HOUSE BILL No. 1440
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-3-2-1; IC 6-3-7-3.
Synopsis: Medicaid coverage of pregnant women and children.
Requires the office of Medicaid policy and planning to apply for a state
Medicaid plan amendment that would provide: (1) certain medical
coverage for pregnant women who have been residents of Indiana for
at least 12 months; and (2) health care services for children living in
Indiana who are less than 13 years of age; regardless of their family
income. Increases the corporate income tax rate to fund the additional
coverage. Provides for a refund of the amount collected if the federal
government does not approve the plan amendment.
Effective: July 1, 2005; January 1, 2006.
January 18, 2005, read first time and referred to Committee on Public Health.
First Regular Session 114th General Assembly (2005)
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HOUSE BILL No. 1440
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-3-2-1; (05)IN1440.1.1. -->
SECTION 1. IC 6-3-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 1. (a) Each taxable year, a tax
at the rate of three and four-tenths percent (3.4%) of adjusted gross
income is imposed upon the adjusted gross income of every resident
person, and on that part of the adjusted gross income derived from
sources within Indiana of every nonresident person.
(b) Except as provided in section 1.5 of this chapter, each taxable
year, a tax at the rate of
eight nine and five-tenths percent (8.5%)
(9.5%) of adjusted gross income is imposed on that part of the adjusted
gross income derived from sources within Indiana of every corporation.
SOURCE: IC 6-3-7-3; (05)IN1440.1.2. -->
SECTION 2. IC 6-3-7-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2006]: Sec. 3. (a) All revenues derived
from collection of the adjusted gross income tax imposed on
corporations shall be deposited in the state general fund. Ten and
fifty-two hundredths percent (10.52%) of the revenue shall be
placed in a special account in the state general fund for the purpose
of funding under the state Medicaid program health care coverage
(1) pregnant women; and
(2) children less than thirteen (13) years of age;
who are eligible for Medicaid coverage under a Medicaid waiver
that extends eligibility under the Medicaid program to individuals
whose family income exceeds the maximum family income for
individuals eligible for Medicaid coverage in the absence of the
Medicaid waiver. After December 31, 2005, the budget agency shall
determine on an annual basis whether coverage for these services
under a Medicaid waiver has been approved by the United States
Department of Health and Human Services. If the budget agency
determines that coverage of these services under a Medicaid
waiver has not been approved, money in the account shall be
refunded to each corporation having any tax liability in the year in
proportion to the total tax liability of all corporations with taxable
years ending in that year. Refunds shall be made under the
schedule and in the manner prescribed by the department.
(b) All revenues derived from collection of the adjusted gross
income tax imposed on persons shall be deposited as follows:
(1) Eighty-six percent (86%) in the state general fund.
(2) Fourteen percent (14%) in the property tax replacement fund.
SOURCE: ; (05)IN1440.1.3. -->
SECTION 3. [EFFECTIVE JANUARY 1, 2006] IC 6-3-2-1 and
IC 6-3-7-3, both as amended by this act, apply only to taxable years
beginning after December 31, 2005.
SOURCE: ; (05)IN1440.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2005] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) The office shall apply to the United States Department of
Health and Human Services for approval to amend the state
Medicaid plan to provide coverage of the following services,
regardless of the individual's family income:
(1) Coverage for pregnancy related medical services for an
(A) is pregnant; and
(B) has been a resident of Indiana for at least twelve (12)
(2) Coverage for health care services for a child living in
Indiana who is less than thirteen (13) years of age.
(c) The office may not implement the amendment until the office
files an affidavit with the governor attesting that the amendment
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 amendment is approved.
(d) If the office receives approval for the amendment under this
SECTION and the governor receives the affidavit filed under
subsection (c), the office shall implement the amendment not more
than sixty (60) days after the governor receives the affidavit.
(e) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(f) This SECTION expires December 31, 2012.
SOURCE: ; (05)IN1440.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 12-15-2-13 and regardless of the individual's family income, the
coverage described under SECTION 4 of this act is extended to a
pregnant individual sixty (60) days after the governor receives the
affidavit required under SECTION 4 of this act.
(b) This SECTION expires December 31, 2008.
SOURCE: ; (05)IN1440.1.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 12-15-2-14 and IC 12-17.6-3-2 and regardless of the individual's
family income, the coverage described in SECTION 4 of this act is
extended to a child who is less than thirteen (13) years of age sixty
(60) days after the governor receives the affidavit required under
SECTION 4 of this act.
(b) This SECTION expires December 31, 2008.