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 the
following:
(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 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.
IC 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.
IC 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.
IC 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 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 an
individual 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 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 select joint commission on
Medicaid oversight, 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.
IC 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.
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 the
following:
(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 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.
IC 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.
IC 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.
IC 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 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 an
individual 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 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 select joint commission on
Medicaid oversight, 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.
IC 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.
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 the
following:
(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 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.
IC 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.
IC 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.
IC 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 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 an
individual 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 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 select joint commission on
Medicaid oversight, 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.
IC 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.
