405 IAC 2-10-1 - Definitions
Authority: IC 12-15-1-10; IC 12-15-8.5
Affected: IC 12-15-3-6; IC 12-15-9
Sec. 1.
The following definitions apply throughout this rule:
(1) "Disabled" is defined according to the
criteria established under
42
U.S.C. 1382c.
(2) "Interest" means any equitable right,
title, or interest in real property.
(3) "Lawfully residing in the home" means
residing in the member's place of residence with the permission of the owners
or, if under guardianship, the owner's legal guardian.
(4) "Medical institution" means a long term
care facility, an intermediate care facility for individuals with intellectual
disabilities (ICF/IID), or other residential medical facility.
(5) "Member's home" means the member's place
of residence prior to institutionalization.
(6) "Permanently institutionalized" means an
individual of any age who:
(A) is an inpatient
in a nursing facility, ICF/IID facility, or other medical
institution;
(B) is required, as a
condition of receiving services in such institution under the state plan, to
spend for costs of medical care all but a minimum amount of his or her income
required for personal needs; and
(C) after notice and opportunity for a
hearing, has been determined to have a medical condition of such severity that
he or she cannot reasonably be expected to be discharged from the medical
institution and returned to the noninstitutional home environment prior to
death.
(7) "Real
property" means land, including houses or immovable structures or objects
attached permanently to the land in which a member has ownership rights and
interests, including, but not limited to, the member's home.
(8) "Residing in member's home on a
continuous basis" means using the home as the principal place of
residence.
(9) "TEFRA" means Tax
Equity Fiscal Responsibility Act.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.