405 IAC 1-1-8 - Level of care criteria for long-term care facilities; governing provisions

Authority: IC 12-15-1-10; IC 12-15-1-15; IC 12-15-21-2

Affected: IC 4-22-2; IC 12-13-7-3; IC 12-15

Sec. 8.

Level of Care Criteria for Long-Term Care Facilities. In accordance with the provisions of IC 12-1-7 [IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]; IC 4-22-2 as amended by Indiana Public Law 38, Acts of 1977; and in conformity with the provisions of Title XIX of the federal Social Security Act and related federal regulations, the state board of public welfare hereby promulgates a document issued by the department on January 5, 1976 as amended in May, 1977, entitled Indiana's Medicaid Program Criteria for Level of Care Provided by Long-Term Care Facilities [405 IAC 1-3] .

If any provision of the above cited document [405 IAC 1-3] is or shall become inconsistent with any other regulation promulgated by the state board of public welfare the provision of this regulation [405 IAC 1-3] shall govern. If the content of the above cited document [405 IAC 1-3] is inconsistent with any subsequently enacted amendment of IC 12-1-7 [IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.] or the federal Social Security Act or any regulation promulgated thereunder, the amendment to IC 12-1-7 [IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.] or the Social Security Act or the regulation promulgated thereunder shall govern until such time as the above cited document [405 IAC 1-3] can be amended.

If any part of the Indiana's Medicaid Program Criteria for Level of Care Provided by Long-Term Care Facilities document [405 IAC 1-3] or the application of it to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the document which can be given effect without the invalid provision or application, and to this end this document is severable.

IC 4-22-2

IC 12-1-2-2(c) [IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]

IC 12-1-2-3(f) [IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February 14, 1992.]

IC 12-1-7-15 [Repealed by P.L. 70-1978, SECTION 3.]

Notes

405 IAC 1-1-8

Office of the Secretary of Family and Social Services; Title 5, Ch 1,Reg 5-107; filed Feb 10, 1978, 11:20 am: Rules and Regs. 1979, p. 253; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA Readopted filed 11/13/2019, 11:54 a.m.: 20191211-IR-405190487RFA Readopted filed 5/30/2023, 11:54 a.m.: 20230628-IR-405230292RFA

Transferred from the Division of Family and Children (470 IAC 5-1-6) to the Office of the Secretary of Family and Social Services (405 IAC 1-1-8) by P.L. 9-1991, SECTION 131, effective January 1, 1992.