Introduced Version
HOUSE BILL No. 1675
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10-10; IC 12-10-11.5-4.5.
Synopsis: CHOICE and Medicaid waivers. Requires a local area
agency on aging case manager to determine an individual's eligibility
for the community and home options to institutional care for the elderly
and disabled program (CHOICE) and to maintain records of eligible
individuals. Prohibits the office of the secretary of family and social
services (office of the secretary) from transferring or reverting back to
the state general fund money that was appropriated for CHOICE under
specified circumstances. Prohibits a reimbursement rate under
CHOICE from being lower than the Medicaid waiver reimbursement
rate for the same service. Allows the negotiation of higher
reimbursement rates for CHOICE under specified circumstances.
Requires Medicaid waiver services to meet the same service and
quality standards as those required for CHOICE. Requires the office of
the secretary to adopt a plan before July 1, 2007, to service all CHOICE
eligible individuals by January 1, 2008. Requires the office of the
secretary to report to the health finance commission concerning the
progress in the implementation of these provisions.
Effective: Upon passage.
Brown C
January 23, 2007, read first time and referred to Committee on Public Health.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1675
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-10-10-6.1; (07)IN1675.1.1. -->
SECTION 1. IC 12-10-10-6.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.1. (a) A local area agency on
aging case manager shall determine whether an individual is
eligible for the program.
(b) The office of the secretary shall require a local area agency
on aging to maintain records of each individual who the agency
determines is eligible for:
(1) the program; or
(2) any home and community based service.
SOURCE: IC 12-10-10-6.7; (07)IN1675.1.2. -->
SECTION 2. IC 12-10-10-6.7 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]:
Sec. 6.7. (a) Notwithstanding any
other law, including a law passed in the 2007 general assembly, the
office of the secretary may not use funds appropriated to the
program for any other program or purpose if using the funds for
another purpose would result in an eligible individual being
prevented from receiving program services within sixty (60) days
after being determined eligible for the program.
(b) Money appropriated to the program by the general assembly
does not revert back to the state general fund if the program has
eligible individuals waiting for services on a waiting list.
SOURCE: IC 12-10-10-12; (07)IN1675.1.3. -->
SECTION 3. IC 12-10-10-12, AS ADDED BY P.L.246-2005,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) The office of the
secretary, in consultation with the local area agencies on aging, shall
negotiate reimbursement rates for services provided under this chapter.
(b) Payments for services under this chapter may not be counted in
a Medicaid recipient's spend down requirement in IC 12-15.
(c) Reimbursement rates for program services provided under
this chapter may not be at a rate that is lower than the
reimbursement rate for the same service provided under a
Medicaid waiver.
(d) The negotiated reimbursement rates for the program may
be higher than Medicaid waiver reimbursement rates in order to
respond to local market needs and conditions. If the local area
agency on aging negotiates a reimbursement rate for a program
service provided under this chapter that is more than two percent
(2%) of the reimbursement rate for the same service provided
under a Medicaid waiver, the local area agency on aging must first
receive approval for the rate from the office of the secretary.
SOURCE: IC 12-10-11.5-4.5; (07)IN1675.1.4. -->
SECTION 4. IC 12-10-11.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) A service that is
provided to a recipient through a Medicaid waiver must meet the
service and quality standards established:
(1) for the community and home options to institutional care
for the elderly and disabled program established by
IC 12-10-10-6; and
(2) by this chapter.
(b) A recipient of services or a recipient's representative is
entitled to have a service provider or case manager replaced if the
recipient or the recipient's representative believes that:
(1) the recipient is receiving inadequate care; or
(2) the service provider or case manager is engaged in
inappropriate behavior.
SOURCE: ; (07)IN1675.1.5. -->
SECTION 5. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "office of the secretary" refers to the office of the
secretary of family and social services established by IC 12-8-1-1.
(b) As used in this SECTION, "program" refers to the
community and home options to institutional care for the elderly
and disabled program established by IC 12-10-10-6.
(c) Before July 1, 2007, the office of the secretary shall develop
and adopt a plan to provide for enrolling before January 1, 2008,
all eligible individuals into the program, including those
individuals on the waiting list for the program.
(d) Before September 1, 2007, the office of the secretary shall
report to the health finance commission established by IC 2-5-23-3
concerning the office of the secretary's progress in the
implementation of this act.
(e) Before November 1, 2007, the health finance commission
shall report to the legislative council in an electronic format under
IC 5-14-6 regarding the report of the office of the secretary and the
commission's findings and recommendations concerning the
implementation of this act.
(f) This SECTION expires December 31, 2008.
SOURCE: ; (07)IN1675.1.6. -->
SECTION 6.
An emergency is declared for this act.