THEY LISTENED!

  Senate Bill 301, which recently passed the Indiana House and Senate, is a wonderful response by the FSSA, the Select Joint Commission on Medicaid Oversight, Senators Miller and Errington, and other Legislators, to the concerns raised by the Indiana Coalition supporting elderly and disabled Hoosiers.

  This bill is now headed to Governor Daniels for his signature.  This bill is a fair and balanced implementation by the State of Indiana of the Federal Deficit Reduction Act of 2005, as mandated by Congress.

  Federal law required Indiana to change its rules/laws that govern the Medicaid program by making it harder to qualify for Medicaid for waiver service or nursing home care.  Indiana initially proposed harsh DRA rules.  SB 301 makes these provisions fair in that:

1. The State agrees that the rules will not be retroactive.  Hoosiers will have a new set of rules no earlier than October 1, 2009.
2. The State agrees that gifts with a historical pattern over 3 years or more will not be considered as gifts that make someone ineligible for Medicaid if they need nursing home care or waiver services.  This means seniors can continue to tithe to their church, contribute to the local United Way, and support other charities.
3. The State agrees a partial return of a gift will shorten the penalty period created by the gift to a term coinciding with the unreturned portion of the gift.
4. The State agrees that non-qualified annuities purchased before October 1, 2009, will not create a penalty under the Medicaid rules if the State of Indiana is not named as the primary contingent beneficiary for any medical benefits paid to you or your spouse.  This gives the annuity industry time to advise the public on the proper beneficiary designation for non-qualified annuities.

  Please visit our website at www.dale-huffman.com for further information.  We have a copy of the proposed SB 301, posted on our website, for your review.

  Coalition members include the Indiana Chapter of the National Academy of Elder Law Attorneys, AARP, United Senior Action, Indiana Association of Homes and Services for the Aging, IHCA, Hope and the Alzheimer’s Association.  You can check the status of SB 301 as it moves through the legislative process by going to www.ai.org, then select General Assembly, then select Bills and Resolutions, and then enter 301 at the top.  Thank you for your support of this essential effort.

Senate Bill 301 (PDF)

Yours truly,
Keith P. Huffman
President Indiana Chapter NAELA

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