1. (a) The office of the secretary has all powers necessary and convenient to administer a home and community based services waiver.

2. (b) The office of the secretary shall do the following:

   1. (1) Administer money appropriated or allocated to the office of the secretary by the state, including money appropriated or allocated for a home and community based services waiver.
   2. (2) Take any action necessary to implement a home and community based services waiver, including applying to the United States Department of Health and Human Services for approval to amend or renew the waiver, implement a new Medicaid waiver, or amend the Medicaid state plan.
   3. (3) Ensure that a home and community based services waiver is subject to funding available to the office of the secretary.
   4. (4) Ensure, in coordination with the budget agency, that the cost of a home and community based services waiver does not exceed the total amount of funding available by the budget agency, including state and federal funds, for the Medicaid programs established to provide services under a home and community based services waiver.
   5. (5) Establish and administer a program for a home and community based services waiver, including the assisted living waiver described in IC 12-15-1.3-26 , to provide an eligible individual with care that does not cost more than services provided to a similarly situated individual residing in an institution.

   6. (6) Within the limits of available resources, provide service coordination services to individuals receiving services under a home and community based services waiver, including the development of an individual service plan that:

      1. (A) addresses an individual's needs;
      2. (B) identifies and considers family and community resources that are potentially available to meet the individual's needs; and
      3. (C) is consistent with the person centered care approach for receiving services under a waiver.

   7. (7) Monitor services provided by a provider that:

      1. (A) provides services to an individual using funds provided by the office of the secretary or under the authority of the office of the secretary; or
      2. (B) entered into one (1) or more provider agreements to provide services under a home and community based services waiver.

   8. (8) Establish and administer a confidential complaint process for:

      1. (A) an individual receiving; or

      2. (B) a provider described in subdivision (7) providing;

         services under a home and community based services waiver.

   9. (9) Establish a procedure for documenting compliance with subdivision (6) in the individual service plan of an individual receiving services under a home and community based services waiver, which must include provider attestation that services delivered to a recipient align with the recipient's individual service plan.

3. (c) The office of the secretary may do the following:

   1. (1) At the office's discretion, delegate any of its authority under this chapter to any division or office within the office of the secretary.
   2. (2) Issue administrative orders under IC 4-21.5-3-6 regarding the provision of a home and community based services waiver.

As added by P.L.174-2025, SEC.14. Amended by P.L.160-2026, SEC.2.