SENATE BILL No. 329
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.
January 11, 2010, read first time and referred to Committee on Health and Provider
Second Regular Session 116th General Assembly (2010)
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 329
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
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
(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
(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.