2015 Indiana Code TITLE 10. PUBLIC SAFETY ARTICLE 17. VETERANS' AFFAIRS CHAPTER 9. INDIANA VETERANS' HOME
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IC 10-17-9
Chapter 9. Indiana Veterans' Home
IC 10-17-9-0.3
"Director"
Sec. 0.3. As used in this chapter, "director" refers to the director
of veterans' affairs appointed under IC 10-17-1-5.
As added by P.L.21-2008, SEC.1.
IC 10-17-9-0.5
"Home"
Sec. 0.5. As used in this chapter, "home" refers to the Indiana
Veterans' Home.
As added by P.L.21-2008, SEC.2.
IC 10-17-9-0.8
"Superintendent"
Sec. 0.8. As used in this chapter, "superintendent" refers to the
superintendent of the Indiana Veterans' Home appointed under
section 3.5 of this chapter.
As added by P.L.21-2008, SEC.3.
IC 10-17-9-1
Conduct and maintenance
Sec. 1. The conduct and maintenance of the Indiana Veterans'
Home, located near Lafayette in Tippecanoe County, Indiana, are
governed by this chapter.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.4.
IC 10-17-9-2
Gifts; legacies; devises; conveyances
Sec. 2. The home may receive for the use of the institution and
expend as the donor directs:
(1) gifts;
(2) legacies;
(3) devises; and
(4) conveyances;
of real and personal property that are made, given, or granted to or
for the home or in its name.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-3
Appropriations for buildings
Sec. 3. The board of county commissioners in each county may
appropriate money out of the general fund of the county to erect
cottages or any other needed building on the grounds of the home.
As added by P.L.2-2003, SEC.8.
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IC 10-17-9-3.5
Appointment of superintendent
Sec. 3.5. (a) The director shall appoint the superintendent of the
Indiana Veterans' Home. In appointing the superintendent, the
director shall give preference to an honorably discharged veteran of
the armed forces of the United States.
(b) The superintendent may be removed only by the director.
(c) The superintendent is administratively responsible to the
director.
(d) The director shall determine the superintendent's salary,
subject to the approval of the governor and the budget agency.
As added by P.L.21-2008, SEC.5.
IC 10-17-9-4
Superintendent responsibilities
Sec. 4. The superintendent of the Indiana Veterans' Home:
(1) has the immediate charge and management of the institution;
(2) directs and controls the resident employees; and
(3) superintends the medical and physical care, rehabilitation,
and management of the members in the home.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.6.
IC 10-17-9-5
Political affiliation of employees
Sec. 5. The superintendent may not appoint or employ a person in
an office or a place in the Indiana Veterans' Home because of the
political views or affiliation of the appointee or employee or for a
reason other than capacity and fitness for the duties to be performed
by the appointee or employee. However, among applicants for
appointment found capable and fit, preference shall be given to an
honorably discharged military veteran and the spouse, widow,
widower, mother, and child of an honorably discharged military
veteran.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.7.
IC 10-17-9-6
Repealed
(As added by P.L.2-2003, SEC.8. Repealed by P.L.100-2012,
SEC.26.)
IC 10-17-9-7
Admissions; rules; funds; death
Sec. 7. (a) As used in this section, "eligible person" refers to either
of the following:
(1) An honorably discharged member of the armed forces.
(2) The spouse or surviving spouse of an honorably discharged
member of the armed forces.
(b) An eligible person who has a disability or is destitute is
eligible for admission to the home if:
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(1) the eligible person has been a resident of Indiana for at least
one (1) year immediately preceding application for admission to
the home; or
(2) in the case of an eligible person referred to in subsection
(a)(1), the eligible person was a resident of Indiana when the
eligible person enlisted in the armed forces.
(c) The Indiana department of veterans' affairs shall adopt rules
concerning admission to the home.
(d) In adopting rules governing the admission, maintenance, and
discharge of members of the home, the Indiana department of
veterans' affairs may establish a fund called the veterans' home
comfort and welfare fund. The director shall deposit all money
collected from the members for the cost of their care and maintenance
in the fund. The director shall expend this money in any manner that
adds to the comfort and welfare of the members of the institutions.
