Long term care insurance partnership program., the official text

First Regular Session of the 124th General Assembly (2025)

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  HOUSE ENROLLED ACT No. 1595

   AN ACT to amend the Indiana Code concerning human services.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 12-15-1.3-22, AS AMENDED BY P.L.9-2022,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) Before September 1, 2021, 2025, the office
must apply reapply 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

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            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, 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: 2026:
            (i) issue a report setting forth the findings and

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            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.

HEA 1595
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

HEA 1595