Citations Affected: IC 4-22; IC 6-3.5; IC 6-6; IC 12-7; IC 12-15;
IC 12-16; IC 12-16.1; IC 12-17.7; IC 12-17.8; IC 34-30; IC 35-43;
noncode.
Synopsis: Delay of uninsured parents program. Delays the effective
date of the uninsured parents program for two years. Reinstates the
hospital care for the indigent program (which was otherwise repealed
July 1, 2004) until June 30, 2004.
Effective: July 1, 2000 (retroactive); January 1, 2002 (retroactive); July
1, 2002; July 1, 2003.
January 14, 2002, read first time and referred to Committee on Health and Provider
Services.
January 29, 2002, amended, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
SECTION 1. IC 4-22-2-37.1, AS AMENDED BY P.L.204-2001,
SECTION 6, AS AMENDED BY P.L.287-2001, SECTION 1, AND
AS AMENDED BY P.L.283-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 37.1. (a) This section applies to a rulemaking action
resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under IC 9-20-1-3(d) or
IC 9-21-4-7(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under IC 14-22-2-6(d) or IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under IC 13-22-2-3 and classifying a waste as hazardous.
(a)(14) may be extended for two (2) extension periods. Except for a
rule adopted under subsection (a)(14), for a rule adopted under this
section to be effective after one (1) extension period, the rule must be
adopted under:
(1) sections 24 through 36 of this chapter; or
(2) IC 13-14-9;
as applicable.
(h) A rule described in subsection (a)(6), (a)(9), or (a)(13) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under IC 4-22-2.5.
SECTION 2. IC 6-3.5-1.1-15, AS AMENDED BY P.L.283-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 15. (a) As used in this section, "attributed levy" of
a civil taxing unit means the sum of:
(1) the ad valorem property tax levy of the civil taxing unit that is
currently being collected at the time the allocation is made; plus
(2) the current ad valorem property tax levy of any special taxing
district, authority, board, or other entity formed to discharge
governmental services or functions on behalf of or ordinarily
attributable to the civil taxing unit; plus
(3) the amount of federal revenue sharing funds and certified
shares that were used by the civil taxing unit (or any special
taxing district, authority, board, or other entity formed to
discharge governmental services or functions on behalf of or
ordinarily attributable to the civil taxing unit) to reduce its ad
valorem property tax levies below the limits imposed by
IC 6-1.1-18.5; plus
(4) in the case of a county, an amount equal to:
(A) the property taxes imposed by the county in 1999 for the
county's welfare fund and welfare administration fund; plus
(B) after December 31, 2002, 2004, the greater of zero (0) or
the difference between:
(i) the county hospital care for the indigent property tax levy
imposed by the county in 2002, 2004, adjusted each year
after 2002 2004 by the statewide average assessed value
growth quotient described in IC 12-16-14-3; minus
(ii) the current uninsured parents program property tax levy
imposed by the county.
amount to the county auditor to be used to retire outstanding
obligations for a qualified economic development tax project (as
defined in IC 36-7-27-9).
(d) After 1995, the STEP FOUR amount shall be distributed to the
county auditor in January of the ensuing calendar year. The STEP
FOUR amount shall be distributed by the county auditor to the civil
taxing units within thirty (30) days after the county auditor receives the
distribution. Each civil taxing unit's share equals the STEP FOUR
amount multiplied by the quotient of:
(1) the maximum permissible property tax levy under
IC 6-1.1-18.5 for the civil taxing unit, plus, for a county, an
amount equal to:
(A) the property taxes imposed by the county in 1999 for the
county's welfare administration fund; plus
(B) after December 31, 2002, 2004, the greater of zero (0) or
the difference between:
(i) the county hospital care for the indigent property tax levy
imposed by the county in 2002, 2004 adjusted each year
after 2002 2004 by the statewide average assessed value
growth quotient described in IC 12-16-14-3; minus
(ii) the current uninsured parents program property tax levy
imposed by the county; divided by
(2) the sum of the maximum permissible property tax levies under
IC 6-1.1-18.5 for all civil taxing units of the county, plus an
amount equal to:
(A) the property taxes imposed by the county in 1999 for the
county's welfare administration fund; plus
(B) after December 31, 2002, 2004, the greater of zero (0) or
the difference between:
(i) the county hospital care for the indigent property tax levy
imposed by the county in 2002, 2004 adjusted each year
after 2002 2004 by the state statewide average assessed
value growth quotient described in IC 12-16-14-3; minus
(ii) the current uninsured parents program property tax levy
imposed by the county.
SECTION 4. IC 6-3.5-6-18, AS AMENDED BY P.L.283-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 18. (a) The revenue a county auditor receives
under this chapter shall be used to:
(1) replace the amount, if any, of property tax revenue lost due to
the allowance of an increased homestead credit within the county;
(2) fund the operation of a public communications system and
computer facilities district as provided in an election, if any, made
by the county fiscal body under IC 36-8-15-19(b);
(3) fund the operation of a public transportation corporation as
provided in an election, if any, made by the county fiscal body
under IC 36-9-4-42;
(4) make payments permitted under IC 36-7-15.1-17.5;
(5) make payments permitted under subsection (i); and
(6) make distributions of distributive shares to the civil taxing
units of a county.
(b) The county auditor shall retain from the payments of the county's
certified distribution, an amount equal to the revenue lost, if any, due
to the increase of the homestead credit within the county. This money
shall be distributed to the civil taxing units and school corporations of
the county as though they were property tax collections and in such a
manner that no civil taxing unit or school corporation shall suffer a net
revenue loss due to the allowance of an increased homestead credit.
