Bill Text: IN HB1278 | 2011 | Regular Session | Introduced
Bill Title: Grocery allowance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-12 - First reading: referred to Committee on Family, Children and Human Affairs [HB1278 Detail]
Download: Indiana-2011-HB1278-Introduced.html
Citations Affected: IC 12-10-6.
Synopsis: Grocery allowance. Provides that grocery assistance must
be included in considering payments for residential care assistance.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
SECTION 1. IC 12-10-6-2.1, AS AMENDED BY P.L.121-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2.1. (a) An individual who is incapable of residing
in the individual's own home may apply for residential care assistance
under this section. The determination of eligibility for residential care
assistance is the responsibility of the division. Except as provided in
subsections (g) and (i), an individual is eligible for residential care
assistance if the division determines that the individual:
(1) is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2) is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health
care facility licensed under IC 16-28;
(4) can be adequately cared for in a residential care setting; and
(5) has not made any asset transfer prohibited under the state plan
or in 42 U.S.C. 1396p(c) in order to be eligible for Medicaid.
(b) Individuals with mental retardation may not be admitted to a home or facility that provides residential care under this section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility under subsection (a), including a review of the existing evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this subsection has mental retardation, the service coordinator may recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care consists of only room, board, groceries, and laundry, along with minimal administrative direction. The division shall consider the local housing costs when considering the cost of providing room assistance. State financial assistance may be provided for such care in a boarding or residential home of the applicant's choosing that is licensed under IC 16-28 or a Christian Science facility listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., that meets certain life safety standards considered necessary by the state fire marshal. Payment for such care shall be made to the provider of the care according to division directives and supervision. The amount of nonmedical assistance to be paid on behalf of a recipient living in a boarding home, residential home, or Christian Science facility shall be based on the daily rate established by the division. The rate for facilities that are referred to in this section and licensed under IC 16-28 may not exceed an upper rate limit established by a rule adopted by the division. The recipient may retain from the recipient's income a monthly personal allowance of fifty-two dollars ($52). This amount is exempt from income eligibility consideration by the division and may be exclusively used by the recipient for the recipient's personal needs. However, if the recipient's income is less than the amount of the personal allowance, the division shall pay to the recipient the difference between the amount of the personal allowance and the recipient's income. A reserve or an accumulated balance from such a source, together with other sources, may not be allowed to exceed the state's resource allowance allowed for adults eligible for state supplemental assistance or Medicaid as established by the rules of the office of Medicaid policy and planning.
(e) In addition to the amount that may be retained as a personal allowance under this section, an individual shall be 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 that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any 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 rate of payment to the provider shall be determined in
accordance with a prospective prenegotiated payment rate predicated
on a reasonable cost related basis, with a growth of profit factor, as
determined in accordance with generally accepted accounting
principles and methods, and written standards and criteria, as
established by the division. The division shall establish an
administrative appeal procedure to be followed if rate disagreement
occurs if the provider can demonstrate to the division the necessity of
costs in excess of the allowed or authorized fee for the specific
boarding or residential home. The amount may not exceed the
maximum established under subsection (d).
(h) 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.
(i) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(j) The director of the division may contract with the division of
mental health and addiction or the division of disability and
rehabilitative services to purchase services for individuals with a
mental illness or a developmental disability by providing money to
supplement the appropriation for community residential care programs
established under IC 12-22-2 or community residential programs
established under IC 12-11-1.1-1.
(k) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.
(b) Beginning July 1, 2013, and every two (2) years thereafter, the division shall consider the rate of change in the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, for the two (2) year period and adjust the allowance provided under subsection (a) to reflect the actual and anticipated effect of inflation.
