TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES

Under IC 4-22-2-23, the Office of the Secretary of Family and Social Services intends to adopt a rule concerning the following:

OVERVIEW: Amends 405 IAC 2-1-1, 405 IAC 2-1-2, 405 IAC 2-1-3, 405 IAC 2-1.1-1, and 405 IAC 2-1.1-5 to update definitions and terminology. Amends 405 IAC 2-1.1-7 to update definitions and terminology and add criteria for post-eligibility treatment of income for members receiving home and community based service waivers. Adds 405 IAC 2-1.1-10 to create eligibility criteria for end stage renal disease (ESRD) services for members that are not otherwise eligible under the Medicaid state plan. Amends 405 IAC 2-2-1 and 405 IAC 2-2-2 to update definitions and terminology. Adds 405 IAC 2-2.5 to implement new Medicaid financial eligibility requirements under modified adjusted gross income standards. Amends 405 IAC 2-3-1.1, 405 IAC 2-3-1.2, 405 IAC 2-3-2, and 405 IAC 2-3-4 to update definitions and terminology. Amends 405 IAC 2-3-12 to update the real property resource criteria for purposes of determining eligibility. Amends 405 IAC 2-3-14, 405 IAC 2-3-17, and 405 IAC 2-3-22 to update definitions and terminology. Amends 405 IAC 2-3-23 to conform to the most current supplemental security income (SSI) policies. Amends 405 IAC 2-3-24 to update definitions and terminology. Adds 405 IAC 2-3-25 to conform to state law at IC 12-15-3-8 regarding college savings accounts. Amends 405 IAC 2-3.2-1, 405 IAC 2-3.2-6, and 405 IAC 2-3.3-1 to update definitions and terminology. Adds 405 IAC 2-3.4 to set forth the requirements for presumptive eligibility determinations for other qualified providers. Amends 405 IAC 2-4-1 to update definitions and terminology. Adds 405 IAC 2-4-2 and 405 IAC 2-4-3 to clarify policy regarding funeral and burial expenses. Adds 405 IAC 2-6-3 to establish a Medicaid eligibility category for former foster care children. Amends 405 IAC 2-8-1, 405 IAC 2-8-1.1, 405 IAC 2-8-2, 405 IAC 2-9-1, 405 IAC 2-9-2, 405 IAC 2-9-3, 405 IAC 2-9-4, 405 IAC 2-9-5, 405 IAC 2-9-6, 405 IAC 2-9-7, 405 IAC 2-9-8, and 405 IAC 2-10 to update definitions and terminology. Adds 405 IAC 5-39 to establish ESRD services for members that are not otherwise eligible under the Medicaid state plan. Effective 30 days after filing with the Publisher. Statutory authority: IC 12-13-7-3; IC 12-15-1-10; IC 12-15-1-15; IC 12-15-2.3-12; IC 12-15-8.5; IC 12-15-21-2.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Amy Owens

Indiana Family and Social Services Administration

Office of Medicaid Policy and Planning

Indiana Government Center South

402 West Washington Street, Room W374

Indianapolis, IN 46204

(317) 234-9657

amy.owens@fssa.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Katelyn Colclazier

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 431-1560

kcolclazier@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

DIN: 20191120-IR-405190602NIA

Composed: Apr 19,2024 11:58:02PM EDT

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