Citations Affected:
IC 12-7-2-46.2
;
IC 12-10-6
;
IC 12-30-4-12.
Synopsis: County home account. Creates the county home account
within the state general fund and makes an appropriation to the
account. Establishes nonmedical assistance payments to be made for
county home residents to county homes. Requires the office of the
secretary of family and social services to make payments from the
account to county homes.
Effective: July 1, 2003.
January 23, 2003, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services and to make an appropriation.
SECTION 1.
IC 12-7-2-46.2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 46.2. "County home",
for purposes of IC 12-10, IC 12-20, and IC 12-30, means a residential
facility owned, staffed, maintained, and operated by a county
government for eligible county residents who are able to perform
activities of daily living with little or no assistance, including the
following activities:
(1) Bathing.
(2) Dressing.
(3) Grooming.
(4) Walking.
(5) Using the toilet.
(6) Eating.
SECTION 2.
IC 12-10-6-1
, AS AMENDED BY P.L.294-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. (a) An individual who:
(1) is at least sixty-five (65) years of age, blind, or disabled; and
Holocaust victim's settlement payment. The payment is exempt from
income eligibility consideration by the division.
(g) (f) 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) (c) 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) The division of disability, aging, and rehabilitative services, in
cooperation with the state department of health taking into account
licensure requirements under IC 16-28, shall adopt rules under
IC 4-22-2 governing the reimbursement to facilities under this section.
The rules must be designed to determine the costs that must be incurred
by efficiently and economically operated facilities to provide room,
board, laundry, and other services, along with minimal administrative
direction to individuals who receive residential care in the facilities
under this section. A rule adopted under this subsection by:
(1) the division; or
(2) the state department of health;
must conform to the rules for residential care facilities that are licensed
under IC 16-28.
(i) A rate established under this section may be appealed according
to the procedures under IC 4-21.5.
(j) The division shall annually review each facility's rate using the
following:
(1) Generally accepted accounting principles.
(2) The costs incurred by efficiently and economically operated
facilities in order to provide care and services in conformity with
quality and safety standards and applicable laws and rules.
SECTION 3.
IC 12-10-6-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.5. (a) The county home account within the state
general fund is established for the purpose of making nonmedical
assistance payments to county homes (as defined in
IC 12-7-2-46.2
).
This account shall be administered by the office of the secretary of
family and social services.
(b) The expenses of administering the account shall be paid from
money in the account.
(c) The treasurer of state shall invest the money in the account
not currently needed to meet the obligations of the account in the
same manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the account.
(d) There is annually appropriated to the county home account
four million two hundred thousand dollars ($4,200,000) from the
state general fund for use in making payments to county homes
under section 1(b) of this chapter.
SECTION 4.
IC 12-30-4-12
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 12. The office of the secretary of family and social
services shall make nonmedical assistance payments on behalf of
a resident in a county home as set forth in
IC 12-10-6-1
(b).