AN ACT to amend the Indiana Code concerning human services.
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 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) After December 31, 2003, 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.
(23) (22) An emergency rule adopted by the office of Medicaid
policy and planning under IC 12-15-41-15.
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.
imposed by the county.
(b) The part of a county's certified distribution that is to be used as
certified shares shall be allocated only among the county's civil taxing
units. Each civil taxing unit of a county is entitled to receive a
percentage of the certified shares to be distributed in the county equal
to the ratio of its attributed levy to the total attributed levies of all civil
taxing units of the county.
(c) The local government tax control board established by
IC 6-1.1-18.5-11 shall determine the attributed levies of civil taxing
units that are entitled to receive certified shares during a calendar year.
If the ad valorem property tax levy of any special taxing district,
authority, board, or other entity is attributed to another civil taxing unit
under subsection (b)(2), then the special taxing district, authority,
board, or other entity shall not be treated as having an attributed levy
of its own. The local government tax control board shall certify the
attributed levy amounts to the appropriate county auditor. The county
auditor shall then allocate the certified shares among the civil taxing
units of the auditor's county.
(d) Certified shares received by a civil taxing unit shall be treated
as additional revenue for the purpose of fixing its budget for the
calendar year during which the certified shares will be received. The
certified shares may be allocated to or appropriated for any purpose,
including property tax relief or a transfer of funds to another civil
taxing unit whose levy was attributed to the civil taxing unit in the
determination of its attributed levy.
January 31, 1995, the auditor of state shall distribute the STEP FOUR
amount to the county auditor to be used to retire outstanding
obligations for a qualified economic development tax project (as
defined in IC 36-7-27-9).
(d) After 1995, the STEP FOUR amount shall be distributed to the
county auditor in January of the ensuing calendar year. The STEP
FOUR amount shall be distributed by the county auditor to the civil
taxing units within thirty (30) days after the county auditor receives the
distribution. Each civil taxing unit's share equals the STEP FOUR
amount multiplied by the quotient of:
(1) the maximum permissible property tax levy under
IC 6-1.1-18.5 for the civil taxing unit, plus, for a county, an
amount equal to
(A) the property taxes imposed by the county in 1999 for the
county's welfare administration fund; plus
(B) after December 31, 2004, the greater of zero (0) or the
difference between:
(i) the county hospital care for the indigent property tax levy
imposed by the county in 2004 adjusted each year after 2004
by the statewide average assessed value growth quotient
described in IC 12-16-14-3; minus
(ii) the current uninsured parents program property tax levy
imposed by the county; divided by
(2) the sum of the maximum permissible property tax levies under
IC 6-1.1-18.5 for all civil taxing units of the county, plus an
amount equal to
(A) the property taxes imposed by the county in 1999 for the
county's welfare administration fund. plus
(B) after December 31, 2004, the greater of zero (0) or the
difference between:
(i) the county hospital care for the indigent property tax levy
imposed by the county in 2004 adjusted each year after 2004
by the statewide average assessed value growth quotient
described in IC 12-16-14-3; minus
(ii) the current uninsured parents program property tax levy
imposed by the county.
the county. The denominator of the fraction equals the sum of the
total property taxes that are first due and payable to all civil taxing
units of the county during the calendar year in which the month
falls, plus an amount equal to the property taxes imposed by the
county in 1999 for the county's welfare fund and welfare
administration fund. and after December 31, 2004, the greater of
zero (0) or the difference between the county hospital care for the
indigent property tax levy imposed by the county in 2004,
adjusted each year after 2004 by the statewide average assessed
value growth quotient described in IC 12-16-14-3, minus the
current uninsured parents program property tax levy imposed by
the county.
(f) The department of local government finance shall provide each
county auditor with the fractional amount of distributive shares that
each civil taxing unit in the auditor's county is entitled to receive
monthly under this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The department of local government finance shall make
any adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter to the payment of bonds or lease
rentals to finance a qualified economic development tax project under
IC 36-7-27 in that county or in any other county if the county fiscal
body determines that the project will promote significant opportunities
for the gainful employment or retention of employment of the county's
residents.
uninsured parents program property tax levy imposed by the
county.
STEP SIX: If the STEP THREE result is greater than zero (0),
the STEP ONE amount shall be distributed by multiplying the
STEP ONE amount by the ratio established under subdivision
(1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the
difference between the STEP SEVEN amount minus the
product of the STEP ONE amount multiplied by the ratio
established under subdivision (1). The STEP THREE excess
shall be distributed as provided in STEP NINE only to the civil
taxing units that have a STEP EIGHT difference greater than
or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5 and IC 6-1.1-18.6 for the qualifying civil
taxing unit during the calendar year in which the month
falls, plus, for a county, an amount equal to the property
taxes imposed by the county in 1999 for the county's welfare
fund and welfare administration fund; and after December
31, 2004, the greater of zero (0) or the difference between
the county hospital care for the indigent property tax levy
imposed by the county in 2004, adjusted each year after
2004 by the statewide average assessed value growth
quotient described in IC 12-16-14-3, minus the current
uninsured parents program property tax levy imposed by the
county; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5 and IC 6-1.1-18.6 for all qualifying civil
taxing units of the county during the calendar year in which
the month falls, and an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund. and after December 31,
2004, the greater of zero (0) or the difference between the
county hospital care for the indigent property tax levy
imposed by the county in 2004, adjusted each year after
2004 by the statewide average assessed value growth
quotient described in IC 12-16-14-3, minus the current
uninsured parents program property tax levy imposed by the
county.
body imposing the tax may adopt an ordinance before July 1 of a year
to provide for the distribution of certified distributions under this
subsection instead of a distribution under subsection (b). The following
apply if an ordinance is adopted under this subsection:
(1) The ordinance is effective January 1 of the following year.
(2) Except as provided in sections 25 and 26 of this chapter, the
amount of the certified distribution that the county and each city
and town in the county is entitled to receive during May and
November of each year equals the product of:
(A) the amount of the certified distribution for the month;
multiplied by
(B) a fraction. For a city or town, the numerator of the fraction
equals the population of the city or the town. For a county, the
numerator of the fraction equals the population of the part of
the county that is not located in a city or town. The
denominator of the fraction equals the sum of the population
of all cities and towns located in the county and the population
of the part of the county that is not located in a city or town.
