2012 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 32. RESTRICTIONS ON PUBLIC BENEFITS
CHAPTER 1. RESTRICTIONS ON PUBLIC BENEFITS TO ILLEGAL ALIENS

IC 12-32
ARTICLE 32. RESTRICTIONS ON PUBLIC BENEFITS

IC 12-32-1
Chapter 1. Restrictions on Public Benefits to Illegal Aliens

IC 12-32-1-1
"Agency"
Sec. 1. As used in this chapter, "agency" means any state administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of state government.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-2
"Federal public benefit"
Sec. 2. As used in this chapter, "federal public benefit" has the meaning set forth in 8 U.S.C. 1611.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-3
"State or local public benefit"
Sec. 3. (a) As used in this chapter, "state or local public benefit" has the meaning set forth in 8 U.S.C. 1621.
(b) The term includes:
(1) a postsecondary education award, including a scholarship, a grant, or financial aid; and
(2) the resident tuition rate (as determined by the state educational institution).
As added by P.L.171-2011, SEC.13.

IC 12-32-1-4
Enforced without discrimination
Sec. 4. This chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-5
Verification required; health care services for emergency medical condition exception; health care provider alternative
Sec. 5. (a) Notwithstanding any other provision of law and except as otherwise provided under federal law, an agency or a political subdivision shall verify, in the manner required under section 6 of this chapter, the eligibility of any individual who:
(1) is at least eighteen (18) years of age; and
(2) applies for state or local public benefits or federal public benefits that are provided by the agency or the political subdivision.
(b) A health care provider (as defined in IC 16-18-2-163(a)) is not

required to verify the eligibility of an individual as required under subsection (a) if the health care provider is providing health care services for the treatment of an emergency medical condition (as defined in 42 U.S.C. 1396b(v)(3)).
(c) With regard to a state or local public benefit or a federal public benefit that covers health care services, a health care provider (as defined in IC 16-18-2-163) satisfies the requirements of this chapter if the health care provider complies with the eligibility verification policies and procedures for providing the benefit that is established by the:
(1) office of the secretary of family and social services; or
(2) federal Department of Health and Human Services.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-6
Execute verification; maintain verification
Sec. 6. An agency or a political subdivision required to verify the eligibility of an individual under section 5 of this chapter shall:
(1) require the individual to execute a verification stating under penalty of perjury that the individual is a:
(A) United States citizen; or
(B) qualified alien (as defined under 8 U.S.C. 1641); and
(2) maintain a verification executed in accordance with subdivision (1) for at least five (5) years.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-7
Crime to make false, fictitious, or fraudulent statement or representation in verification
Sec. 7. A person who knowingly or intentionally makes a false, fictitious, or fraudulent statement or representation in a verification required by this chapter commits a Class D felony.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-8
Variation of requirements
Sec. 8. An agency may adopt a variation of the requirements set forth in this chapter to provide for an adjudication in the case of unique individual circumstances under which the procedures set forth in this chapter would impose unusual hardship on a legal resident of Indiana.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-9
State board of accounts; adopt rules; variation of requirements
Sec. 9. The state board of accounts:
(1) shall adopt rules under IC 4-22-2, applicable to all political subdivisions, to carry out this chapter; and
(2) may adopt a variation of the requirements set forth in this chapter, applicable to all political subdivisions, to provide for

an adjudication in the case of unique individual circumstances under which the procedures set forth in this chapter would impose an unusual hardship on a legal resident of Indiana.
As added by P.L.171-2011, SEC.13.

IC 12-32-1-10
Adopt rules
Sec. 10. An agency may adopt rules under IC 4-22-2 to carry out this chapter.
As added by P.L.171-2011, SEC.13.