Section 455IAC1-4-2. Eligibility for assistance for county home residents

   (a) An individual is eligible for residential care assistance in a county home if the individual:

(1) is at least sixty-five (65) years of age, blind, or disabled;

(2) is a resident of a county home; and

(3) would be eligible for federal Supplemental Security Income assistance except for the fact that the individual is residing in a county home.

  (b) An individual will be determined to be eligible for federal Supplemental Security Income assistance if the individual does any of the following:

(1) Presents verification that the individual is currently receiving federal Supplemental Security Income benefits.

(2) Presents verification that the individual is currently receiving Medicaid benefits.

(3) It is determined by the county office that the individual is eligible for federal Supplemental Security Income benefits. An individual shall be determined to be eligible for federal Supplemental Security Income benefits if the individual:

(A) has a disability that meets the definition of disability contained in 42 U.S.C. 1382c(a)(3)(A) and 42 U.S.C. 1382c(a)(3)(B); and

(B) is financially eligible for federal Supplemental Security Income benefits.

  (c) An individual who is disabled because of mental illness may be admitted to a county home only to the extent that money is available for the individual's care. (Division of Aging; 455 IAC 1-4-2; filed Nov 14, 2001, 4:50 p.m.: 25 IR 1140; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-3.6-2) to the Division of Aging (455 IAC 1-4-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.