(3) The ordinance may be made irrevocable for the duration of
specified lease rental or debt service payments.
(d) The body imposing the tax may not adopt an ordinance under
subsection (c) if, before the adoption of the proposed ordinance, any of
the following have pledged the county economic development income
tax for any purpose permitted by IC 5-1-14 or any other statute:
(1) The county.
(2) A city or town in the county.
(3) A commission, a board, a department, or an authority that is
authorized by statute to pledge the county economic development
income tax.
(e) The department of local government finance shall provide each
county auditor with the fractional amount of the certified distribution
that the county and each city or town in the county is entitled to receive
under this section.
(f) Money received by a county, city, or town under this section
shall be deposited in the unit's economic development income tax fund.
(g) Except as provided in subsection (b)(2)(B), in determining the
fractional amount of the certified distribution the county and its cities
and towns are entitled to receive under subsection (b) during a calendar
year, the department of local government finance shall consider only
property taxes imposed on tangible property subject to assessment in
that county.
(h) In a county having a consolidated city, only the consolidated city
is entitled to the certified distribution, subject to the requirements of
sections 15, 25, and 26 of this chapter.
subsection without regard to this subdivision.
STEP FIVE: Determine the result of:
(i) the STEP FOUR amount; multiplied by
(ii) the STEP THREE result.
The state welfare allocation shall be deducted from the total amount
available for apportionment and distribution to taxing units under this
section before any apportionment and distribution is made. The county
auditor shall remit the state welfare allocation to the treasurer of state
for deposit in a special account within the state general fund.
(d) Such determination shall be made from copies of vehicle
registration forms furnished by the bureau of motor vehicles. Prior to
such determination, the county assessor of each county shall, from
copies of registration forms, cause information pertaining to legal
residence of persons owning taxable vehicles to be verified from the
assessor's records, to the extent such verification can be so made. The
assessor shall further identify and verify from the assessor's records the
several taxing units within which such persons reside.
(e) Such verifications shall be done by not later than thirty (30) days
after receipt of vehicle registration forms by the county assessor, and
the assessor shall certify such information to the county auditor for the
auditor's use as soon as it is checked and completed.
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 110. "Hospital" means the following:
(1) For purposes of IC 12-15-11.5, the meaning set forth in
IC 12-15-11.5-1.
(2) For purposes of IC 12-15-18, the meaning set forth in
IC 12-15-18-2.
(3) For purposes of IC 12-16, except IC 12-16-1, and for purposes
of IC 12-16.1, the term refers to a hospital licensed under
IC 16-21.
IC 12-15-34.
(C) IC 12-17-10.
(D) IC 12-17-11.
(E) IC 12-17.6.
(F) IC 12-17.7.
(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.
Medicaid plan to hospitals established and operated under
IC 16-22-2, IC 16-22-8, and or IC 16-23, excluding payments
under IC 12-15-16, IC 12-15-17, and IC 12-15-19.
STEP THREE: The office shall calculate an amount equal to a
percentage of a reasonable estimate of the amount that would
have been paid in the aggregate by the office for the inpatient
hospital services described in STEP ONE under Medicare
payment principles. The office shall apply in this STEP the
maximum percentage permitted for the state under federal
Medicaid law.
STEP FOUR: Subtract the amount calculated under STEP TWO
from the amount calculated under STEP THREE.
STEP FIVE: Subject to subsection (g), from the amount
calculated under STEP FOUR, allocate to a hospital
established and operated under IC 16-22-8 an amount equal
to one hundred percent (100%) of the difference between:
(A) the total cost for the hospital's provision of inpatient
services covered under this article for the hospital's fiscal
year ending during the state fiscal year; and
(B) the total payment to the hospital for its provision of
inpatient services covered under this article for the
hospital's fiscal year ending during the state fiscal year,
excluding payments under IC 12-15-16, IC 12-15-17, and
IC 12-15-19.
STEP SIX: Subtract the amount calculated under STEP FIVE
from the amount calculated under STEP FOUR.
STEP FIVE: SEVEN: Distribute an amount equal to the amount
calculated under STEP FOUR SIX to the eligible hospitals
established and operated under IC 16-22-2 or IC 16-23
described in subsection (c) in proportion to each hospital's
Medicaid shortfall as defined in subsection (f).
(c) Subject to subsection (e), reimbursement for a state fiscal year
under this section consists of a single payment payments made after
the close of each state fiscal year. Payment for a state fiscal year ending
after June 30, 2001, 2003, shall be made before December 31 following
the state fiscal year's end. A hospital is not eligible for a payment
described in this subsection unless an intergovernmental transfer is
made under subsection (d).
(d) Subject to subsection (e), a hospital may make an
intergovernmental transfer under this subsection, or an
intergovernmental transfer may be made on behalf of the hospital, after
the close of each state fiscal year. An intergovernmental transfer under
this subsection must be made to the Medicaid indigent care trust fund
in an amount equal to a percentage, as determined by the office, of the
amount to be distributed to the hospital under STEP FIVE SEVEN of
subsection (b). In determining the percentage, the office shall apply the
same percentage of not more than eighty-five percent (85%) to all
hospitals eligible for reimbursement under STEP FIVE SEVEN of
subsection (b). The office shall use the intergovernmental transfer to
fund payments made under this section and as otherwise provided
under IC 12-15-20-2(5). IC 12-15-20-2(8).
(e) A hospital making an intergovernmental transfer under
subsection (d) may appeal under IC 4-21.5 the amount determined by
the office to be paid the hospital under STEP FIVE SEVEN of
subsection (b). The periods described in subsections (c) and (d) for the
hospital to make an intergovernmental transfer are tolled pending the
administrative appeal and any judicial review initiated by the hospital
under IC 4-21.5. The distribution to other hospitals under STEP FIVE
SEVEN of subsection (b) may not be delayed due to an administrative
appeal or judicial review instituted by a hospital under this subsection.
