Second Regular Session 112th General Assembly (2002)
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HOUSE ENROLLED ACT No. 1258
AN ACT to amend the Indiana Code concerning Medicaid.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-15-14-1; (02)HE1258.1.1. -->
SECTION 1. IC 12-15-14-1, AS AMENDED BY P.L.160-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (b),
payment of services for nursing facilities shall be determined under the
same criteria and in a uniform manner for all facilities providing
services.
(b) In addition to reimbursement under the uniform rates of payment
developed for all nursing facilities under subsection (a):
(1) nursing facilities that are owned and or operated by a
governmental entity may receive any additional payments that are
permitted under applicable federal statutes and regulations; and
(2) nursing facilities that are not owned and or operated by a
governmental entity may receive any additional payments that are
permitted under applicable federal statutes and regulations.
(c) Each governmental transfer or other payment mechanism that
the office implements under this chapter must maximize the amount of
federal financial participation that the state can obtain through the
intergovernmental transfer or other payment mechanism.
SOURCE: ; (02)HE1258.1.2. -->
SECTION 2. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) Before July 1, 2002, the office shall do the following:
(1) Identify means by which expenditures from the Indiana
tobacco master settlement agreement fund established by
IC 4-12-1-14.3 are eligible or can be certified as eligible for
federal financial participation under the federal Medicaid
program (42 U.S.C. 1396 et seq.), including the following:
(A) Sources of intergovernmental transfers from
government owned and operated health care entities.
(B) Opportunities for Medicaid waivers or expansion of
waivers.
(2) Apply to the United States Department of Health and
Human Services for approval of the waiver or an amendment
to the state Medicaid plan necessary to implement subdivision
(1).
(3) Develop health care coverage programs or health care
funding mechanisms in the state's Medicaid program
(IC 12-15) to implement subdivision (1).
(4) Publish notice in accordance with federal regulations
stating the office's intent to implement the programs and
mechanisms developed under this SECTION.
(c) The office may not implement a waiver or an amendment to
the state Medicaid plan until the office files an affidavit with the
governor attesting that the federal waiver or amendment to the
state Medicaid plan 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.
(d) 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 (c), the office
shall implement the waiver or amendment not more than sixty (60)
days after the governor receives the affidavit.
(e) The money generated under this SECTION must be used to
mitigate the need for reductions in reimbursement for health
facilities licensed under IC 16-28.
(f) The budget agency shall cooperate with the office in
implementing this SECTION.
(g) This SECTION does not appropriate any funds from the
Indiana tobacco master settlement agreement fund to the office.
(h) The office shall report each month to the budget committee
on the progress of the office in implementing this SECTION.
(i) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(j) This SECTION expires August 1, 2004.
SOURCE: ; (02)HE1258.1.3. -->
SECTION 3. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) The office shall use any additional federal financial
participation for the state Medicaid program that the state receives
through an intergovernmental transfer involving health facilities
licensed under IC 16-28 to mitigate reductions in Medicaid
reimbursement for health facilities licensed under IC 16-28.
(c) This SECTION expires August 1, 2004.
SOURCE: ; (02)HE1258.1.4. -->
SECTION 4.
An emergency is declared for this act.
HEA 1258 _ Concur
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