(c) The county auditor shall retain the amount, if any, specified by
the county fiscal body for a particular calendar year under subsection
(i), IC 36-7-15.1-17.5, IC 36-8-15-19(b), and IC 36-9-4-42 from the
county's certified distribution for that same calendar year. The county
auditor shall distribute amounts retained under this subsection to the
county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the civil
taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of the
following:
(1) The amount of revenue that is to be distributed as distributive
shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the total
property taxes that are first due and payable to the civil taxing
unit during the calendar year in which the month falls, plus, for a
county, an amount equal to the property taxes imposed by the
county in 1999 for the county's welfare fund and welfare
administration fund, and after December 31, 2002, 2004, the
greater of zero (0) or the difference between the county hospital
care for the indigent property tax levy imposed by the county in
2002, 2004, adjusted each year after 2002 2004 by the statewide
average assessed value growth quotient described in
IC 12-16-14-3, minus the current uninsured parents program
property tax levy imposed by the county. The denominator of the
fraction equals the sum of the total property taxes that are first
due and payable to all civil taxing units of the county during the
calendar year in which the month falls, plus an amount equal to
the property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund, and after December
31, 2002, 2004, the greater of zero (0) or the difference between
the county hospital care for the indigent property tax levy
imposed by the county in 2002, 2004, adjusted each year after
2002 2004 by the statewide average assessed value growth
quotient described in IC 12-16-14-3, minus the current uninsured
parents program property tax levy imposed by the county.
(f) The state board of tax commissioners shall provide each county
auditor with the fractional amount of distributive shares that each civil
taxing unit in the auditor's county is entitled to receive monthly under
this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The state board of tax commissioners shall make any
adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter to the payment of bonds or lease
rentals to finance a qualified economic development tax project under
IC 36-7-27 in that county or in any other county if the county fiscal
body determines that the project will promote significant opportunities
for the gainful employment or retention of employment of the county's
residents.
SECTION 5. IC 6-3.5-6-18.5, AS AMENDED BY P.L.283-2001,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 18.5. (a) This section applies to a county
containing a consolidated city.
(b) Notwithstanding section 18(e) of this chapter, the distributive
shares that each civil taxing unit in a county containing a consolidated
city is entitled to receive during a month equals the following:
(1) For the calendar year beginning January 1, 1995, calculate the
total amount of revenues that are to be distributed as distributive
shares during that month multiplied by the following factor:
Center Township .0251
Decatur Township .00217
Franklin Township .0023
Lawrence Township .01177
Perry Township .01130
Pike Township .01865
Warren Township .01359
Washington Township .01346
Wayne Township .01307
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .86409
(2) Notwithstanding subdivision (1), for the calendar year
beginning January 1, 1995, the distributive shares for each civil
taxing unit in a county containing a consolidated city shall be not
less than the following:
Center Township $1,898,145
Decatur Township $164,103
Franklin Township $173,934
Lawrence Township $890,086
Perry Township $854,544
Pike Township $1,410,375
Warren Township $1,027,721
Washington Township $1,017,890
Wayne Township $988,397
Lawrence-City $648,848
Beech Grove $639,017
imposed by the county.
STEP SIX: If the STEP THREE result is greater than zero (0),
the STEP ONE amount shall be distributed by multiplying the
STEP ONE amount by the ratio established under subdivision
(1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the
difference between the STEP SEVEN amount minus the
product of the STEP ONE amount multiplied by the ratio
established under subdivision (1). The STEP THREE excess
shall be distributed as provided in STEP NINE only to the civil
taxing units that have a STEP EIGHT difference greater than
or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 and IC 6-1.1-18.6 for the qualifying civil
taxing unit during the calendar year in which the month
falls, plus, for a county, an amount equal to the property
taxes imposed by the county in 1999 for the county's welfare
fund and welfare administration fund, and after December
31, 2002, 2004, the greater of zero (0) or the difference
between the county hospital care for the indigent property
tax levy imposed by the county in 2002, 2004, adjusted each
year after 2002 2004 by the statewide average assessed
value growth quotient described in IC 12-16-14-3, minus the
current uninsured parents program property tax levy
imposed by the county; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all qualifying civil
taxing units of the county during the calendar year in which
the month falls, and an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund, and after December 31,
2002, 2004, the greater of zero (0) or the difference between
the county hospital care for the indigent property tax levy
imposed by the county in 2002, 2004, adjusted each year
after 2002 2004 by the statewide average assessed value
growth quotient described in IC 12-16-14-3, minus the
current uninsured parents program property tax levy
imposed by the county.
SECTION 6. IC 6-3.5-7-12, AS AMENDED BY P.L.283-2001,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 12. (a) Except as provided in section 23 of this
chapter, the county auditor shall distribute in the manner specified in
this section the certified distribution to the county.
(b) Except as provided in subsections (c) and (h) and section 15 of
this chapter, the amount of the certified distribution that the county and
each city or town in a county is entitled to receive during May and
November of each year equals the product of the following:
(1) The amount of the certified distribution for that month;
multiplied by
(2) A fraction. The numerator of the fraction equals the sum of the
following:
(A) Total property taxes that are first due and payable to the
county, city, or town during the calendar year in which the
month falls; plus
(B) For a county, an amount equal to:
(i) the property taxes imposed by the county in 1999 for the
county's welfare fund and welfare administration fund; plus
(ii) after December 31, 2002, 2004, the greater of zero (0) or
the difference between the county hospital care for the
indigent property tax levy imposed by the county in 2002,
2004, adjusted each year after 2002 2004 by the statewide
average assessed value growth quotient described in
IC 12-16-14-3, minus the current uninsured parents program
property tax levy imposed by the county.
The denominator of the fraction equals the sum of the total
property taxes that are first due and payable to the county and all
cities and towns of the county during the calendar year in which
the month falls, plus an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund and
welfare administration fund, and after December 31, 2002, 2004,
the greater of zero (0) or the difference between the county
hospital care for the indigent property tax levy imposed by the
county in 2002, 2004, adjusted each year after 2002 2004 by the
statewide average assessed value growth quotient described in
IC 12-16-14-3, minus the current uninsured parents program
property tax levy imposed by the county.
(c) This subsection applies to a county council or county income tax
council that imposes a tax under this chapter after June 1, 1992. The
body imposing the tax may adopt an ordinance before July 1 of a year
to provide for the distribution of certified distributions under this
subsection instead of a distribution under subsection (b). The following
apply if an ordinance is adopted under this subsection:
(1) The ordinance is effective January 1 of the following year.