If necessary, the office may make a partial distribution to the other
eligible hospitals under STEP FIVE SEVEN of subsection (b) pending
the completion of a hospital's administrative appeal or judicial review,
at which time the remaining portion of the payments due to the eligible
hospitals shall be made. A partial distribution may be based upon
estimates and trends calculated by the office.
(f) For purposes of this section:
(1) a hospital's the Medicaid shortfall of a hospital established
and operated under IC 16-22-2 or IC 16-23 is calculated as
follows:
STEP ONE: The office shall identify the inpatient hospital
services, reimbursable under this article and under the state
Medicaid plan, that were provided during the state fiscal year
by the hospital.
STEP TWO: For the inpatient hospital services identified
under STEP ONE, the office shall calculate the payments
made under this article and under the state Medicaid plan to
the hospital, excluding payments under IC 12-15-16,
IC 12-15-17, and IC 12-15-19.
STEP THREE: The office shall calculate an amount equal to
a percentage of a reasonable estimate of the amount that would
have been paid by the office for the inpatient hospital services
described in STEP ONE under Medicare payment principles;
The office shall apply in this STEP the maximum percentage
permitted for the state under federal Medicaid law; and
(2) a hospital's Medicaid shortfall is equal to the amount by which
the amount calculated in STEP THREE of subdivision (1) is
greater than the amount calculated in STEP TWO of subdivision
(1).
(g) The actual distribution of the amount calculated under
STEP FIVE of subsection (b) to a hospital established and operated
under IC 16-22-8 shall be made under the terms and conditions
provided for the hospital in the state plan for medical assistance.
Payment to a hospital under STEP FIVE of subsection (b) is not a
condition precedent to the tender of payments to hospitals under
STEP SEVEN of subsection (b).
calculated under STEP FOUR, allocate to a hospital
established and operated under IC 16-22-8 an amount equal
to one hundred percent (100%) of the difference between:
(A) the total cost for the hospital's provision of outpatient
services covered under this article for the hospital's fiscal
year ending during the state fiscal year; and
(B) the total payment to the hospital for its provision of
outpatient services covered under this article for the
hospital's fiscal year ending during the state fiscal year,
excluding payments under IC 12-15-16, IC 12-15-17, and
IC 12-15-19.
STEP SIX: Subtract the amount calculated under STEP FIVE
from the amount calculated under STEP FOUR.
STEP FIVE: SEVEN: Distribute an amount equal to the amount
calculated under STEP FOUR SIX to the eligible hospitals
established and operated under IC 16-22-2 or IC 16-23
described in subsection (c) in proportion to each hospital's
Medicaid shortfall as defined in subsection (f).
(c) Subject to subsection (e), the reimbursement for a state fiscal
year under this section consists of a single payment payments made
before December 31 following the end of the state fiscal year. A
hospital is not eligible for a payment described in this subsection unless
an intergovernmental transfer is made under subsection (d).
(d) Subject to subsection (e), a hospital may make an
intergovernmental transfer under this subsection, or an
intergovernmental transfer may be made on behalf of the hospital, after
the close of each state fiscal year. An intergovernmental transfer under
this subsection must be made to the Medicaid indigent care trust fund
in an amount equal to a percentage, as determined by the office, of the
amount to be distributed to the hospital under STEP FIVE SEVEN of
subsection (b). In determining the percentage, the office shall apply the
same percentage of not more than eighty-five percent (85%) to all
hospitals eligible for reimbursement under STEP FIVE SEVEN of
subsection (b). The office shall use the intergovernmental transfer to
fund payments made under this section and as otherwise provided
under IC 12-15-20-2(5). IC 12-15-20-2(8).
(e) A hospital making an intergovernmental transfer under
subsection (d) may appeal under IC 4-21.5 the amount determined by
the office to be paid by the hospital under STEP FIVE SEVEN of
subsection (b). The periods described in subsections (c) and (d) for the
hospital to make an intergovernmental transfer are tolled pending the
administrative appeal and any judicial review initiated by the hospital
under IC 4-21.5. The distribution to other hospitals under STEP FIVE
SEVEN of subsection (b) may not be delayed due to an administrative
appeal or judicial review instituted by a hospital under this subsection.
If necessary, the office may make a partial distribution to the other
eligible hospitals under STEP FIVE SEVEN of subsection (b) pending
the completion of a hospital's administrative appeal or judicial review,
at which time the remaining portion of the payments due to the eligible
hospitals must be made. A partial distribution may be calculated by the
office based upon estimates and trends.
(f) For purposes of this section:
(1) a hospital's the Medicaid shortfall of a hospital established
and operated under IC 16-22-2 or IC 16-23 is calculated as
follows:
STEP ONE: The office shall identify the outpatient hospital
services, reimbursable under this article and under the state
Medicaid plan, that were provided during the state fiscal year
by the hospital.
STEP TWO: For the outpatient hospital services identified
under STEP ONE, the office shall calculate the payments
made under this article and under the state Medicaid plan to
the hospital, excluding payments under IC 12-15-16,
IC 12-15-17, and IC 12-15-19.
STEP THREE: The office shall calculate an amount equal to
a percentage of a reasonable estimate of the amount that would
have been paid by the office for the outpatient hospital
services described in STEP ONE under Medicare payment
principles; The office shall apply in this STEP the maximum
percentage permitted for the state under federal Medicaid law;
and
(2) a hospital's Medicaid shortfall is equal to the amount by which
the amount calculated in STEP THREE of subdivision (1) is
greater than the amount calculated in STEP TWO of subdivision
(1).
(g) The actual distribution of the amount calculated under
STEP FIVE of subsection (b) to a hospital established and operated
under IC 16-22-8 shall be made under the terms and conditions
provided for the hospital in the state plan for medical assistance.
Payment to a hospital under STEP FIVE of subsection (b) is not a
condition precedent to the tender of payments to hospitals under
STEP SEVEN of subsection (b).
[EFFECTIVE JULY 1, 2003]: Sec. 1.5. (a) This section applies to a
hospital that:
(1) is licensed under IC 16-21;
(2) is not a unit of state or local government; and
(3) is not owned or operated by a unit of state or local
government.
