reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-4. Excess Income Recipients; Continued Eligibility

Sec. 4. (a) An individual who:
(1) is receiving residential care assistance under section 1 or 2.1 of this chapter; and
(2) has an increase in income that would make the individual ineligible for residential care assistance;
may elect to continue to be eligible for residential care assistance by paying the excess income to the home or facility that provides residential care.
(b) If an individual applies the excess income toward the residential care assistance under subsection (a), the division shall reduce the payment to the home or facility that provides residential care by the amount received by the home or facility.
[Pre-1992 Revision Citation: 12-1-5.5-9.]
As added by P.L.2-1992, SEC.4. Amended by P.L.27-1992, SEC.10; P.L.24-1997, SEC.25; P.L.1-2007, SEC.118.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-5. Individuals With a Mental Illness; Comprehensive Care Plan; Rules

Sec. 5. (a) An individual who is determined under section 2.1(a)(2) of this chapter to be incapable of residing in the individual's own home because of mental illness may be admitted to a home or facility that provides residential care to the extent that money is available for the care.
(b) Within thirty (30) days after an individual with a mental illness is placed in a home or facility that provides residential care, a comprehensive care plan must be developed for the individual.
(c) The residential care facility, in cooperation with the community mental health center or an individual's managed care provider (as defined in IC 12-7-2-127(b)) serving the area in which the residential care facility is located, shall develop the comprehensive care plan for the individual. The plan must include the following:
(1) Psychosocial rehabilitation services that are provided within the community.
(2) A comprehensive range of activities to meet multiple levels of need, including the following:
(A) Recreational and socialization activities.
(B) Social skills.
(C) Educational, training, occupational, and work programs.
(D) Opportunities for progression into less restrictive and more independent living arrangements.
(3) Appropriate alternate placement if the individual's needs cannot be met by the facility.
(d) The Indiana department of health shall, in coordination with the division of mental health and addiction and the division, adopt rules under IC 4-22-2 to govern:
(1) residential care; and
(2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this chapter in a home or facility that provides residential care.
[Pre-1992 Revision Citation: 4-28-15-3.]
As added by P.L.2-1992, SEC.4. Amended by P.L.40-1994, SEC.19; P.L.215-2001, SEC.37; P.L.99-2007, SEC.62; P.L.197-2011, SEC.40; P.L.85-2017, SEC.54; P.L.56-2023, SEC.88.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-6. Application for Assistance

Sec. 6. (a) To obtain assistance under this chapter, an individual must apply to the local administrative unit designated by the division. The application must be:
(1) in writing or reduced to writing;
(2) made in the manner and upon the form prescribed by the division; and
(3) verified by the oath of the applicant.
(b) If an individual applying for assistance is mentally or physically unable to sign an application verified by the oath of the applicant, an application may be made by an interested individual acting in the applicant's behalf, and the application shall be verified upon the basis of information and belief of the interested individual.
(c) Each application must contain a statement of all of the following:
(1) The amount of property, both personal and real, in which the applicant has an interest.
(2) All income that the applicant has at the time of the filing of the application.
(3) Any other information prescribed by the division.
[Pre-1992 Revision Citation: 4-28-15-4.]
As added by P.L.2-1992, SEC.4. Amended by P.L.128-1999, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-7. Investigation of Applicant

Sec. 7. Whenever the local administrative unit designated by the division receives an application for assistance under this chapter, an investigation shall be made of the circumstances of the applicant to ascertain the facts supporting the application and any other information that may be required by the rules of the division.
[Pre-1992 Revision Citation: 4-28-15-5.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-8. Investigative Report and Recommendation

Sec. 8. Upon completion of the investigation, the local administrative unit designated by the division shall make a report and a recommendation to the division relative to the eligibility of the applicant for assistance, the amount of the assistance, and the date when the assistance should begin.
[Pre-1992 Revision Citation: 4-28-15-6 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-9. Amount of Assistance; Determination

