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A rule adopted by the state department of public welfare concerning room and board assistance under IC 12-1-5.5 , as repealed by P.L.9-1991, is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that: (1) supersedes in whole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subsection (a), if a rule adopted by the state department of public welfare before January 1, 1992: (1) has not been superseded or repealed as provided in subsection (a); and (2) provides authority to the state department of public welfare that has been transferred to the division of disability and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.
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