(b) For a state fiscal year ending after June 30, 2003, in addition
to reimbursement received under section 1 of this chapter, a
hospital eligible under this section is entitled to reimbursement in
an amount calculated as follows:
STEP ONE: The office shall identify the total inpatient
hospital services and the total outpatient hospital services,
reimbursable under this article and under the state Medicaid
plan, that were provided during the state fiscal year by the
hospitals described in subsection (a).
STEP TWO: For the total inpatient hospital services and the
total outpatient hospital services identified under STEP ONE,
the office shall calculate the aggregate payments made under
this article and under the state Medicaid plan to hospitals
described in subsection (a), excluding payments under
IC 12-15-16, IC 12-15-17, and IC 12-15-19.
STEP THREE: The office shall calculate a reasonable
estimate of the amount that would have been paid in the
aggregate by the office for the inpatient hospital services and
the outpatient hospital services identified in STEP ONE under
Medicare payment principles.
STEP FOUR: Subtract the amount calculated under STEP
TWO from the amount calculated under STEP THREE.
STEP FIVE: Distribute an amount equal to the amount
calculated under STEP FOUR to the eligible hospitals
described in subsection (a) as follows:
(A) Subject to the availability of funds under
IC 12-15-20-2(8)(D) to serve as the non-federal share of
such payment, the first ten million dollars ($10,000,000) of
the amount calculated under STEP FOUR for a state fiscal
year shall be paid to a hospital described in subsection (a)
that has more than seventy thousand (70,000) Medicaid
inpatient days.
(B) Following the payment to the hospital under clause (A)
and subject to the availability of funds under
IC 12-15-20-2(8)(D) to serve as the non-federal share of
such payments, the remaining amount calculated under
STEP FOUR for a state fiscal year shall be paid to all
hospitals described in subsection (a). The payments shall
be made on a pro rata basis based on the hospitals'
Medicaid inpatient days or other payment methodology
approved by the Centers for Medicare and Medicaid
Services.
(C) Subject to IC 12-15-20.7, in the event the entirety of the
amount calculated under STEP FOUR is not distributed
following the payments made under clauses (A) and (B),
the remaining amount may be paid to hospitals described
in subsection (a) that are eligible under this clause. A
hospital is eligible for a payment under this clause only if
the non-federal share of the hospital's payment is provided
by or on behalf of the hospital. The remaining amount
shall be paid to those eligible hospitals on a pro rata basis
in relation to all hospitals eligible under this clause based
on the hospitals' Medicaid inpatient days or other payment
methodology approved by the Centers for Medicare and
Medicaid Services.
(D) For purposes of the clauses (A), (B) and (C), a
hospital's Medicaid inpatient days are based on the
Medicaid inpatient days allowed for the hospital by the
office for purposes of the office's most recent
determination of eligibility for the Medicaid
disproportionate payment program under IC 12-15-16.
(c) Reimbursement for a state fiscal year under this section
consists of payments made after the close of each state fiscal year.
Payment for a state fiscal year ending after June 30, 2003, shall be
made before December 31 following the end of the state fiscal year.
(d) A hospital described in subsection (a) may appeal under
IC 4-21.5 the amount determined by the office to be paid to the
hospital under STEP FIVE of subsection (b). The distribution to
other hospitals under STEP FIVE of subsection (b) may not be
delayed due to an administrative appeal or judicial review
instituted by a hospital under this subsection. If necessary, the
office may make a partial distribution to the other eligible hospitals
under STEP FIVE of subsection (b) pending the completion of a
hospital's administrative appeal or judicial review, at which time
the remaining portion of the payments due to the eligible hospitals
shall be made. A partial distribution may be based on estimates
and trends calculated by the office.
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 9. (a) Subject to subsections (e), (f), (g), and (h),
For purposes of this section and IC 12-16-7.5-4.5, a payable claim
is attributed to a county if the payable claim is submitted to the
division by a hospital licensed under IC 16-21-2 for payment under
IC 12-16-7.5 for care provided by the hospital to an individual who
qualifies for the hospital care for the indigent program under
IC 12-16-3.5-1 or IC 12-16-3.5-2 and:
(1) who is a resident of the county;
(2) who is not a resident of the county and for whom the onset
of the medical condition that necessitated the care occurred in
the county; or
(3) whose residence cannot be determined by the division and
for whom the onset of the medical condition that necessitated
the care occurred in the county.
(b) For each state fiscal year ending June 30, 1998, June 30, 1999,
June 30, 2000, June 30, 2001, June 30, 2002, after June 30, 2003, and
June 30, 2004; a hospital licensed under IC 16-21-2 that submits to
the division during the state fiscal year a payable claim under
IC 12-16-7.5 is entitled to a payment under this section.
(b) Subject to subsections (e), (f), (g), and (h), total payments to
hospitals under this section for a state fiscal year shall be equal to all
amounts transferred from the state hospital care for the indigent fund
established under IC 12-16 or IC 12-16.1 for Medicaid current
obligations during the state fiscal year, including amounts of the fund
appropriated for Medicaid current obligations.
(c) The payment due to a hospital under this section must be based
on a policy developed by the office. The policy:
(1) is not required to provide for equal payments to all hospitals;
(2) must attempt, to the extent practicable as determined by the
office, to establish a payment rate that minimizes the difference
between the aggregate amount paid under this section to all
hospitals in a county for a state fiscal year and the amount of the
county's hospital care for the indigent property tax levy for that
state fiscal year; and
(3) must provide that no hospital will receive a payment under
this section less than the amount the hospital received under
section 8 of this chapter for the state fiscal year ending June 30,
1997.
(d) Following the transfer of funds under subsection (b), an amount
equal to the amount determined in the following STEPS shall be
deposited in the Medicaid indigent care trust fund under
IC 12-15-20-2(2) and used to fund a portion of the state's share of the
disproportionate share payments to providers for the state fiscal year:
STEP ONE: Determine the difference between:
(A) the amount transferred from the state hospital care for the
indigent fund under subsection (b); and
(B) thirty-five million dollars ($35,000,000).
