Authority: IC 12-15-1-10

Affected: IC 12-15

Sec. 27. (a) For purposes of this section, "agreement" refers to a services agreement, personal needs contract, or personal care agreement. To be considered an allowable transfer of assets as described in 42 U.S.C. 1396p(c)(2), an agreement must adhere to the following requirements:

1. (1) Be in writing.
2. (2) List the services provided to an applicant or a member.
3. (3) List the payment rate of the services provided to an applicant or a member.
4. (4) List the care provider or providers.
5. (5) Be signed by each party.
6. (6) Be notarized at the time the agreement is made.
7. (7) The requirements in subdivisions (1) through (6) are not required when documentation is submitted to the office stating payments for services were made at the time the services were rendered. Payments made on a daily, weekly, or monthly basis will be considered payments made at the time services were rendered. The fair market value of the services provided and the payment made is still reviewed for potential transfer of property penalties under this subsection. Lump sum payments or rolling credit accounts for services previously provided are not considered payments made at the time of the service.

(b) The rate of pay for care provided to an applicant or a member in an agreement must be commensurate with a reasonable wage, based on fair market value, frequency, and duration of the services.

(c) A detailed log of the services provided to an applicant or a member in an agreement must be maintained and include the following:

1. (1) The monetary value.
2. (2) Frequency and duration of the services.
3. (3) Description of the services provided.

(d) An agreement must provide for services for the benefit of an applicant or a member and cannot be retroactively dated or applied before the date the contract was notarized.

(e) Lump sum payments for future services are not valid and may result in a transfer of property penalty.

(f) An individual care provider under an agreement cannot provide services to an applicant or a member for more than sixteen (16) hours a day. Duplicate services cannot be provided by multiple care providers to the same applicant or member.

(g) Valid services do not include being on call or available to provide potential services to an applicant or a member.

(h) Services provided under an agreement for an applicant or a member may include the following:

1. (1) Preparing meals.
2. (2) Managing medication.
3. (3) Housekeeping.
4. (4) Paying household bills.
5. (5) Transportation to medical appointments.

(i) For ongoing Medicaid members, an agreement cannot duplicate services already provided or allowable under the Medicaid program.

(Office of the Secretary of Family and Social Services; 405 IAC 2-3-27; filed Jun 26, 2024, 10:03 a.m.: 20240724-IR-405230819FRA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-405240502RFA)