First Regular Session 112th General Assembly (2001)


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HOUSE ENROLLED ACT No. 1647




     AN ACT concerning Medicaid and to make an appropriation.

    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. [EFFECTIVE JULY 1, 2001] (a) As used in this SECTION, "waiver" refers to a home and community based services waiver described in 42 U.S.C. 1396n(c) as it:
        (1) applies to individuals with autism; and
        (2) is in effect on July 1, 2001.
    (b) The office of Medicaid policy and planning shall seek approval under 42 U.S.C. 1396 et seq. from the federal Health Care Financing Administration to amend the waiver to provide coverage for care provided by a treatment team, which must include a lead therapist who:
        (1) is licensed as a psychologist under IC 25-33 or as a psychiatrist under IC 25-22.5;
        (2) has completed one thousand five hundred (1,500) hours of training or supervised experience in the application of applied behavior analysis or an equivalent behavior modification theory for children with a pervasive developmental disorder; and
        (3) has at least two (2) years experience as an independent practitioner and as a supervisor of less experienced clinicians.
    (c) The office of Medicaid policy and planning shall apply before September 1, 2001, for approval from the federal Health Care Financing Administration to amend the waiver to implement this

SECTION.
    (d) The office of Medicaid policy and planning may not implement the changes specified under subsection (b) until the office of Medicaid policy and planning files an affidavit with the governor attesting that the federal Health Care Financing Administration approves the changes in the waiver requested by the office of Medicaid policy and planning under this SECTION. The office shall file the affidavit under this subsection not later than five (5) days after the office is notified that the waiver is approved.
    (e) The office of Medicaid policy and planning shall adopt rules under IC 4-22-2 necessary to implement this SECTION.
    (f) This SECTION expires July 1, 2003.

    SECTION 2. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "waiver" refers to a home and community based services waiver described in 42 U.S.C. 1396n(c) as it:
        (1) applies to individuals with autism; and
        (2) is in effect on July 1, 2003.
    (b) The office of Medicaid policy and planning shall seek approval under 42 U.S.C. 1396 et seq. from the federal Health Care Financing Administration to amend the waiver to increase by at least two hundred (200) the total number of waiver slots for individuals who are eligible for a waiver and who would otherwise require a level of care in an intermediate care facility for the mentally retarded (as defined in 42 U.S.C. 1396d(d)) or a nursing facility (as defined in 42 U.S.C. 1396r(a)).
    (c) The office of Medicaid policy and planning shall apply before September 1, 2003, for approval from the federal Health Care Financing Administration to amend the waiver to implement this SECTION.
    (d) The office of Medicaid policy and planning may not implement the changes specified under subsection (b) until the office of Medicaid policy and planning files an affidavit with the governor attesting that the federal Health Care Financing Administration approves the changes in the waiver requested by the office of Medicaid policy and planning under this SECTION. The office shall file the affidavit under this subsection not later than five (5) days after the office is notified that the waiver is approved.
    (e) The office of Medicaid policy and planning shall adopt rules under IC 4-22-2 necessary to implement this SECTION.
    (f) There is appropriated to the office of Medicaid policy and

planning from the state general fund an amount sufficient for its use in funding an increase in the number of eligible individuals who may be served by the waiver as follows:
        (1) From four hundred (400) individuals to five hundred (500) individuals during the state fiscal year beginning July 1, 2003, and ending June 30, 2004.
        (2) From five hundred (500) individuals to six hundred (600) individuals during the state fiscal year beginning July 1, 2004, and ending June 30, 2005.
    (g) This SECTION expires July 1, 2007.
    SECTION 3. [EFFECTIVE JULY 1, 2001] (a) As used in this SECTION, "waiver" means a Section 1115 demonstration waiver under the federal Social Security Act (42 U.S.C. 1315).
    (b) As used in this SECTION, "children's health insurance program" means the program established under IC 12-17.6.
    (c) Before September 1, 2001, the office of Medicaid policy and planning shall apply to the United States Department of Health and Human Services for approval of a waiver to provide coverage for dental and vision services under the children's health insurance program to a child who:
        (1) has health insurance coverage (as defined in 42 U.S.C. 300gg-91); or
        (2) is covered under a group health plan (as defined in 42 U.S.C. 300gg-91);
but does not have coverage for dental services or vision services and is otherwise eligible for coverage under the children's health insurance program.
    (d) If a provision of this SECTION differs from the requirements of a waiver, the office shall submit the waiver request in a manner that complies with the requirements of the waiver. However, after the waiver is approved, the office shall apply within one hundred twenty (120) days for an amendment to the approved waiver that contains the provisions of this SECTION that were not included in the approved waiver.
    (e) The office of Medicaid policy and planning may not implement the waiver until the office files an affidavit with the governor attesting that the federal waiver applied for under this SECTION is in effect. The office shall file the affidavit under this subsection not later than five (5) days after the office is notified that the waiver is approved.
    (f) If:
        (1) the office of Medicaid policy and planning receives a

waiver under this SECTION from the United States Department of Health and Human Services;
        (2) the governor receives the affidavit filed under subsection (e); and
        (3) the general assembly appropriates funds for implementing the waiver;
the office shall implement the waiver not more than sixty (60) days after the general assembly appropriates funds to implement the waiver.
    (g) The office of Medicaid policy and planning may adopt rules under IC 4-22-2 that are necessary to implement this SECTION.
    (h) This SECTION expires July 1, 2005.


HEA 1647 _ CC 1

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