(2) The amount of the certified distribution that the county and
each city and town in the county is entitled to receive during May
and November of each year equals the product of:
(A) the amount of the certified distribution for the month;
multiplied by
(B) a fraction. For a city or town, the numerator of the fraction
equals the population of the city or the town. For a county, the
numerator of the fraction equals the population of the part of
the county that is not located in a city or town. The
denominator of the fraction equals the sum of the population
of all cities and towns located in the county and the population
of the part of the county that is not located in a city or town.
(3) The ordinance may be made irrevocable for the duration of
specified lease rental or debt service payments.
(d) The body imposing the tax may not adopt an ordinance under
subsection (c) if, before the adoption of the proposed ordinance, any of
the following have pledged the county economic development income
tax for any purpose permitted by IC 5-1-14 or any other statute:
(1) The county.
(2) A city or town in the county.
(3) A commission, a board, a department, or an authority that is
authorized by statute to pledge the county economic development
income tax.
(e) The state board of tax commissioners shall provide each county
auditor with the fractional amount of the certified distribution that the
county and each city or town in the county is entitled to receive under
this section.
(f) Money received by a county, city, or town under this section
shall be deposited in the unit's economic development income tax fund.
(g) Except as provided in subsection (b)(2)(B), in determining the
fractional amount of the certified distribution the county and its cities
and towns are entitled to receive under subsection (b) during a calendar
year, the state board of tax commissioners shall consider only property
taxes imposed on tangible property subject to assessment in that
county.
(h) In a county having a consolidated city, only the consolidated city
is entitled to the certified distribution, subject to the requirements of
section 15 of this chapter.
IC 12-15-19; and
(B) a reasonable estimate of the amount that would have been
paid for the services described in clause (A) under Medicare
payment principles.
The actual distribution of the amount calculated under this STEP
to a hospital established and operated under IC 16-22-8 shall be
made under the terms and conditions provided for the hospital in
the state plan for medical assistance. Payment to a hospital under
this STEP is not a condition precedent to the tender of payments
to hospitals under STEP SEVEN.
STEP SIX: Subtract the amount calculated under STEP FIVE
from the amount calculated under STEP FOUR.
STEP SEVEN: Distribute an amount equal to the amount
calculated under STEP SIX to the eligible hospitals described in
subsection (c) (d) in proportion to each hospital's hospital specific
limit under 42 U.S.C. 1396r-4(g), as determined by the office.
(c) (d) Subject to subsection (e), (f), reimbursement under this
section consists of a single payment made after the close of each state
fiscal year. Payment for a state fiscal year ending after June 30, 2000,
2002, shall be made before December 31 following the state fiscal
year's end. A payment described in this subsection is not due to a
hospital unless:
(1) the hospital is licensed under IC 16-21 and is established and
operated under IC 16-22-2 or IC 16-23; and
(2) an intergovernmental transfer is made under subsection (d).
(e).
(d) (e) Subject to subsection (e), (f), a hospital may make an
intergovernmental transfer under this subsection, or an
intergovernmental transfer may be made on behalf of the hospital, after
the close of each state fiscal year. An intergovernmental transfer under
this subsection shall be made to the Medicaid indigent care trust fund:
in:
(1) for fiscal years ending after June 30, 1997, but before July
1, 2002, in an amount equal to eighty-five percent (85%) of
the amount determined under subsection (b); and
(2) for a state fiscal year ending after June 30, 2000, in an
amount equal to eighty-five percent (85%) of the amount to be
distributed to the hospital under STEP SEVEN of subsection (b).
(c).
The intergovernmental transfer must be used to fund the state's share
of payments under this section, a portion of the state's share of
disproportionate share payments under IC 12-15-20-2(2), and a portion
of the state's share of funding for the uninsured parents program as
provided under IC 12-15-20-2(5).
(e) (f) A hospital making an intergovernmental transfer under
subsection (d) (e) may appeal under IC 4-21.5 the amount determined
by the office to be paid the hospital under subsection (b) or STEP
SEVEN of subsection (b). (c). The periods described in subsections (c)
(d) and (d) (e) for the hospital to make an intergovernmental transfer
are tolled pending the administrative appeal and any judicial review
initiated by the hospital under IC 4-21.5. The distribution to other
hospitals under subsection (b) or STEP SEVEN of subsection (b) (c)
may not be delayed due to an administrative appeal or judicial review
instituted by a hospital under this subsection. If necessary, the office
may make a partial distribution to the other eligible hospitals under
subsection (b) or STEP SEVEN of subsection (b) (c) pending the
completion of a hospital's administrative appeal or judicial review, at
which time the remaining portion of the payments due to the eligible
hospitals shall be made. A partial distribution may be based upon
estimates and trends calculated by the office.
(f) (g) The office may not implement this section until the federal
Health Care Financing Administration has issued its approval of the
amended state plan for medical assistance. The office may determine
not to continue to implement this section if federal financial
participation is not available.
(g) (h) This subsection applies to the state fiscal year beginning July
1, 2000, 2002, and ending June 30, 2001. 2003. If federal law will not
permit the percentage calculation in STEP THREE of subsection (b) to
be applied to all services identified in STEP ONE of subsection (b) (c)
for the state fiscal year, the amount attributable to the excluded services
to which the percentage calculation does not apply shall be the
maximum amount available without causing the entire amount
calculated in STEP THREE of subsection (b) (c) to exceed the
applicable Medicaid upper payment limit.
(h) (i) For purposes of STEP THREE of subsection (b), (c), if
federal law limits the calculation of the Medicaid upper payment limit
designated for nonstate government owned or operated hospitals to a
percentage less than one hundred fifty percent (150%) of a reasonable
estimate of reimbursement under Medicare payment principles, the
applicable maximum percentage allowed under federal law will be
applied.
SECTION 14. IC 12-15-15-9, AS AMENDED BY P.L.283-2001,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 9. (a) Subject to subsections (e), (f), (g), and (h),
for each state fiscal year ending June 30, 1998, June 30, 1999, June 30,
2000, June 30, 2001, and June 30, 2002, June 30, 2003, and June 30,
2004, a hospital is entitled to a payment under this section.
