Reprinted

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.





Hasler , Brown C , Becker , Orentlicher




    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.





Reprinted

February 11, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

HOUSE BILL No. 1792



    A BILL FOR AN ACT concerning Medicaid and to make an appropriation.

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 assembly:
        (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 waiver.
    (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.