January 16, 2008, read first time and referred to Committee on Public Health.
Introduced
Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1387
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-10-6-1; (08)IN1387.1.1. -->
SECTION 1. IC 12-10-6-1, AS AMENDED BY P.L.99-2007,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) An individual who:
(1) is at least sixty-five (65) years of age, is blind, or has a
disability; and
(2) is a resident of a county home;
is eligible to receive assistance payments from the state if the
individual would be eligible for assistance under the federal
Supplemental Security Income program except for the fact that the
individual is residing in a county home.
(b) The amount of nonmedical assistance to be paid on behalf of a
resident in a county home must be based on the daily rate established
by the division. The rate for facilities under this section and licensed
under IC 16-28 may not exceed an upper rate limit established by a rule
adopted by the division.
(c) The rate for facilities under this section but not licensed under
IC 16-28 must be the lesser of:
(1) an upper rate limit established by a rule adopted by the
division; or
(2) a reasonable and adequate rate to meet the costs, determined
by generally accepted accounting principles, that are 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.
(d) The recipient shall be paid or allowed to retain from the
recipient's income a monthly personal allowance. The amount:
(1) is
fifty-two dollars ($52); sixty dollars ($60);
(2) is exempt from income eligibility consideration by the
division; and
(3) may be exclusively used by the recipient for personal needs.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual is 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 the month occurs. This amount is exempt
from income eligibility consideration by the division. The amount
retained shall be used by the individual to pay 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) The division, 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.
SOURCE: IC 12-15-7-2; (08)IN1387.1.2. -->
SECTION 2. IC 12-15-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. Fifty-two dollars
($52) Sixty dollars ($60) monthly may be exempt from income
eligibility consideration.