Introduced Version






SENATE BILL No. 329

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-10-12.

Synopsis: Preadmission screening for nursing homes. Specifies that a screening team's identification of an applicant for nursing facility services as mentally retarded or mentally ill must be based on written medical documentation that reasonably shows that the individual meets each component of the federal definitions of the terms. States that placement in a nursing facility may not be denied if the applicant has been diagnosed with spina bifida and the applicant's health provider has provided written documentation that the applicant needs the level of care provided in a nursing facility.

Effective: July 1, 2010.





Deig




    January 11, 2010, read first time and referred to Committee on Health and Provider Services.







Introduced

Second Regular Session 116th General Assembly (2010)


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SENATE BILL No. 329



    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 12-10-12-5; (10)IN0329.1.1. -->     SECTION 1. IC 12-10-12-5, AS AMENDED BY P.L.99-2007, SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5. (a) Except as provided in sections 27 through 31 of this chapter, an individual who is admitted to a nursing facility must first have been screened and approved for placement under the nursing facility preadmission screening program described in this chapter.
    (b) An individual who is identified by the screening team under section 16 of this chapter as an individual with a developmental disability who is mentally retarded or an individual who is mentally ill (as defined in 42 U.S.C. 1396r(e)(7)) must be assessed to determine the appropriateness of nursing facility placement and the need for specialized services. The screening team's identification under this subsection must be based on written medical documentation that reasonably shows that the individual meets each component of the federal definition of mental illness or mental retardation in 42 U.S.C. 1396r(e)(7)(G).
SOURCE: IC 12-10-12-19; (10)IN0329.1.2. -->     SECTION 2. IC 12-10-12-19 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 19. Placement in a nursing facility may not be denied if any of the following conditions exist:
        (1) Community services that would be more appropriate than care in a nursing facility are not actually available.
        (2) The cost of appropriate community services would exceed the cost of placement in a nursing facility.
        (3) The applicant:
            (A) has been determined to be eligible for assistance under the federal Medicaid program (42 U.S.C. 1396 et seq.);
            (B) needs a service that would make the applicant's placement in a nursing facility inappropriate when the service cannot be provided without the use of a new service made available under a home and community based services waiver approved by the Secretary of Health and Human Services under 42 U.S.C. 1396n; and
            (C) chooses not to receive the service described under clause (B).
        (4) The applicant has been diagnosed with spina bifida, and the applicant's health care provider has provided written documentation that the applicant needs the level of care provided in a nursing facility. Denial prohibited under this subdivision includes that an individual cannot be denied placement in a nursing facility that is approved to provide services under Medicaid.