2014 Indiana Code TITLE 12. HUMAN SERVICES ARTICLE 15. MEDICAID CHAPTER 3. INELIGIBILITY; FINANCIAL LIMITATIONS
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IC 12-15-3
Chapter 3. Ineligibility; Financial Limitations
IC 12-15-3-0.5
Applicability of chapter
Sec. 0.5. This chapter does not apply to an individual participating
in the Medicaid buy-in program beginning July 1, 2002, established
under IC 12-15-41.
As added by P.L.287-2001, SEC.7.
IC 12-15-3-1
Expired
(Expired 12-31-2013 by P.L.278-2013, SEC.10.)
IC 12-15-3-1.5
Eligibility of aged, blind, disabled; spouse assets
Sec. 1.5. (a) This section applies beginning the later of the
following:
(1) The date that the office is informed that the United States
Department of Health and Human Services has approved
Indiana's conversion to 1634 status within the Medicaid
program.
(2) January 1, 2014.
(b) The office shall determine eligibility for a Medicaid applicant
or Medicaid recipient who is aged, blind, or disabled under
IC 12-15-2-3.5.
(c) If an individual:
(1) resides in a nursing facility or another medical institution;
and
(2) has a spouse who does not reside in a nursing facility or
another medical institution;
the total cash value of money, stock, bonds, and life insurance that
may be owned by the couple to be eligible for Medicaid is
determined under IC 12-15-2-24.
As added by P.L.278-2013, SEC.11.
IC 12-15-3-2
Expired
(Expired 12-31-2013 by P.L.278-2013, SEC.12.)
IC 12-15-3-3
Expired
(Expired 12-31-2013 by P.L.278-2013, SEC.13.)
IC 12-15-3-4
Total cash value limitations on ownership of money, stock, bonds,
and life insurance; parent and parents defined
Sec. 4. For purposes of sections 2 and 3 of this chapter, except for
an applicant or a recipient who is determined to be eligible for home
and community based services under 42 U.S.C. 1396 et seq., the
applicant's or recipient's parent or parents are the parent or parents
with whom the applicant or recipient resides.
As added by P.L.2-1992, SEC.9.
IC 12-15-3-5
Limitation on total cash value of money, stocks, bonds, and life
insurance owned by applicants or recipients not described in
IC 12-15-3-1
Sec. 5. Except as provided in section 7 of this chapter, the office
may set the total cash value of money, stock, bonds, and life
insurance that an applicant for or a recipient of Medicaid may own
without being ineligible for Medicaid in cases not described in
section 1 of this chapter.
As added by P.L.2-1992, SEC.9. Amended by P.L.196-2011, SEC.6.
IC 12-15-3-6
Purchase of qualified long term care insurance policy; computation
under this chapter
Sec. 6. A computation under this chapter concerning an individual
who purchases a qualified long term care insurance policy under
IC 12-15-39.6 must take into consideration the asset disregard
established under IC 12-15-39.6-10.
As added by P.L.2-1992, SEC.9. Amended by P.L.24-1997, SEC.47;
P.L.1-2006, SEC.187.
IC 12-15-3-7
Effect of certain applicants' assignment of life insurance benefits
to state on applicants' Medicaid eligibility
Sec. 7. (a) As used in this section, "value" includes the following:
(1) The face value of a life insurance policy.
(2) The cash value of a life insurance policy.
(b) The value of a life insurance policy that is in force and owned
by an applicant or a recipient who is at least fifty-five (55) years of
age or permanently institutionalized may not be considered as a
resource in determining the applicant's or recipient's eligibility for
Medicaid if the applicant or recipient:
(1) makes an irrevocable election to name the state as a
beneficiary of the life insurance policy for an amount that is not
greater than:
(A) Medicaid benefits provided to the recipient under
IC 12-15-5 or IC 12-14-17; plus
(B) premiums or expenses paid by the office to the insurer
that issued the life insurance policy; or
(2) collaterally assigned the life insurance policy to the state
under a written agreement submitted to and recorded by the
insurer that issued the life insurance policy.
(c) Any designation of the state as an irrevocable beneficiary or
any collateral assignment in favor of the state is void if the
application for Medicaid benefits is not approved.
As added by P.L.196-2011, SEC.7.
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