February 11, 2003
HOUSE BILL No. 1792
DIGEST OF HB 1792
(Updated February 10, 2003 6:05 PM - DI 109)
Citations Affected: Noncode.
Synopsis: Room and board waiver for hospice care. Authorizes the
office of Medicaid policy and planning to implement the hospice room
and board waiver and appropriates an amount sufficient to be used for
the waiver for the fiscal year: (1) beginning July 1, 2003, and ending
June 30, 2004; and (2) beginning July 1, 2004, and ending June 30,
2005. Removes requirement that a program can not be implemented
until the general assembly approves it.
Effective: July 1, 2001 (retroactive); July 1, 2003.
, Brown C
January 21, 2003, read first time and referred to Committee on Public Health.
February 3, 2003, reported _ Do Pass.
February 10, 2003, read second time, amended, ordered engrossed.
February 11, 2003
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1792
A BILL FOR AN ACT concerning Medicaid and to make an
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: ; (03)HB1792.2.1. -->
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: ; (03)HB1792.2.2. -->
SECTION 2. [EFFECTIVE JULY 1, 2003] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) As used in this SECTION, "waiver" refers to the
demonstration waiver for reimbursement of hospice room and
board applied for by the office in compliance with P.L.142-2001,
SECTION 3 and that has been approved by the United States
Department of Health and Human Services.
(c) Before January 1, 2004, the office shall implement the
(d) There is appropriated from the state general fund an
amount sufficient for the office to implement and maintain the
waiver for the fiscal year:
(1) beginning July 1, 2003, and ending June 30, 2004; and
(2) beginning July 1, 2004, and ending June 30, 2005.
(e) This SECTION expires December 31, 2006.
SECTION 3. An emergency is declared for this act.