SB 350-1_ Filed 02/18/2008, 08:42
Your Committee on Ways and Means , to which was referred Senate Bill 350 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 4, line 41; (08)CR035001.4. -->
Page 4, line 41, delete "The" and insert " Except as provided in
subsection (h), the
Page 4, line 41, after "pay" insert " to the division of mental health
and addiction the part of
Page 4, line 41, delete "in the amount".
Page 4, line 42, delete "to the division of mental health and
addiction." and insert " that is appropriated solely for funding the
operations of a community health center.
Page 5, line 1, after "section" insert " for operations of a
community health center
Page 5, between lines 7 and 8, begin a new line blocked left and
" All other funding appropriated for the purposes allowed under
section 1.2(b)(1) of this chapter shall be paid by the county directly
to the community mental health center semiannually at the times
that the payments are made under subsection (e).".
Page 5, line 8, after "funds" insert " for operations".
Page 5, between lines 37 and 38, begin a new paragraph and insert:
" (h) The health and hospital corporation of Marion County
created by IC 16-22-8-6 may make payments to the division for the
operation of a community mental health center as described in this
SOURCE: IC 12-29-2-2.5; (08)CR035001.4. -->
SECTION 4. IC 12-29-2-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 2.5. (a) As used in this section, "mental health
transformation pilot project" refers to a project that is funded
from sources that are not used to fund the community mental
health system as of July 1, 2008.
(b) The division shall do the following:
(1) Determine the total funding amount provided to each
community mental health center for the 2006-2007 state fiscal
year, including specifying the sources of the funding provided
to the community mental health center.
(2) Determine the percentage of total funding provided to
each community mental health center from the total amount
of funding the division provided.
(3) Ensure that each community mental health center receives
the same funding distribution percentage calculated in
subdivision (2) in subsequent fiscal years based upon the total
amount of funding available to community mental health
(4) Provide notice to a community mental health center,
before the beginning of a state fiscal year, of the total amount
of funding available to the community mental health center
for use as eligible nonfederal funds under the community
mental health rehabilitation services program. The eligible
nonfederal share must be specifically identified as follows:
(A) State match eligible dollars.
(B) Dedicated state dollars.
(C) Federal grant dollars.
(D) Performance based funding dollars.
(c) If the division determines that additional funds are available
to community mental health centers as part of a mental health
transformation pilot project administered by the office of the
secretary, the additional available funds may not be included as
part of the allocation percentage determined in subsection (b)(2).".
SOURCE: Page 6, line 30; (08)CR035001.6. -->
Page 6, line 30, after "for" insert " operations of".
Page 6, line 33, delete "monies are" and insert " money is
appropriated by a county for purposes allowed under section
1.2(b)(1) of this chapter or is".
Page 7, after line 19, begin a new paragraph and insert:
SOURCE: IC 12-29-4; (08)CR035001.8. -->
"SECTION 8. IC 12-29-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
Chapter 4. SEA 350-2008 Moratorium
Sec. 1. As used in this chapter, "restricted rules" means the
rules that the United States Secretary of Health and Human
Services is restricted from implementing under the congressional
moratorium enacted as part of H.R. 2206 (Iraq War Supplement;
May 25, 2007), including the following:
(1) The proposed rule published on January 18, 2007, in
volume 72 of the Federal Register (relating to 42 CFR, parts
433, 447, and 457).
(2) The final form of the proposed rule described in
subdivision (1) as published in volume 72 of the Federal
Register on May 29, 2007.
Sec. 2. Notwithstanding any other law, the additions and
amendments to the Indiana Code set forth in SEA 350-2008 are
applicable only to the extent that:
(1) the congressional moratorium on the implementation of
the restricted rules by the United States Secretary of Health
and Human Services is not extended; and
(2) the restricted rules are implemented.
SOURCE: ; (08)CR035001.9. -->
SECTION 9. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "secretary" refers to the secretary of family and social
services appointed under IC 12-8-1-2.
(b) This SECTION applies to money appropriated to
community mental health centers from:
(1) the state general fund; and
(2) the tobacco master settlement agreement fund;
by P.L.234-2007, SECTION 8.
(c) Notwithstanding P.L.234-2007, SECTION 8, the office of the
secretary and the budget agency shall allocate the amount
appropriated to community mental health centers for the
2008-2009 state fiscal year in the manner required by subsection
(d) The office of the secretary and the budget agency shall
allocate the amount appropriated to community mental health
centers for the 2008-2009 state fiscal year using the same allocation
formula used under the Hoosier assurance program for
distributions made in the 2007-2008 state fiscal year.
(e) The authority of:
(1) the office of the secretary to determine an allocation
formula for the appropriations described in subsection (b);
(2) the budget agency to approve the allocation formula
determined by the office of the secretary;
granted by P.L.234-2007, SECTION 8 is voided by this SECTION.
(f) This SECTION expires July 1, 2009.
SOURCE: ; (08)CR035001.10. -->
SECTION 10. An emergency is declared for this act.
Renumber all SECTIONS consecutively.
(Reference is to SB 350 as reprinted January 29, 2008.)
and when so amended that said bill do pass.
CR035001/DI 92 2008