(b) Subject to subsections (e), (f), (g), and (h), total payments to
hospitals under this section for a state fiscal year shall be equal to all
amounts transferred from the state hospital care for the indigent fund
established under IC 12-16 or IC 12-16.1 for Medicaid current
obligations during the state fiscal year, including amounts of the fund
appropriated for Medicaid current obligations.
(c) The payment due to a hospital under this section must be based
on a policy developed by the office. The policy:
(1) is not required to provide for equal payments to all hospitals;
(2) must attempt, to the extent practicable as determined by the
office, to establish a payment rate that minimizes the difference
between the aggregate amount paid under this section to all
hospitals in a county for a state fiscal year and the amount of the
county's hospital care for the indigent property tax levy for that
state fiscal year; and
(3) must provide that no hospital will receive a payment under
this section less than the amount the hospital received under
IC 12-15-15-8 for the state fiscal year ending June 30, 1997.
(d) Following the transfer of funds under subsection (b), an amount
equal to the amount determined in the following STEPS shall be
deposited in the Medicaid indigent care trust fund under
IC 12-15-20-2(2) and used to fund a portion of the state's share of the
disproportionate share payments to providers for the state fiscal year:
STEP ONE: Determine the difference between:
(A) the amount transferred from the state hospital care for the
indigent fund under subsection (b); and
(B) thirty-five million dollars ($35,000,000).
STEP TWO: Multiply the amount determined under STEP ONE
by the federal medical assistance percentage for the state fiscal
year.
(e) If funds are transferred under IC 12-16-14.1-2(e), those funds
must be used for the state's share of funding for payments to hospitals
under this subsection. A payment under this subsection shall be made
to all hospitals that received a payment under this section for the state
fiscal year beginning July 1, 2001, 2003, and ending June 30, 2002.
2004. Payments under this subsection shall be in proportion to each
hospital's payment under this section for the state fiscal year beginning
July 1, 2001, 2003, and ending June 30, 2002. 2004.
(f) If the office of the uninsured parents program established by
IC 12-17.7-2-1 does not implement an uninsured parents program as
provided for in IC 12-17.7 before July 1, 2003, 2005, and funds are
transferred under IC 12-16-14.1-3, a hospital is entitled to a payment
under this section for the state fiscal year beginning on July 1, 2002.
2004. Payments under this subsection shall be made after July 1, 2003,
2005, but before December 31, 2003. 2005.
(g) If the office does not implement an uninsured parents program
as provided for in IC 12-17.7 before July 1, 2003, 2005, a hospital is
entitled to a payment under this section for state fiscal years ending
after June 30, 2003. 2005.
(h) If funds are transferred under IC 12-17.7-9-2, those funds shall
be used for the state's share of payments to hospitals under this
subsection. A payment under this subsection shall be made to all
hospitals that received a payment under this section for the state fiscal
year beginning July 1, 2001, 2003, and ending June 30, 2002. 2004.
Payments under this subsection shall be in proportion to each hospital's
payment under this section for the state fiscal year beginning July 1,
2001, 2003, and ending June 30, 2002. 2004.
SECTION 15. IC 12-15-16-3, AS AMENDED BY P.L.283-2001,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) For purposes of disproportionate share
eligibility, a provider's low income utilization rate is the sum of the
following, based on the most recent year for which an audited cost
report is on file with the office:
(1) A fraction (expressed as a percentage) for which:
(A) the numerator is the sum of:
(i) the total Medicaid patient revenues paid to the provider;
plus
(ii) the amount of the cash subsidies received directly from
state and local governments, including payments made
under the hospital care for the indigent program
(IC 12-16-2) (before its repeal) and IC 12-16-2.5; and
(B) the denominator is the total amount of the provider's
patient revenues paid to the provider, including cash subsidies;
and
(2) A fraction (expressed as a percentage) for which:
(A) the numerator is the total amount of the provider's charges
for inpatient services that are attributable to care provided to
individuals who have no source of payment; and
(B) the denominator is the total amount of charges for
inpatient services.
(b) The numerator in subsection (a)(1)(A) does not include
contractual allowances and discounts other than for indigent patients
not eligible for Medicaid.
SECTION 16. IC 12-15-20-2, AS AMENDED BY P.L.283-2001,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000 (RETROACTIVE)]: Sec. 2. The Medicaid indigent care
trust fund is established to pay the state's share of the following:
(1) Enhanced disproportionate share payments to providers under
IC 12-15-19-1.
(2) Subject to subdivision (5), disproportionate share payments to
providers under IC 12-15-19-2.1.
(3) Medicaid payments for pregnant women described in
IC 12-15-2-13 and infants and children described in
IC 12-15-2-14.
(4) Municipal disproportionate share payments to providers under
IC 12-15-19-8.
(5) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund under IC 12-15-15-1.1(d),
IC 12-15-15-1.1(e), the following apply:
(A) The entirety of the intergovernmental transfers deposited
into the Medicaid indigent care trust fund under
IC 12-15-15-1.1(d) IC 12-15-15-1.1(e) for state fiscal years
ending on or before June 30, 2000, shall be used to fund the
state's share of the disproportionate share payments to
providers under IC 12-15-19-2.1.
(B) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund under IC 12-15-15-1.1(d)
IC 12-15-15-1.1(e) for the state fiscal years ending after June
30, 2000, but before July 1, 2002, an amount equal to one
hundred percent (100%) of the total intergovernmental
transfers deposited into the Medicaid indigent care trust fund
under IC 12-15-15-1.1(d) IC 12-15-15-1.1(e) for the state
fiscal year beginning July 1, 1998, and ending June 30, 1999,
shall be used to fund the state's share of disproportionate share
payments to providers under IC 12-15-19-2.1. The remainder
of the intergovernmental transfers under IC 12-15-15-1.1(d)
IC 12-15-15-1.1(e) for the state fiscal year years shall be
transferred to the state uninsured parents program fund
established under IC 12-17.8-2-1 to fund the state's share of
funding for the uninsured parents program established under
IC 12-17.7. used to fund the state's share of additional
Medicaid payments to hospitals licensed under IC 16-20
pursuant to a methodology adopted by the office.
under IC 12-15-8 and IC 12-15-29:
(1) The division.