Sec. 9. The division shall determine the amount of the assistance and the date on which the assistance should begin. In determining the amount of assistance, due account shall be taken of any income or property of the applicant and of any support that the applicant may receive from other sources, including any benefit the applicant is receiving from the Social Security Administration. The award made by the division and a subsequent modification of the award is binding upon the state and shall be complied with by the state until the award or modified award is vacated.
[Pre-1992 Revision Citation: 4-28-15-6 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-10. Monthly Payments; Warrants

Sec. 10. (a) The assistance shall be paid monthly to:
(1) the recipient; or
(2) the administrator of the county home if the local administrative unit designated by the division so designates;
upon warrant of the auditor of state from money appropriated to the division for that purpose.
(b) The auditor of state shall draw the warrants based upon a verified schedule of the recipients and the amount payable to each recipient, prepared and verified by the director of the division in accordance with awards made by the division.
[Pre-1992 Revision Citation: 4-28-15-6 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-11. Reconsideration; Report of Change; Hearing

Sec. 11. (a) All assistance granted under this chapter shall be reconsidered as frequently as is required by the rules of the division. After further investigation that the local administrative unit designated by the division considers necessary or that the division requires, the amount of assistance may be changed or entirely withdrawn if the division finds that the recipient's circumstances have altered sufficiently to warrant that action.
(b) Whenever assistance is withdrawn, revoked, suspended, or in any way changed, the division shall immediately report the decision to the local administrative unit designated by the division.
(c) If assistance is in any way changed, the recipient is entitled to a hearing under the rules adopted by the division.
[Pre-1992 Revision Citation: 4-28-15-7.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-12. New County Home Admittees; Aid in Applying for Assistance

Sec. 12. When an individual is admitted to a county home, the administrator of the home shall assist the resident in applying for assistance under this chapter.
[Pre-1992 Revision Citation: 4-28-15-8.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-13. Higher Education Award Not to Be Considered Income or Resource for Purposes of Assistance Eligibility

Sec. 13. If an individual receives a state or federal higher education award that is paid directly to an approved postsecondary educational institution for that individual's benefit:
(1) that individual is not required to report that award as income or as a resource of that individual when applying for assistance provided under this chapter; and
(2) the award may not be considered as income or a resource of the individual in determining initial or continuing eligibility for assistance under this chapter.
[Pre-1992 Revision Citation: 4-28-15-9.]
As added by P.L.2-1992, SEC.4. Amended by P.L.2-2007, SEC.154.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 6. Residential Care Assistance › 12-10-6-14. Repealed

[Pre-1992 Revision Citation: 12-1-5.5-8.]
As added by P.L.2-1992, SEC.4. Amended by P.L.24-1997, SEC.26. Repealed by P.L.229-2011, SEC.272.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-1. "Incapacitated Individual" Defined

Sec. 1. As used in this chapter, "incapacitated individual" means an individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self-care; or
(C) to do either of the functions described in clauses (A) and (B);
because of mental illness, dementia, physical illness, infirmity, habitual drunkenness, excessive use of drugs, confinement, detention, duress, fraud, undue influence of others on the individual, or other disability (as that term is used in IC 12-10-10-3 or IC 12-14-15-1); or
(3) has a developmental disability.
[Pre-1992 Revision Citation: 4-28-17-4.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-2. "Indigent Adult" Defined

Sec. 2. As used in this chapter, "indigent adult" means an individual who:
(1) is at least eighteen (18) years of age;
(2) has no appropriate person to serve as guardian; and
(3) either:
(A) has an annual gross income of not more than one hundred twenty-five percent (125%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902; or
(B) demonstrates the inability to obtain privately provided guardianship services.
[Pre-1992 Revision Citation: 4-28-17-5.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-3. "Provider" Defined

Sec. 3. As used in this chapter, "provider" refers to a regional guardianship services provider.
[Pre-1992 Revision Citation: 4-28-17-7.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-4. "Region" Defined

Sec. 4. As used in this chapter, "region" means a service provision region established by the division by rule adopted under IC 4-22-2.
[Pre-1992 Revision Citation: 4-28-17-8.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-5. Establishment of Program

