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IC 12-7-3-1
Treatment of rules adopted by department of mental health
concerning developmental disabilities
Sec. 1. (a) A rule adopted by the department of mental health
concerning developmental disabilities under IC 16-13-1 (before its
repeal by P.L.9-1991) is valid and effective until the division of
aging and rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-2
Treatment of rules adopted by department of mental health
concerning case management services for developmentally disabled
Sec. 2. (a) A rule adopted by the department of mental health
concerning case management services for developmentally disabled
persons under IC 16-14-31 (before its repeal by P.L.9-1991) is valid
and effective until the division of aging and rehabilitative services
adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-3
Treatment of rules adopted by department of mental health
concerning residential facilities
Sec. 3. (a) A rule adopted by the department of mental health
concerning residential facilities under IC 16-13-21 or IC 16-13-22,
as amended by P.L.9-1991 and before their repeal, is valid and
effective until the division of aging and rehabilitative services adopts
a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the division of aging and rehabilitative
services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of aging and rehabilitative services and not the department
of mental health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-4
Treatment of rules adopted by state board of health concerning
child care licensing
Sec. 4. (a) A rule adopted by the state board of health concerning
child care licensing under IC 12-3-2, as amended by P.L.9-1991 and
before its repeal, is valid and effective until the division of family
and children adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state board of health rule;
or
(2) repeals the state board of health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
board of health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the state board of health that has been
transferred to the division of family and children under
P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of family and children and not the state board of health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-5
Treatment of rules adopted by state department of public welfare
concerning room and board assistance
Sec. 5. (a) A rule adopted by the state department of public
welfare concerning room and board assistance under IC 12-1-5.5, as
repealed by P.L.9-1991, is valid and effective until the division of
aging and rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of public
welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the state department of public welfare
that has been transferred to the division of aging and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
office of Medicaid policy and planning established under IC 12-6-6
(before its repeal) and not the state board of public welfare.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-6
Treatment of rules adopted by state department of public welfare
concerning Medicaid
Sec. 6. (a) A rule adopted by the state department of public
welfare concerning the state medical assistance plan (Medicaid)
under IC 12-1-7 (before its repeal) before January 1, 1992, is valid
and effective until the secretary appointed under IC 12-6-2-2 (before
its repeal) adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of public
welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the state department of public welfare
that has been transferred to the secretary appointed under
IC 12-6-2-2 (before its repeal) under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
office of Medicaid policy and planning established under IC 12-6-6
(before its repeal) and not the state department of public welfare.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-7
Treatment of rules adopted by department of human services
concerning social services
Sec. 7. (a) A rule adopted by the department of human services
concerning social services under IC 4-28-6, as repealed by
P.L.9-1991, is valid and effective until the division of family and
children adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of human
services rule; or
(2) repeals the department of aging and rehabilitative services
rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of human services before January 1, 1992:
IC 12-7-3-8
Treatment of rules adopted by interdepartmental board for the
coordination of human services concerning the school age child
care project fund
Sec. 8. (a) A rule adopted by the interdepartmental board for the
coordination of human services concerning the school age child care
project fund under IC 20-5-61, as repealed by P.L.9-1991, is valid
and effective until the division of family and children adopts a rule
under IC 4-22-2 that:
(1) supersedes in whole or in part the interdepartmental board
for the coordination of human services rule; or
(2) repeals the interdepartmental board for the coordination of
human services rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
interdepartmental board for the coordination of human services
before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the interdepartmental board for the
coordination of human services that has been transferred to the
division of family and children under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of family and children and not the interdepartmental board
for the coordination of human services.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-9
Treatment of rules adopted by department of mental health
concerning epilepsy services
Sec. 9. (a) A rule adopted by the department of mental health
concerning epilepsy services is valid and effective until the division
of aging and rehabilitative services adopts a rule under IC 4-22-2
that:
(1) supersedes in whole or in part the department of mental
health rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
IC 12-7-3-10
Treatment of rules adopted by department of mental health
concerning the handicapped infants and toddlers program
Sec. 10. (a) Except as provided in subsection (b), a rule adopted
by the department of mental health concerning the handicapped
infants and toddlers program, before its repeal by P.L.9-1991, is valid
and effective until the section of child care services within the
division of family and children adopts a rule under IC 4-22-2 that
supersedes in whole or in part or otherwise repeals the department of
mental health rule for the infants and toddlers with disabilities
program under IC 12-17-14, as added by P.L.20-1992, and before its
repeal.
(b) If a rule adopted by the department of mental health before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the section of child care services within
the division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the division of mental health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-11
Treatment of rules adopted by Indiana state board of education
concerning the school age child care project fund
Sec. 11. (a) Except as provided in subsection (b), a rule adopted
by the Indiana state board of education concerning the school age
child care project fund, before its repeal by P.L.9-1991, is valid and
effective until the section of child care services within the division
of family and children adopts a rule under IC 4-22-2 that supersedes
in whole or in part or otherwise repeals the Indiana state board of
education rule for the school age child care project program
established under IC 12-17-12, as amended by P.L.20-1992, and
before its repeal.
(b) If a rule adopted by the Indiana state board of education before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the Indiana state board of education
that has been transferred to the section of child care services
within the division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the Indiana state board of education.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-12
Treatment of rules adopted by department of mental health
concerning handicapped infants and toddlers program
Sec. 12. (a) Except as provided in subsection (b), a rule adopted
by the department of mental health concerning the handicapped
infants and toddlers program, before its repeal by P.L.9-1991, is valid
and effective until the section of child care services within the
division of family and children adopts a rule under IC 4-22-2 that
supersedes in whole or in part or otherwise repeals the department of
mental health rule for the infants and toddlers with disabilities
program under IC 12-17-15, as added by P.L.21-1992, and before its
repeal.
(b) If a rule adopted by the department of mental health before
January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the department of mental health that
has been transferred to the section of child care services within
the division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the division of mental health.
As added by P.L.220-2011, SEC.253.
IC 12-7-3-13
Treatment of rules adopted by interdepartmental board for the
coordination of human services concerning the school age child
care project fund
Sec. 13. (a) Except as provided in subsection (b), a rule adopted
by the interdepartmental board for the coordination of human service
programs concerning the school age child care project fund, before
its repeal by P.L.9-1991, is valid and effective until the section of
child care services within the division of family and children adopts
a rule under IC 4-22-2 that supersedes in whole or in part or
otherwise repeals the interdepartmental board rule for the school age
child care project program established under IC 12-17-12.
(b) If a rule adopted by the interdepartmental board for the
coordination of human service programs before January 1, 1992:
(1) has not been superseded or repealed as provided in
subsection (a); and
(2) provides authority to the interdepartmental board that has
been transferred to the section of child care services within the
division of family and children;
the rule shall be interpreted to constitute an authorization to the
section of child care services within the division of family and
children and not the interdepartmental board for the coordination of
human service programs.
As added by P.L.220-2011, SEC.253.