February 21, 2003



DIGEST OF SB 396 (Updated February 19, 2003 1:26 PM - DI 104)

Citations Affected: Noncode.

Synopsis: Informal dispute resolution for nursing homes. Establishes a voluntary informal dispute resolution pilot program for comprehensive care health facilities.

Effective: Upon passage.

Miller, Riegsecker

    January 16, 2003, read first time and referred to Committee on Health and Provider Services.
    February 20, 2003, amended, reported favorably _ Do Pass.

February 21, 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.
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    A BILL FOR AN ACT concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this SECTION, "health facility" refers to a comprehensive care health facility licensed under IC 16-28. The term does not include a health facility that is certified as an intermediate care facility for the mentally retarded (ICF/MR) under 42 CFR 440.150.
     (b) As used in this SECTION "program" refers to the informal dispute resolution program created under subsection (d).
    (c) As used in this SECTION, "state department" refers to the state department of health.
    (d) The state department shall contract with an independent organization that has experience in conducting informal dispute resolution for a state survey agency to create and operate a voluntary informal dispute resolution pilot program for health facilities. The program must comply with the requirements under 42 CFR 488.331.
    (e) A contract entered into under subsection (d) must expire before July 1, 2005, and establish fees to be paid to the independent organization by health facilities that voluntarily use the program.

The fees must cover the full cost of the program, including any training costs by the independent organization.
    (f) Every six (6) months after the effective date of the contract with the independent organization described in subsection (d), the state department and the independent organization shall submit a written report to the select joint commission on Medicaid oversight (IC 2-5-26) that includes information on the effectiveness of the informal dispute resolution program and contains comparative statistics.
    (g) This SECTION expires July 1, 2005.

    SECTION 2. An emergency is declared for this act.

SB 396_LS 7649/DI 107


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