Sec. 5. The adult guardianship services program is established to provide services within the limits of available funding for indigent incapacitated adults.
[Pre-1992 Revision Citation: 4-28-17-9.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-6. Administration

Sec. 6. The director shall administer the program on a statewide basis.
[Pre-1992 Revision Citation: 4-28-17-18(a).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-7. Rules

Sec. 7. The secretary shall adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1992 Revision Citation: 4-28-17-18(b).]
As added by P.L.2-1992, SEC.4. Amended by P.L.35-2016, SEC.13.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-8. Contracts for Services; Provider Qualifications; Specifications

Sec. 8. (a) The division shall contract in writing for the provision of the guardianship services required in each region with a nonprofit corporation that is:
(1) qualified to receive tax deductible contributions under Section 170 of the Internal Revenue Code; and
(2) located in the region.
(b) The division shall establish qualifications to determine eligible providers in each region.
(c) Each contract between the division and a provider must specify a method for the following:
(1) The establishment of a guardianship committee within the provider, serving under the provider's board of directors.
(2) The provision of money and services by the provider in an amount equal to at least twenty-five percent (25%) of the total amount of the contract and the provision by the division of the remaining amount of the contract. The division shall establish guidelines to determine the value of services provided under this subdivision.
(3) The establishment of procedures to avoid a conflict of interest for the provider in providing necessary services to each incapacitated individual.
(4) The identification and evaluation of indigent adults in need of guardianship services.
(5) The adoption of individualized service plans to provide the least restrictive type of guardianship or related services for each incapacitated individual, including the following:
(A) Designation as a representative payee by:
(i) the Social Security Administration;
(ii) the United States Office of Personnel Management;
(iii) the United States Department of Veterans Affairs; or
(iv) the United States Railroad Retirement Board.
(B) Limited guardianship under IC 29-3.
(C) Guardianship of the person or estate under IC 29-3.
(D) The appointment of:
(i) a health care representative under IC 16-36-1-7 or IC 16-36-7; or
(ii) a power of attorney under IC 30-5.
(6) The periodic reassessment of each incapacitated individual.
(7) The provision of legal services necessary for the guardianship.
(8) The training and supervision of paid and volunteer staff.
(9) The establishment of other procedures and programs required by the division.
[Pre-1992 Revision Citation: 4-28-17-19.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.7; P.L.24-1997, SEC.27; P.L.50-2021, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 7. Adult Guardianship Services › 12-10-7-9. Audits

Sec. 9. (a) Each provider is subject to periodic audit of the adult guardianship services program by an independent certified public accountant.
(b) The results of the audit required under subsection (a) must be submitted to the division.
[Pre-1992 Revision Citation: 4-28-17-20.]
As added by P.L.2-1992, SEC.4. Amended by P.L.21-1996, SEC.8; P.L.24-1997, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 8. Repealed

[Pre-1992 Revision Citations:
12-10-8-1formerly 4-28-17-112-10-8-2formerly 4-28-17-1012-10-8-3formerly 4-28-17-1112-10-8-4formerly 4-28-17-1212-10-8-5formerly 4-28-17-1312-10-8-6formerly 4-28-17-1412-10-8-7formerly 4-28-17-1512-10-8-8formerly 4-28-17-1612-10-8-9formerly 4-28-17-17.]
Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 9. Repealed

[Pre-1992 Revision Citations:
12-10-9-1formerly 4-28-23-1 part12-10-9-2formerly 4-28-23-2 part12-10-9-3formerly 4-28-23-3 part12-10-9-4formerly 4-28-23-4 part12-10-9-5formerly 4-28-23-512-10-9-6formerly 4-28-23-612-10-9-7formerly 4-28-23-712-10-9-8subsection (a) formerly 4-28-23-8(a) part; subsection (b) formerly 4-28-23-8(b) part; subsection (c) formerly 4-28-23-8(b) part12-10-9-9formerly 4-28-23-912-10-9-10formerly 4-28-23-1012-10-9-11formerly 4-28-23-11.]
Repealed by P.L.24-1997, SEC.66.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-1. "Case Management"

