HB 1792-1_ Filed 02/10/2003, 10:47 Hasler
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that House Bill 1792 be amended to read as follows:
SOURCE: Page 1, line 1; (03)MO179201.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: ; (03)MO179201.1. -->
"SECTION 1. P.L.142-2001, SECTION 3 IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2001
(RETROACTIVE)]: SECTION 3. (a) As used in this SECTION,
"eligible individual" means an individual who:
(1) is a resident of a hospice;
(2) is receiving a routine home care level of care (as described in
42 CFR 418.302(b)); and
(3) is eligible for Medicaid.
(b) As used in this SECTION, "office" refers to the office of
Medicaid policy and planning established by IC 12-8-6-1.
(c) As used in this SECTION, "room and board" means any
inpatient services provided by a hospice in compliance with 42 CFR
418.100 et seq.
(d) As used in this SECTION, "waiver" refers to a demonstration
waiver for reimbursement of hospice room and board.
(e) Before January 1, 2002, the office shall apply to the United
States Department of Health and Human Services for approval of the
necessary demonstration waiver under Section 1115 of the federal
Social Security Act (42 U.S.C. 1315) to provide a per diem amount for
room and board for an eligible individual under the Medicaid hospice
program in an amount equal to ninety-five percent (95%) of the
average case mix per diem rate for Medicaid payments in effect for
health facilities licensed under IC 16-28 as of July 1 of each year.
(f) 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, if the waiver
is approved, the office shall apply within one hundred twenty (120)
days after the waiver is approved for an amendment to the waiver that
contains the provisions under this SECTION that were not included in
the approved waiver.
(g) The office shall notify the governor and the general assembly
in writing regarding the determination of the United States Department
of Health and Human Services concerning the waiver not later than
five (5) days after the office is notified of the determination.
(h) The office may not implement the waiver unless the general
(1) approves the implementation of the waiver; and
(2) appropriates funds for implementation.
(i) (h) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(j) (i) This SECTION expires January 1, 2008.".
SOURCE: Page 1, line 16; (03)MO179201.1. -->
Page 1, after line 16, begin a new paragraph and insert:
SOURCE: ; (03)MO179201.3. -->
"SECTION 3. An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to HB 1792 as printed February 4, 2003.)
MO179201/DI 109 2003