(2) Applicants and recipients of assistance.
(3) Insurers.
(4) Persons against whom applicants and recipients of
assistance have claims.
(5) The office of Medicaid policy and planning.
Sec. 4. To the extent permitted under federal statutes or
regulations, patient days for patients under the hospital care for
the indigent program shall be included in calculating allowable
disproportionate share additional payments under 42 U.S.C. 1395
ww(d).
Sec. 5. The hospital care for the indigent program does not
apply to inmates and patients of institutions of the department of
correction, the state department of health, the division of mental
health and addiction, or the division of disability, aging, and
rehabilitative services.
Sec. 6. This chapter expires June 30, 2004.
SECTION 18. IC 12-16-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 3.5. Hospital Care for the Indigent; Eligibility for
Assistance
Sec. 1. (a) An Indiana resident who meets the income and
resource standards established by the division under section 3 of
this chapter is eligible for assistance to pay for any part of the cost
of care provided in a hospital in Indiana that was necessitated after
the onset of a medical condition that was manifested by symptoms
of sufficient severity that the absence of immediate medical
attention would probably result in any of the following:
(1) Placing the individual's life in jeopardy.
(2) Serious impairment to bodily functions.
(3) Serious dysfunction of a bodily organ or part.
(b) A qualified resident is also eligible for assistance to pay for
the part of the cost of care that is a direct consequence of the
medical condition that necessitated the emergency care.
Sec. 2. (a) An individual who is not an Indiana resident is
eligible for assistance to pay for the part of the cost of care
provided in a hospital in Indiana that was necessitated after the
onset of a medical condition that was manifested by symptoms of
sufficient severity that the absence of immediate medical attention
would probably result in any of the following:
(1) Placing the individual's life in jeopardy.
(2) Serious impairment to bodily functions.
(3) Serious dysfunction of any bodily organ or part.
(b) An individual is eligible for assistance under subsection (a)
only if the following qualifications exist:
(1) The individual meets the income and resource standards
established by the division under section 3 of this chapter.
(2) The onset of the medical condition that necessitated
medical attention occurred in Indiana.
Sec. 3. (a) The division shall adopt rules under IC 4-22-2 to
establish income and resource eligibility standards for patients
whose care is to be paid under the hospital care for the indigent
program.
(b) To the extent possible, rules adopted under this section must
meet the following conditions:
(1) Be consistent with IC 12-15-21-2 and IC 12-15-21-3.
(2) Be adjusted at least one (1) time every two (2) years.
(c) The income and eligibility standards established under this
section do not include any spend down provisions available under
IC 12-15-21-2 or IC 12-15-21-3.
(d) In addition to the conditions imposed under subsection (b),
rules adopted under this section must exclude a Holocaust victim's
settlement payment received by an eligible individual from the
income and eligibility standards for patients whose care is to be
paid for under the hospital care for the indigent program.
Sec. 4. A hospital shall provide a patient, and if the patient is not
able to understand the statement, the patient's representative, with
a statement of the eligibility and benefit standards adopted by the
division if at least one (1) of the following occurs:
(1) The hospital has reason to believe that the patient may be
indigent.
(2) The patient requests a statement of the standards.
Sec. 5. This chapter expires June 30, 2004.
SECTION 19. IC 12-16-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 4.5. Hospital Care for the Indigent; Application for
Assistance
Sec. 1. To receive payment from the division for the costs
incurred in providing care to an indigent person, a hospital must
file an application with the county office of the county in which the
hospital is located.
provide information the hospital has that would assist in the
verification of indigency of a patient.
(b) A hospital that provides information under subsection (a) is
immune from civil and criminal liability for divulging the
information.
Sec. 3. If the division or county office is unable after prompt and
diligent efforts to verify information contained in the application
that is reasonably necessary to determine eligibility, the division or
county office may deny assistance under the hospital care for the
indigent program.
Sec. 4. The division or county office shall notify in writing the
patient and the hospital of the following:
(1) A decision concerning eligibility.
(2) The reasons for a denial of eligibility.
(3) That either party has the right to appeal the decision.
Sec. 5. This chapter expires June 30, 2004.
SECTION 21. IC 12-16-6.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 6.5. Hospital Care for the Indigent; Denial of
Eligibility; Appeals; Judicial Review
Sec. 1. If the division or county office determines that a patient
is not eligible for payment of medical or hospital care, an affected
person may appeal to the division not later than ninety (90) days
after the mailing of notice of that determination to the affected
person at the person's last known address.
Sec. 2. If the division or county office:
(1) fails to complete an investigation and determination of
eligibility under the hospital care for the indigent program
not more than forty-five (45) days after the receipt of the
application filed under IC 12-16-4.5; or
(2) fails or refuses to accept responsibility for payment of
medical or hospital care under the hospital care for the
indigent program;
a person affected may appeal to the division not more than ninety
(90) days after the receipt of the application filed under
IC 12-16-4.5.
Sec. 3. The division shall fix a time and place for a hearing
before a hearing officer appointed by the director of the division.
Sec. 4. A notice of the hearing shall be served upon all persons
interested in the matter at least twenty (20) days before the time
fixed for the hearing.
indigent program for claims approved for patients admitted in that
year is limited to the sum of the following:
(1) The amount transferred to the state hospital care for the
indigent fund from county hospital care for the indigent funds
in that year under IC 12-16-14.
(2) Any contribution to the fund in that year.
(3) Any amount that was appropriated to the state hospital
care for the indigent fund for that year by the general
assembly.
(4) Any amount that was carried over to the state hospital
care for the indigent fund from a preceding year.
(c) This section does not obligate the general assembly to
appropriate money to the state hospital care for the indigent fund.
