January 14, 2002, read first time and referred to Committee on Health and Provider
Services.
Introduced
Second Regular Session 112th General Assembly (2002)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
SENATE BILL No. 457
A BILL FOR AN ACT to amend the Indiana Code concerning
Medicaid.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 16-18-2-97
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 97. "Division" means
the following:
(1) For purposes of
IC 16-19-14
, the division of Medicaid
policy and planning.
(2) For purposes of
IC 16-22-8
, the meaning set forth in
IC 16-22-8-3.
(2) (3) For purposes of IC 16-28, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-28.
(3) (4) For purposes of
IC 16-41-40
, the meaning set forth in
IC 16-41-40-1.
SECTION 2.
IC 16-19-3-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) The executive
board may, by an affirmative vote of a majority of its members, adopt
reasonable rules on behalf of the state department to protect or to
improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where
jurisdiction is in the water pollution control board and department
of environmental management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) The conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for the sole use of the individual's household and house guests.
(15) The administration and regulation of the state's Medicaid
program.
SECTION 3.
IC 16-19-14
IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]:
Chapter 14. Division of Medicaid Policy and Planning
Sec. 1. The division of Medicaid policy and planning is
established within the state department.
Sec. 2. Subject to the approval of the executive board, the state
health commissioner:
(1) shall appoint the director of the division; and
(2) may terminate the employment of a director of the
division.
Sec. 3. The director of Medicaid policy and planning:
(1) is the chief administrator of the division;
(2) is responsible to the state health commissioner for the
operation and performance of the division and the state
Medicaid program;
(3) has the appointing authority for the division; and
(4) is responsible for the development and presentation of the
budget of the division.
Sec. 4. (a) The division shall administer the Medicaid program
under 42 U.S.C. 1396 et seq.
(b) The division is designated as the single state agency for
administration of the state Medicaid program.
Sec. 5. The division shall develop and coordinate Medicaid
policy for the state.
Sec. 6. (a) Subject to subsection (b), the office of the state health
commissioner, with the approval of the executive board, may adopt
rules under
IC 4-22-2
to implement this chapter and the state
Medicaid program.
(b) Before policy decisions (including the adoption of rules) are
made under subsection (a) concerning the Medicaid program, the
action must first be approved by an individual employed by the
division who holds an unlimited license to practice medicine in
Indiana.
Sec. 7. (a) The division shall implement and emphasize a disease
management program for Medicaid recipients with any of the
following diseases:
(1) Asthma.
(2) Diabetes.
(3) Congestive heart failure or coronary heart disease.
(4) HIV or AIDS.
(b) In implementing the disease management program under
subsection (a), the division shall consult with individuals who hold
a license to practice medicine in Indiana.
Sec. 8. (a) For purposes of IC 4-21.5, the office of the state
health commissioner is the ultimate authority for the state
Medicaid program.
(b) Subject to section 6 of this chapter, the office of the state
health commissioner, with the approval of the executive board,
shall adopt rules under
IC 4-22-2
to specify any additional
necessary procedures for administrative review of an agency action
under IC 4-21.5 and the state Medicaid program.
SECTION 4. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]:
IC 12-8-6
;
IC 12-15-1-1.
SECTION 5. [EFFECTIVE JULY 1, 2002]
(a) On July 1, 2002, the
powers, duties, and functions of:
(1) the office of Medicaid policy and planning established by
IC 12-8-6-1
(before its repeal); and
(2) the office of the secretary of family and social services
concerning the office of Medicaid policy and planning;
are transferred to the state department of health.
(b) After June 30, 2002, a reference in the Indiana Code or the
Indiana Administrative Code to the office of Medicaid policy and
planning shall be construed as a reference to the division of
Medicaid policy and planning established within the state
department of health by
IC 16-19-14
, as added by this act.
(c) After June 30, 2002, a reference in IC 12-15 or the Indiana
Administrative Code, insofar as it applies to administration of the
Medicaid program, to:
(1) the division of family and children; or
(2) the office of the secretary of family and social services;
shall be construed as a reference to the division of Medicaid policy
and planning established within the state department of health by
IC 16-19-14
, as added by this act.
(d) This SECTION expires December 31, 2004.
SECTION 6. [EFFECTIVE JULY 1, 2002]
(a) On July 1, 2002, the
property and records of the office of the secretary of family and
social services concerning the office of Medicaid policy and
planning established by
IC 12-8-6-1
(before its repeal) are
transferred to the state department of health.
(b) This SECTION expires December 31, 2004.
SECTION 7. [EFFECTIVE JULY 1, 2002]
(a) On July 1, 2002,
any appropriations made to the office of the secretary of family
and social services to administer the office of Medicaid policy and
planning established by
IC 12-8-6-1
(before its repeal) and the
Medicaid program are transferred to the state department of
health to be used for the purposes of administering the division of
Medicaid policy and planning established by
IC 16-19-14
, as added
by this act, and the Medicaid program.
(b) This SECTION expires June 30, 2005.
SECTION 8. [EFFECTIVE JULY 1, 2002]
(a) On July 1, 2002, an
individual who was an employee of the office of Medicaid policy
and planning on June 30, 2002, is an employee of the division of
Medicaid policy and planning established within the state
department of health by
IC 16-19-14
, as added by this act.
(b) An employee described in subsection (a) is entitled to have
the employee's service on June 30, 2002, included for the purpose
of computing:
(1) retention points under
IC 4-15-2-32
if layoff occurs; and
(2) all other applicable employment benefits.
(c) This SECTION expires December 31, 2004.
SECTION 9. [EFFECTIVE JULY 1, 2002] (a) The rules adopted
by the office of the secretary of family and social services and the
office of Medicaid policy and planning before July 1, 2002,
concerning the Medicaid program are considered, after June 30,
2002, rules of the state department of health.
(b) The office of the state health commissioner, with the
approval of the executive board of the state department of health,
shall amend references in existing rules to indicate that the state
department of health and not the office of the secretary of family
and social services is the department that supervises the division of
Medicaid policy and planning established by
IC 16-19-14
, as added
by this act, and administers the Medicaid program.
(c) This SECTION expires December 31, 2004.