Introduced Version
HOUSE BILL No. 1285
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 2-5-26-8
; IC 4-12;
IC 4-22-2-37.1
; IC 4-23;
IC 12-7-2
;
IC 12-10-16
;
IC 12-13-15.2-1
; IC 12-15; IC 12-17.6;
IC 16-42-22
;
IC 27-1-37.2
;
IC 35-43-5-7.2
.
Synopsis: State budget and tobacco settlement funds. Reduces certain
appropriations for FY 2002-2003. Repeals the formula for distributions
from the tobacco master settlement. Repeals the tobacco use prevention
and cessation trust fund. Repeals the health care trust fund and makes
corresponding changes in Medicaid eligibility. Repeals the biomedical
technology and basic research trust fund. Repeals the local health
department trust fund. Repeals the prescription drug fund, but provides
for funding for the program from the general fund. Repeals the regional
health care construction account. Repeals the tobacco farmers and rural
community impact fund. Repeals the children's health insurance
program. Repeals the health insurance educator. Repeals a fraud statute
regarding the children's health insurance program.
Effective: July 1, 2002.
Torr, Brown T
January 14, 2002, read first time and referred to Committee on Rules and Legislative
Procedures.
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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.
HOUSE BILL No. 1285
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 2-5-26-8; (02)IN1285.1.1. -->
SECTION 1.
IC 2-5-26-8
, AS ADDED BY P.L.256-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. The commission shall do the following:
(1) Determine whether the contractor for the office under
IC 12-15-30
that has responsibility for processing provider claims
for payment under the Medicaid program has properly performed
the terms of the contractor's contract with the state.
(2) Study and propose legislative and administrative procedures
that could help reduce the amount of time needed to process
Medicaid claims and eliminate reimbursement backlogs, delays,
and errors.
(3) Oversee the implementation of a case mix reimbursement
system developed by the office and designed for Indiana Medicaid
certified nursing facilities.
(4) Study and investigate any other matter related to Medicaid.
(5) Study and investigate all matters related to the implementation
of the children's health insurance program established by
IC 12-17.6.
SOURCE: IC 4-12-1-14.4; (02)IN1285.1.2. -->
SECTION 2.
IC 4-12-1-14.4
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 14.4. (a) As used in this section, "Master Settlement
Agreement" has the meaning set forth in
IC 24-3-3-6.
(b) The general assembly finds that the purpose of the tobacco
lawsuit was to reimburse taxpayers for expenses that the states
incurred and will incur in the future under Medicaid and other
public assistance programs for smoking related illnesses. The
general assembly finds that the use of Master Settlement
Agreement proceeds to fund new and expanded health and welfare
programs creates an undue burden on Indiana taxpayers and
deprives taxpayers of the relief for which the tobacco lawsuit was
ostensibly brought.
(c) Money received by the state under the Master Settlement
Agreement shall be deposited in the state general fund.
SOURCE: IC 4-22-2-37.1; (02)IN1285.1.3. -->
SECTION 3.
IC 4-22-2-37.1
, AS AMENDED BY P.L.204-2001,
SECTION 6, AS AMENDED BY P.L.287-2001, SECTION 1, AND
AS AMENDED BY P.L.283-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 37.1. (a) This section applies to a rulemaking action
resulting in any of the following rules:
(1) An order adopted by the commissioner of the Indiana
department of transportation under
IC 9-20-1-3
(d) or
IC 9-21-4-7
(a) and designated by the commissioner as an
emergency rule.
(2) An action taken by the director of the department of natural
resources under
IC 14-22-2-6
(d) or
IC 14-22-6-13.
(3) An emergency temporary standard adopted by the
occupational safety standards commission under
IC 22-8-1.1-16.1.
(4) An emergency rule adopted by the solid waste management
board under
IC 13-22-2-3
and classifying a waste as hazardous.
