Filed House Committee Report, House Bill 1258

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COMMITTEE REPORT

YES:

NO:

MR. SPEAKER:

Your Committee on Ways and Means , to which was referred House Bill 1258 , 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:

    Delete the committee report of the House committee on public health adopted January 24, 2002.
    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning Medicaid and to make an appropriation.
    Delete everything after the enacting clause and insert the following:

SOURCE: IC 12-15-14.5; (02)CR125802.1. -->     SECTION 1. IC 12-15-14.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 14.5. Health Facility Fee
    Sec. 1. As used in this chapter, "bed" means an occupied bed in a health facility.
    Sec. 2. As used in this chapter, "fee" refers to a fee imposed under this chapter.
    Sec. 3. As used in this chapter, "health facility" means a health

facility that is licenced under IC 16-28.
    Sec. 4. Subject to section 9 of this chapter, a daily fee is imposed against a health facility for each day that the health facility is operated after June 30, 2002, and before July 1, 2004.
    Sec. 5. The amount of the fee imposed under this chapter is equal to the number of beds in a health facility on a particular day multiplied by four dollars ($4).
    Sec. 6. The office may determine the manner of payment of the fee.
    Sec. 7. A health facility shall pay a fee to the office not more than thirty (30) days after receiving notice that the payment is due.
    Sec. 8. If a health facility does not pay a fee within the time allowed under section 7 of this chapter, the office may do the following:
        (1) Deduct the amount of the fee from any Medicaid reimbursement otherwise due to the health facility.
        (2) If a health facility is not certified to participate in the Medicaid program, charge interest on the unpaid fees at an annual interest rate determined by the office.
        (3) Impose any other penalty that the office determines is appropriate.
        (4) Take action to collect a fee imposed by this chapter.
    Sec. 9. (a) The fees required by this chapter do not apply to any day before the date designated by the federal government in its approval as the first day that federal financial participation funds may be used to match the fees collected under this chapter.
    (b) If federal financial participation funds to match the fees collected under this chapter become unavailable under federal law, the authority of the office to assess a fee under this chapter terminates on the date that a federal statute, regulation, or interpretation that eliminates matching federal financial participation funds takes effect or the office loses approval for matching federal financial participation funds.
    Sec. 10. Money collected from fees imposed under this chapter shall be used for expenditures of the state Medicaid program.
    Sec. 11. The office may adopt rules under IC 4-22-2 to carry out this chapter.
    Sec. 12. This chapter expires August 1, 2004.

SOURCE: ; (02)CR125802.2. -->     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 may adopt temporary rules in the manner provided for the adoption of emergency rules under IC 4-22-2-37.1 to implement IC 12-15-14.5, as added by this act. A temporary rule adopted under this SECTION expires on the earliest of the following:
        (1) The date that another temporary rule adopted under this SECTION supersedes the prior temporary rule.
        (2) The date that a permanent rule adopted under IC 4-22-2 supersedes a temporary rule adopted under this SECTION.
        (3) July 1, 2003.
    (c) The office shall, as soon as practicable, seek approval for federal financial participation funds to match the fees collected under IC 12-15-14.5, as added by this act.

SOURCE: ; (02)CR125802.3. --> SECTION 3. An emergency is declared for this act.
(Reference is to HB 1258 as introduced and as amended by the committee report of the House committee on public health adopted January 24, 2002.)

and when so amended that said bill do pass.

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Representative Bauer

CR125802/DI 51 2002