SB 481-1_ Filed 03/22/2005, 14:07


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

8

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Public Health     , to which was referred       Senate Bill 481     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 3, line 6; (05)AM048103.3. -->     Page 3, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: ; (05)AM048103.4. -->     "SECTION 4. [EFFECTIVE JULY 1, 2005] (a) As used in this SECTION, "eligible Medicaid recipient" means any of the following:
        (1) An individual who is:
            (A) at least sixty (60) years of age; and
            (B) receiving services under a 1915c Medicaid waiver.
        (2) A physically or developmentally disabled individual who is:
            (A) at least eighteen (18) years of age but less than sixty-five (65) years of age; and
            (B) receiving Medicaid home and community based waiver services.
        (3) A developmentally disabled individual who is:
            (A) at least three (3) years of age but less than eighteen (18)

years of age; and
            (B) receiving Medicaid home and community based waiver services.
    (b) As used in this SECTION, "eligible services" means care received in the home or the community by an eligible Medicaid recipient that meets the recipient's long term care needs and without which the recipient would be at risk for institutional placement.
    (c) As used in this SECTION, "office" refers to the office of Medicaid policy and planning established by IC 12-8-6-1.
    (d) Before January 1, 2006, the office shall apply to the United States Department of Health and Human Services for approval of a waiver (commonly referred to as the cash and counseling or cash and carrying demonstration waiver) that would allow an eligible Medicaid recipient to receive a cash allowance or have control of a specific budget so that the recipient may purchase eligible services. The office may include in the waiver request a provision that would allow the office to provide an eligible Medicaid recipient with a case manager to assist the recipient by assessing the recipient's needs and establishing the recipient's budget.
    (e) The office may not implement the waiver until the office files an affidavit with the governor attesting that the federal waiver applied for under this SECTION is in effect. The office shall file the affidavit under this subsection not later than five (5) days after the office is notified by the United States Department of Health and Human Services that the waiver is approved.
    (f) If the office receives approval of a waiver under this SECTION from the United States Department of Health and Human Services and the governor receives the affidavit filed under subsection (e), the office shall implement the waiver not more than sixty (60) days after the governor receives the affidavit.
    (g) The office may adopt rules under IC 4-22-2 necessary to


implement this SECTION.
    (h) This SECTION expires December 31, 2013.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 481 as reprinted February 15, 2005.)

and when so amended that said bill do pass.

__________________________________

Representative Becker


AM048103/DI 77    2005