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(1) has not been superseded or repealed as provided in subsection (a); and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.