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(a) A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: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(1) has not been superseded or repealed as provided in subsection (a); and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 disability 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. Amended by P.L.168-2018, SEC.6.