Title 12, HUMAN SERVICES

Sec. 4. (a) The secretary may adopt rules under IC 4-22-2 relating to the operation of the division and to implement the programs of the division. (b) Whenever a division is required to adopt rules under IC 4-22-2, the secretary is the statutory authority that adopts the rules. (…

Sec. 5. (a) The secretary is the ultimate authority for Medicaid applicant and eligibility appeals under IC 4-15-10.5 and IC 4-21.5 for purposes of the operation of the division and the programs of the division. (b) The secretary may delegate an individual to serve as the ultimat…

Sec. 6. A director is responsible for development and presentation of the budget of the director's division. As added by P.L.160-2012, SEC.19.

Sec. 1. As used in this chapter, "medical institution" means any of the following: (1) A hospital. (2) A nursing facility. (3) An intermediate care facility for individuals with intellectual disabilities. As added by P.L.178-2002, SEC.81. Amended by P.L.35-2016, SEC.37.…

Sec. 12. (a) This section applies: (1) after the death of a Medicaid recipient whose property; or (2) upon the sale of property that; is subject to a lien under this chapter. (b) A lien under this chapter is void if both of the following occur: (1) The owner of property subject t…

Sec. 13. (a) The office may contract with an attorney to obtain or enforce a lien under this chapter. (b) If the office contracts with an attorney under this section, the attorney's fees may not exceed: (1) seven and five-tenths percent (7.5%) of the office's recovery under the l…

Sec. 2. (a) When the office, in accordance with 42 U.S.C. 1396p, determines that a Medicaid recipient who resides in a medical institution cannot reasonably be expected to be discharged from a medical institution and return home, the office may obtain a lien on the Medicaid recip…

Sec. 3. The office may not obtain a lien under this chapter if any of the following persons lawfully reside in the home of the Medicaid recipient who resides in the medical institution: (1) The Medicaid recipient's spouse. (2) The Medicaid recipient's child who is: (A) less than …

Sec. 4. Before obtaining a lien on a Medicaid recipient's interest in real property under this chapter, the office shall notify in writing the Medicaid recipient and the Medicaid recipient's authorized representative, if applicable, of the following: (1) The office's determinatio…

Sec. 5. (a) The office shall obtain a lien under this chapter by filing a notice of lien with the recorder of the county in which the real property subject to the lien is located. The notice shall be filed prior to the recipient's death and shall include the following: (1) The na…

Sec. 6. (a) Beginning on the date on which a notice of lien is recorded in the office of the county recorder under section 5 of this chapter, the notice of lien: (1) constitutes due notice of a lien against the Medicaid recipient's real property for any amount then recoverable an…

Sec. 7. The office may bring proceedings in foreclosure on a lien arising under this chapter: (1) during the lifetime of the Medicaid recipient if the Medicaid recipient or a person acting on behalf of the Medicaid recipient sells the property; or (2) upon the death of the Medica…

Sec. 8. The office may not enforce a lien against a Medicaid recipient's home under this chapter as long as any of the following individuals reside in the home: (1) The recipient's child of any age if the child: (A) resided in the home for at least twenty-four (24) months before …

Sec. 9. (a) The office shall release a lien imposed under this chapter within ten (10) business days after the division of family resources receives notice that the Medicaid recipient: (1) is no longer living in the medical institution; and (2) has returned home to live. (b) The …