This text of Indiana § 12-10-6-2.1 (Residential care assistance; eligibility; alternative placement for
individuals with an intellectual disability; personal allowance and other
amounts retained) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)An individual who is incapable of
residing in the individual's own home may apply for residential care
assistance under this section. The determination of eligibility for
residential care assistance is the responsibility of the division. Except
as provided in subsection (h), an individual is eligible for residential
care assistance if the division determines that the individual:
(1)is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2)is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3)requires a degree of care less than that provided by a health
care facility licensed under IC 16-28;
(4)can be adequately cared for in a residential care setting; and
(5)has not made any asset transfe
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1. (a) An individual who is incapable of
residing in the individual's own home may apply for residential care
assistance under this section. The determination of eligibility for
residential care assistance is the responsibility of the division. Except
as provided in subsection (h), an individual is eligible for residential
care assistance if the division determines that the individual:
(1) is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2) is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health
care facility licensed under IC 16-28;
(4) can be adequately cared for in a residential care setting; and
(5) has not made any asset transfer prohibited under the state plan
or in 42 U.S.C. 1396p(c) in order to be eligible for Medicaid.
(b) Individuals with an intellectual disability may not be admitted
to a home or facility that provides residential care under this section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility
under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility
under subsection (a), including a review of the existing
evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this
subsection has an intellectual disability, the service coordinator may
recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care
consists of only room, board, and laundry, along with minimal
administrative direction. The recipient may retain from the recipient's
income a monthly personal allowance of fifty-two dollars ($52). This
amount is exempt from income eligibility consideration by the division
and may be exclusively used by the recipient for the recipient's
personal needs. However, if the recipient's income is less than the
amount of the personal allowance, the division shall pay to the
recipient the difference between the amount of the personal allowance
and the recipient's income. A reserve or an accumulated balance from
such a source, together with other sources, may not be allowed to
exceed the state's resource allowance allowed for adults eligible for
state supplemental assistance or Medicaid as established by the rules
of the office of Medicaid policy and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount 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 person's paycheck for that
month for payment of state income tax, federal income tax, and
the tax prescribed by the federal Insurance Contribution Act (26
U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(h) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(i) The director of the division may contract with the division of
mental health and addiction or the division of disability and
rehabilitative services to purchase services for individuals with a
mental illness or a developmental disability by providing money to
supplement the appropriation for community based residential care
programs established under IC 12-22-2 or community based residential
programs established under IC 12-11-1.1-1.
(j) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.