Introduced Version






HOUSE BILL No. 1364

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-15-39.6-8; IC 12-31.

Synopsis: Long term care coverage. Requires the secretary of family and social services to establish a self-insurance plan for coverage of long term care services for all Indiana residents from 50 to 52 years of age. Requires a long term care insurer that administers the self-insurance plan to insure a resident covered under the self-insurance plan after the resident becomes 52 years of age. Requires the self-insurance plan and subsequent long term care insurance policy to be qualified for the asset disregard under the Medicaid program. Makes an appropriation.

Effective: Upon passage; July 1, 2008.





Turner, Welch, Brown T




    January 17, 2008, read first time and referred to Committee on Insurance.







Introduced

Second Regular Session 115th General Assembly (2008)


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HOUSE BILL No. 1364



    A BILL FOR AN ACT to amend the Indiana Code concerning human services and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 12-15-39.6-8; (08)IN1364.1.1. -->     SECTION 1. IC 12-15-39.6-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. An individual who is: either:
        (1) the beneficiary of a qualified long term care policy approved by the department of insurance; or
        (2) enrolled in a health maintenance organization that both provides long term care services and meets the requirements under sections 4 and 5 of this chapter; or
        (3) covered under the long term care coverage self-insurance plan provided by the state under IC 12-31-2;

is eligible for assistance under the Medicaid program using the asset disregard under section 10 of this chapter.
SOURCE: IC 12-31; (08)IN1364.1.2. -->     SECTION 2. IC 12-31 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
    ARTICLE 31. LONG TERM CARE COVERAGE
    Chapter 1. Definitions
    Sec. 1. The definitions in this chapter apply throughout this article.
    Sec. 2. "Long term care" has the meaning set forth in IC 12-15-39.6-1.
    Sec. 3. (a) "Long term care coverage" means coverage for at least twelve (12) consecutive months for a covered person on an expense incurred, indemnity, or prepaid basis for long term care.
    (b) The term does not include payment:
        (1) of coinsurance, deductibles, or premiums for other insurance policies;
        (2) for services covered by other insurance policies; or
        (3) for services covered by Parts A and B of the Medicare program (42 U.S.C. 1395 et seq.).
    Sec. 4. "Long term care insurance policy" has the meaning set forth in IC 27-8-12-5.
    Sec. 5. "Qualified long term care policy" has the meaning set forth in IC 12-15-39.6-5.
    Sec. 6. "Resident" means an individual who is a United States citizen and lives in Indiana for at least nine (9) months per calendar year.
    Chapter 2. Long Term Care Coverage
    Sec. 1. Beginning July 1, 2008, the state shall provide long term care coverage to every resident:
        (1) beginning on the date the resident becomes fifty (50) years of age and ending on the date the resident becomes fifty-two (52) years of age; and
        (2) at no cost to the resident.
    Sec. 2. (a) The long term care coverage provided under section 1 of this chapter must:
        (1) be provided through a plan of self-insurance that is:
            (A) administered by a long term care insurer; and
            (B) funded by the state; and
        (2) meet the qualification requirements that apply to a long term care insurance policy under IC 12-15-39.6.
    (b) Selection of a long term care insurer to administer the long term care coverage must be made in accordance with IC 5-22-9. The office shall ensure that a request for proposals is issued not later than April 30, 2008.
    Sec. 3. The long term care insurer that administers the long term care coverage provided to a resident under section 1 of this chapter shall, at the request of the resident and beginning on the date the resident becomes fifty-two (52) years of age:
        (1) provide long term care coverage to the resident through a qualified long term care policy issued by the long term care insurer; and
        (2) underwrite the qualified long term care policy as if the qualified long term care policy were issued on the date that the long term care coverage under the self-insurance plan began.
    Sec. 4. There is annually appropriated from the state general fund to the office of the secretary an amount sufficient to pay the expenses of providing long term care coverage under section 1 of this chapter.

SOURCE: ; (08)IN1364.1.3. -->     SECTION 3. An emergency is declared for this act.