Sec. 1. As used in this chapter, "case management" means a service conducted locally by an area agency on aging that includes the following:
(1) Assessment of an individual to determine the individual's functional impairment level and corresponding need for services.
(2) Development of a plan of care that:
(A) addresses an eligible individual's needs;
(B) identifies and considers family and community resources that are potentially available to meet the individual's needs; and
(C) is consistent with a person centered approach to client care.
(3) Supervision of the implementation of appropriate and available services for an eligible individual.
(4) Advocacy on behalf of an eligible individual's interests.
(5) Monitoring the quality of community and home care services provided to an eligible individual.
(6) Reassessment of the plan of care to determine the continuing need and effectiveness of the community and home care services provided to an eligible individual under this chapter.
(7) Provision of information and referral services to individuals in need of community and home care services.
[Pre-1992 Revision Citation: 4-28-6.1-2.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.5; P.L.154-1995, SEC.1; P.L.87-2017, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-1.5. "Activities of Daily Living"

Sec. 1.5. As used in this chapter, "activities of daily living" refers to an activity described in the long term care services eligibility screen.
As added by P.L.150-1995, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-2. "Community and Home Care Services"

Sec. 2. As used in this chapter, "community and home care services" means services provided within the limits of available funding to an eligible individual. The term includes the following:
(1) Homemaker services and attendant care, including personal care services.
(2) Respite care services and other support services for primary or family caregivers.
(3) Adult day care services.
(4) Home health services and supplies.
(5) Home delivered meals.
(6) Transportation.
(7) Attendant care services provided by a registered personal services attendant under IC 12-10-17.1 to persons described in IC 12-10-17.1-6.
(8) Other services necessary to prevent institutionalization of eligible individuals when feasible.
(9) Other services, not covered by Medicaid, including equipment and building modifications, necessary to:
(A) prevent individuals with intellectual or developmental disabilities from being institutionalized; and
(B) help an individual described in clause (A) to transition out of a health facility licensed under IC 16-28 or a group home (as defined by IC 31-9-2-48.5).
[Pre-1992 Revision Citation: 4-28-6.1-3.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.7; P.L.154-1995, SEC.2; P.L.255-2001, SEC.10; P.L.141-2006, SEC.43; P.L.209-2018, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-3. "Individual With a Disability"

Sec. 3. As used in this chapter, "individual with a disability" refers to an individual with a severe chronic disability that is attributable to a mental or physical impairment or combination of mental and physical impairments that is likely to continue indefinitely.
[Pre-1992 Revision Citation: 4-28-6.1-4.]
As added by P.L.2-1992, SEC.4. Amended by P.L.99-2007, SEC.63.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-4.5. "Long Term Care Services Eligibility Screen"

Sec. 4.5. (a) As used in this chapter, "long term care services eligibility screen" refers to the long term care services eligibility screen used by the division in making eligibility determinations under this chapter.
(b) The long term care services eligibility screen must conform with the activities of daily living standard established by this chapter.
As added by P.L.150-1995, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-5. "Program"

Sec. 5. As used in this chapter, "program" refers to the community and home options to institutional care for the elderly and disabled program established by this chapter.
[Pre-1992 Revision Citation: 4-28-6.1-6.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-6. Establishment of Program; Administration; Duties of Division

Sec. 6. The community and home options to institutional care for the elderly and disabled program is established. The division shall administer the program and shall do the following:
(1) Adopt rules under IC 4-22-2 for the coordination of the program.
(2) Administer state and federal money for the program.
(3) Develop and implement a process for the management and operation of the program locally through the area agencies on aging based upon criteria developed by the division.
(4) Approve the selection of community and home care services providers based upon criteria developed by the division.
(5) Review and approve community and home care services plans developed by services providers.
(6) Provide training and technical assistance for the staff providers.
(7) Select or contract with agencies throughout Indiana to provide community and home care services.
(8) Assist the office in applying for Medicaid waivers from the United States Department of Health and Human Services to fund community and home care services needed by eligible individuals under this chapter.
(9) Have self-directed care options and services available for an eligible individual who chooses self-directed care services.
[Pre-1992 Revision Citation: 4-28-6.1-13.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.10; P.L.154-1995, SEC.3; P.L.112-1997, SEC.2; P.L.47-2009, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-6.3. Long Term Care Eligibility Screen; Publication; Public Inspection