STEP TWO: Multiply the amount determined under STEP ONE
by the federal medical assistance percentage for the state fiscal
year.
(e) If funds are transferred under IC 12-16-14.1-2(e), those funds
must be used for the state's share of funding for payments to hospitals
under this subsection. A payment under this subsection shall be made
to all hospitals that received a payment under this section for the state
fiscal year beginning July 1, 2003, and ending June 30, 2004. Payments
under this subsection shall be in proportion to each hospital's payment
under this section for the state fiscal year beginning July 1, 2003, and
ending June 30, 2004.
(f) If the office does not implement an uninsured parents program
as provided for in IC 12-17.7 before July 1, 2005, and funds are
transferred under IC 12-16-14.1-3, a hospital is entitled to a payment
under this section for the state fiscal year beginning on July 1, 2004.
Payments under this subsection shall be made after July 1, 2005, but
before December 31, 2005.
(g) If the office does not implement an uninsured parents program
as provided for in IC 12-17.7 before July 1, 2005, a hospital is entitled
to a payment under this section for state fiscal years ending after June
30, 2005.
(h) If funds are transferred under IC 12-17.7-9-2, those funds shall
be used for the state's share of payments to hospitals under this
subsection. A payment under this subsection shall be made to all
hospitals that received a payment under this section for the state fiscal
year beginning July 1, 2003, and ending June 30, 2004. Payments
under this subsection shall be in proportion to each hospital's payment
under this section for the state fiscal year beginning July 1, 2003, and
ending June 30, 2004.
(c) For a state fiscal year, subject to section 9.6 of this chapter,
the office shall pay to a hospital referred to in subsection (b) an
amount equal to the amount, based on information obtained from
the division and the calculations and allocations made under
IC 12-16-7.5-4.5, that the office determines for the hospital under
STEP SIX of the following STEPS:
STEP ONE: Identify:
(A) each hospital that submitted to the division one (1) or
more payable claims under IC 12-16-7.5 during the state
fiscal year; and
(B) the county to which each payable claim is attributed.
STEP TWO: For each county identified in STEP ONE,
identify:
(A) each hospital that submitted to the division one (1) or
more payable claims under IC 12-16-7.5 attributed to the
county during the state fiscal year; and
(B) the total amount of all hospital payable claims
submitted to the division under IC 12-16-7.5 attributed to
the county during the state fiscal year.
STEP THREE: For each county identified in STEP ONE,
identify the amount of county funds transferred to the
Medicaid indigent care trust fund under STEP FOUR of
IC 12-16-7.5-4.5(b).
STEP FOUR: For each hospital identified in STEP ONE, with
respect to each county identified in STEP ONE, calculate the
hospital's percentage share of the county's funds transferred
to the Medicaid indigent care trust fund under STEP FOUR
of IC 12-16-7.5-4.5(b). Each hospital's percentage share is
based on the total amount of the hospital's payable claims
submitted to the division under IC 12-16-7.5 attributed to the
county during the state fiscal year, calculated as a percentage
of the total amount of all hospital payable claims submitted to
the division under IC 12-16-7.5 attributed to the county
during the state fiscal year.
STEP FIVE: Subject to subsection (j), for each hospital
identified in STEP ONE, with respect to each county
identified in STEP ONE, multiply the hospital's percentage
share calculated under STEP FOUR by the amount of the
county's funds transferred to the Medicaid indigent care trust
fund under STEP FOUR of IC 12-16-7.5-4.5(b).
STEP SIX: Determine the sum of all amounts calculated
under STEP FIVE for each hospital identified in STEP ONE
with respect to each county identified in STEP ONE.
(d) A hospital's payment under subsection (c) is in the form of
a Medicaid add-on payment. The amount of a hospital's add-on
payment is subject to the availability of funding for the non-federal
share of the payment under subsection (e). The office shall make
the payments under subsection (c) before December 15 that next
succeeds the end of the state fiscal year.
(e) The non-federal share of a payment to a hospital under
subsection (c) is funded from the funds transferred to the Medicaid
indigent care trust fund under STEP FOUR of IC 12-16-7.5-4.5(b)
of each county to which a payable claim under IC 12-16-7.5
submitted to the division during the state fiscal year by the hospital
is attributed.
(f) The amount of a county's transferred funds available to be
used to fund the non-federal share of a payment to a hospital under
subsection (c) is an amount that bears the same proportion to the
total amount of funds of the county transferred to the Medicaid
indigent care trust fund under STEP FOUR of IC 12-16-7.5-4.5(b)
that the total amount of the hospital's payable claims under
IC 12-16-7.5 attributed to the county submitted to the division
during the state fiscal year bears to the total amount of all hospital
payable claims under IC 12-16-7.5 attributed to the county
submitted to the division during the state fiscal year.
(g) Any county's funds identified in subsection (f) that remain
after the non-federal share of a hospital's payment has been funded
are available to serve as the non-federal share of a payment to a
hospital under section 9.5 of this chapter.
(h) For purposes of this section, "payable claim" has the
meaning set forth in IC 12-16-7.5-2.5(b)(1).
(i) For purposes of this section:
(1) the amount of a payable claim is an amount equal to the
amount the hospital would have received under the state's
fee-for-service Medicaid reimbursement principles for the
hospital care for which the payable claim is submitted under
IC 12-16-7.5 if the individual receiving the hospital care had
been a Medicaid enrollee; and
(2) a payable hospital claim under IC 12-16-7.5 includes a
payable claim under IC 12-16-7.5 for the hospital's care
submitted by an individual or entity other than the hospital,
to the extent permitted under the hospital care for the
indigent program.
(j) The amount calculated under STEP FIVE of subsection (c)
for a hospital with respect to a county may not exceed the total
amount of the hospital's payable claims attributed to the county
during the state fiscal year.
county if the payable claim is submitted to the division by a
hospital licensed under IC 16-21-2 for payment under IC 12-16-7.5
for care provided by the hospital to an individual who qualifies for
the hospital care for the indigent program under IC 12-16-3.5-1 or
IC 12-16-3.5-2 and;
(1) who is a resident of the county;
(2) who is not a resident of the county and for whom the onset
of the medical condition that necessitated the care occurred in
the county; or
(3) whose residence cannot be determined by the division and
for whom the onset of the medical condition that necessitated
the care occurred in the county.