(5) A rule, other than a rule described in subdivision (6), adopted
by the department of financial institutions under
IC 24-4.5-6-107
and declared necessary to meet an emergency.
(6) A rule required under
IC 24-4.5-1-106
that is adopted by the
department of financial institutions and declared necessary to
meet an emergency under
IC 24-4.5-6-107.
(7) A rule adopted by the Indiana utility regulatory commission to
address an emergency under
IC 8-1-2-113.
(8) An emergency rule jointly adopted by the water pollution
control board and the budget agency under
IC 13-18-13-18.
(9) An emergency rule adopted by the state lottery commission
under
IC 4-30-3-9.
(10) A rule adopted under
IC 16-19-3-5
that the executive board
of the state department of health declares is necessary to meet an
emergency.
(11) An emergency rule adopted by the Indiana transportation
finance authority under
IC 8-21-12.
(12) An emergency rule adopted by the insurance commissioner
under
IC 27-1-23-7.
(13) An emergency rule adopted by the Indiana horse racing
commission under
IC 4-31-3-9.
(14) An emergency rule adopted by the air pollution control
board, the solid waste management board, or the water pollution
control board under
IC 13-15-4-10
(4) or to comply with a
deadline required by federal law, provided:
(A) the variance procedures are included in the rules; and
(B) permits or licenses granted during the period the
emergency rule is in effect are reviewed after the emergency
rule expires.
(15) An emergency rule adopted by the Indiana election
commission under
IC 3-6-4.1-14.
(16) An emergency rule adopted by the department of natural
resources under
IC 14-10-2-5.
(17) An emergency rule adopted by the Indiana gaming
commission under
IC 4-33-4-2
,
IC 4-33-4-3
, or
IC 4-33-4-14.
(18) An emergency rule adopted by the alcoholic beverage
alcohol and tobacco commission under
IC 7.1-3-17.5
,
IC 7.1-3-17.7
, or
IC 7.1-3-20-24.4.
(19) An emergency rule adopted by the department of financial
institutions under
IC 28-15-11.
(20) An emergency rule adopted by the office of the secretary of
family and social services under
IC 12-8-1-12.
(21) An emergency rule adopted by the office of the children's
health insurance program under IC 12-17.6-2-11.
(22) (21) An emergency rule adopted by the office of Medicaid
policy and planning under
IC 12-17.7-2-6
to implement the
uninsured parents program.
(22) An emergency rule adopted by the office of Medicaid policy
and planning under
IC 12-15-41-15.
(b) The following do not apply to rules described in subsection (a):
(1) Sections 24 through 36 of this chapter.
(2)
IC 13-14-9.
(c) After a rule described in subsection (a) has been adopted by the
agency, the agency shall submit the rule to the publisher for the
assignment of a document control number. The agency shall submit the
rule in the form required by section 20 of this chapter and with the
documents required by section 21 of this chapter. The publisher shall
determine the number of copies of the rule and other documents to be
submitted under this subsection.
(d) After the document control number has been assigned, the
agency shall submit the rule to the secretary of state for filing. The
agency shall submit the rule in the form required by section 20 of this
chapter and with the documents required by section 21 of this chapter.
The secretary of state shall determine the number of copies of the rule
and other documents to be submitted under this subsection.
(e) Subject to section 39 of this chapter, the secretary of state shall:
(1) accept the rule for filing; and
(2) file stamp and indicate the date and time that the rule is
accepted on every duplicate original copy submitted.
(f) A rule described in subsection (a) takes effect on the latest of the
following dates:
(1) The effective date of the statute delegating authority to the
agency to adopt the rule.
(2) The date and time that the rule is accepted for filing under
subsection (e).
(3) The effective date stated by the adopting agency in the rule.
(4) The date of compliance with every requirement established by
law as a prerequisite to the adoption or effectiveness of the rule.