Sec. 6.3. (a) The division shall file for publication in the Indiana Register a copy of the long term care services eligibility screen.
(b) The division shall:
(1) keep on file in the division's office; and
(2) make available for public inspection during regular business hours;
a copy of the long term care services eligibility screen.
(c) The division shall provide a copy of the long term care services eligibility screen to any individual upon request.
As added by P.L.150-1995, SEC.11.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-6.5. Restrictions on Adoption of Rules or Criteria Governing Eligibility

Sec. 6.5. (a) The division shall not adopt any rule governing the eligibility of an individual under this chapter that is more restrictive than the definition of eligible individual in section 4 of this chapter.
(b) The division and the board shall not adopt an eligibility criterion that is more restrictive than the definition of eligible individual described in section 4 of this chapter.
(c) Any:
(1) eligibility rule adopted by the division; or
(2) eligibility criterion adopted by the division or the board;
must be specific to the program established under this chapter and may not be defined by reference to a rule, guideline, or procedure for another program or service, for a service provided under a Medicaid waiver, or for institutional care.
As added by P.L.150-1995, SEC.12.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-6.7. Collaborative Workgroup; Development of Policies

Sec. 6.7. The division shall convene collaborative workgroups with the area agencies on aging to develop policies that establish the following:
(1) A person-centered planning process, supported by a needs-based assessment tool, that may be integrated with existing case management systems, to be used in determining a client's needs and plan of care under section 1(2) of this chapter. The needs-based assessment must:
(A) document available supports and unmet needs that impact a client's ability to ensure a safe and independent living environment; and
(B) include a standardized caregiver assessment.
(2) The percentage of program dollars adequate to provide case management services.
(3) Training necessary to effectively carry out this chapter.
(4) Data collection standards.
(5) Program performance measures.
(6) A cost participation schedule for program recipients as required by section 4(c) of this chapter.
As added by P.L.87-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-7. Agency Conducting Case Management Not to Provide Services; Exception

Sec. 7. (a) Except as provided in subsection (b), the case management under this chapter of an individual leading to participation in the program may not be conducted by any agency that delivers services under the program.
(b) If the division determines that there is no alternative agency capable of delivering services to the individual, the area agency on aging that performs the assessment under the program may also deliver the services.
[Pre-1992 Revision Citation: 4-28-6.1-14.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.13; P.L.154-1995, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-8. Distribution of Funds for Home Health Services

Sec. 8. Except as provided in section 9 of this chapter, state money for home health services under this chapter must be distributed only to licensed health care professionals, facilities, and agencies.
[Pre-1992 Revision Citation: 4-28-6.1-15.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-9. Eligible Individuals' Relatives Training Program; Reimbursement for Provision of Services by Relative

Sec. 9. (a) The division shall establish a program to train relatives of eligible individuals to provide homemaker and personal care services to those eligible individuals.
(b) Relatives of eligible individuals who complete the training program established under this section are eligible for reimbursement under this chapter or under the Medicaid program for the provision of homemaker and personal care services to those eligible individuals. Reimbursement under the Medicaid program is limited to those cases in which the provision of homemaker and personal care services to an eligible individual by a relative results in financial hardship to the relative.
[Pre-1992 Revision Citation: 4-28-6.1-16(b), (c).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-10. Services Funding; Source

Sec. 10. Federal social services block grant money shall be used to fund services under this chapter that are not otherwise reimbursable under the Medicaid program.
[Pre-1992 Revision Citation: 4-28-6.1-16(d).]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-11. Reporting Requirement; Contents; Submission to Board and General Assembly; Funding