(b) For each state fiscal year ending after June 30, 2003, a
hospital licensed under IC 16-21-2:
(1) that submits to the division during the state fiscal year a
payable claim under IC 12-16-7.5; and
(2) whose payment under section 9(c) of this chapter was less
than the total amount of the hospital's payable claims under
IC 12-16-7.5 submitted by the hospital to the division during
the state fiscal year;
is entitled to a payment under this section.
(c) For a state fiscal year, subject to section 9.6 of this chapter,
the office shall pay to a hospital referred to in subsection (b) an
amount equal to the amount, based on information obtained from
the division and the calculations and allocations made under
IC 12-16-7.5-4.5, that the office determines for the hospital under
STEP EIGHT of the following STEPS:
STEP ONE: Identify each county whose transfer of funds to
the Medicaid indigent care trust fund under STEP FOUR of
IC 12-16-7.5-4.5(b) for the state fiscal year was less than the
total amount of all hospital payable claims attributed to the
county and submitted to the division during the state fiscal
year.
STEP TWO: For each county identified in STEP ONE,
calculate the difference between the amount of funds of the
county transferred to the Medicaid indigent care trust fund
under STEP FOUR of IC 12-16-7.5-4.5(b) and the total
amount of all hospital payable claims attributed to the county
and submitted to the division during the state fiscal year.
STEP THREE: Calculate the sum of the amounts calculated
for the counties under STEP TWO.
STEP FOUR: Identify each hospital whose payment under
section 9(c) of this chapter was less than the total amount of
the hospital's payable claims under IC 12-16-7.5 submitted by
the hospital to the division during the state fiscal year.
STEP FIVE: Calculate for each hospital identified in STEP
FOUR the difference between the hospital's payment under
section 9(c) of this chapter and the total amount of the
hospital's payable claims under IC 12-16-7.5 submitted by the
hospital to the division during the state fiscal year.
STEP SIX: Calculate the sum of the amounts calculated for
each of the hospitals under STEP FIVE.
STEP SEVEN: For each hospital identified in STEP FOUR,
calculate the hospital's percentage share of the amount
calculated under STEP SIX. Each hospital's percentage share
is based on the amount calculated for the hospital under
STEP FIVE calculated as a percentage of the sum calculated
under STEP SIX.
STEP EIGHT: For each hospital identified in STEP FOUR,
multiply the hospital's percentage share calculated under
STEP SEVEN by the sum calculated under STEP THREE.
The amount calculated under this STEP for a hospital may
not exceed the amount by which the hospital's total payable
claims under IC 12-16-7.5 submitted during the state fiscal
year exceeded the amount of the hospital's payment under
section 9(c) of this chapter.
(d) A hospital's payment under subsection (c) is in the form of
a Medicaid add-on payment. The amount of the hospital's add-on
payment is subject to the availability of funding for the non-federal
share of the payment under subsection (e). The office shall make
the payments under subsection (c) before December 15 that next
succeeds the end of the state fiscal year.
(e) The non-federal share of a payment to a hospital under
subsection (c) is derived from funds transferred to the Medicaid
indigent care trust fund under STEP FOUR of IC 12-16-7.5-4.5(b)
and not expended under section 9 of this chapter. To the extent
possible, the funds shall be derived on a proportional basis from
the funds transferred by each county identified in subsection (c),
STEP ONE:
(1) to which at least one (1) payable claim submitted by the
hospital to the division during the state fiscal year is
attributed; and
(2) whose funds transferred to the Medicaid indigent care
trust fund under STEP FOUR of IC 12-16-7.5-4.5(b) were not
completely expended under section 9 of this chapter.
The amount available to be derived from the remaining funds
transferred to the Medicaid indigent care trust fund under STEP
FOUR of IC 12-16-7.5-4.5(b) to serve as the non-federal share of
the payment to a hospital under subsection (c) is an amount that
bears the same proportion to the total amount of funds transferred
by all the counties identified in subsection (c), STEP ONE, that the
amount calculated for the hospital under subsection (c), STEP
FIVE, bears to the amount calculated under subsection (c), STEP
SIX.
(f) Except as provided in subsection (g), the office may not make
a payment under this section until the payments due under section
9 of this chapter for the state fiscal year have been made.
(g) If a hospital appeals a decision by the office regarding the
hospital's payment under section 9 of this chapter, the office may
make payments under this section before all payments due under
section 9 of this chapter are made if:
(1) a delay in one (1) or more payments under section 9 of this
chapter resulted from the appeal; and
(2) the office determines that making payments under this
section while the appeal is pending will not unreasonably
affect the interests of hospitals eligible for a payment under
this section.
(h) Any funds transferred to the Medicaid indigent care trust
fund under STEP FOUR of IC 12-16-7.5-4.5(b) remaining after
payments are made under this section shall be used as provided in
IC 12-15-20-2(8)(D).
(i) For purposes of this section:
(1) "payable claim" has the meaning set forth in
IC 12-16-7.5-2.5(b);
(2) the amount of a payable claim is an amount equal to the
amount the hospital would have received under the state's
fee-for-service Medicaid reimbursement principles for the
hospital care for which the payable claim is submitted under
IC 12-16-7.5 if the individual receiving the hospital care had
been a Medicaid enrollee; and
(3) a payable hospital claim under IC 12-16-7.5 includes a
payable claim under IC 12-16-7.5 for the hospital's care
submitted by an individual or entity other than the hospital,
to the extent permitted under the hospital care for the
indigent program.
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 9.6. The total amount of
payments to hospitals under sections 9 and 9.5 of this chapter may
not exceed the amount transferred to the Medicaid indigent care
trust fund under STEP FOUR of IC 12-16-7.5-4.5(b).
