Ind. Code ch. 12-10-11.5

Ind. Code ch. 12-10-11.5
in effect

Ind. Code § 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 as a comprehensive care facility. (2) An intermediate care facility for individuals with intellectual disabilities. As added by P.L.274-2003, SEC.5. Amended by P.L.35-2016, SEC.14; P.L.173-2018, SEC.2.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 12-10-11.5-4.5 Functional eligibility assessments and determinations; report

Sec. 4.5. (a) As used in this section, "functional eligibility assessment" means a review of an individual's functional impairment level to determine whether an individual meets the eligibility requirements for the state's Medicaid aged and disabled waiver. (b) As used in this section, "functional eligibility determination" means making a final decision concerning whether an individual meets the proper level of care requirements to receive services under the state's Medicaid aged and disabled waiver. (c) Not later than June 30, 2025, the office shall provide at least one (1) statewide option other than the area agencies on aging for functional eligibility determinations for the state's Medicaid aged and disabled waiver. (d) Not later than October 1, 2023, and every subsequent two (2) years, the office of the secretary, in consultation with home and community based health care providers that provide Medicaid services and the area agencies on aging, shall report the following information and analysis to the budget committee and the legislative council in an electronic format under IC 5-14-6: (1) The average length of time taken by each area agency on aging to conduct functional eligibility assessments and make functional eligibility determinations for individuals seeking home and community based Medicaid services. (2) The average length of time taken by each entity approved by the office of the secretary to conduct functional eligibility assessments and make functional eligibility determinations for individuals seeking home and community based Medicaid services under the state's Medicaid aged and disabled waiver. (3) A plan for determining functional eligibility of individuals seeking home and community based Medicaid services not later than seventy-two (72) hours from the completion of an eligibility assessment, including a time frame for implementation of the plan and specific metrics and compliance measures that will be used to improve the time frame for functional eligibility assessments and functional eligibility determinations. (e) The office of the secretary shall: (1) publish the report described in subsection (d) on the office of the secretary's website; and (2) share the report with all home and community based providers that provide services for the Medicaid aged and disabled waiver. (f) This section expires December 1, 2029. As added by P.L.149-2023, SEC.7.

Ind. Code § 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 family 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. Amended by P.L.210-2015, SEC.18.

Ind. Code § 12-10-11.5-6 Repealed

As added by P.L.274-2003, SEC.5. Amended by P.L.28-2004, SEC.92; P.L.97-2004, SEC.50; P.L.205-2013, SEC.182; P.L.53-2014, SEC.98. Repealed by P.L.174-2025, SEC.22.

Ind. Code § 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.

Ind. Code § 12-10-11.5-8 Repealed

As added by P.L.224-2017, SEC.1. Amended by P.L.173-2018, SEC.3; P.L.10-2019, SEC.56; P.L.56-2023, SEC.89; P.L.149-2023, SEC.8. Repealed by P.L.174-2025, SEC.23.

Ind. Code § 12-10-11.5-9 Issuance of written findings of inspection; time frame

Sec. 9. If the division performs inspections for compliance with state and federal home and community based services requirements, the division shall issue written findings to the person inspected not later than thirty (30) calendar days after the date of inspection. As added by P.L.173-2018, SEC.4.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026

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