Sec. 11. (a) Before October 1 of each year, the division, in conjunction with the office of the secretary, shall prepare a report for review by the board and the general assembly. The report must include the following information regarding clients and services of the community and home options to institutional care for the elderly and disabled program and other long term care home and community based programs:
(1) The amount and source of all local, state, and federal dollars spent.
(2) The use of the community and home options to institutional care for the elderly and disabled program in supplementing the funding of services provided to clients through other programs.
(3) The number and types of participating providers.
(4) An examination of:
(A) demographic characteristics; and
(B) impairment and medical characteristics.
(5) A comparison of costs for all publicly funded long term care programs.
(6) Client care outcomes.
(7) A determination of the estimated number of applicants for services from the community and home options to institutional care for the elderly and disabled program who have:
(A) one (1) assessed activity of daily living that cannot be performed;
(B) two (2) assessed activities of daily living that cannot be performed; and
(C) three (3) or more assessed activities of daily living that cannot be performed;
and the estimated effect of the results under clauses (A), (B), and (C) on program funding, program savings, client access, client care outcomes, and comparative costs with other long term care programs.
(b) After receiving the report described in subsection (a), the board may do the following:
(1) Review and comment on the report.
(2) Solicit public comments and testimony on the report.
(3) Incorporate its own opinions into the report.
(c) The board shall submit the report in an electronic format under IC 5-14-6 along with any additions made under subsection (b) to the general assembly after November 15 and before December 31 each year.
(d) Funding for the report must come entirely from:
(1) funds already available for similar purposes;
(2) discretionary funds available to the division or the office of the secretary;
(3) reversion funds; and
(4) private funds and grants.
As added by P.L.150-1995, SEC.14. Amended by P.L.2-1996, SEC.233; P.L.28-2004, SEC.91.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-12. Negotiation of Reimbursement Rates

Sec. 12. (a) The office of the secretary, in consultation with the local area agencies on aging, shall negotiate reimbursement rates for services provided under this chapter.
(b) Payments for services under this chapter may not be counted in a Medicaid recipient's spend down requirement in IC 12-15.
As added by P.L.246-2005, SEC.100.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 10. Community and Home Options to Institutional Care for the Elderly and Disabled Program › 12-10-10-13. Area Agencies on Aging Representative at Board Meeting; Report

Sec. 13. One (1) or more representatives of the area agencies on aging shall appear at each regularly scheduled meeting of the community and home options to institutional care for the elderly and disabled board established by IC 12-10-11-1 and report on the progress of the program.
As added by P.L.87-2017, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-1. Establishment of Board

Sec. 1. The community and home options to institutional care for the elderly and disabled board is established.
[Pre-1992 Revision Citation: 4-28-6.1-7.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-2. Membership; Appointment; Vacancy; Notice to Public of Nomination Process

Sec. 2. (a) The board consists of the following fifteen (15) members:
(1) The director of the division of aging or the director's designee.
(2) The chairman of the Indiana state commission on aging or the chairman's designee.
(3) Three (3) citizens nominated by two (2) or more organizations that:
(A) represent senior citizens; and
(B) have statewide membership.
(4) One (1) citizen nominated by one (1) or more organizations that:
(A) represent individuals with disabilities, including individuals who are less than eighteen (18) years of age; and
(B) have statewide membership.
(5) One (1) citizen nominated by one (1) or more organizations that:
(A) represent individuals with mental illness, including dementia; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, physician assistant, or registered nurse who specializes either in the field of gerontology or in the field of disabilities.
(8) Two (2) home care services advocates or policy specialists nominated by two (2) or more:
(A) organizations;
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an organization listed in subdivision (3) that represents senior citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members of the same political party, appointed by the president pro tempore of the senate with the advice of the minority leader of the senate.
(10) Two (2) members of the house of representatives, who may not be members of the same political party, appointed by the speaker of the house of representatives with the advice of the minority leader of the house of representatives.
The members of the board listed in subdivisions (9) and (10) are nonvoting members.
(b) The members of the board designated by subsection (a)(3) through (a)(8) shall be appointed by the governor for terms of four (4) years. The term of a member of the board expires July 1. However, a member may continue to serve until a successor is appointed. In case of a vacancy, the governor shall appoint an individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to notify the public of the board's nomination process described in this chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental agencies that work with the division on home care issues and programs.
[Pre-1992 Revision Citation: 4-28-6.1-8.]
As added by P.L.2-1992, SEC.4. Amended by P.L.150-1995, SEC.15; P.L.137-2005, SEC.1; P.L.145-2006, SEC.68; P.L.210-2015, SEC.17; P.L.32-2021, SEC.28.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-3. Per Diem; Expenses Reimbursement