(g) Subject to subsection (h),
IC 14-10-2-5
,
IC 14-22-2-6
, and
IC 22-8-1.1-16.1
, a rule adopted under this section expires not later
than ninety (90) days after the rule is accepted for filing under
subsection (e). Except for a rule adopted under subsection (a)(14), the
rule may be extended by adopting another rule under this section, but
only for one (1) extension period. A rule adopted under subsection
(a)(14) may be extended for two (2) extension periods. Except for a
rule adopted under subsection (a)(14), for a rule adopted under this
section to be effective after one (1) extension period, the rule must be
adopted under:
(1) sections 24 through 36 of this chapter; or
(2)
IC 13-14-9
;
as applicable.
(h) A rule described in subsection (a)(6), (a)(9), or (a)(13) expires
on the earlier of the following dates:
(1) The expiration date stated by the adopting agency in the rule.
(2) The date that the rule is amended or repealed by a later rule
adopted under sections 24 through 36 of this chapter or this
section.
(i) This section may not be used to readopt a rule under
IC 4-22-2.5
SOURCE: IC 4-23-26-3; (02)IN1285.1.4. -->
SECTION 4.
IC 4-23-26-3
, AS AMENDED BY P.L.215-2001,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) The committee consists of the following
members:
(1) The director of the children's special health care services
program.
(2) The director of the first steps program.
(3) The chair of the governor's interagency coordinating council
for early intervention.
(4) The chair of the children's special health care services
advisory council under 410 IAC 3.2-11.
(5) The director of the division of special education created under
IC 20-1-6-2.1.
(6) The director of the division of mental health and addiction.
(7) One (1) representative of the Indiana chapter of the American
Academy of Pediatrics.
(8) One (1) representative of a family advocacy group.
(9) Three (3) parents of children with special health needs.
(10) Three (3) parents of children who are enrolled in the
(A) children's health insurance program under IC 12-17.6; or
(B) Medicaid managed care program for children.
(b) The members under subdivisions (1) and (2) are nonvoting
members.
SOURCE: IC 4-23-27-7; (02)IN1285.1.5. -->
SECTION 5.
IC 4-23-27-7
, AS ADDED BY P.L.273-1999,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 7. The board shall direct policy
coordination of children's health programs by doing the following:
(1) Developing a comprehensive policy in the following areas:
(A) Appropriate delivery systems of care.
(B) Enhanced access to care.
(C) The use of various program funding for maximum
efficiency.
(D) The optimal provider participation in various programs.
(E) The potential for expanding health insurance coverage to
other populations.
(F) Technology needs, including development of an electronic
claim administration, payment, and data collection system that
allows providers to have the following:
(I) (i) Point of service claims payments.
(ii) Instant claims adjudication.
(iii) Point of service health status information.
(iv) Claims related data for analysis.
(G) Appropriate organizational structure to implement health
policy in the state.
(2) Coordinating aspects of existing children's health programs,
including the children's health insurance program, Medicaid
managed care for children, first steps, and children's special
health care services, in order to achieve a more seamless system
easily accessible by participants and providers, specifically in the
following areas:
(A) Identification of potential enrollees.
(B) Outreach.
(C) Eligibility criteria.
(D) Enrollment.
(E) Benefits and coverage issues.
(F) Provider requirements.
(G) Evaluation.
(H) Procurement policies.
(I) Information technology systems. including technology to
coordinate payment for services provided through the
children's health insurance program under IC 12-17.6 with:
(I) services provided to children with special health needs;
and
(ii) public health programs designed to protect all children.
(3) Reviewing, analyzing, disseminating, and using data when
making policy decisions.
(4) Overseeing implementation of the children's health insurance
program under IC 12-17.6, including:
(A) reviewing:
(I) benefits provided by;
(ii) eligibility requirements for; and
(iii) each evaluation of;
the children's health insurance program on an annual basis in
light of available funding; and
(B) making recommendations for changes to the children's
health insurance program to the office of the children's health
insurance program established under IC 12-17.6-2-1.
