Indiana Code
Chapter 1.3. Medicaid Waivers and Plan Amendments
12-15-1.3-15. Waiver Amendment; Emergency Placement Priority

Sec. 15. (a) As used in this section, "division" refers to the division of disability and rehabilitative services established by IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver administered by the office and the division under section 1915(c) of the federal Social Security Act.
(c) The office shall apply to the United States Department of Health and Human Services for approval to amend a waiver to set an emergency placement priority for individuals in the following situations:
(1) Death of a primary caregiver where alternative placement in a supervised group living setting:
(A) is not available; or
(B) is determined by the division to be an inappropriate option.
(2) A situation in which:
(A) the primary caregiver is at least eighty (80) years of age; and
(B) alternate placement in a supervised group living setting is not available or is determined by the division to be an inappropriate option.
(3) There is evidence of abuse or neglect in the current institutional or home placement, and alternate placement in a supervised group living setting is not available or is determined by the division to be an inappropriate option.
(4) There are other health and safety risks, as determined by the division director, and alternate placement in a supervised group living setting is not available or is determined by the division to be an inappropriate option.
(d) The division shall report on a quarterly basis the following information to the division of disability and rehabilitative services advisory council established by IC 12-9-4-2 concerning each Medicaid waiver for which the office has been approved under this section to administer an emergency placement priority for individuals described in this section:
(1) The number of applications for emergency placement priority waivers.
(2) The number of individuals served on the waiver.
(3) The number of individuals on a wait list for the waiver.
(e) Before July 1, 2021, the division, in coordination with the task force established by IC 12-11-15.5-2, shall establish new priority categories for individuals served by a waiver.
(f) The office may adopt rules under IC 4-22-2 necessary to implement this section.
As added by P.L.220-2011, SEC.264. Amended by P.L.229-2011, SEC.122; P.L.35-2016, SEC.36; P.L.262-2019, SEC.5; P.L.156-2020, SEC.54.