Medicaid indigent care trust fund, for state fiscal years
beginning July 1, 2001, and July 1, 2002, and July 1, 2003, an
amount equal to:
(i) one hundred percent (100%) of the total
intergovernmental transfers deposited into the Medicaid
indigent care trust fund for the state fiscal year beginning
July 1, 1998; minus
(ii) an amount equal to the amount deposited into the
Medicaid indigent care trust fund under IC 12-15-15-9(d)
for the state fiscal years beginning July 1, 2001, and July 1,
2002; and July 1, 2003;
shall be used to fund the state's share of disproportionate share
payments to providers under IC 12-15-19-2.1. The remainder
of the intergovernmental transfers, if any, must be used to fund
the state's share of additional Medicaid payments to hospitals
licensed under IC 16-21 pursuant to a methodology adopted by
the office.
(D) Of the intergovernmental transfers , which shall include
amounts transferred under IC 12-16-7.5-4.5(b), STEP
FOUR, deposited into the Medicaid indigent care trust fund
for state fiscal years ending after June 30, 2004, 2003, an
amount equal to:
(i) one hundred percent (100%) of the total
intergovernmental transfers deposited into the Medicaid
indigent care trust fund for the state fiscal year beginning
July 1, 1998, and ending June 30, 1999; minus
(ii) an amount equal to the amount deposited into the
Medicaid indigent care trust fund under IC 12-15-15-9(d)
STEP FOUR of IC 12-16-7.5-4.5(b) for the state fiscal year
ending after June 30, 2004; 2003;
shall be used to fund the state's non-federal share of
disproportionate share payments to providers under
IC 12-15-19-2.1. The remainder of the intergovernmental
transfers, if any, for the state fiscal years shall be transferred
to used to fund, in descending order of priority, the
non-federal share of payments to hospitals under
IC 12-15-15-9, the non-federal share of payments to
hospitals under IC 12-15-15-9.5, the amount to be
transferred under clause (F), and the non-federal share of
payments under clauses (A) and (B) of STEP FIVE of
IC 12-15-15-1.5(b). the state uninsured parents program fund
established under IC 12-17.8-2-1 to fund the state's share of
funding for the uninsured parents program established under
IC 12-17.7.
(E) If the office does not implement an uninsured parents
program as provided for in IC 12-17.7 before July 1, 2005, the
intergovernmental transfers transferred to the state uninsured
parents program fund under clause (B) shall be returned to the
Medicaid indigent care trust fund to be used to fund the state's
share of Medicaid add-on payments to hospitals licensed under
IC 16-21 under a payment methodology which shall be
developed by the office. The total amount of
intergovernmental transfers used to fund the non-federal
share of payments to hospitals under IC 12-15-15-9 and
IC 12-15-15-9.5 shall not exceed the amount calculated
under STEP TWO of the following formula:
STEP ONE: Calculate the total amount of funds
transferred to the Medicaid indigent care trust fund under
STEP FOUR of IC 12-16-7.5-4.5(b).
STEP TWO: Multiply the state Medicaid medical
assistance percentage for the state fiscal year for which the
payments under IC 12-15-15-9 and IC 12-15-15-9.5 are to
be made by the amount calculated under STEP ONE.
(F) As provided in clause (D), for each fiscal year ending
after June 30, 2003, an amount equal to the amount
calculated under STEP THREE of the following formula
shall be transferred to the office:
STEP ONE: Calculate the product of thirty-five million
dollars ($35,000,000) multiplied by the federal medical
assistance percentage for federal fiscal year 2003.
STEP TWO: Calculate the sum of the amounts, if any,
reasonably estimated by the office to be transferred or
otherwise made available to the office for the state fiscal
year, and the amounts, if any, actually transferred or
otherwise made available to the office for the state fiscal
year, under arrangements whereby the office and a
hospital licensed under IC 16-21-2 agree that an amount
transferred or otherwise made available to the office by
the hospital or on behalf of the hospital shall be included in
the calculation under this STEP.
STEP THREE: Calculate the amount by which the product
calculated under STEP ONE exceeds the sum calculated
under STEP TWO.
(F) If funds are transferred under IC 12-17.7-9-2 or
IC 12-17.8-2-4(d) to the Medicaid indigent care trust fund, the
funds shall be used to fund the state's share of Medicaid
add-on payments to hospitals licensed under IC 16-21 under
a payment methodology which the office shall develop.
used by the patients, hospitals, physicians, transportation providers,
and county offices in carrying out the hospital care for the indigent
program.
eligible person may only be made to the providers of the care.
hospital, or transportation provider may appeal to the division not
later than ninety (90) days after the mailing of notice of that
determination to the affected person, physician, hospital, or
transportation provider at the person's last known address of the
person, physician, hospital, or transportation provider.
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. The division shall pay the following, subject to
the limitations in section 4 5 of this chapter:
(1) The necessary costs reasonable cost of medical or hospital
care for indigent patients. covered under IC 12-16-3.5-1 or
IC 12-16-3.5-2.
(2) The reasonable cost of transportation to the place of treatment
arising out of the medical care.
[EFFECTIVE JULY 1, 2003]: Sec. 4.5. (a) Not later than October 31
following the end of each state fiscal year, the division shall:
(1) calculate for each county the total amount of payable
claims submitted to the division during the state fiscal year
attributed to:
(A) patients who were residents of the county; and
(B) patients:
(i) who were not residents of Indiana;
(ii) whose state of residence could not be determined by
the division; and
(iii) who were residents of Indiana but whose county of
residence in Indiana could not be determined by the
division;
and whose medical condition that necessitated the care or
service occurred in the county;
(2) notify each county of the amount of payable claims
attributed to the county under the calculation made under
subdivision (1); and
(3) with respect to payable claims attributed to a county
under subdivision (1):
(A) calculate the total amount of payable claims submitted
during the state fiscal year for:
(i) each hospital;
(ii) each physician; and
(iii) each transportation provider; and
(B) determine the amount of each payable claim for each
hospital, physician, and transportation provider listed in
clause (A).
