February 24, 2009
HOUSE BILL No. 1653
DIGEST OF HB 1653
(Updated February 23, 2009 4:42 pm - DI 104)
Citations Affected: IC 12-15; noncode.
Synopsis: Medicaid services. Requires the office of Medicaid policy
and planning (office) to take specified action in considering whether to
begin the competitive bid process for certain items and services.
Requires the office to ensure that: (1) the competitive bidding
procedure is open to all persons currently providing the item or service
for the Medicaid program; and (2) the bidding specifications are not
written to give an advantage to an out-of-state company. Requires the
office to apply for a Medicaid state plan amendment or a Medicaid
waiver to limit Medicaid services to legal residents of the United
States. Repeals Medicaid provisions that specify that refugees and
lawful permanent residents are eligible for Medicaid.
Effective: July 1, 2009.
Austin, Brown C
January 16, 2009, read first time and referred to Committee on Public Health.
February 19, 2009, reported _ Do Pass.
February 23, 2009, read second time, amended, ordered engrossed.
February 24, 2009
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1653
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 12-15-2.5-4; (09)HB1653.2.1. -->
SECTION 1. IC 12-15-2.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. A child who:
(1) is born in the United States to a person described in section
or 3 of this chapter; and
(2) otherwise meets the requirements for assistance under this
is eligible to receive Medicaid under this article.
SOURCE: IC 12-15-11-7; (09)HB1653.2.2. -->
SECTION 2. IC 12-15-11-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) The office may
seek competitive bids for the following items or services provided
(1) Prescribed drugs and services for state operated institutions.
(2) Physical therapy and other therapeutic services.
(3) Prescribed laboratory and x-ray services.
(4) Eyeglasses and prosthetic devices.
(5) Medical equipment and supplies.
(6) Transportation services.
(b) In considering whether to begin the competitive bid process
for an item or service listed in subsection (a), the office shall
communicate with persons and companies that are currently
providing the item or service in the Medicaid program to
determine if the companies and persons are capable of lowering the
cost or increasing efficiency in providing the item or service in the
Medicaid program without going through the competitive bidding
(c) If the office decides to seek competitive bids, the office shall
(1) the competitive bidding procedure is open to all companies
and persons that currently provide the item or service in the
Medicaid program; and
(2) the bid specifications are not written to give an advantage
to an out-of-state company.
SOURCE: IC 12-15-2.5-1; IC 12-15-2.5-2.
; (09)HB1653.2.3. -->
SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2009]: IC 12-15-2.5-1; IC 12-15-2.5-2.
SOURCE: ; (09)HB1653.2.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2009] (a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by IC 12-8-6-1.
(b) Before September 1, 2009, the office shall apply to the United
States Department of Health and Human Services for an
amendment to the state Medicaid plan or for a demonstration
waiver to amend the state's Medicaid eligibility requirements to
limit Medicaid services provided under IC 12-15 to legal residents
of the United States.
(c) The office may not implement the state plan amendment or
demonstration waiver until the office files an affidavit with the
governor attesting that the state plan amendment or demonstration
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 that the state plan amendment or
demonstration waiver is approved.
(d) If the office receives approval to the state plan amendment
or demonstration waiver applied for under this SECTION from
the United States Department of Health and Human Services and
the governor receives the affidavit filed under subsection (c), the
office shall implement the state plan amendment or demonstration
waiver not more than sixty (60) days after the governor receives
(e) The office may adopt rules under IC 4-22-2 necessary to
implement this SECTION.
(f) This SECTION expires December 31, 2014.