Indiana § 12-15-1.3-15 Waiver amendment; emergency placement priority

Indiana Statutes

§ 12-15-1.3-15 — Waiver amendment; emergency placement priority

Indiana § 12-15-1.3-15

Art. 15MEDICAID

Ch. 1.3Medicaid Waivers and Plan Amendments

This text of Indiana § 12-15-1.3-15 (Waiver amendment; emergency placement priority) 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.

Bluebook

Ind. Code § 12-15-1.3-15 (2026).

Text

(a)As used in this section, "division" refers to the division of disability and rehabilitative services established by IC 12-9-1-1.

(b)As used in this section, "waiver" refers to any waiver administered by the office and the division under section 1915(c) of the federal Social Security Act.

(c)The office shall apply to the United States Department of Health and Human Services for approval to amend a waiver to set an emergency placement priority for individuals in the following situations:

(1)Death of a primary caregiver.

(2)The primary caregiver is at least eighty (80) years of age.

(3)There is evidence of abuse or neglect in the current institutional or home placement.

(4)There is evidence of other health and safety risks, as determined by the division director, where other availab

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(a) As used in this section, "division"
refers to the division of disability and rehabilitative services established
by IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver
administered by the office and the division under section 1915(c) of the
federal Social Security Act.
(c) The office shall apply to the United States Department of Health
and Human Services for approval to amend a waiver to set an
emergency placement priority for individuals in the following
situations:
(1) Death of a primary caregiver.
(2) The primary caregiver is at least eighty (80) years of age.
(3) There is evidence of abuse or neglect in the current
institutional or home placement.
(4) There is evidence of other health and safety risks, as
determined by the division director, where other available
services through:
(A) the Medicaid program and other federal, state, and local
public programs; and
(B) supports that families and communities provide;
are insufficient to address the other health and safety risks, as
determined by the division director.
(d) The division shall report on a quarterly basis the following
information to the division of disability and rehabilitative services
advisory council established by IC 12-9-4-2 concerning each Medicaid
waiver for which the office has been approved under this section to
administer an emergency placement priority for individuals described
in this section:
(1) The number of applications for emergency placement priority
waivers.
(2) The number of individuals served on the waiver.
(3) The number of individuals on a wait list for the waiver.
(e) Before July 1, 2021, the division, in coordination with the task
force established by IC 12-11-15.5-2, shall establish new priority
categories for individuals served by a waiver.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this section.

Legislative History

As added by P.L.220-2011, SEC.264. Amended by P.L.229-2011, SEC.122; P.L.35-2016, SEC.36; P.L.262-2019, SEC.5; P.L.156-2020, SEC.54; P.L.131-2024, SEC.9.