1. (a) The office shall establish criteria to base the annual redetermination of disability required under 405 IAC 2-2-3(b) for an individual participating in the buy-in program on the individual's medical evidence, including evidence of physical or mental impairment.

2. (b) In conducting the annual redetermination described in subsection (a), the office may not determine that an individual participating in the buy-in program is no longer an individual with a disability based solely on the individual's:

   1. (1) participation in employment;
   2. (2) earned income; or
   3. (3) income from self-employment.

As added by P.L.287-2001, SEC.9. Amended by P.L.99-2007, SEC.96.