Sec. 5. Before the end of each state fiscal year, the division shall,
to the extent there is money in the state hospital care for the
indigent fund, pay each provider under the hospital care for the
indigent program a pro rata part of the one-third (1/3) balance on
each approved claim for patients admitted during the preceding
year.
Sec. 6. If:
(1) a claim for a patient admitted during a particular year is
not submitted by the deadline established by the division; and
(2) the failure to submit the claim is not the fault of the
provider;
the claim shall be considered a claim for the year the claim is
submitted for purposes of payment under this chapter.
Sec. 7. The division and a county office are not responsible
under the hospital care for the indigent program for the payment
of any part of the costs of providing care in a hospital to an
individual who is not either of the following:
(1) A citizen of the United States.
(2) A lawfully admitted alien.
Sec. 8. The division and a county office are not liable for any
part of the cost of care provided to an individual who has been
determined to be a patient described in the rules adopted under
IC 12-16-10.5.
Sec. 9. IC 12-16-2.5 through IC 12-16-16.5 does not affect the
liability of a county with respect to claims for hospital care for the
indigent for patients admitted before January 1, 1987.
Sec. 10. (a) The budget agency shall estimate for each fiscal year
the cost savings to the state hospital care for the indigent fund as
the result of the provision of Medicaid to an individual described
in IC 12-15-2-12 and IC 12-15-2-13.
(b) The budget agency shall recommend to the general assembly
each fiscal year that an amount equal to the cost savings be
transferred from the state hospital care for the indigent fund to the
state general fund.
Sec. 11. Providers eligible for payment under IC 12-15-15-9 may
not receive payment under this chapter.
Sec. 12. All providers receiving payment under this chapter
agree to accept, as payment in full, the amount paid for the hospital
care for the indigent program for those claims submitted for
payment under the program, with the exception of authorized
deductibles, co-insurance, co-payment, or similar cost-sharing
charges.
Sec. 13. This chapter expires June 30, 2004.
SECTION 23. IC 12-16-8.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 8.5. Hospital Care for the Indigent; Disproportionate
Share Providers
Sec. 1. As used in this chapter, "inpatient days" includes:
(1) days provided by an acute care subunit of the provider;
and
(2) inpatient days attributable to Medicaid and hospital care
for the indigent beneficiaries from other states.
Sec. 2. A payment adjustment consisting of an additional
percentage payment for each service paid under the hospital care
for the indigent program may be made to a disproportionate share
hospital licensed under IC 16-21 that meets the requirements
under section 3 of this chapter.
Sec. 3. A provider is a disproportionate share hospital if the
provider's Medicaid inpatient utilization rate is at least one (1)
standard deviation above the mean Medicaid inpatient utilization
rate for providers receiving Medicaid payments in Indiana.
Sec. 4. A provider's Medicaid inpatient utilization rate is a
fraction (expressed as a percentage) in which:
(1) the numerator is the provider's total number of Medicaid
and health care for the indigent inpatient days in a cost
reporting period; and
(2) the denominator is the total number of the provider's
inpatient days in that same period.
Sec. 5. A disproportionate share hospital must receive a twenty
percent (20%) adjustment for each service.
payable in calendar year 2002; 2004; multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable; and
(2) for all subsequent annual levies under this section:
(A) a levy equal to the hospital care for the indigent program
property tax levy for taxes first due and payable in the
preceding calendar year; multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable.
SECTION 30. IC 12-16-14-3.4, AS ADDED BY P.L.283-2001,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3.4. A county having a population of at least four
hundred thousand (400,000) but less than seven hundred thousand
(700,000) shall have a hospital care for the indigent property tax levy
equal to the product of:
(1) for the initial annual levy under this chapter following July 1,
2002, 2004, a levy equal to:
(A) the difference between:
(i) the hospital care for the indigent property tax levy for
taxes first due and payable in calendar year 2002; 2004;
minus
(ii) four million dollars ($4,000,000); multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable; and
(2) for all subsequent annual levies under this section:
(A) a levy equal to the hospital care for the indigent program
levy for taxes first due and payable in the preceding calendar
year; multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable.
SECTION 31. IC 12-16-14-3.7, AS ADDED BY P.L.283-2001,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3.7. A county having a population of at least two
hundred thousand (200,000) but less than three hundred thousand
(300,000) shall have a hospital care for the indigent property tax levy
equal to the product of:
(1) for the initial annual levy under this chapter following July 1,
2002, 2004, a levy equal to:
(A) the difference between:
(i) the hospital care for the indigent property tax levy for
taxes first due and payable in calendar year 2002; 2004;
minus
(ii) one million dollars ($1,000,000); multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable; and
(2) for all subsequent annual levies under this section:
(A) a levy equal to the hospital care for the indigent program
levy for taxes first due and payable in the preceding calendar
year; multiplied by
(B) the statewide average assessed value growth quotient,
using all the county assessed value growth quotients
determined under IC 6-1.1-18.5-2 for the year in which the tax
levy under this subdivision will be first due and payable.
SECTION 32. IC 12-16-14.1-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 0.5. This chapter applies after
June 30, 2004.
SECTION 33. IC 12-16-14.1-1, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. (a) All funds in a county hospital care for the
indigent fund on July 1, 2002, 2004, derived from taxes levied under
IC 12-16-14-1(1) or allocated under IC 12-16-14-1(2) shall be
immediately transferred to the state hospital care for the indigent fund.
(b) Subject to subsection (d), beginning July 1, 2002, 2004, all tax
receipts derived from taxes levied under IC 12-16-14-1(1) that are first
due and payable in calendar year 2002 2004 or earlier, or allocated
under IC 12-16-14-1(2) in calendar year 2002 2004 or earlier, shall be
paid into the county general fund. Before the fifth day of each month,
all of the tax receipts paid into the general fund under this subdivision
subsection during the preceding month shall be transferred to the state
hospital care for the indigent fund.
(c) All tax receipts derived from taxes levied under
IC 12-16-14-1(1) that are first due and payable after calendar year
2002, 2004, or allocated under IC 12-16-14-1(2) after calendar year
2002, 2004, shall be paid into the county general fund. Before the fifth
day of each month, all of the tax receipts paid into the general fund
under this subdivision subsection during the preceding month shall be
transferred to the state uninsured parents program fund established by
IC 12-17.8-2-1.
