1. (a) As used in this section, "division" refers to the division of disability, aging, and rehabilitative services established by IC 12-9-1-1 .
2. (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.

3. (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. (1) Death of a primary caregiver.
   2. (2) The primary caregiver is at least eighty (80) years of age.
   3. (3) There is evidence of abuse or neglect in the current institutional or home placement.

   4. (4) There is evidence of other health and safety risks, as determined by the division director, where other available services through:

      1. (A) the Medicaid program and other federal, state, and local public programs; and

      2. (B) supports that families and communities provide;

         are insufficient to address the other health and safety risks, as determined by the division director.

4. (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. (1) The number of applications for emergency placement priority waivers.
   2. (2) The number of individuals served on the waiver.
   3. (3) The number of individuals on a wait list for the waiver.
5. (e) Before July 1, 2021, the division, in coordination with the task force established by IC 12-11-15.5-2 (before its expiration), shall establish new priority categories for individuals served by a waiver.
6. (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; P.L.131-2024, SEC.9; P.L.23-2026, SEC.84; P.L.122-2026, SEC.57.