Indiana Elder Law News

Indiana Medicaid Planning
Major changes in federal Medicaid law (Deficit Reduction Act of 2005) are still being implemented in Indiana. These changes will have a major impact on Medicaid planning. The look back period will be extended from thirty six months to sixty months. Major changes to ability to transfer assets are expected.
More Indiana Medicaid Planning
Indiana Estate Planning
If you die without a will in Indiana, state law provides a 'will' for you (called intestate succession). For a person married with children, the surviving spouse can expect to keep only half of the probate assets with the rest being given away to immediate family members. Few people want this outcome. This is why it is vitally important to have a valid will in Indiana.
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Indiana Long Term Care Insurance Program
The Indiana Long Term Care Insurance Program (ILTCIP) is an innovative partnership between the State of Indiana and private long term care insurance companies. Indiana has taken the lead in helping its residents protect their hard-earned life savings from the high cost of long term care.
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Avoid Indiana Probate
There are easy and powerful things you could be doing right now to keep most of your assets out of probate. These methods don't require living trusts.
More Information On Indiana Wills
Medicare Issues
No more waiting lists and additional support for transportation, nutrition and housing services are key parts of the State's Aging Reform Agenda in 2008. Steve Smith, director of the FSSA Division of Aging, noted that wait lists are being reduced already. The goal is to eliminate the lists totally in 2008. By using more State funds to leverage Federal matching dollars, 8,000 older Hoosiers from the wait list are now receiving services.

Indiana Medicaid Waivers

Section 1915(c) of the Social Security Act permits Indiana to offer many home and community-based services that an individual needs to avoid institutionalization.

In order to qualify you MUST meet these three (3) requirements:

Indiana administers six (6) home and community-based waivers. Two (2) of the waivers assist senior hoosiers who meet nursing facility level of care and they are:

Aged and Disabled Waiver

The Aged and Disabled Waiver is designed to provide an alternative to nursing facility admission for Medicaid eligible persons over the age of sixty-five (65), and persons of all ages with disabilities by providing supports to complement and supplement informal supports for persons who require care in a nursing facility if waiver services were not available. Individuals on this waiver must meet nursing facility level of care. The services available through this waiver are designed to assist participants with remaining in their own homes and communities, as well as to assist individuals residing in nursing facilities to return to community settings, be it their own homes or other congregate community settings such as assisted living.

Assisted Living Waiver

The Assisted Living Waiver assists Medicaid eligible individuals sixty-five (65) and over and persons with physical disabilities who are over the age of eighteen (18) as an alternative to nursing facility placement. Individuals on this waiver must meet nursing facility level of care. The AL waiver is based on the philosophy of personal autonomy and decision making, and provides support services in a congregate setting by a licensed and certified assisted living provider who provides individual single living units with participant controlled access and food storage and prep areas.