SB 458-1_ Filed 02/21/2002, 10:23
Text Box
Adopted Rejected
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COMMITTEE REPORT
YES:
12
NO:
0
MR. SPEAKER:
Your Committee on Public Health , to which was referred Senate Bill 458 , has
had the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (02)CR045802.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 5-10-8-10; (02)CR045802.1. -->
"SECTION 1. IC 5-10-8-10, AS ADDED BY P.L.91-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 10. (a) The state shall cover the testing required
under IC 16-41-6-4 and the examinations required under
IC 16-41-17-2 under a:
(1) self-insurance program established or maintained under
section 7(b) of this chapter to provide group health coverage; and
(2) contract entered into or renewed under section 7(c) of this
chapter to provide health services through a prepaid health care
delivery plan.
(b) Payment to a hospital for a test required under
IC 12-15-15-4.5 must be in an amount equal to the hospital's actual
cost of performing the test.
SOURCE: IC 12-15-15-4.5; (02)CR045802.2. -->
SECTION 2. IC 12-15-15-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 4.5. Payment to a hospital for a
test required under IC 16-41-6-4 must be in an amount equal to the
hospital's actual cost of performing the test. The total cost to the
state may not be more than twenty-four thousand dollars
($24,000).".
SOURCE: Page 6, line 20; (02)CR045802.6. -->
Page 6, between lines 20 and 21, begin a new paragraph and insert:
SOURCE: IC 16-41-6-12; (02)CR045802.12. -->
"SECTION 12. IC 16-41-6-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 12. The state department shall
adopt rules under IC 4-22-2 to establish standards to be used by
individuals described in section 9(a) of this chapter to provide to
women who are pregnant, before delivery, at delivery, and after
delivery, information concerning HIV. The rules must include:
(1) an explanation of the nature of AIDS and HIV;
(2) information concerning discrimination and legal
protections;
(3) information concerning the duty to notify persons at risk
as described in IC 16-41-7-1;
(4) information about risk behaviors for HIV transmission;
(5) information about the risk of transmission through breast
feeding;
(6) notification that if the woman chooses not to be tested for
HIV before delivery, at delivery the child will be tested
subject to section 4 of this chapter;
(7) procedures for obtaining informed, written consent for
testing under this chapter;
(8) procedures to inform the woman of the test results
whether they are positive or negative;
(9) procedures for post-test counseling by a health care
provider when the test results are communicated to the
woman, whether the results are positive or negative;
(10) procedures for referral for physical and emotional
services if the test results are positive;
(11) procedures for explaining the importance of immediate
entry into medical care if the test results are positive;
(12) procedures for explaining the side effects of any
treatment if the test results are positive;
(13) procedures for explaining that giving birth by caesarean
section may lessen the likelihood of passing on the HIV virus
to the child during childbirth, especially when done in
combination with medications if the test results are positive;
and
(14) procedures that provide that if the mother refused testing
for the newborn, and the newborn was tested with positive
results, the mother must be notified of the positive test within
forty-eight (48) hours after the test.
SOURCE: IC 16-41-6-13; (02)CR045802.13. -->
SECTION 13. IC 16-41-6-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 13. (a) The state department shall
provide that an HIV test history and assessment form from the
patient's medical records or an interview with the patient must be
filled out. The state department shall develop the form to
determine if:
(1) the patient is HIV positive and has been informed; or
(2) the patient was tested during the current pregnancy and
tested negative or was not tested during the current
pregnancy and the HIV status is unknown.
(b) The form required under subsection (a) must identify what
special support or assistance for continued medical care the patient
might need as a result of a positive test.
(c) The form must be in triplicate, with one (1) copy going into
the patient's medical file, one (1) copy going into the baby's
medical file, and one (1) copy going to the doctor in the hospital
designated to administer the newborn HIV testing program.
(d) The state department must maintain a systemwide
evaluation of prenatal HIV testing in Indiana. The HIV test history
and assessment form and a newborn blood screening form shall be
prescribed by the state department. The state department shall
remove all identifying information from the maternal test history
before the state department performs its analyses and not
maintain HIV test history data with identifying information.
SOURCE: IC 16-41-6-14; (02)CR045802.14. -->
SECTION 14. IC 16-41-6-14 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 14. (a) Women who:
(1) meet the financial qualifications to participate in
Medicaid, the children's health insurance program, the AIDS
drug assistance program, the health insurance assistance
program, or any other health care program of the state; and
(2) test positive under section 5, 6, or 7 of this chapter;
shall be automatically approved and accepted into the Medicaid
program, the children's health insurance program, the AIDS drug
assistance program (ADAP), the health insurance assistance
program, or any other health care program of the state.
(b)Women who qualify under this section may not be placed on
a waiting list for services, and they remain eligible until they either
cease to meet the financial qualifications under subsection (a) or no
longer test positive for HIV.
(c) An individual described in section 9(a) of this chapter who
can no longer provide care for a woman described in subsection (a)
must continue to provide care for the woman until another
provider is found to continue care for the woman.
(d) Before October 1, 2002, the office of Medicaid policy and
planning shall apply to the United States Department of Health and
Human Services for approval of any necessary waivers under the
federal Medicaid program and the children's health insurance
program to provide for expanded eligibility for women under this
chapter.
(e) The office of Medicaid policy and planning may not
implement a waiver described in subsection (d) 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 the office receives a waiver under this section from the
United States Department of Health and Human Services and the
governor receives the affidavit filed under subsection (e), the office
of Medicaid policy and planning shall implement the waiver not
more than sixty (60) days after the governor receives the affidavit.
SOURCE: IC 27-8-24-4; (02)CR045802.15. -->
SECTION 15. IC 27-8-24-4, AS AMENDED BY P.L.91-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4.
(a) Except as provided in section 5 of this
chapter, every policy or group contract that provides maternity benefits
must provide minimum benefits to a mother and her newborn child that
cover:
(1) a minimum length of postpartum stay at a hospital licensed
under IC 16-21 that is consistent with the minimum postpartum
hospital stay recommended by the American Academy of
Pediatrics and the American College of Obstetricians and
Gynecologists in their Guidelines for Perinatal Care; and
(2) the examinations to the newborn child required under
IC 16-41-17-2; and
(3) the testing of the newborn child required under
IC 16-41-6-4.
(b) Payment to a hospital for a test required under IC 16-41-6-4
must be in an amount equal to the hospital's actual cost of
performing the test.".
Renumber all SECTIONS consecutively.
(Reference is to SB 458 as printed January 30, 2002.)
and when so amended that said bill do pass.
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CR045802/DI 14 2002