SOURCE: IC 12-7-2-52.2; (02)IN1285.1.6. -->
SECTION 6.
IC 12-7-2-52.2
, AS AMENDED BY P.L.283-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 52.2. (a) "Crowd out", for purposes of IC 12-17.6,
has the meaning set forth in IC 12-17.6-1-2.
(b) "Crowd out", for purposes of IC 12-17.7, has the meaning set
forth in
IC 12-17.7-1-3.
SOURCE: IC 12-7-2-76.5; (02)IN1285.1.7. -->
SECTION 7.
IC 12-7-2-76.5
, AS AMENDED BY P.L.283-2001,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 76.5. (a) "Emergency", for purposes of IC 12-20,
means an unpredictable circumstance or a series of unpredictable
circumstances that:
(1) place the health or safety of a household or a member of a
household in jeopardy; and
(2) cannot be remedied in a timely manner by means other than
township assistance.
(b) "Emergency", for purposes of IC 12-17.6, has the meaning set
forth in IC 12-17.6-1-2.6.
(c) (b) "Emergency", for purposes of IC 12-17.7, has the meaning
set forth in
IC 12-17.7-1-4.
SOURCE: IC 12-7-2-91; (02)IN1285.1.8. -->
SECTION 8.
IC 12-7-2-91
, AS AMENDED BY P.L.14-2000,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 91. "Fund" means the following:
(1) For purposes of
IC 12-12-1-9
, the fund described in
IC 12-12-1-9.
(2) For purposes of
IC 12-13-8
, the meaning set forth in
IC 12-13-8-1.
(3) For purposes of
IC 12-15-20
, the meaning set forth in
IC 12-15-20-1.
(4) For purposes of
IC 12-17-12
, the meaning set forth in
IC 12-17-12-4.
(5) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-3.
(6) (5) For purposes of
IC 12-18-4
, the meaning set forth in
IC 12-18-4-1.
(7) (6) For purposes of
IC 12-18-5
, the meaning set forth in
IC 12-18-5-1.
(8) (7) For purposes of
IC 12-19-7
, the meaning set forth in
IC 12-19-7-2.
(9) (8) For purposes of
IC 12-23-2
, the meaning set forth in
IC 12-23-2-1.
(10) (9) For purposes of
IC 12-24-6
, the meaning set forth in
IC 12-24-6-1.
(11) (10) For purposes of
IC 12-24-14
, the meaning set forth in
IC 12-24-14-1.
(12) (11) For purposes of
IC 12-30-7
, the meaning set forth in
IC 12-30-7-3.
SOURCE: IC 12-7-2-134; (02)IN1285.1.9. -->
SECTION 9.
IC 12-7-2-134
, AS AMENDED BY P.L.273-1999,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 134. "Office" means the following:
(1) Except as provided in subdivisions (2) and (3), the office of
Medicaid policy and planning established by
IC 12-8-6-1.
(2) For purposes of
IC 12-10-13
, the meaning set forth in
IC 12-10-13-4.
(3) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-4.
SOURCE: IC 12-7-2-146; (02)IN1285.1.10. -->
SECTION 10.
IC 12-7-2-146
, AS AMENDED BY P.L.283-2001,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 146. "Program" refers to the following:
(1) For purposes of
IC 12-10-7
, the adult guardianship services
program established by
IC 12-10-7-5.
(2) For purposes of
IC 12-10-10
, the meaning set forth in
IC 12-10-10-5.
(3) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-5.
(4) (3) For purposes of IC 12-17.7, the meaning set forth in
IC 12-17.7-1-6.
SOURCE: IC 12-7-2-149; (02)IN1285.1.11. -->
SECTION 11.
IC 12-7-2-149
, AS AMENDED BY P.L.283-2001,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 149. "Provider" means the following:
(1) For purposes of
IC 12-10-7
, the meaning set forth in
IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a
partnership, a corporation, or a governmental entity that is
enrolled in the Medicaid program under rules adopted under
IC 4-22-2
by the office of Medicaid policy and planning:
(A)
IC 12-14-1
through
IC 12-14-9.5.
