IC 12-15-32
    Chapter 32. Community Residential Facilities for theDevelopmentally Disabled

IC 12-15-32-1
Facility defined
    Sec. 1. As used in this chapter, "facility" means a facility licensedunder IC 12-28-5 and certified under Title XIX of the Social SecurityAct (42 U.S.C. 1396 et seq.) as an intermediate care facility for thementally retarded.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-2
Reimbursement for cost of services provided; authorization
    Sec. 2. The office shall reimburse community residential facilitiesfor the developmentally disabled for the cost of the Medicaidservices that are provided by the facility to individuals who areeligible for Medicaid.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-3
Repealed
    (Repealed by P.L.78-1994, SEC.4.)

IC 12-15-32-4
Reimbursement rate criteria; necessary factors
    Sec. 4. The criteria for reimbursement under this chapter mustinclude the following:
        (1) The method of determining initial rates of reimbursement.
        (2) The method of determining the maximum rate ofreimbursement.
        (3) The frequency of rate reviews.
        (4) The method of depreciating the buildings comprising thefacilities.
        (5) The establishment of a maximum depreciation expense.
        (6) The inclusion of first aid supplies as a part of the roomcharge.
        (7) The establishment of maximum costs of equipmentpurchases or repairs that may be allowed as depreciationexpenses.
        (8) The establishment of limitations on allowable interestexpenses.
        (9) The establishment of a limit on the duration of financing.
As added by P.L.2-1992, SEC.9. Amended by P.L.78-1994, SEC.3.

IC 12-15-32-4.5
Reimbursement for staff hours of employees
    Sec. 4.5. (a) This section applies to a community residentialfacility for the developmentally disabled licensed as a child rearingresidence that:        (1) is a home exclusively for children;
        (2) has a behavior management program staffed by:
            (A) a behavior management consultant; or
            (B) personnel;
        to develop and monitor behavioral training, developmentaltraining, and support in specific areas for all residents whofunction on a similar level; and
        (3) does not have more than six (6) beds.
    (b) A community residential facility for the developmentallydisabled is entitled to Medicaid reimbursement within availableappropriations for staff hours of employees:
        (1) hired to work at least two thousand eighty (2,080) paid staffhours per year per employee; and
        (2) when the reimbursement requested is for not more thantwelve (12) staff hours per resident per day.
As added by P.L.255-1996, SEC.7.

IC 12-15-32-5
Special interim rates
    Sec. 5. The office may establish a special interim rate for eachcommunity residential facility to ensure that the reasonable specialcosts involved in the initial year of operation of a facility arereimbursed.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-6
Facility residents; personal allowance; range of amounts
    Sec. 6. The office shall allow a resident of a facility who isreceiving Medicaid to retain a personal allowance of fifty-two dollars($52) each month.
As added by P.L.2-1992, SEC.9. Amended by P.L.294-2001, SEC.5.

IC 12-15-32-6.5
Payment calculation for federal SSI recipient; exemption fromincome eligibility consideration
    Sec. 6.5. (a) If a resident of a facility:
        (1) is a recipient of assistance under the federal SupplementalSecurity Income (SSI) program; and
        (2) receives an income that is less than the amount described insection 6 of this chapter;
the office shall pay to the individual an amount equal to thedifference between the amount of the monthly personal allowancedescribed in section 6 of this chapter and the amount of income,including assistance under the federal Supplemental Security Income(SSI) program received by the individual.
    (b) Money paid to an individual under subsection (a) is exemptfrom income eligibility consideration.
As added by P.L.294-2001, SEC.6. Amended by P.L.26-2003, SEC.2.

IC 12-15-32-7 Rules; functioning level of resident; personal allowance
    Sec. 7. The secretary may adopt rules under IC 4-22-2 to do thefollowing:
        (1) Establish criteria based on the functioning level of theresidents.
        (2) Determine the personal allowance to which each resident isentitled.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-8
Personal allowance; income eligibility consideration; exemption
    Sec. 8. A personal allowance is exempt from income eligibilityconsideration by the office.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-9
Personal allowance; individuals employed as part of habilitationplan or working in sheltered workshop or day activity center
    Sec. 9. The personal allowance for one (1) month for anindividual described in section 6 of this chapter whose employmentis part of the individual's habilitation plan or who is working in asheltered workshop or day activity center is the amount that a personwould be entitled to retain under section 6 of this chapter plus anamount equal to one-half (1/2) of the remainder of:
        (1) gross earned income for that month; minus
        (2) the sum of:
            (A) sixteen dollars ($16); plus
            (B) the amount withheld from the individual's paycheck forthat month for payment of state income tax, federal incometax, and the tax prescribed by the Federal InsuranceContribution Act (26 U.S.C. 3101 et seq.); plus
            (C) transportation expenses for that month.
As added by P.L.2-1992, SEC.9.

IC 12-15-32-10
Placement in facility; diagnostic evaluations
    Sec. 10. (a) An applicant for Medicaid who desires to be placedin a community residential facility must first receive a diagnosticevaluation to be provided by the division of disability andrehabilitative services.
    (b) Subsequent diagnostic evaluations by the division of disabilityand rehabilitative services shall be provided at least every twelve(12) months to review the individual's need for services.
    (c) The office shall consider the evaluations in determining theappropriateness of placement.
As added by P.L.2-1992, SEC.9. Amended by P.L.4-1993, SEC.118;P.L.5-1993, SEC.131; P.L.141-2006, SEC.55.

IC 12-15-32-11
Assessment upon total annual revenue of certain nonstate facilities;

Medicaid assessment account; unavailability of federal matchingfunds
    Sec. 11. (a) The office may assess community residential facilitiesfor the developmentally disabled (as defined in IC 12-7-2-61) andintermediate care facilities for the mentally retarded (ICF/MR) (asdefined in IC 16-29-4-2) that are not operated by the state in anamount not to exceed ten percent (10%) of the total annual revenueof the facility for the facility's preceding fiscal year.
    (b) The assessments shall be paid to the office of Medicaid policyand planning in equal monthly amounts on or before the tenth day ofeach calendar month. The office may withhold Medicaid paymentsto a provider described in subsection (a) that fails to pay anassessment within thirty (30) days after the due date. The amountwithheld may not exceed the amount of the assessments due.
    (c) Revenue from the assessments shall be credited to a specialaccount within the state general fund to be called the Medicaidassessment account. Money in the account may be used only forservices for which federal financial participation under Medicaid isavailable to match state funds. An amount equivalent to the federalfinancial participation estimated to be received for services financedfrom assessments under subsection (a) shall be used to financeMedicaid services provided by facilities described in subsection (a).
    (d) If federal financial participation to match the assessments insubsection (a) becomes unavailable under federal law, the authorityto impose the assessments terminates on the date that the federalstatutory, regulatory, or interpretive change takes effect.
As added by P.L.27-1992, SEC.26. Amended by P.L.2-1993,SEC.102; P.L.291-2001, SEC.216; P.L.6-2002, SEC.6.