HOUSE BILL No. 1536
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-15-1-20.
Synopsis: Suspension of Medicaid for delinquent children. Requires
the office of Medicaid policy and planning to suspend rather than
terminate a child's Medicaid eligibility if the child has been adjudicated
to be a delinquent child and has been placed in specified facilities.
Requires the individual, for-profit or nonprofit entity, or governmental
entity operating the facility in which the child is placed to take action
necessary to ensure the child is eligible for Medicaid when the child is
released from the facility.
Effective: Upon passage; July 1, 2009.
January 16, 2009, read first time and referred to Committee on Judiciary.
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1536
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 12-15-1-20; (09)IN1536.1.1. -->
SECTION 1. IC 12-15-1-20 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 20. (a) If a Medicaid recipient is:
(1) less than eighteen (18) years of age;
(2) adjudicated to be a delinquent child and placed in:
(A) a community based correctional facility for children;
(B) a juvenile detention facility;
(C) a secure facility;
(D) a secure private facility; or
(E) a shelter care facility; and
(3) ineligible to participate in the Medicaid program during
the placement described in subdivision (2) because of federal
the office shall suspend the child's participation in the Medicaid
program instead of terminating the child's eligibility.
(b) Before a child is released from the placement described in
subsection (a)(2), the individual, for-profit or nonprofit entity, or
government entity operating the facility described in subsection
(a)(2) shall take action necessary to ensure that the child is eligible
to participate in the Medicaid program upon the child's release, if
the child is eligible to participate.
SOURCE: ; (09)IN1536.1.2. -->
SECTION 2. [EFFECTIVE UPON PASSAGE] (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 any amendment to the state
Medicaid plan needed to implement IC 12-15-1-20, as added by this
(c) The office may not implement a state plan amendment under
this SECTION until the office files an affidavit with the governor
attesting that the plan amendment filed 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 plan
amendment is approved.
(d) If the office receives a plan amendment 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 plan amendment not more than sixty
(60) days after the governor receives the affidavit.
(e) This SECTION expires December 31, 2013.
SOURCE: ; (09)IN1536.1.3. -->
SECTION 3. An emergency is declared for this act.