Your Committee on Public Health , to which was referred Senate Bill 461 , 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 1, line 1; (11)CR046101.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 4-1-12; (11)CR046101.1. -->
"SECTION 1. IC 4-1-12 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
Chapter 12. Implementation of the Patient Protection and
Affordable Care Act
Sec. 1. As used in this chapter, "federal health care act" refers
to the federal Patient Protection and Affordable Care Act (P.L.
111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), as amended, and
regulations or guidance issued under those acts.
Sec. 2. Notwithstanding any other law, the following apply:
(1) A state agency may not implement or prepare to
implement the federal health care act.
(2) Except as specifically authorized by state law, the
department of state revenue may not cooperate, work, or
adopt rules to comply with the federal health care act.
(3) A state agency may not apply or accept a grant that is
specifically intended to comply with or implement the federal
health care act, unless the state agency's grant has been
reviewed by the legislative council. The legislative council may
issue an advisory recommendation to the state agency
concerning the grant.
(4) A state agency may not make a request for authority or
permission from any federal agency to implement or comply
with the federal health care act. However, a state agency may
respond to inquiries from a federal agency.
(5) Except as specifically authorized by state law, a state
agency may not adopt a rule to implement or comply with the
federal health care act.
Sec. 3. (a) As used in the section, "health plan" means a policy,
contract, certificate, or agreement offered or issued by a carrier to
provide, deliver, arrange for, pay for, or reimburse the costs of
health care services.
(b) Notwithstanding any other law, a resident of Indiana may
not be required to purchase a health plan. A resident may delegate
the resident's authority to purchase or decline to purchase a health
plan to the resident's employer.
Sec. 4. Notwithstanding any other law, an insurer (as defined in
IC 27-1-2-3) that is doing business in Indiana is not required to
comply with the medical loss ratio requirements under Section
2718 of the federal Public Health Service Act, as added by the
federal health care act. However, an insurer shall report the
medical loss ratio to the Indiana department of insurance and
provide the information in a manner that is accessible to the public.
SOURCE: IC 12-7-2-82.4; (11)CR046101.2. -->
SECTION 2. IC 12-7-2-82.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 82.4. "Family planning services", for
purposes of IC 12-15-45-1, has the meaning set forth in
SOURCE: IC 12-7-2-85.1; (11)CR046101.3. -->
SECTION 3. IC 12-7-2-85.1 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 85.1. "Fertilization", for purposes of
IC 12-15-45-1, has the meaning set forth in IC 12-15-45-1(b).".
SOURCE: Page 8, line 28; (11)CR046101.8. -->
Page 8, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: IC 12-15-45; (11)CR046101.17. -->
"SECTION 17. IC 12-15-45 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
Chapter 45. Medicaid Waivers and State Plan Amendments
Sec. 1. (a) As used in this section, "family planning services"
does not include the performance of abortions or the use of a drug
or device intended to terminate a pregnancy after fertilization.
(b) As used in this section, "fertilization" means the joining of
a human egg cell with a human sperm cell.
(c) As used in this section, "state amendment plan" refers to an
amendment to Indiana's Medicaid State Plan as authorized by
Section 1902(a)(10)(A)(ii)(XXI) of the federal Social Security Act
(42 U.S.C. 1315).
(d) Before January 1, 2012, the office shall do the following:
(1) Apply to the United States Department of Health and
Human Services for approval of a state plan amendment to
expand the population eligible for family planning services
and supplies as permitted by Section 1902(a)(10)(A)(ii)(XXI)
of the federal Social Security Act (42 U.S.C. 1315). In
determining what population is eligible for this expansion, the
state must incorporate the following:
(A) Inclusion of women and men.
(B) Setting income eligibility at the state's Medicaid CHIP
state plan level.
(C) Adopting presumptive eligibility for services to this
(2) Consider the inclusion of the following additional family
(A) medical diagnosis; and
(B) treatment services;
that are provided for family planning services in a family
planning setting for the population designated in subdivision
(1) in the state plan amendment.
(e) The office shall report concerning its proposed state plan
amendment to the Medicaid oversight committee during its 2011
interim meetings. The Medicaid oversight committee shall review
the proposed state plan amendment. The committee may make an
advisory recommendation to the office concerning the proposed
state plan amendment.
(f) The office may adopt rules under IC 4-22-2 to implement this
(g) This chapter expires January 1, 2016.".
Renumber all SECTIONS consecutively.
(Reference is to SB 461 as reprinted January 26, 2011.)
and when so amended that said bill do pass.
CR046101/DI 77 2011