(B) IC 12-15, except
IC 12-15-32
,
IC 12-15-33
, and
IC 12-15-34.
(C)
IC 12-17-10.
(D)
IC 12-17-11.
(E) IC 12-17.6.
(3) For purposes of
IC 12-17-9
, the meaning set forth in
IC 12-17-9-2.
(4) For the purposes of IC 12-17.2, a person who operates a child
care center or child care home under IC 12-17.2.
(5) For purposes of IC 12-17.4, a person who operates a child
caring institution, foster family home, group home, or child
placing agency under IC 12-17.4
SOURCE: IC 12-10-16-6; (02)IN1285.1.12. -->
SECTION 12.
IC 12-10-16-6
, AS AMENDED BY P.L.291-2001,
SECTION 78, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6. The administrative expenses and benefit costs
of the program shall be paid from the account. state general fund.
SOURCE: IC 12-13-15.2-1; (02)IN1285.1.13. -->
SECTION 13.
IC 12-13-15.2-1
, AS ADDED BY P.L.169-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 1. Each county office of family and children shall
provide to the following entities in the county a list of dentists
practicing in the county who provide dental services under the
Medicaid program (IC 12-15): or the children's health insurance
program (IC 12-17.6):
(1) Head Start programs (42 U.S.C. 9831 et seq.).
(2) Women, infants, and children nutrition programs (as defined
in
IC 16-35-1.5-5
).
(3) Maternal and child health clinics (as defined in
IC 16-46-5-5
).
(4) The local health department.
(5) School nurses appointed under
IC 20-8.1-7-5.
(6) Child care centers licensed under
IC 12-17.2-4.
(7) The township trustees.
SOURCE: IC 12-15-2-14; (02)IN1285.1.14. -->
SECTION 14.
IC 12-15-2-14
, AS AMENDED BY P.L.273-1999,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14. (a) An individual:
(1) who is less than at least seven (7) years of age and less than
nineteen (19) years of age;
(2) who was born after September 30, 1983;
(3) who is not described in 42 U.S.C. 1396a(a)(10)(A)(I); and
(3) (4) whose family income does not exceed the income level
established in subsection (b);
is eligible to receive Medicaid.
(b) An individual described in this section subsection (a) is eligible
to receive Medicaid, subject to 42 U.S.C. 1396a et seq., if the
individual's family income does not exceed one hundred fifty percent
(150%) (100%) of the federal income poverty level for the same size
family.
(c) The office may apply a resource standard in determining the
eligibility of an individual described in this section.
SOURCE: IC 12-15-2-14.1; (02)IN1285.1.15. -->
SECTION 15.
IC 12-15-2-14.1
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 14.1. (a) An individual:
(1) who is at least one (1) year of age and less than seven (7)
years of age;
(2) who is not described in 42 U.S.C. 1396a(a)(10)(A)(I); and
(3) whose family income does not exceed the income level
established in subsection (b);
is eligible to receive Medicaid.
(b) An individual described in subsection (a) is eligible to receive
Medicaid, subject to 42 U.S.C. 1396a et seq., if the individual's
family income does not exceed one hundred thirty-three percent
(133%) of the federal income poverty level for the same size family.
(c) The office may apply a resource standard in determining the
eligibility of an individual described in this section.
SOURCE: IC 12-15-2-14.2; (02)IN1285.1.16. -->
SECTION 16.
IC 12-15-2-14.2
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14.2. (a) An individual:
(1) who is less than one (1) year of age;
(2) who is not described in 42 U.S.C. 1396a(a)(10)(A)(I); and
(3) whose family income does not exceed the income level
established in subsection (b);
is eligible to receive Medicaid.
