he or she the appellant may file a petition for judicial review in accordance with IC 4-21.5-5. (c) The appellant is required to seek agency review prior to filing a petition for judicial review except in the case of food stamp SNAP intentional program violation hearings and aid to families with dependent children TANF intentional program violation hearings. Sec. 8. (a) Any An individual who is alleged to have committed an intentional food stamp program SNAP or aid to families with dependent children (AFDC) TANF program violation and who has received notice of the allegations and evidence against him or her them may waive his or her their right to an administrative hearing as provided in 7 CFR 273.16, pertaining to the food stamp program SNAP, or 45 CFR 235.113, pertaining to the AFDC TANF program. (b) The individual alleged to have committed an intentional program violation shall be notified that he or she they may waive his or her their right to an administrative disqualification hearing, and the notice shall advise the individual of the consequences of waiving the right to an administrative disqualification hearing as provided in 7 CFR 273.16 or 45 CFR 235.113. (c) The notice shall provide an opportunity for the accused to specify whether or not he or she admits they admit to the allegations. Sec. 16. Regular Access Authority to the Department Public Assistance Division Personal Information System. The following individuals have regular access authority to the information contained in the personal information systems system of record maintained by the Indiana state department of public welfare in the office of the Public Assistance Division DFR, subject to the confidentiality requirements set forth in department regulation 1-107 and regulation 1-201. 470 IAC 1-2-7 and 470 IAC 1-3-1: Sec. 1. (a) The definitions in this section apply throughout this article. (a) As used in this article, (b) "Division" or "DFR" means the division of family and children resources established by IC 12-13-1-1. (b) As used in this article, "county offices" means the county offices of the division of family and children. (c) As used in this article, "Public assistance programs" means the assistance to families with dependent children SNAP, TANF, medical assistance, eye treatment, and state supplemental assistance programs. (d) "Supplemental Nutrition Assistance Program" or "SNAP" means the program established under 7 U.S.C. 2011 et seq. (e) "Temporary Assistance for Needy Families" or "TANF" means the program established under 42 U.S.C. 601 et seq. Sec. 2. (a) Each applicant for and recipient of public assistance shall complete, or assist the county DFR office in completing, the appropriate application form and related eligibility forms prescribed by the division. (b) Each applicant and recipient is required to provide all information necessary to determine his or her eligibility for public assistance and report any change in this information to the county DFR office within ten (10) days of the date on which the change occurs. (c) Each applicant and recipient of public assistance is required to verify or assist the county DFR office in verifying all information required to determine his or her eligibility by signing appropriate release of information forms required to obtain verification of information provided to the county DFR office or either of the following: (d) At the time of the initial investigation, the applicant shall allow the county office caseworker to visit the applicant in his or her place of residence during agency working hours. In the absence of a valid reason for the applicant's refusal to allow such visit, the applicant shall be ineligible for assistance and the application shall be denied. The A caseworker may conduct the an initial interview through a personal interview at the county DFR office or a community location designated by the county office, rather than at the applicant's residence. by phone. (e) If an applicant fails or refuses to provide the county DFR office information or verification of information required to determine the applicant's eligibility for public assistance, the applicant shall be ineligible for assistance and the application shall be denied. Prior to denying an application under this section, the county DFR office must provide the applicant written notice of the specific information or verification needed to determine eligibility and written notice of the date on which the application will be denied if the information or verification is not provided. (f) Treatment plan requirements shall be as follows: (g) For the purposes of the assistance to families with dependent children TANF program, failure of the an applicant to comply with the requirements of subsections (d) and (e) shall result in the ineligibility of the entire assistance group. Sec. 1. (a) The county department DFR shall give the an applicant or recipient, or his their authorized representative, upon request, the opportunity to examine the entire case record. (b) Before releasing information from public assistance case records in circumstances not required by state or federal laws or regulations, the county department DFR shall obtain a written release of information, signed by the applicant or