(d) If the state hospital care for the indigent fund is closed under
section 2(d) of this chapter at the time a transfer of receipts is to be
made to the fund, the receipts shall be transferred to the state uninsured
parents program fund established by IC 12-17.8-2-1.
SECTION 34. IC 12-16-14.1-2, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 2. (a) Subject to subsections (b), (c), and (e), and
subject to the requirements of IC 12-15-15-9(b) regarding
appropriations from the state hospital care for the indigent fund for
Medicaid current obligations, beginning July 1, 2002, 2004, all funds
deposited in the state hospital care for the indigent fund derived from
taxes levied under IC 12-16-14-1(1) or allocated under
IC 12-16-14-1(2) shall be used by the division to pay claims for
services:
(1) eligible for payment under the hospital care for the indigent
program under IC 12-16-2 (before its repeal); and
(2) provided before July 1, 2002. 2004.
(b) This section may not delay, limit, or reduce the following:
(1) Any appropriation required under state law from the state
hospital care for the indigent fund for Medicaid current
obligations for the state fiscal years beginning July 1, 2000, 2002,
and July 1, 2001, 2003, for purposes of payments under
IC 12-15-15-9(a) through IC 12-15-15-9(d) for the state fiscal
years beginning July 1, 2000, 2002, and July 1, 2001. 2003.
(2) The transfer of additional funds from the state hospital care for
the indigent fund for Medicaid current obligations anticipated
under IC 12-15-15-9(b) for purposes of IC 12-15-15-9(a) through
IC 12-15-15-9(d) for the state fiscal years beginning July 1, 2000,
2002, and July 1, 2001. 2003.
(3) For state fiscal years beginning after June 30, 2002, 2004, any
other appropriation required under state law from the state
hospital care for the indigent fund for the uninsured parents
program established under IC 12-17.7-2-2. IC 12-17.7-2-1.
(c) The division shall cooperate with the office in causing the
appropriations and transfers from the state hospital care for the indigent
fund described in subsection (b) to occur.
(d) The state hospital care for the indigent fund shall close upon the
earlier of the following:
(1) The payment of all funds in the fund.
(2) The payment of all claims for services provided before July 1,
2002, 2004, that were eligible for payment under the hospital care
for the indigent program under IC 12-16-2 (before its repeal).
(e) Notwithstanding subsection (d) and IC 12-16.1, if at any time
before the closing of the state hospital care for the indigent fund the
amount of funds on deposit exceeds the amount necessary to pay the
claims for services provided before July 1, 2002, 2004, that were
eligible for payment under the hospital care for the indigent program
under IC 12-16 IC 12-16-7 (before its repeal), those excess funds shall
be transferred from the fund for use as the state's share of funding for
payments to hospitals under IC 12-15-15-9(e). Subject to the operation
of sections 5 and 6 of this chapter, amounts deposited in the state
hospital care for the indigent fund under IC 12-16.1 are not subject to
this subsection.
(f) Upon the closing of the state hospital care for the indigent fund,
no further obligation shall be owed under the hospital care for the
indigent program under IC 12-16-2 (before its repeal).
SECTION 35. IC 12-16-14.1-3, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. If the office does not implement an uninsured
parents program as provided for in IC 12-17.7 before July 1, 2003,
2005, the amounts transferred under this chapter to the state uninsured
parents program fund established by IC 12-17.8-2-1 shall be distributed
as follows:
STEP ONE: Calculate the total amount of funds deposited in the
state hospital care for the indigent fund for the period of July 1,
2000, 2002, through June 30, 2001. 2003.
STEP TWO: Of the funds calculated under STEP ONE, calculate
the percentage of those funds transferred from the state hospital
care for the indigent fund for purposes of funding Medicaid
obligations and payments under IC 12-15-15-9 for the state fiscal
year beginning July 1, 2000. 2002.
STEP THREE: Multiply an amount equal to the amounts
transferred under this chapter to the state uninsured parents
program fund by the percentage calculated under STEP TWO.
STEP FOUR: Transfer an amount equal to one hundred percent
(100%) of the amount calculated under STEP THREE for
purposes of funding the state's share of payments under
IC 12-15-15-9(f).
STEP FIVE: Transfer the funds remaining after the transfer under
STEP FOUR to the state hospital care for the indigent fund
established under IC 12-16.1-13-3.
SECTION 36. IC 12-16-14.1-5, AS ADDED BY P.L.283-2001,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 5. If the office does not implement an uninsured
parents program as provided for in IC 12-17.7 before July 1, 2003:
2005:
(1) the transfer of funds under this chapter will cease on July 1,
2003; 2005;
(2) all tax receipts on deposit in a county general fund under
section 1(b) of this chapter shall be immediately transferred to the
state hospital care for the indigent fund for use as provided in
section 2 of this chapter or, if the state hospital care for the
indigent fund is closed, to the state uninsured parents program
fund;
(3) on July 1, 2003, 2005, all tax receipts on deposit in a county
general fund under section 1(c) of this chapter shall be
immediately transferred to the state uninsured parents program
fund for distribution under section 3 of this chapter; and
(4) all funds deposited in the state hospital care for the indigent
fund shall be used as provided in section 2 of this chapter.
SECTION 37. IC 12-16-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Chapter 15.5. Hospital Care for the Indigent; Advancements
From State Fund
Sec. 1. The division may request an advancement of money from
the state general fund in anticipation of county property tax
revenue being transferred to the state hospital care for the indigent
fund.
Sec. 2. (a) The budget director shall determine an interest rate
that is at least the interest rate earned by the state on investments
made from money in the state general fund.
(b) The interest rate shall be paid on the amount that is
advanced from the state general fund.
Sec. 3. The amount that may be advanced, plus the projected
interest on that amount, may not exceed the amount of county
property tax revenue that is expected to be transferred to the state
hospital care for the indigent fund during the six (6) months
following the date of the request.
