405 Ind. Admin. Code 2-1-1

Current through May 29, 2024
Section 405 IAC 2-1-1 - Definitions

Authority: IC 12-13-5-3; IC 12-13-7-3; IC 12-15-1-10

Affected: IC 12-15-4; IC 12-15-5

Sec. 1.

The following definitions in this section apply throughout this article:

(1) "Applicant" means the person for whom Medicaid is requested.
(2) "Dependent child" means a nonmember child:
(A) under eighteen (18) years of age; or
(B) between eighteen (18) and twenty-one (21) years of age and a student regularly attending a school, college, or university, or a course of vocational or technical training designed to prepare him or her for gainful employment.

A dependent child must be the biological or adoptive child of the applicant or member or the biological or adoptive child of the applicant's or member's parent.

(3) "Essential person" means a person who:
(A) is not the applicant's or member's spouse or parent;
(B) lives in the place of residence of the applicant or member; and
(C) is considered by the applicant or member to be essential to his or her well-being because he or she provides services to the applicant or member that would have to be paid for otherwise.
(4) "Institution" means a Title XIX certified hospital, nursing facility, intermediate care facility for individuals with intellectual disabilities (ICF/IID), or public institution. It does not include a facility where federal financial participation is not available under 42 CFR 435.1009.
(5) "Medicaid" means that program described by IC 12-15 and this title, in which the office administers benefits and makes payments to providers for covered services provided to members.
(6) "Member" means an individual who has been determined by the office to be eligible for payment of covered services under IC 12-15 or this title, or both.
(7) "Nonmember" means a person who is not receiving Medicaid.
(8) "Office" means the Indiana family and social services administration, and its offices, divisions, or designees.
(9) "Parent" or "parents" means the biological or adoptive parent or parents living with an unmarried applicant or member who is either:
(A) under eighteen (18) years of age; or
(B) between eighteen (18) and twenty-one (21) years of age and a student regularly attending a school, college, or university, or a course of vocational or technical training designed to prepare him or her for gainful employment.
(10) "Spouse" means the legal husband or wife of an applicant or member who is either living with the applicant or member or physically separated from him or her only for medical reasons.

405 IAC 2-1-1

Office of the Secretary of Family and Social Services; 405 IAC 2-1-1; filed Mar 1, 1984, 2:31 p.m.: 7 IR 1012, eff Apr 1, 1984; filed Jun 19, 1984, 10:25 a.m.: 7 IR 1820, eff Jul 1, 1984 [IC 4-22-2-5 suspends the effectiveness of a rule document for thirty (30) days after filing with the secretary of state. LSA Document #84-29 was filed Jun 19, 1984.]; filed Apr 10, 1985, 2:20 p.m.: 8 IR 989; filed Apr 4, 1986, 11:07 a.m.: 9 IR 1854; filed Aug 15, 1986, 3:00 p.m.: 10 IR 6; filed May 11, 1987, 9:30 a.m.: 10 IR 1864; filed Apr 26, 1988, 12:55 p.m.: 11 IR 3028; filed Oct 6, 1989, 4:50 p.m.: 13 IR 282; filed May 2, 1990, 4:55 p.m.: 13 IR 1704; filed Aug 9, 1991, 11:00 a.m.: 14 IR 2224; filed May 14, 1992, 5:00 p.m.: 15 IR 2189; filed Feb 16, 1993, 5:00 p.m.: 16 IR 1780; filed Nov 26, 1996, 4:30 p.m.: 20 IR 955; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; filed Apr 8, 2014, 12:37 p.m.: 20140507-IR-405130533FRA
Readopted filed 11/13/2019, 11:54 a.m.: 20191211-IR-405190487RFA
Filed 6/11/2021, 2:35 p.m.: 20210707-IR-405190602FRA

Transferred from the Division of Family and Children ( 470 IAC 9.1-1-1 ) to the Office of the Secretary of Family and Social Services ( 405 IAC 2-1-1 ) by P.L. 9-1991, SECTION 131, effective January 1, 1992.