(a)As used in this chapter, "eligible
individual" means an individual who meets the following criteria:
(1)Is a resident of Indiana.
(2)Is:
(A)at least sixty (60) years of age; or
(B)an individual with a disability.
(3)Except as provided in subdivision (5), for an individual who
applies initially to the program:
(A)before July 1, 2017, has assets that do not exceed five
hundred thousand dollars ($500,000), as determined by the
division; and
(B)after June 30, 2017, has assets that do not exceed two
hundred fifty thousand dollars ($250,000). In determining
assets under this clause, the division shall exclude an additional
twenty thousand dollars ($20,000) in countable assets.
(4)Qualifies under criteria developed by the board as having an
impairment that places the individual at ris
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(a) As used in this chapter, "eligible
individual" means an individual who meets the following criteria:
(1) Is a resident of Indiana.
(2) Is:
(A) at least sixty (60) years of age; or
(B) an individual with a disability.
(3) Except as provided in subdivision (5), for an individual who
applies initially to the program:
(A) before July 1, 2017, has assets that do not exceed five
hundred thousand dollars ($500,000), as determined by the
division; and
(B) after June 30, 2017, has assets that do not exceed two
hundred fifty thousand dollars ($250,000). In determining
assets under this clause, the division shall exclude an additional
twenty thousand dollars ($20,000) in countable assets.
(4) Qualifies under criteria developed by the board as having an
impairment that places the individual at risk of losing the
individual's independence, as described in subsection (b).
(5) An individual who applied initially to the program under IC 12-10-10.5 (expired June 30, 2017) between December 31, 2014,
and June 30, 2017, within:
(A) Area 1;
(B) Area 4;
(C) Area 13; or
(D) Area 14;
of the area agencies on aging and had assets that did not exceed
two hundred fifty thousand dollars ($250,000). In determining
assets under this subdivision, the division shall exclude an
additional twenty thousand dollars ($20,000) in countable assets.
(b) For purposes of subsection (a), an individual is at risk of losing
the individual's independence if the individual is unable to perform any
of the following:
(1) Two (2) or more activities of daily living. The use by or on
behalf of the individual of any of the following services or devices
does not make the individual ineligible for services under this
chapter:
(A) Skilled nursing assistance.
(B) Supervised community and home care services, including
skilled nursing supervision.
(C) Adaptive medical equipment and devices.
(D) Adaptive nonmedical equipment and devices.
(2) One (1) activity of daily living if, using the needs based
assessment established under section 6.7(1) of this chapter and in
accordance with written standards that are established by the
division under subsection (g), the area agency on aging
determines that addressing the single activity of daily living
would significantly reduce the likelihood of the individual's loss
of independence and the need for additional services.
(3) An activity that with targeted intervention or assistance with
the activity, using the needs based assessment established under
section 6.7(1) of this chapter and in accordance with written
standards that are established by the division under subsection
(g), the area agency on aging determines would significantly
reduce the likelihood of the individual's loss of independence and
the need for additional services.
(c) Subject to standards established under section 6.7(6) of this
chapter, the division shall establish a cost participation schedule for an
eligible individual based on the eligible individual's income and
countable assets. The cost participation schedule must comply with the
following:
(1) Exclude from cost participation an eligible individual whose
income and countable assets do not exceed one hundred fifty
percent (150%) of the federal income poverty level.
(2) In calculating income and countable assets for an eligible
individual, deduct the medical expenses of the following:
(A) The individual.
(B) The spouse of the individual.
(C) The dependent children of the individual.
(3) Exclude twenty thousand dollars ($20,000) of an eligible
individual's countable assets from consideration in determining an
eligible individual's cost participation.
(d) The division may require annual reverification for eligible
individuals who the division determines are likely to experience a
material increase in income or assets. An individual shall submit the
information requested by the division to carry out the reverification
allowed by this subsection.
(e) A case manager from an area agency on aging shall perform the
following:
(1) Initial verification of an individual's income and assets.
(2) Annual reverification of an eligible individual's income and
assets, as may be required by the division under subsection (d).
(f) The division may not require a family or other person to provide
services as a condition of an individual's eligibility for or participation
in the program.
(g) The division shall establish written standards setting forth
criteria that the area agencies on aging shall use in determining
whether an individual who is unable to perform one (1) activity of daily
living under subsection (b)(2) or one (1) activity under subsection
(b)(3) is eligible for the program.
[Pre-1992 Revision Citation: 4-28-6.1-5.]