Sec. 4. A request for an advancement must be submitted to the
budget agency.
30, 2004.
SECTION 42. IC 12-17.8-1-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 0.5. This article applies after June
30, 2003.
SECTION 43. IC 12-17.8-1-1, AS ADDED BY P.L.283-2001,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. This chapter applies beginning July 1, 2002.
2004.
SECTION 44. IC 12-17.8-2-4, AS ADDED BY P.L.283-2001,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 4. (a) Subject to subsections (c) and (d), money in
the state uninsured parents program fund at the end of a state fiscal
year remains in the fund and does not revert to the state general fund.
(b) For each state fiscal year beginning July 1, 2002, 2004, the
office of the uninsured parents program established by IC 12-17.7-2-1
Medicaid policy and planning established by IC 12-8-6-1 shall
transfer from the state uninsured parents program fund an amount
equal to the amount determined by multiplying thirty-five million
dollars ($35,000,000) by the federal medical assistance percentage for
the state fiscal year. The transferred amount shall be used for Medicaid
current obligations. The transfer may be made in a single payment or
multiple payments throughout the state fiscal year.
(c) At the end of a state fiscal year, the office shall do the following:
(1) Determine the sums on deposit in the state uninsured parents
program fund.
(2) Calculate a reasonable estimate of the sums to be transferred
to the state uninsured parents program fund during the next state
fiscal year, taking into consideration the timing of the transfers.
(3) Calculate a reasonable estimate of the expenses to be paid by
the program during the next state fiscal year, taking into
consideration the likely number of enrollees in the program
during the next state fiscal year.
(d) If the amount on deposit in the state uninsured parents program
fund at the end of a state fiscal year, combined with the estimated
amount of transfers of funds into the fund during the next state fiscal
year, exceeds the estimate of the expenses to be paid by the program
during the next state fiscal year, then a sum equal to the excess amount
shall be transferred from the funds on deposit in the state uninsured
parents program fund at the end of the state fiscal year to the Medicaid
indigent care trust fund for purposes of IC 12-15-20-2(5)(D).
SECTION 45. IC 34-30-2-45.5, AS ADDED BY P.L.283-2001,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 45.5. IC 12-16-4.5-6, and after June 30, 2004,
IC 12-16.1-4-6 (Concerning persons who aid a patient in completing an
application for assistance under the hospital care for the indigent
program).
SECTION 46. IC 34-30-2-45.7, AS ADDED BY P.L.283-2001,
SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 45.7. IC 12-16-5.5-2, and after June 30, 2004,
IC 12-16.1-5-2 (Concerning hospitals for providing information
verifying indigency of patient).
SECTION 47. IC 34-30-2-45.9, AS ADDED BY P.L.283-2001,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 45.9. IC 12-16-13.5-1, and after June 30, 2004,
IC 12-16.1-12-1 (Concerning hospitals or persons providing services
under the hospital care for the indigent program).
SECTION 48. IC 35-43-5-7.3, AS ADDED BY P.L.283-2001,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2002 (RETROACTIVE)]: Sec. 7.3. (a) After June 30,
2004, except as provided in subsection (b), a person who knowingly or
intentionally:
(1) files an uninsured parents program claim, including an
electronic claim, in violation of IC 12-17.7;
(2) obtains payment from the uninsured parents program under
IC 12-17.7 by means of a false or misleading oral or written
statement or other fraudulent means;
(3) acquires a provider number under the uninsured parents
program except as authorized by law;
(4) alters with intent to defraud or falsifies documents or records
of a provider (as defined in 42 CFR 1002.301) that are required
to be kept under the uninsured parents program; or
(5) conceals information for the purpose of applying for or
receiving unauthorized payments from the uninsured parents
program;
commits insurance fraud, a Class D felony.
(b) The offense described in subsection (a) is a Class C felony if the
fair market value of the offense is at least one hundred thousand dollars
($100,000).
SECTION 49. P.L.283-2001, SECTION 41, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: SECTION 41.
Notwithstanding any other provision of this act, the following are not
prohibited or limited:
(1) A levy of taxes under IC 12-16-14-1(1) before July 1, 2002,
2004 or the collection of those taxes after July 1, 2002. 2004.
(2) An assessment of taxes under IC 12-16-14-1(2) before July 1,
2002, 2004, or the collection and allocation of those taxes after
July 1, 2002. 2004.
SECTION 50. P.L.283-2001, SECTION 42, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: SECTION 42. (a)
As used in this SECTION, "office" refers to the office of the secretary
of family and social services established by IC 12-8-1-1.
(b) If necessary, the office shall apply to the federal Health Care
Financing Administration for approval of the necessary state plan
amendment and demonstration waiver (42 U.S.C. 1396 et seq.) to
implement the uninsured parents program established under
IC 12-17.7, as added by this act, as a non-open ended entitlement
program that takes into consideration the fact that enrollment levels
must be adjusted to prevent state expenditures beyond revenues
dedicated to fund the program.
(c) The office may not implement a state plan amendment or a
waiver until the office files an affidavit with the governor attesting that
both the amendment and waiver applied for under this SECTION are
in effect. The office shall file the affidavit under this subsection not
later than five (5) days after the office is notified that both the
amendment and the waiver are approved.
(d) If the office receives approval of the state plan amendment and
waiver request from the federal Health Care Financing Administration
and the governor receives the affidavit under subsection (c), the office
shall implement the state plan amendment and waiver thirty (30) days
after the governor receives the affidavit under subsection (c).
(e) Notwithstanding subsection (d), the office shall not in any event
implement the state plan amendment and waiver:
(1) before:
(A) January 1, 2002; 2004; and
(B) requisite funds for the program's implementation are
available or projected to be available, as determined by the
office;
(2) if federal law does not allow an upper payment limit
designated for Medicaid reimbursement to nonstate government
owned or operated hospitals equal to one hundred fifty percent
(150%) of a reasonable estimate of reimbursement under
Medicare payment principles; or
(3) after June 30, 2003. 2005.
(f) As soon as possible after the date that the office implements the
state plan amendment and waiver, the office shall: