(a) Before September 1, 2021, the office must apply to the United States Department of Health and Human Services for a state plan amendment that:(1) provides for establishment of the long term care partnership program as described in IC 12-15-39.8;(2) provides that the long term care program established under IC 12-15-39.6 shall be discontinued on the date on which the long term care partnership program described in IC 12-15-39.8 is fully implemented; and(3) ensures, with the explicit concurrence of the United States Department of Health and Human Services, that an individual who purchased a qualified long term care policy (as defined in IC 12-15-39.6-5) before the discontinuance of the long term care program established under IC 12-15-39.6 shall be eligible for an asset disregard under IC 12-15-39.6-10:(A) notwithstanding the discontinuance of the long term care program, as provided in IC 12-15-39.6-12; and(B) even though a qualified long term care policy (as defined in IC 12-15-39.6-5):(i) was issued before the date of the state plan amendment requested under this subsection;(ii) is not tax qualified; and(iii) does not meet the standards of Section 6021 of the federal 12-15-39.6-5):(i) was issued before the date of the state plan amendment requested under this subsection;(ii) is not tax qualified; and(iii) does not meet the standards of Section 6021 of the federal Deficit Reduction Act (P.L.109–171).(b) If the office receives approval for the state plan amendment described in subsection (a):(1) the office shall implement the state plan amendment not later than sixty (60) days after the state plan amendment is approved; and(2) the office shall publish in the Indiana Register under IC 4-22-7-7 a statement:(A) announcing that the state plan amendment described in subsection (a) has been approved by the United States Department of Health and Human Services; and(B) setting forth the date on which:(i) the office will fully implement the state plan amendment under subdivision (1); and(ii) the long term care program established under IC 12-15-39.6 will be discontinued.(c) If the office does not receive approval for a state plan amendment described in subsection (a):(1) the office shall take no action under subsection (b); and(2) the office and the department of insurance:(A) shall study:(i) the long term care program established under IC 12-15-39.6, section (a):(1) the office shall take no action under subsection (b); and(2) the office and the department of insurance:(A) shall study:(i) the long term care program established under IC 12-15-39.6, including the affordability and cost effectiveness of the program for individuals who purchase qualified long term care policies (as defined in IC 12-15-39.6-5); and(ii) the affordability and cost effectiveness of long term care partnership programs established under Section 6021 of the federal Deficit Reduction Act of 2005;(B) may solicit the comments and recommendations of individuals with experience and expertise in the fields of Medicaid, insurance, personal finance, and government concerning the subjects set forth in clause (A);(C) shall make findings and recommendations concerning ways in which the affordability and cost effectiveness of the long term care program established under IC 12-15-39.6 can be improved; and(D) shall, not later than December 1, 2022:(i) issue a report setting forth the findings and recommendations made under clause (C); and(ii) submit the report to the executive director of the legislative services agency in an electronic format under IC 5-14-6 for etting forth the findings and recommendations made under clause (C); and(ii) submit the report to the executive director of the legislative services agency in an electronic format under IC 5-14-6 for distribution to the members of the general assembly.As added by P.L.196-2021, SEC.2. Amended by P.L.9-2022, SEC.18.
Indiana Legal Code