MADAM PRESIDENT:
I move
that Engrossed House Bill 1320 be amended to read as follows:
IC 12-15-16-1) shall transfer to the Medicaid indigent care trust fund
an amount determined jointly by the office and the municipal
disproportionate share provider. A municipal disproportionate share
provider is not required to make intergovernmental transfers under this
section. A municipal disproportionate share provider may make
additional transfers to the Medicaid indigent care trust fund to the extent
necessary to make additional payments from the Medicaid indigent care
trust fund apply to a prior federal fiscal year as provided in
IC 12-15-19-1(b).
(e) A county making a payment under IC 12-29-1-7(b) or from
other county sources to a community mental health center qualifying as
a community mental health center disproportionate share provider for
purposes of IC 12-15-19-9.5 shall certify that the payment represents
expenditures that are eligible for federal financial participation under 42
U.S.C. 1396b(w)(6)(A) and 42 CFR 433.51. The office shall assist a
county in making this certification.
not exceed the community mental health center disproportionate
share provider's institution specific limit under 42 U.S.C.
1396r-4(g). The office shall determine the institution specific limit
for a state fiscal year by taking into account data provided by the
community mental health center disproportionate share provider
that is considered reliable by the office based on:
(1) a periodic audit system;
(2) the use of trending factors; and
(3) an appropriate base year determined by the office.
(e) The office may require independent certification of data
provided by a community mental health center disproportionate
share provider to the office in order to determine the community
mental health center disproportionate share provider's institution
specific limit.
(f) Subjection to section 10(b)(2) and 10(b)(3) of this chapter,
payments under this section may not result in total
disproportionate share payments that are in excess of the state
limit on these expenditures for institutions for mental diseases
under 42 U.S.C. 1396r-4(h). The office may reduce payments due
under this section for a state fiscal year, on a pro rata basis, if the
reduction is necessary to avoid exceeding the state limit on
disproportionate share expenditures for institutions for mental
diseases.
(g) Subject to section 10(b)(3) of this chapter, total
disproportionate share payments under this section for a state
fiscal year must equal ten million dollars ($10,000,000). However,
this amount may be reduced based upon the amounts certified for
community mental health center disproportionate share providers
under IC 12-15-18-5.1(e). The office may reduce the payments due
under this section, on a pro rata basis, based upon the institution
specific limits under 42 U.S.C. 1396r-4(g) of each community
mental health center disproportionate share provider eligible for
a payment under this section for that state fiscal year if the
reduction is necessary to avoid exceeding the total payment limit
established under this subsection.
(h) The office may recover a payment made under subsection
(b) from the community mental health center disproportionate
share provider if federal financial participation is disallowed for
the funds certified under IC 12-15-18-5.1(e) upon which the
payment was based.
providers as follows:
(1) The state shall make disproportionate share provider payments
to municipal disproportionate share providers qualifying under
IC 12-15-16-1(b) until the state exceeds the state disproportionate
share allocation (as defined in 42 U.S.C. 1396r-4(f)(2)).
(2) After the state makes all payments under subdivision (1), if the
state fails to exceed the state disproportionate share allocation (as
defined in 42 U.S.C. 1396r-4(f)(2)), or the state limit on
disproportionate share expenditures for institutions for mental
diseases (as defined in 42 U.S.C. 1396r-4(h)), the state shall make
community mental health center disproportionate share provider
payments to providers qualifying under IC 12-15-16-1(c). The
total paid to the qualified community mental health center
disproportionate share providers under section 9(a) of this
chapter, including the amount of expenditures certified as being
eligible for federal financial participation under IC 12-15-18-5.1(e),
must be at least six million dollars ($6,000,000).
(3) After the state makes all payments under subdivision (2), if the
state fails to exceed the state disproportionate share allocation (as
defined in 42 U.S.C. 1396r-4(f)(2)), the state shall make
disproportionate share provider payments to providers qualifying
under IC 12-15-16-1(a).
(b) For state fiscal years beginning after June 30, 2000, the state
shall pay providers as follows:
(1) The state shall make municipal disproportionate share provider
payments to providers qualifying under IC 12-15-16-1(b) until the
state exceeds the state disproportionate share allocation (as defined
in 42 U.S.C. 1396r-4(f)(2)).
(2) After the state makes all payments under subdivision (1), if the
state fails to exceed the state disproportionate share allocation (as
defined in 42 U.S.C. 1396r-4(f)(2)), the state shall make
disproportionate share provider payments to providers qualifying
under IC 12-15-16-1(a). Beginning in a state fiscal year ending
after June 30, 2003, the total disproportionate share
payments made to a state mental health institution described
in IC 12-24-1-3 must be limited to an amount necessary to
permit disproportionate share payments to be made under
section 9.5 of this chapter without exceeding the state limit
on disproportionate share expenditures for institutions for
mental diseases under 42 U.S.C. 1396r-4(h).
(3) After the state makes all payments under subdivision (2), if the
state fails to exceed the state disproportionate share allocation (as
defined in 42 U.S.C. 1396r-4(f)(2)), or the state limit on
disproportionate share expenditures for institutions for mental
diseases (as defined in 42 U.S.C. 1396r-4(h)), the state shall make
community mental health center disproportionate share provider
payments to providers qualifying under IC 12-15-16-1(c).
disproportionate share payments under section 9.5 of this
chapter.".
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