recipient, authorizing the county department DFR to release the information to the requesting agency or individual. The written authorization must specify the scope of information the county department is authorized to release and the specific agency or individual to whom the information is to be released. (c) As permitted by Section 2636 of Public Law 98-369, the county department DFR shall release the name and current address of any AFDC TANF recipients who are fugitive felons to law enforcement officers when requested. The law enforcement officer must provide the county department DFR with the AFDC a TANF recipient's Social Security number and sufficient information to demonstrate that the AFDC TANF recipient is a fugitive felon. Sec. 1. (a) Opportunity to claim good cause. An applicant for or recipient of Medicaid will have the opportunity to claim good cause for refusing to cooperate as required by 42 CFR 433.147. (b) Notice to applicant or recipient. Prior to requiring cooperation under 42 CFR 433.147, the county department DFR will notify the applicant or recipient of the right to claim good cause as an exception to the cooperation requirement and of all the requirements applicable to a good cause determination as follows: (c) Requirements upon applicant or recipient. (1) An applicant for or recipient of Medicaid who refuses to cooperate and who claims to have good cause for refusing to cooperate has the burden of establishing the existence of a good cause circumstance. Such The applicant or recipient will be required to: (2) (d) If the requirements of paragraph (c)(1) of this section subsection (c) are not met, the state department DFR shall, on that basis, determine that good cause does not exist. Sec. 2. (a) For each applicant for or recipient of Medicaid who claims to have good cause, the state department DFR will determine, in accordance with 470 IAC 2.1-4-1, 470 IAC 2.1-4-3, and 470 IAC 2.1-4-4, sections 1, 3, and 4 of this rule, whether good cause exists. (b) The state department's DFR's final determination that good cause does or does not exist will: (c) The state department's DFR's determination of whether or not good cause exists will be made within forty-five (45) days from the day the good cause claim is made unless the department needs additional time because the information required to verify the claim cannot be obtained within the time standard, or that the claimant did not provide corroborative evidence within the period required by 470 IAC 2.1-4-4(b). section 4(b) of this rule. (d) If the state department DFR determines that good cause does not exist: Sec. 3. (a) Circumstances under which cooperation may be against the best interests of the individual. The state department DFR will determine that cooperation in securing support is against the best interests of the an individual only if the applicant's or recipient's cooperation in securing support is reasonably anticipated to result in physical or emotional harm to the individual for whom support is to be sought. (b) Physical harm and emotional harm defined. Physical harm and emotional harm must be of a serious nature in order to justify a finding of good cause under paragraph (a) of this section. subsection (a). A finding of good cause for emotional harm may only be based upon a demonstration of an emotional impairment that substantially affects the individual's functioning. (c) Special consideration related to emotional harm. For every each good cause determination which is based in whole or in part upon the anticipation of emotional harm to the individual, the state department will consider the following: Sec. 4. (a) The state department DFR will make a good cause determination based on the corroborative evidence supplied by the applicant or recipient only after it has examined the evidence and found that it actually verifies the good cause claim. (b) The applicant or recipient who claims good cause must provide corroborative evidence within twenty (20) days from the day the claim was made. In exceptional cases where the state department DFR determines the applicant or recipient requires additional time because of the difficulty of obtaining the corroborative evidence, the state department DFR shall allow a reasonable additional period of time. (c) A good cause claim may be corroborated with the following types of evidence: (d) If, after examining the corroborative evidence submitted by the applicant or recipient the state department DFR wishes to request additional corroborative evidence which is needed to permit a good cause determination, the state department DFR will: (e) Upon request, the state department DFR will: (f) Where a claim is based on the applicant's or recipient's anticipation of physical harm as specified and defined in 470 IAC 2.1-4-3, section 3 of this rule, and corroborative evidence is not submitted in support of the claim: Sec. 5. The county department DFR will not deny, delay, or discontinue assistance pending a determination of good cause for refusal to cooperate if the applicant or recipient has complied with the requirements of 470 IAC 2.1-4-1 and 470 IAC 2.1-4-4 sections 1 and 4 of this rule to furnish corroborative evidence and information. Sec. 6. The county department DFR will: