Health Care Facilities, Nursing Homes and Exempt Properties Barry Wood Assessment Division Director January 2018 1
Today’s class will cover • Definitions: Long Term Care; Health Care Facilities; Nursing Homes = Assisted Living Facilities? • Medicare; Medicaid; Long Term Insurance • Exemptions • Circuit Breakers • Questions 2
Health Care Facilities, Nursing Homes and Exempt Properties • What’s the difference between a deduction, an exemption, and a credit? • A deduction reduces the assessed value being taxed, an exemption excludes property from assessment and/or taxation, and a credit reduces the tax bill. 3
Health Care Facilities, Nursing Homes and Exempt Properties Exemption property that is not taxable (to whatever • extent). • E.g., churches, charitable organizations • IC 6-1.1-10; IC 6-1.1-11 Deduction reduces the taxable AV of a property by a fixed • dollar amount. • E.g., Homestead, Mortgage, Over 65, Disabled Veteran • IC 6-1.1-12 Credit reduces the net tax bill by a designated percentage • or prevents a tax bill from exceeding a certain percentage. • Circuit Breaker, Over 65, Local Homestead 4
Health Care Facilities, Nursing Homes and Exempt Properties IC 6-1.1-20.6-2.3 "Long term care property" Sec. 2.3. As used in this chapter, "long term care property" means property that: (1) is used for the long term care of an impaired individual; and (2) is one (1) of the following: (A) A health facility licensed under IC 16-28. (B) A housing with services establishment (as defined in IC 12-10- 15-3) that is allowed to use the term "assisted living" to describe the housing with services establishment's services and operations to the public. (C) An independent living home that, under contractual agreement, serves not more than eight (8) individuals who: (i) have a mental illness or developmental disability; (ii) require regular but limited supervision; and (iii) reside independently of their families. • As added by P.L.146-2008, SEC. 216. 5
Health Care Facilities, Nursing Homes and Exempt Properties IC 12-10-15-3 "Housing with services establishment" defined Sec. 3. (a) As used in this chapter, "housing with services establishment" means an establishment providing sleeping accommodations to at least five (5) residents and offering or providing for a fee: (1) at least one (1) regularly scheduled health related service; or (2) at least two (2) regularly scheduled supportive services; whether offered or provided directly by the establishment or by another person arranged for by the establishment. 6
Health Care Facilities, Nursing Homes and Exempt Properties IC 12-10-15-3 cont’d. (b) The term does not include the following: (1) A comprehensive care facility licensed under IC 16-28-2. (2) A hospital licensed under IC 16-21. (3) A group home licensed under IC 31-27 or IC 12-28-4. (4) An establishment that serves as a shelter for battered women or other similar purpose. (5) Private homes in which the residents are related by kinship, law, or affinity with the person offering the services. (6) An organized condominium, cooperative, common interest community, or owner’s association where at least eighty percent (80%) of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units. • As added by P.L.73-1998, SEC.7. Amended by P.L.145-2006, SEC.69. 7
Health Care Facilities, Nursing Homes and Exempt Properties IC 16-18-2-52.5 "Charity care"; "financially indigent"; "medically indigent" Sec. 52.5. (a) "Charity care", for purposes of IC 16-21-6 and IC 16-21-9, means the unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting health care services: (1) to a person classified by the hospital as financially indigent or medically indigent on an inpatient or outpatient basis; and (2) to financially indigent patients through other nonprofit or public outpatient clinics, hospitals, or health care organizations. 8
Health Care Facilities, Nursing Homes and Exempt Properties (b) As used in this section, "financially indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the hospital's financial criteria and procedure used to determine if a patient is eligible for charity care. The criteria and procedure must include income levels and means testing indexed to the federal poverty guidelines. A hospital may determine that a person is financially or medically indigent under the hospital's eligibility system after health care services are provided. 9
Health Care Facilities, Nursing Homes and Exempt Properties (c) As used in this section, "medically indigent" means a person whose medical or hospital bills after payment by third party payors exceed a specified percentage of the patient's annual gross income as determined in accordance with the hospital's eligibility system, and who is financially unable to pay the remaining bill. As added by P.L.94-1994, SEC.1. 10
Health Care Facilities, Nursing Homes and Exempt Properties Health Care Facilities: IC 16-21-9-1 "Community benefits" defined Sec. 1. As used in this chapter, "community benefits" means the unreimbursed cost to a hospital of providing charity care, government sponsored indigent health care, donations, education, government sponsored program services, research, and subsidized health services. The term does not include the cost to the hospital of paying any taxes or other governmental assessments. • As added by P.L. 94-1994, SEC. 17. 11
Health Care Facilities, Nursing Homes and Exempt Properties IC 16-21-9-2 "Government sponsored indigent health care" defined Sec. 2. As used in this chapter, “government sponsored indigent health care" means the unreimbursed cost to a hospital of Medicare, providing health care services to recipients of Medicaid, and other federal, state, or local indigent health care programs, eligibility for which is based on financial need. • As added by P.L.94-1994, SEC.17. 12
Health Care Facilities, Nursing Homes and Exempt Properties IC 16-21-9-3 "Nonprofit hospital" defined Sec. 3. As used in this chapter, "nonprofit hospital" means a hospital that is organized as a nonprofit corporation or a charitable trust under Indiana law or the laws of any other state or country and that is: (1)eligible for tax exempt bond financing; or (2)exempt from state or local taxes. • As added by P.L.94-1994, SEC.17. 13
Health Care Facilities, Nursing Homes and Exempt Properties IC 16-21-10-4 "Hospital" Sec. 4. (a) As used in this chapter, "hospital" means either of the following: (1) A hospital (as defined in IC 16-18-2- 179(b)) licensed under this article. (2) A private psychiatric hospital licensed under IC 12-25. 14
Health Care Facilities, Nursing Homes and Exempt Properties (b) The term does not include the following: (1) A state mental health institution operated under IC 12-24- 1-3. (2) A hospital: (A) designated by the Medicaid program as a long term care hospital; (B) that has an average inpatient length of stay that is greater than twenty-five (25) days, as determined by the office of Medicaid policy and planning under the Medicaid program; (C) that is a Medicare certified, freestanding rehabilitation hospital; or (D) that is a hospital operated by the federal government. • As added by P.L.205-2013, SEC.214. 15
Health Care Facilities, Nursing Homes and Exempt Properties IC 16-28-2.5-4 "Replacement facility" Sec. 4. As used in this chapter, "replacement facility" means a new comprehensive care health facility licensed under or subject to this article after July 1, 2015, that: (1) is constructed to take the place of an existing comprehensive care health facility that is licensed before July 2, 2015; (2) is constructed within the same county as the existing comprehensive care health facility licensed before July 2, 2015; and (3) contains no more comprehensive care beds than the existing comprehensive care health facility licensed before July 2, 2015. • As added by P.L.257-2015, SEC.4. 17
Health Care Facilities, Nursing Homes and Exempt Properties Nursing Home = Assisted Living ? • Although there may be similarities, assisted living facilities do not offer the same comprehensive services that a nursing home provides. • Assisted living facilities could also be called “Adult Foster Care” or “Senior Living Communities.” • Whereas, nursing homes are also known as “Skilled Nursing Facilities.” 18
Health Care Facilities, Nursing Homes and Exempt Properties Assisted Living – Care & Non-Care • Assistance with daily activities. • Medication distribution and management (if properly certified). • Community based recreation. • Transportation for recreation or daily tasks. • Provides meal service and maintenance for living quarters. • Supervision for tenants. 19
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