(b) Before November 1 following the end of a state fiscal year,
the division shall allocate the funds transferred from a county's
hospital care for the indigent fund to the state hospital care for the
indigent fund under IC 12-16-14 during or for the state fiscal year
as required under the following STEPS:
STEP ONE: Determine the total amount of funds transferred
from a county's hospital care for the indigent fund by the
county to the state hospital care for the indigent fund under
IC 12-16-14 during or for the state fiscal year.
STEP TWO: Of the total amount of payable claims submitted
to the division during the state fiscal year attributed to the
county under subsection (a), determine the amount of total
hospital payable claims, total physician payable claims, and
total transportation provider payable claims. Of the amounts
determined for physicians and transportation providers,
calculate the sum of those amounts as a percentage of an
amount equal to the sum of the total payable physician claims
and total payable transportation provider claims attributed
to all the counties submitted to the division during the state
fiscal year.
STEP THREE: Multiply three million dollars ($3,000,000) by
the percentage calculated under STEP TWO.
STEP FOUR: Transfer to the Medicaid indigent care trust
fund for purposes of IC 12-15-20-2(8)(D) an amount equal to
the amount calculated under STEP ONE, minus an amount
equal to the amount calculated under STEP THREE.
STEP FIVE: The division shall retain an amount equal to the
amount remaining in the state hospital care for the indigent
fund after the transfer in STEP FOUR for purposes of making
payments under section 5 of this chapter.
(c) The costs of administering the hospital care for the indigent
program, including the processing of claims, shall be paid from the
funds transferred to the state hospital care for the indigent fund.
liable for any part of the cost of care provided to an individual who has
been determined to be a patient described in the rules adopted under
IC 12-16-10.5.
first become effective.
STEP TWO: Compute separately, for each of the calendar
years determined in STEP ONE, the quotient (rounded to the
nearest ten-thousandth) of the county's total assessed value of
all taxable property in the particular calendar year, divided
by the county's total assessed value of all taxable property in
the calendar year immediately preceding the particular
calendar year.
STEP THREE: Divide the sum of the three (3) quotients
computed in STEP TWO by three (3).
(d) Except as provided in subsection (e):
(1) for taxes first due and payable in 2007, each county shall
impose a hospital care for the indigent property tax levy equal to
the product of: (1) for the initial annual levy under this chapter
after July 1, 2004: (A) a levy equal to ninety percent (90%) of the
hospital care for the indigent property tax levy for taxes first due
and payable in calendar year 2004; multiplied by (B) the
statewide average assessed value growth quotient, using all the
county assessed value growth quotients determined under
IC 6-1.1-18.5-2 for the year in which the tax levy under this
subdivision will be first due and payable; the average annual
amount of payable claims attributed to the county under
IC 12-16-7.5-4.5 during the state fiscal years beginning:
(A) July 1, 2003;
(B) July 1, 2004; and
(C) July 1, 2005; and
(2) for all subsequent annual levies under this section, (A) a levy
equal to the hospital care for the indigent program property tax
levy for taxes first due and payable in the preceding calendar
year; multiplied by (B) the statewide average assessed value
growth quotient, using all the county assessed value growth
quotients determined under IC 6-1.1-18.5-2 for the year in which
the tax levy under this subdivision will be first due and payable.
the average annual amount of payable claims attributed to the
county under IC 12-16-7.5-4.5 during the three (3) most
recently completed state fiscal years.
(e) A county may not impose an annual levy under subsection
(d) in an amount greater than the product of:
(1) The greater of:
(A) the county's hospital care for the indigent property tax
levy for taxes first due and payable in 2006; or
(B) the amount of the county's maximum hospital care for
the indigent property tax levy determined under this
subsection for taxes first due and payable in the
immediately preceding year; multiplied by
(2) the assessed value growth quotient determined in the last
STEP of the following STEPS:
STEP ONE: Determine the three (3) calendar years that most
immediately precede the ensuing calendar year and in which
a statewide general reassessment of real property does not
first become effective.
STEP TWO: Compute separately, for each of the calendar
years determined in STEP ONE, the quotient (rounded to the
nearest ten-thousandth) of the county's total assessed value of
all taxable property in the particular calendar year, divided
by the county's total assessed value of all taxable property in
the calendar year immediately preceding the particular
calendar year.
STEP THREE: Divide the sum of the three (3) quotients
computed in STEP TWO by three (3).
board shall by rule provide for regular meetings to be held at a
designated interval throughout the year.
(b) The chairman or a majority of the members of the board may call
a special meeting. The board shall by rule establish a procedure for
calling special meetings. The board shall publish notice of a special
meeting one (1) time, not less than twenty-four (24) hours before the
time of the meeting, in two (2) daily newspapers of general circulation
in the county in which the corporation is established.
(c) Regular and special meetings are open to the public.
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 27. (a) The governing
board shall appoint an executive director of the board who is qualified
by education and experience to serve for a term of four (4) years unless
sooner removed. The executive director is eligible for reappointment.
The executive director must be a resident of the county.
(b) In addition to the duties as executive director of the board, the
executive director acts as secretary of the board.
shall be paid to the treasurer and the treasurer shall deposit the money
in accordance with Indiana law relating to the deposit of public funds
by municipal corporations. However, if trust funds are received or
managed under a trust indenture, the terms and conditions of the trust
indenture shall be followed. The treasurer must be a resident of the
county.
; (03)HE1813.1.55. --> SECTION 55. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2003]: IC 12-7-2-24.7; IC 12-16-2.5-6; IC 12-16-3.5-5; IC 12-16-4.5-9; IC 12-16-5.5-5; IC 12-16-6.5-8; IC 12-16-7.5-2; IC 12-16-7.5-4; IC 12-16-7.5-6; IC 12-16-7.5-11; IC 12-16-7.5-13; IC 12-16-8.5-6; IC 12-16-9.5-2; IC 12-16-10.5-6; IC 12-16-11.5-3; IC 12-16-12.5-6; IC 12-16-13.5-3; IC 12-16-14-3.4; IC 12-16-14-3.7; IC 12-16-14.1; IC 12-16-15.5-7; IC 12-16-16.5-4; IC 12-16.1; IC 12-17.7; IC 12-17.8; IC 35-43-5-7.3.