(e) A part of the veterans' home comfort and welfare fund may be
withdrawn and deposited in a special fund called the veterans' home
building fund. The veterans' home building fund shall be used for the
construction, maintenance, remodeling, or repair of buildings of the
home.
(f) Preference under this section may be given to a person who
served in an Indiana military organization. Except in cases where the
surviving spouse of a veteran marries another veteran, the benefits of
this chapter extend only to a surviving spouse and the spouse of a
veteran if the contract of marriage was entered into more than five (5)
years before the date of death of the veteran. Except as otherwise
provided by law, upon the death of a person in the home, money paid
to the person or due to the person from a bank, a trust company, a
corporation, or an individual becomes an asset of the person's estate
and shall be distributed in the manner prescribed by the probate law
of the state.
As added by P.L.2-2003, SEC.8. Amended by P.L.99-2007, SEC.37;
P.L.21-2008, SEC.8; P.L.113-2010, SEC.74.
IC 10-17-9-8
Cost of maintaining members
Sec. 8. (a) Each member, the estate of a deceased member, or the
estate of a member under guardianship is liable for the costs of
maintenance of the member in an amount up to one hundred percent
(100%) of the daily per capita cost of personal services and all other
operating expenses for the preceding fiscal year. The per capita
charge may be adjusted to reflect the level of care provided.
(b) The level of care must be as consistent as possible with:
(1) the care category of the facility in which the member is
placed;
(2) the rules of the Indiana health facilities, home health care,
and hospice council adopted under IC 16-28; and
(3) the applicable code of the federal government covering
reimbursement from the United States Department of Veterans'
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Affairs or another department of the federal government.
(c) The liability created for the costs of maintenance of a member
constitutes a lien upon the real property of the member if the lien is
recorded as provided in this chapter. The lien has priority over all
liens subsequently acquired.
As added by P.L.2-2003, SEC.8. Amended by P.L.197-2011, SEC.37.
IC 10-17-9-9
Billing and collection of maintenance costs; funds
Sec. 9. (a) The billing and collection of the maintenance cost of a
member under section 8 of this chapter shall be made by the
superintendent of the Indiana Veterans' Home based on the per capita
cost for the preceding fiscal year.
(b) All money collected shall be deposited in the veterans' home
comfort and welfare fund. The fund shall be used in part by the
superintendent for the comfort and welfare of the members and in
part to reimburse the state general fund in an amount specified by the
general assembly.
(c) Excess money in the veterans' home comfort and welfare fund
shall be placed in the veterans' home building fund.
(d) The fund shall be used for new construction, maintenance,
remodeling, and repair of the buildings at the Indiana Veterans'
Home.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.9.
IC 10-17-9-10
Agreement to accept lesser amount for maintenance cost; petition
for release or modification of maintenance charge
Sec. 10. (a) The superintendent of the Indiana Veterans' Home,
with the approval of the director, may accept payment at a lesser rate
than prescribed in section 8 of this chapter. The superintendent of the
Indiana Veterans' Home, in determining whether or not to accept the
lesser amount, shall consider the amount of money necessary to
maintain or support a dependent of the member. An agreement to
accept a lesser amount is subject to cancellation or modification at
any time by the superintendent of the Indiana Veterans' Home with
the approval of the director.
(b) A member who is issued a statement of a sum due as
maintenance charges may petition the superintendent of the Indiana
Veterans' Home for a release from or modification of the statement.
The superintendent shall submit a written statement of the facts to the
director for a final determination.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.10.
IC 10-17-9-11
Standard method of determining maintenance charges;
adjustments
Sec. 11. (a) The superintendent of the Indiana Veterans' Home,
with the approval of the director, may adopt a standard method of
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determining a lesser rate to be accepted in settlement of maintenance
charges due from a member of the home. A member shall receive at
least thirty dollars ($30) per month for personal needs before a
maintenance charge is levied against current income.
(b) The monthly maintenance charge may not exceed one-twelfth
(1/12) of the annual per capita cost of the preceding year.
(c) The superintendent may adjust the standard for determining the
lesser rate to provide that in the case of married members with the
spouses residing at the home this standard will allow at least forty
dollars ($40) to be deducted from income by the member before the
charge for maintenance is applied.
