Introduced Version
HOUSE BILL No. 1375
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10-6-1; IC 12-15.
Synopsis: Personal needs allowance. Increases the monthly personal
allowance for: (1) residential care assistance recipients living in county
homes; (2) Medicaid recipients receiving care in a hospital or nursing
facility; and (3) Medicaid recipients living in community residential
facilities for the developmentally disabled; from $52 to $60.
Effective: July 1, 2012.
Borders
January 17, 2012, read first time and referred to Committee on Public Health.
Introduced
Second Regular Session 117th General Assembly (2012)
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HOUSE BILL No. 1375
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; (12)IN1375.1.1. -->
SECTION 1. IC 12-10-6-1, AS AMENDED BY P.L.229-2011,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: 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 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.
(c) 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.
(d) In addition to the amounts that may be retained under
subsections (b) and (c), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(e) 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 (b) 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.
SOURCE: IC 12-15-7-2; (12)IN1375.1.2. -->
SECTION 2. IC 12-15-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. Fifty-two dollars
($52) Sixty dollars ($60) monthly may be exempt from income
eligibility consideration.
SOURCE: IC 12-15-32-6; (12)IN1375.1.3. -->
SECTION 3. IC 12-15-32-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6. The office shall
allow a resident of a facility who is receiving Medicaid to retain a
personal allowance of
fifty-two dollars ($52) sixty dollars ($60) each
month.