IC 12-10-11.5
    Chapter 11.5. Long Term Care Services

IC 12-10-11.5-1
"Institution"
    Sec. 1. As used in this chapter, "institution" means any of thefollowing:
        (1) A health facility licensed under IC 16-28.
        (2) An intermediate care facility for the mentally retarded.
As added by P.L.274-2003, SEC.5.

IC 12-10-11.5-2
Subjectivity; responsibility of ensuring costs
    Sec. 2. (a) This chapter is subject to funding available to theoffice of the secretary of family and social services.
    (b) The secretary and the director of the state budget agency areresponsible for ensuring that the cost of the services provided underthis chapter does not exceed the total amount of funding, includingstate and federal funds, that is made available by the budget agencyfor the program established under this chapter to provide long termcare, including home and community based services.
As added by P.L.274-2003, SEC.5.

IC 12-10-11.5-3
Establishment of home and community based long term careservices
    Sec. 3. The office of the secretary of family and social servicesshall establish a comprehensive program of home and communitybased long term care services to provide eligible individuals withcare that is not more costly than services provided to similarlysituated individuals who reside in institutions.
As added by P.L.274-2003, SEC.5.

IC 12-10-11.5-4
Eligibility
    Sec. 4. An individual who has resided in the state for at leastninety (90) days shall be eligible for the home and community basedlong term care services program if the individual:
        (1) participates in, or has been determined to be eligible for, thecommunity and home options to institutional care for theelderly and disabled program established by IC 12-10-10-6; or
        (2) meets the following requirements, which must meet thegeneral eligibility standards for an individual receiving servicesunder 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 dailyliving determined by an assessment conducted by an areaagency on aging case manager or any other agency the statehas contracted with to perform assessments.            (C) Is at risk of being placed in an institution or is currentlyresiding in an institution and has been determined to beeligible for services under IC 12-10-10 or under a home andcommunity based Medicaid waiver.
As added by P.L.274-2003, SEC.5.

IC 12-10-11.5-5
Access to services
    Sec. 5. The state shall provide access to the following long termcare services that are appropriate and needed for an individual whois eligible for these services under this chapter:
        (1) Any home and community based service that is availablethrough:
            (A) the community and home options to institutional care forthe elderly and disabled program; or
            (B) any state Medicaid waiver.
        (2) Personal care services.
        (3) Self-directed care.
        (4) Assisted living.
        (5) Adult foster 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 anindividual in a home and community based setting.
As added by P.L.274-2003, SEC.5.

IC 12-10-11.5-6
Determination of savings; report
    Sec. 6. (a) The office of the secretary of family and social servicesshall annually determine any state savings generated by home andcommunity based services under this chapter by reducing the use ofinstitutional care.
    (b) The secretary shall annually report to the governor, the budgetagency, the budget committee, the select joint commission onMedicaid oversight, and the executive director of the legislativeservices agency the savings determined under subsection (a). Areport under this subsection to the executive director of thelegislative services agency must be in an electronic format underIC 5-14-6.
    (c) Savings determined under subsection (a) may be used to fundthe state's share of additional home and community based Medicaidwaiver slots.
As added by P.L.274-2003, SEC.5. Amended by P.L.28-2004,SEC.92; P.L.97-2004, SEC.50.

IC 12-10-11.5-7
Use of volunteers    Sec. 7. When possible, the office of the secretary of family andsocial services shall make use of volunteers and volunteer groups,including faith based groups, when executing its duties under thischapter.
As added by P.L.274-2003, SEC.5.