Sec. 3. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1992 Revision Citation: 4-28-6.1-9.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-4. Meetings

Sec. 4. The board shall meet at least six (6) times a year.
[Pre-1992 Revision Citation: 4-28-6.1-10 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-5. Officers; Election

Sec. 5. Each year the board shall elect from its membership a chairman and vice chairman.
[Pre-1992 Revision Citation: 4-28-6.1-10 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-6. Deliberations Procedures

Sec. 6. The board shall establish procedures to govern its deliberations.
[Pre-1992 Revision Citation: 4-28-6.1-10 part.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-7. Staff Services

Sec. 7. The division shall provide staff services for the board.
[Pre-1992 Revision Citation: 4-28-6.1-11.]
As added by P.L.2-1992, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11. Community and Home Options to Institutional Care for the Elderly and Disabled Board › 12-10-11-9. Board Review of Proposed Rules on Community and Home Options to Institutional Care for the Elderly and Disabled Program; Failure to Review Voids Rules

Sec. 9. (a) The board shall be given the opportunity to review and recommend changes to a proposed rule concerning the community and home options to institutional care for the elderly and disabled program under IC 12-10-10 for:
(1) elderly individuals; or
(2) individuals with disabilities;
before the proposed rule may be published in the Indiana Register. The proposed rule must be distributed to the board at least one (1) month before the board's next regularly scheduled meeting.
(b) If the proposing agency fails to give the board the opportunity to review and recommend changes to a proposed rule described in subsection (a), the rule:
(1) is void; and
(2) must be withdrawn by the proposing agency.
As added by P.L.137-2005, SEC.3. Amended by P.L.209-2018, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-1. "Institution"

Sec. 1. As used in this chapter, "institution" means any of the following:
(1) A health facility licensed under IC 16-28 as a comprehensive care facility.
(2) An intermediate care facility for individuals with intellectual disabilities.
As added by P.L.274-2003, SEC.5. Amended by P.L.35-2016, SEC.14; P.L.173-2018, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-2. Subjectivity; Responsibility of Ensuring Costs

Sec. 2. (a) This chapter is subject to funding available to the office of the secretary of family and social services.
(b) The secretary and the director of the state budget agency are responsible for ensuring that the cost of the services provided under this chapter does not exceed the total amount of funding, including state and federal funds, that is made available by the budget agency for the program established under this chapter to provide long term care, including home and community based services.
As added by P.L.274-2003, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-3. Establishment of Home and Community Based Long Term Care Services

Sec. 3. The office of the secretary of family and social services shall establish a comprehensive program of home and community based long term care services to provide eligible individuals with care that is not more costly than services provided to similarly situated individuals who reside in institutions.
As added by P.L.274-2003, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-4. Eligibility

Sec. 4. An individual who has resided in the state for at least ninety (90) days shall be eligible for the home and community based long term care services program if the individual:
(1) participates in, or has been determined to be eligible for, the community and home options to institutional care for the elderly and disabled program established by IC 12-10-10-6; or
(2) meets the following requirements, which must meet the general eligibility standards for an individual receiving services under a home and community based Medicaid waiver:
(A) Has an income of not more than three hundred percent (300%) of the federal Supplemental Security Income level.
(B) Is unable to perform at least three (3) activities of daily living determined by an assessment conducted by an area agency on aging case manager or any other agency the state has contracted with to perform assessments.
(C) Is at risk of being placed in an institution or is currently residing in an institution and has been determined to be eligible for services under IC 12-10-10 or under a home and community based Medicaid waiver.
As added by P.L.274-2003, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-4.5. Functional Eligibility Assessments and Determinations; Report

