Introduced Version






HOUSE BILL No. 1476

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-7-2; IC 12-15-45.

Synopsis: Medicaid waiver for family planning services. Requires the office of Medicaid policy and planning to apply for a demonstration waiver to extend Medicaid coverage of family planning services for certain women.

Effective: Upon passage.





Brown T




    January 20, 2011, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1476



    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 12-7-2-40.8; (11)IN1476.1.1. -->     SECTION 1. IC 12-7-2-40.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 40.8. "Contraceptive", for purposes of IC 12-15-45-1, has the meaning set forth in IC 12-15-45-1(a).
SOURCE: IC 12-7-2-82.4; (11)IN1476.1.2. -->     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 IC 12-15-45-1(b).
SOURCE: IC 12-7-2-85.1; (11)IN1476.1.3. -->     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(c).
SOURCE: IC 12-15-45; (11)IN1476.1.4. -->     SECTION 4. IC 12-15-45 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 45. Medicaid Waivers and State Plan Amendments
     Sec. 1. (a) As used in this section, "contraceptive" means a drug or device intended to prevent fertilization.
    (b) 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.
    (c) As used in this section, "fertilization" means the joining of a human egg cell with a human sperm cell.
    (d) As used in this section, "waiver" refers to a Section 1115 demonstration waiver under the federal Social Security Act (42 U.S.C. 1315).
    (e) Before January 1, 2012, the office shall apply to the United States Department of Health and Human Services for approval of a waiver to:
        (1) continue coverage of family planning services for a woman described in IC 12-15-2-13 for two (2) years after the expiration of the postpartum eligibility period under IC 12-15-2-13(d); and
        (2) provide Medicaid coverage for any other service required by the waiver.
The waiver application must include language stating that the waiver is for coverage for contraceptives only.
    (f) If a provision of this section differs from the requirements of a waiver, the office shall submit the waiver request in a manner that complies with the requirements of the waiver. However, if the waiver is approved, the office, not more than one hundred twenty (120) days after the waiver is approved, shall apply for an amendment to the waiver that contains the provisions of this section that were not included in the approved waiver.
    (g) The office may not implement the waiver until the office files an affidavit with the governor attesting that the waiver applied for under this section is in effect. The office shall file the affidavit under this subsection not more than five (5) days after the office is notified that the waiver is approved.
    (h) If the office receives a waiver under this section from the United States Department of Health and Human Services and the governor receives the affidavit filed under subsection (g), the office shall implement the waiver not more than sixty (60) days after the governor receives the affidavit.
    (i) The office may adopt rules under IC 4-22-2 to implement this section.
    (j) This section expires January 1, 2016.

SOURCE: ; (11)IN1476.1.5. -->     SECTION 5. An emergency is declared for this act.