STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS
FOR: CONTINUATION OF THE CURRENT ADMINISTRATIVE STRUCTURE FOR FAMILY AND SOCIAL SERVICES
TO ALL TO WHOM THESE PRESENTS MAY COME, GREETINGS;
WHEREAS, Public Law 9-1991, effective July 1, 1991, established among other things, the Office of the Secretary of Family and Social Services (FSSA), the Office of Medicaid Policy and Planning (OMPP), and certain family and social services advisory bodies; and
WHEREAS, portions of Public Law 9-1991, now codified at Indiana Code chapters 12-8-1,12-8-2, 12-8-6 and 12-8-8, will expire on January 1, 2008; and
WHEREAS, other existing statutes that do not expire authorize OMPP to administer the Medicaid program and related programs, e.g.,
IC 12-15-1-1 ("OMPP shall administer the Medicaid program under 42 USC 1396 et seq."), and
IC 12-15-1-10 (authority to adopt procedures and rules "necessary to carry out the Medicaid program and the federal Social Security Act"); and
WHEREAS, the 2007 session of the General Assembly enacted a budget bill (House Enrolled Act 1001) that clearly contemplates the ongoing existence of FSSA and OMPP and expresses the legislature's intent that they continue to carry out their mission and services, in that the budget act:
(a) appropriates approximately $24 million per year for operating expenses for the "Family and Social Services Administration";
(b) appropriates approximately $32 million to the FSSA children's health insurance program from the Tobacco Master Settlement Fund;
(c) appropriates approximately $1.5 billion per year for Medicaid current obligations and administration "for the purpose of enabling the office of Medicaid policy and planning to carry out all services as provided in
IC 12-8-6";
(d) provides that all Medicaid money received from the federal government "shall be expended by the office of Medicaid policy and planning"; and
WHEREAS, the 2007 session of the General Assembly enacted other legislation evidencing its intent that the agencies continue to carry out their mission and services, including SEA 5, SEA 150, SEA 208, SEA 503, SEA 566, HEA 1242, HEA 1348, and HEA 1678; and
WHEREAS, previous sessions of the General Assembly enacted legislation that remains in effect and grants powers and duties to the office of the secretary of family and social services; and
WHEREAS, Whereas, under the state Constitution the executive power of the state is vested in the Governor, and the Governor has the constitutional power and duty to take care that the laws are faithfully executed; and
WHEREAS, in furtherance of his constitutional powers and duties the Governor may create administrative agencies by executive order (
see, Executive Order 89-12, Executive Order 91-2; Executive Order 99-08; Executive Order 05-15;
see also IC 4-1-7.1-3; and
WHEREAS, pursuant to
IC 5-19-1, the Governor is authorized to the full extent of his constitutional powers to take any action that may be necessary to cooperate with the federal government, receive federal benefits, or effectuate the purposes of any federal law.
NOW, THEREFORE, I Mitchell E. Daniels, Jr., pursuant to the powers vested in me by the Constitution and laws of this state, do hereby order that:
1. The office of the Secretary of Family and Social Services (FSSA) is continued, including its designation as the sole state agency for administering programs concerning vocational rehabilitation under 29 USC 701 et seq.
2. The Office of Medicaid Policy and Planning (OMPP) is continued.
3. FSSA and OMPP are authorized to take all actions necessary to administer existing state and federal programs and services and to execute new laws enacted by the 2007 session of the General Assembly, including but not limited to House Enrolled Act 1001.
4. The current administrative structure of the office of the Secretary of Family and Social Services and its relationships with the OMPP, the Division of Mental Health and Addictions [sic], The Division of Family Resources, the Division of Aging, and the Division of Disability and Rehabilitative Services, shall remain in place. The Governor shall appoint a Secretary of Family and Social Services to coordinate family and social service programs among the divisions.
5. FSSA and OMPP shall continue to administer existing rules and procedures and be authorized to take actions as needed to carry out the Medicaid program pursuant to the authority granted by
IC 12-15-1-1 to administer existing rules and procedures pursuant to authority granted under any other applicable laws or rules.
6. This order is intended to enable the executive branch to carry out the wishes of the General Assembly – as expressed in existing statutes, in the 2007 budget act, and in other new legislation – that Medicaid and other vital social services programs must be continued without any disruption of services.
7. FSSA and OMPP shall continue to have and to exercise all powers and duties they possessed as of December 31, 2007, or were granted by legislation that takes effect after December 31, 2007, excepting only those powers and duties (if any) which are beyond the scope of the Governor's executive authority under the Constitution and laws of this state.
8. This order shall take effect on January 1, 2008.
9. This order expires (a) on the effective date of any law enacted by the General Assembly that reestablishes the office of the secretary and OMPP or makes other provisions for administration and performance of the powers, duties and responsibilities of those offices as they existed before January 1, 2008, or (b) on the date of the enactment of such law if the law is made retroactive.
IN TESTIMONY WHEREOF, I, Mitchell E. Daniels, Jr., have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana on this 20th day of December, 2007.
Mitchell E. Daniels, Jr.
Governor of Indiana
Posted: 01/09/2008 by Legislative Services Agency
DIN: 20080109-IR-GOV070883EOA
Composed: May 01,2024 8:50:03PM EDT
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