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. (1) "Disabled" is defined according to the criteria established under 42 U.S.C. 1382c.
2. (2) "Interest" means any equitable right, title, or interest in real property.
3. (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. (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. (5) "Member's home" means the member's place of residence prior to institutionalization.

6. (6) "Permanently institutionalized" means an individual of any age who:

   1. (A) is an inpatient in a nursing facility, ICF/IID facility, or other medical institution;
   2. (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
   3. (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. (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. (8) "Residing in member's home on a continuous basis" means using the home as the principal place of residence.
9. (9) "TEFRA" means Tax Equity Fiscal Responsibility Act.

(Office of the Secretary of Family and Social Services; 405 IAC 2-10-1; filed Dec 13, 2002, 4:00 p.m.: 26 IR 1547; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; readopted filed Nov 13, 2019, 11:54 a.m.: 20191211-IR-405190487RFA; filed Jun 11, 2021, 2:35 p.m.: 20210707-IR-405190602FRA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-405240502RFA)