(b) An individual described in subsection (a) is eligible to receive
Medicaid, subject to 42 U.S.C. 1396a et seq., if the individual's
family income does not exceed one hundred fifty percent (150%)
of the federal income poverty level for the same size family.
(c) The office may apply a resource standard in determining the
eligibility of an individual described in this section.
SOURCE: IC 12-15-41-10; (02)IN1285.1.17. -->
SECTION 17.
IC 12-15-41-10
, AS ADDED BY P.L.287-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 10. To the greatest extent possible, the office shall
use the same administrative procedures regarding premiums for the
buy-in program as are were used before July 1, 2002, for the children's
health insurance program established under IC 12-17.6 (before its
repeal), including:
(1) the effect of nonpayment of a premium; and
(2) the collection of premiums.
SOURCE: IC 12-15-41-13; (02)IN1285.1.18. -->
SECTION 18.
IC 12-15-41-13
, AS ADDED BY P.L.287-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 13. (a) The office shall establish criteria to
determine the effectiveness of:
(1) the buy-in program; and
(2) continued Medicaid coverage through Section 1619 of the
federal Social Security Act (42 U.S.C. 1382h).
(b) The criteria required under subsection (a) must include the
following:
(1) The number of individuals with disabilities who are:
(A) enrolled in the buy-in program; or
(B) receiving Medicaid through Section 1619 of the federal
Social Security Act (42 U.S.C. 1382h).
(2) State revenues resulting from premiums paid by participants
in the buy-in program.
(3) State costs incurred as a result of implementing the buy-in
program, including administrative costs and costs of providing
services.
(c) In addition to the criteria required under subsection (b), the
office may establish criteria to determine the following:
(1) Comparative costs of Medicaid funded services for
participants in the buy-in program and work incentives created
through Section 1619 of the federal Social Security Act (42
U.S.C. 1382h) before and after employment.
(2) The number of Supplemental Security Income and Social
Security Disability Insurance recipients in Indiana who are no
longer dependent on, or who have reduced dependence on, public
assistance or health care entitlement services other than Medicaid
or the children's health insurance program, due to participation in
the buy-in program or work incentives created through Section
1619 of the federal Social Security Act (42 U.S.C. 1382h).
(3) The number of individuals with severe disabilities who are no
longer dependent on, or who have reduced dependence on, public
benefits or services other than Medicaid or the children's health
insurance program, due to income or support services received
through participation in the buy-in program or work incentives
created through Section 1619 of the federal Social Security Act
(42 U.S.C. 1382h).
(4) The change in the number of buy-in program participants or
participants in work incentives created through Section 1619 of
the federal Social Security Act (42 U.S.C. 1382h) who have
health care needs and related services covered though employer
based benefit programs.
(d) In evaluating the effectiveness of the state's work incentive
initiatives for individuals with disabilities, the office:
(1) shall collaborate with other state agencies on data collection;
and
(2) may consult with an independent contractor to collect data on
the criteria listed under subsection (b).
(e) The office shall provide an annual report of its evaluation under
this section to the council not later than October 1 each year, beginning
in 2003.
SOURCE: IC 16-42-22-8; (02)IN1285.1.19. -->
SECTION 19.
IC 16-42-22-8
, AS AMENDED BY P.L.291-2001,
SECTION 233, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 8. (a) For substitution to occur for
a prescription other than a prescription filled under the Medicaid
program (42 U.S.C. 1396 et seq.) the children's health insurance
program established under IC 12-17.6-2, or the Medicare program (42
U.S.C. 1395 et seq.):
(1) the practitioner must sign on the line under which the words
"May substitute" appear; and
(2) the pharmacist must inform the customer of the substitution.
(b) This section does not authorize any substitution other than
substitution of a generically equivalent drug product.
SOURCE: IC 16-42-22-10; (02)IN1285.1.20. -->
SECTION 20.
