1. (a) This section applies beginning the later of the following:

   1. (1) The date that the office is informed that the United States Department of Health and Human Services has approved Indiana's conversion to 1634 status within the Medicaid program.
   2. (2) January 1, 2014.

2. (b) The office may apply this section only to the following Medicaid applicants or Medicaid recipients:

   1. (1) An individual whose eligibility for Medicaid does not require a determination of income by the office.
   2. (2) An individual who is at least sixty-five (65) years of age when age is a condition of eligibility.
   3. (3) An individual whose eligibility is being determined on the basis of being blind or disabled, or on the basis of being treated as blind or disabled.

   4. (4) An individual who requests coverage for long term care services and supports for the purpose of being evaluated for an eligibility group under which long term care services or supports are covered, including the following:

      1. (A) Nursing facility services.
      2. (B) Nursing facility level of care services provided in an institution.
      3. (C) Home and community based services.
      4. (D) Home health services.
      5. (E) Personal care services.
   5. (5) An individual applying for Medicare cost sharing assistance.

3. (c) Except as provided in subsections (d) and (f), if an applicant for or a recipient of Medicaid:

   1. (1) establishes one (1) irrevocable trust that has a value of not more than ten thousand dollars ($10,000), exclusive of interest, and is established for the sole purpose of providing money for the burial of the applicant or recipient;
   2. (2) enters into an irrevocable prepaid funeral agreement having a value of not more than ten thousand dollars ($10,000); or

   3. (3) owns a life insurance policy with a face value of not more than ten thousand dollars ($10,000) and with respect to which provision is made to pay not more than ten thousand dollars ($10,000) toward the applicant's or recipient's funeral expenses;

      the value of the trust, prepaid funeral agreement, or life insurance policy may not be considered as a resource in determining the applicant's or recipient's eligibility for Medicaid.

4. (d) Subject to subsection (f), if an applicant for or a recipient of Medicaid establishes an irrevocable trust or escrow under IC 30-2-13 , the entire value of the trust or escrow may not be considered as a resource in determining the applicant's or recipient's eligibility for Medicaid.
5. (e) Except as provided in IC 12-15-3-7 , if an applicant for or a recipient of Medicaid owns resources described in subsection (c) and the total value of those resources is more than ten thousand dollars ($10,000), the value of those resources that is more than ten thousand dollars ($10,000) may be considered as a resource in determining the applicant's or recipient's eligibility for Medicaid.

6. (f) In order for a trust, an escrow, a life insurance policy, or a prepaid funeral agreement to be exempt as a resource in determining an applicant's or a recipient's eligibility for Medicaid under this section, the applicant or recipient must designate the office or the applicant's or recipient's estate to receive any remaining amounts after delivery of all services and merchandise under the contract as reimbursement for Medicaid assistance provided to the applicant or recipient after fifty-five (55) years of age. The office may receive funds under this subsection only to the extent permitted by 42 U.S.C. 1396p. The computation of remaining amounts shall be made as of the date of delivery of services and merchandise under the contract and must be the excess, if any, derived from:

   1. (1) growth in principal;
   2. (2) accumulation and reinvestment of dividends;
   3. (3) accumulation and reinvestment of interest; and

   4. (4) accumulation and reinvestment of distributions;

      on the applicant's or recipient's trust, escrow, life insurance policy, or prepaid funeral agreement over and above the seller's current retail price of all services, merchandise, and cash advance items set forth in the applicant's or recipient's contract.

      [Pre-1992 Revision Citation: 12-1-7-18.1.]

As added by P.L.2-1992, SEC.9. Amended by P.L.113-1996, SEC.1; P.L.272-1999, SEC.39; P.L.178-2002, SEC.80; P.L.196-2011, SEC.2; P.L.278-2013, SEC.7.