(d) The superintendent, in adopting the standard method of
determining a lesser rate to be accepted in settlement of maintenance
charges due from a member of the home, shall take into account as
current income:
(1) a pension;
(2) compensation or income from any source; and
(3) benefits from:
(A) the federal Social Security Administration;
(B) the railroad retirement law; or
(C) a retirement annuity or insurance annuity.
(e) The agreement to accept a lesser rate from current income does
not relieve the estate of the member of the charge for the full per
capita cost for the period the member resided in the home. However,
the claim for the full per capita cost will not be filed or allowed if
there is a surviving spouse, dependent child less than eighteen (18)
years of age, or dependent parent.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.11.
IC 10-17-9-12
Lien for unpaid maintenance charges
Sec.12. (a) If charges for the cost of maintenance of a member
remain unpaid in whole or in part for a period of six (6) months, the
superintendent of the Indiana Veterans' Home may file, in the office
of the county recorder of the county in which the real property is
located, a notice of lien designating:
(1) the name and place of residence of the member against
whose property the lien is asserted;
(2) the date when the charges become delinquent for more than
six (6) months; and
(3) a legal description of the real property subject to the lien.
One (1) copy of the notice of lien shall be retained by and filed in the
office of the superintendent, and one (1) copy shall be furnished to
the member or guardian.
(b) From the date on which notice of lien is recorded in the office
of the county recorder, the recorded notice constitutes due notice of
a lien against the member or the member's estate for any amounts
then recoverable and any amounts that become recoverable under this
chapter and gives a specific lien in favor of the Indiana Veterans'
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Home. The lien continues from the date of filing until the lien is
satisfied or released.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-13
Claim or judgment for maintenance charges; suit against legal
guardian; foreclosure; claim against estate
Sec. 13. (a) The attorney general, upon notification of the
superintendent of the Indiana Veterans' Home, shall file a claim in the
name of the state on behalf of the superintendent of the home against
the estate of a person who fails to make payment as required in this
chapter. If the claim is allowed or judgment is obtained, the claim or
judgment constitutes a lien against that part of the estate of the person
described in the claim.
(b) The attorney general may bring suit against the legal guardian
of a patient for failure to comply with an established maintenance
agreement or for failure to make an agreement. Suit may be brought
for the amount due the state for the maintenance charges of the
member. The court may order the payment of maintenance charges
for a period as the circumstances require. An order may be entered
against one (1) or more of the defendants. An order for the payment
of money may be enforced by attachment, garnishment, or a
proceeding supplemental against the defendants. Other judgments at
law and costs may be adjudged against the defendants and
apportioned among them.
(c) The attorney general may bring a proceeding to foreclose on
a lien arising from maintenance charges under section 8 of this
chapter during the lifetime of the member if the superintendent
believes it is in the best interest of the veterans' home to foreclose on
the lien.
(d) Upon:
(1) the death of a member whose property is encumbered by a
lien arising under section 8 of this chapter; and
(2) notification by the superintendent;
the attorney general shall file a claim against the member's estate for
recovery of all charges for maintenance that have accrued at the date
of death. Notwithstanding any other law, a claim filed for recovery
of charges for maintenance has priority in order of payment from the
estate over all other claims except prior recorded encumbrances,
taxes, reasonable costs of administration, and reasonable funeral
expenses. However, if real property of the deceased member is
occupied by a surviving spouse of the member, the home may not
assert its lien or claim during the lifetime of the surviving spouse.
However, if other claimants or persons have opened an estate and are
attempting to enforce their claims, or if there have been fraudulent
attempts to avoid the claim or lien, the veterans' home shall file and
assert the claim for recovery of costs of treatment and maintenance.
As added by P.L.2-2003, SEC.8.
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IC 10-17-9-14
Agreements with federal government
Sec. 14. The superintendent of the Indiana Veterans' Home may
make agreements with instrumentalities of the federal government for
application of monetary awards to be applied toward the maintenance
charges to provide a sufficient amount of the periodic award to be
deposited in the member's trust account to meet the immediate
personal needs of a member. The amount applied toward the
settlement of maintenance charges may not exceed the amount
specified in section 8 of this chapter.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-15
Transfer from Department of Veterans' Affairs
Sec. 15. (a) If space is available, the superintendent of the Indiana
Veterans' Home, with the approval of the director, may accept a
veteran who is:
(1) otherwise eligible for admission to the home;
(2) in need of nursing home care; and
(3) transferred at the request of the United States Department of
Veterans' Affairs from one (1) of its facilities.