IC 16-42-22-10
, AS AMENDED BY P.L.291-2001,
SECTION 234, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 10. (a) If a prescription is filled
under the Medicaid program (42 U.S.C. 1396 et seq.) the children's
health insurance program established under IC 12-17.6-2, or the
Medicare program (42 U.S.C. 1395 et seq.), the pharmacist shall
substitute a generically equivalent drug product and inform the
customer of the substitution if the substitution would result in a lower
price unless:
(1) the words "Brand Medically Necessary" are written in the
practitioner's own writing on the form; or
(2) the practitioner has indicated that the pharmacist may not
substitute a generically equivalent drug product by orally stating
that a substitution is not permitted.
(b) If a practitioner orally states that a generically equivalent drug
product may not be substituted, the practitioner must subsequently
forward to the pharmacist a written prescription with the "Brand
Medically Necessary" instruction appropriately indicated in the
physician's own handwriting.
(c) This section does not authorize any substitution other than
substitution of a generically equivalent drug product.
SOURCE: IC 4-12-1-14.3; IC 4-12-4; IC 4-12-5; IC 4-12-6; IC 4-12-
7; IC 4-12-8; IC 4-12-8.5; IC 4-12-9; IC 12-10-16-1; IC 12-17.6; IC
27-1-37.2; IC 35-43-5-7.2.
; (02)IN1285.1.21. -->
SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2002]:
IC 4-12-1-14.3
;
IC 4-12-4
;
IC 4-12-5
;
IC 4-12-6
;
IC 4-12-7
;
IC 4-12-8
;
IC 4-12-8.5
;
IC 4-12-9
;
IC 12-10-16-1
;
IC 12-17.6;
IC 27-1-37.2
;
IC 35-43-5-7.2.
SOURCE: ; (02)IN1285.1.22. -->
SECTION 22. [EFFECTIVE JULY 1, 2002]
Notwithstanding
P.L.291-2001, SECTION 3:
(1) The amount appropriated for COUNCIL OF STATE
GOVERNMENTS ANNUAL DUES, Other Operating
Expense in FY 2002-2003, is $0 and not $127,000.
(2) The amount appropriated for NATIONAL
CONFERENCE OF STATE LEGISLATURES ANNUAL
DUES, Other Operating Expense in 2002-2003, is $0 and not
$146,000.
(3) The amount appropriated for GOVERNOR'S
FELLOWSHIP PROGRAM, Other Total Operating Expense
in FY 2002-2003, is $0 and not $245,046.
SOURCE: ; (02)IN1285.1.23. -->
SECTION 23. [EFFECTIVE JULY 1, 2002]
Notwithstanding
P.L.291-2001, SECTION 7:
(1) The amount appropriated FOR THE STATE BUDGET
AGENCY, INDIANA PRESCRIPTION DRUG PROGRAM,
from the Tobacco Master Settlement Agreement Fund (IC
4-12-1-14.3), Total Operating Expense in FY 2002-2003, is $0
and not $20,000,000. The augmentation is canceled.
(2) There is appropriated FOR THE STATE BUDGET
AGENCY, INDIANA PRESCRIPTION DRUG PROGRAM,
from the state general fund in FY 2002-2003, $20,000,000.
(3) The amount appropriated for the INDIANA HEALTH
CARE ADVISORY BOARD, Tobacco Master Settlement
Agreement Fund (IC 4-12-1-14.3), Total Operating Expense
in FY 2002-2003, is $0 and not $38,200,000.
(4) The amount appropriated for COMMISSION FOR THE
STATUS OF BLACK MALES, Total Operating Expense in
FY 2002-2003, is $0 and not $125,859.
(5) The amount appropriated for OFFICE OF WOMEN'S
HEALTH, Total Operating Expense in FY 2002-2003, is $0
and not $175,000.
(6) The amount appropriated for COMMUNITY HEALTH
CENTERS, Total Operating Expense for FY 2003-2003, is $0
and not $16,000,000. This reduction to $0 includes the
$1,000,000 set aside for capital projects in fiscal year
2002-2003.
