Section 915 IAC 2-3-5 - Payment of maintenance costsAuthority: IC 10-17-9-7; IC 16-19-3-5
Affected: IC 10-17-9; IC 16-19-3
Sec. 5.
(a) Residents admitted to the home before the effective date of this article are not required to comply with subsections (c), (e) through (g), and (j)(3).(b) Each resident is responsible for payment of the resident's maintenance costs.(c) A resident whose available resources are insufficient to pay the entire maintenance costs on a current basis shall apply for the maximum of every benefit or assistance program for which the resident may be eligible, including, but not limited to, the benefits or assistance programs listed in 410 IAC 30-2-2(b).(d) The home shall provide each resident with information about possible available benefits or programs of assistance and assistance in applying for those benefits.(e) Each resident shall comply with any reporting requirements necessary to initiate or continue any benefits to which a resident is entitled.(f) Each resident, who may be eligible for benefits including, but not limited to, the benefits listed in subsection (c), shall provide necessary information and fully cooperate with the superintendent in the application for and maintenance of such benefits.(g) A resident may be required to provide a power of attorney or a release of information to the superintendent in order to assist in securing any benefits for which the resident may be eligible.(h) A resident shall be billed for maintenance charges as follows: (1) The maintenance charge shall be: (B) mailed to the address designated by the resident on the resident's application for admission.(2) A resident shall be charged for the day of admission but not for the day of discharge. For purposes of this subdivision, one (1) day is the twenty-four (24) hour period ending at midnight.(3) A billing shall state the date by which payment shall be received. Failure of the home to comply with subdivisions (1) through (3) shall not relieve the resident of the obligation to pay.
(i) The amount of the billed maintenance charge may be redetermined at any time upon a change in circumstances related to the resident's ability to pay.(j) A resident's account is considered delinquent if a resident willfully refuses or willfully fails to pay the maintenance charge bill by the due date. Residents shall be notified if payment has not been received by the due date printed on the bill. A willful refusal or willful failure to pay occurs when:(1) the decision of whether to pay is completely within the control of the resident;(2) a resident has the ability or resources to pay the maintenance charge and fails to pay; or(3) a resident has not paid his or her maintenance costs and fails to apply for the maximum of every benefit or assistance program available, as required by 410 IAC 30-2-2(b).(k) The home shall not require a third party guarantee for payment to the home as a condition of admission or continued stay at the home. Readopted filed 11/26/2014, 1:35 p.m.: 20141224-IR-915140384RFAReadopted filed 11/19/2020, 9:24 a.m.: 20201216-IR-915200467RFATransferred from the Indiana State Department of Health ( 410 IAC 30-3-5) to the Veterans' Affairs Commission ( 915 IAC 2-3-5) by P.L. 21-2008, SECTION 19, effective July 1, 2008.