(b) The United States Department of Veterans' Affairs under
United States Department of Veterans' Affair's regulations shall
award the cost of care to the home. A rate of charge described in
section 8 of this chapter may not be used to determine the cost of care
under this section.
As added by P.L.2-2003, SEC.8. Amended by P.L.21-2008, SEC.12.
IC 10-17-9-16
State treasurer investigation; disposition of federal funds
Sec. 16. (a) The treasurer of state may require an investigation to
determine the true number of members in the home at any time.
(b) Twenty percent (20%) of the money annually allowed by the
government of the United States for a military veteran maintained in
the home shall be deposited in the state general fund to the credit of
the veterans' home building fund. Money deposited in the state
general fund may be invested in securities of the United States
government. The money in the building fund shall be used only for
the maintenance, remodeling, or repair of buildings at the Indiana
Veterans' Home. Money deposited in the building fund is
appropriated and subject to allocation by the budget committee. The
remaining eighty percent (80%) of the money annually allowed by
the government of the United States for a military veteran maintained
in the home shall be deposited in the state general fund as a
reimbursement to the general fund for operating expenses of the
home.
As added by P.L.2-2003, SEC.8.
IC 10-17-9-17
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Applicability of Financial Reorganization Act of 1947
Sec. 17. IC 4-13-2 applies to the Indiana Veterans' Home.
As added by P.L.21-2008, SEC.13.
IC 10-17-9-18
Bond requirement
Sec. 18. (a) The superintendent shall furnish an individual public
official bond in an amount determined by the director, payable to the
state and conditioned upon the faithful performance of the
superintendent's duties.
(b) A bond required under this section is subject to the approval
of the insurance commissioner and shall be filed in the office of the
secretary of state.
As added by P.L.21-2008, SEC.14.
IC 10-17-9-19
Notice regarding requests for names of nursing personnel or direct
care staff
Sec. 19. (a) The Indiana Veterans' Home shall post a notice that a
resident, the legal representative of a resident, or another individual
designated by a resident may request, from the individual in charge
of each shift, information that designates the names of all nursing
personnel or direct care staff on duty by job classification for the:
(1) wing of;
(2) unit of; and
(3) other area as routinely designated by;
the Indiana Veterans' Home.
(b) The notice required under subsection (a) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least
eleven (11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent; and
(B) toll free telephone number for filing complaints with the
department of veterans' affairs.
(4) State that if a resident, the legal representative of a resident,
or another individual designated by a resident is unable to
obtain the information described in subsection (a) from the
individual in charge of each shift, the resident, the legal
representative of the resident, or another individual designated
by the resident may do any of the following:
(A) Contact the superintendent.
(B) File a complaint with the department of veterans' affairs
using the department's toll free telephone number.
(c) The department of veterans' affairs may adopt rules under
IC 4-22-2 to carry out this section.
As added by P.L.21-2008, SEC.15.
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IC 10-17-9-20
Repealed
(As added by P.L.21-2008, SEC.16. Repealed by P.L.133-2012,
SEC.64.)
IC 10-17-9-21
Qualification of Indiana Veterans' Home for Medicaid
reimbursements; state department of health plan; Medicaid
reimbursements may be used to augment appropriations
Sec. 21. The state department of health established by
IC 16-19-1-1 may develop a plan and seek federal approval to qualify
the Indiana Veterans' Home for reimbursement of services and other
expenses that could be eligible under Medicaid. A plan developed
under this section must be structured to maximize federal Medicaid
reimbursement for the Indiana Veterans' Home. Subject to approval
of the budget agency, any revenue accruing to the Indiana Veterans'
Home from the receipt of Medicaid reimbursement may be used to
augment appropriations made to the office for use in funding long
term care.
As added by P.L.220-2011, SEC.239.
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