(7) The amount appropriated for LOCAL HEALTH
DEPARTMENT ACCOUNT, Tobacco Master Settlement
Agreement Fund (IC 4-12-1-14.3), Total Operating Expense
for the biennium, is $0 and not $3,000,000. The language in
P.L.291-2001, SECTION 3, stating that the appropriation is
a distribution under
IC 4-12-7
, is not in effect.
(8) The amount appropriated FOR THE TOBACCO USE
PREVENTION AND CESSATION BOARD TOBACCO USE
PREVENTION AND CESSATION PROGRAM, Tobacco Use
Prevention and Cessation Fund (IC 4-12-1-14.3), Total
Operating Expense for FY 2002-2003, is $0 and not
$25,000,000. The language in P.L.291-2001, SECTION 7,
stating that the appropriation shall be transferred from the
Tobacco Master Settlement Agreement Fund, is not in effect.
(9) The amount appropriated for HOOSIER STATE GAMES,
Total Operating Expense in FY 2002-2003, is $0 and not
$225,000.
SOURCE: ; (02)IN1285.1.24. -->
SECTION 24. [EFFECTIVE JULY 1, 2002] Notwithstanding
P.L.291-2001, SECTION 9:
(1) The amount appropriated for COMMISSION ON RACE
AND GENDER FAIRNESS, Total Operating Expense in FY
2002-2003, is $0 and not $160,908.
(2) The amount appropriated for THE JUDICIAL CENTER,
Personal Services in FY 2002-2003, is $0 and not $1,051,601.
(3) The amount appropriated for THE JUDICIAL CENTER,
Other Operating Expense in FY 2002-2003, is $0 and not
$772,919.
SOURCE: ; (02)IN1285.1.25. -->
SECTION 25. [EFFECTIVE JULY 1, 2002] Notwithstanding
P.L.291-2001, SECTION 10, the amount appropriated for
LEGISLATORS' TREES, Total Operating Expense for the
biennium, is $0 and not $33,692.
SOURCE: ; (02)IN1285.1.26. -->
SECTION 26. [EFFECTIVE JULY 1, 2002] Notwithstanding
P.L.291-2001, SECTION 37:
(1) The amount appropriated for Regional Health Care
Construction Account (IC 4-12-8.5), State Operated Facilities,
for the biennium, is $0 and not $26,061,378.
(2) The amount appropriated for DNR Inn Expansion, for the
biennium, is $0 and not $6,000,000.
(3) The amount appropriated for the Indiana House of
Representatives, for the biennium, is $0 and not $1,500,000.
SOURCE: ; (02)IN1285.1.27. -->
SECTION 27. [EFFECTIVE JULY 1, 2002]
(a) As used in this
SECTION, "office" refers to the office of Medicaid policy and
planning established by
IC 12-8-6-1.
(b) Before July 1, 2002, the office shall apply to the United
States Department of Health and Human Services for approval to
amend the state Medicaid plan to delete coverage under the
children's health insurance program established in IC 12-17.6
(repealed by this act).
(c) The office may not implement the amended state Medicaid
plan until the office files an affidavit with the governor attesting
that the proposed amendment to the state Medicaid plan applied
for under this SECTION was approved. The office shall file the
affidavit under this subsection not later than five (5) days after the
office is notified that the proposed amendment is approved.
(d) If the office receives approval of the proposed amendment
to the state Medicaid plan 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 amendment not more than sixty (60) days after
the governor receives the affidavit.
(e) The office may adopt rules under
IC 4-22-2
necessary to
implement this SECTION.
SOURCE: ; (02)IN1285.1.28. -->
SECTION 28. [EFFECTIVE JULY 1, 2002]
On July 1, 2002,
balances in the Indiana tobacco use prevention and cessation trust
fund and accounts within the Indiana tobacco use prevention and
cessation trust fund are transferred to the state general fund.