Sec. 4.5. (a) As used in this section, "functional eligibility assessment" means a review of an individual's functional impairment level to determine whether an individual meets the eligibility requirements for the state's Medicaid aged and disabled waiver.
(b) As used in this section, "functional eligibility determination" means making a final decision concerning whether an individual meets the proper level of care requirements to receive services under the state's Medicaid aged and disabled waiver.
(c) Not later than June 30, 2025, the office shall provide at least one (1) statewide option other than the area agencies on aging for functional eligibility determinations for the state's Medicaid aged and disabled waiver.
(d) Not later than October 1, 2023, and every subsequent two (2) years, the office of the secretary, in consultation with home and community based health care providers that provide Medicaid services and the area agencies on aging, shall report the following information and analysis to the budget committee and the legislative council in an electronic format under IC 5-14-6:
(1) The average length of time taken by each area agency on aging to conduct functional eligibility assessments and make functional eligibility determinations for individuals seeking home and community based Medicaid services.
(2) The average length of time taken by each entity approved by the office of the secretary to conduct functional eligibility assessments and make functional eligibility determinations for individuals seeking home and community based Medicaid services under the state's Medicaid aged and disabled waiver.
(3) A plan for determining functional eligibility of individuals seeking home and community based Medicaid services not later than seventy-two (72) hours from the completion of an eligibility assessment, including a time frame for implementation of the plan and specific metrics and compliance measures that will be used to improve the time frame for functional eligibility assessments and functional eligibility determinations.
(e) The office of the secretary shall:
(1) publish the report described in subsection (d) on the office of the secretary's website; and
(2) share the report with all home and community based providers that provide services for the Medicaid aged and disabled waiver.
(f) This section expires December 1, 2029.
As added by P.L.149-2023, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-5. Access to Services

Sec. 5. The state shall provide access to the following long term care services that are appropriate and needed for an individual who is eligible for these services under this chapter:
(1) Any home and community based service that is available through:
(A) the community and home options to institutional care for the elderly and disabled program; or
(B) any state Medicaid waiver.
(2) Personal care services.
(3) Self-directed care.
(4) Assisted living.
(5) Adult family care.
(6) Adult day care services.
(7) The provision of durable medical equipment or devices.
(8) Housing modifications.
(9) Adaptive medical equipment and devices.
(10) Adaptive nonmedical equipment and devices.
(11) Any other service that is necessary to maintain an individual in a home and community based setting.
As added by P.L.274-2003, SEC.5. Amended by P.L.210-2015, SEC.18.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-6. Determination of Savings; Report

Sec. 6. (a) The office of the secretary of family and social services shall annually determine any state savings generated by home and community based services under this chapter by reducing the use of institutional care.
(b) The secretary shall annually report to the governor, the budget agency, the budget committee, the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4, and the executive director of the legislative services agency the savings determined under subsection (a). A report under this subsection to the executive director of the legislative services agency must be in an electronic format under IC 5-14-6.
(c) Savings determined under subsection (a) may be used to fund the state's share of additional home and community based Medicaid waiver slots.
As added by P.L.274-2003, SEC.5. Amended by P.L.28-2004, SEC.92; P.L.97-2004, SEC.50; P.L.205-2013, SEC.182; P.L.53-2014, SEC.98.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-7. Use of Volunteers

Sec. 7. When possible, the office of the secretary of family and social services shall make use of volunteers and volunteer groups, including faith based groups, when executing its duties under this chapter.
As added by P.L.274-2003, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 11.5. Long Term Care Services › 12-10-11.5-9. Issuance of Written Findings of Inspection; Time Frame

Sec. 9. If the division performs inspections for compliance with state and federal home and community based services requirements, the division shall issue written findings to the person inspected not later than thirty (30) calendar days after the date of inspection.
As added by P.L.173-2018, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-1. Repealed

[Pre-1992 Revision Citation: 16-10-4.5-1.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 10. Aging Services › Chapter 13. Long Term Care Ombudsman Program › 12-10-13-2. Repealed

[Pre-1992 Revision Citation: 16-10-4.5-5.]
As added by P.L.2-1992, SEC.4. Repealed by P.L.139-1993, SEC.24.