Title 12, TITLE 12. HUMAN SERVICES

limitations; expiration Sec. 1.2. (a) As used in this section, "children's hospital" means: (1) a freestanding general acute care hospital that: (A) is designated by the Medicare program as a children's hospital; or (B) furnishes inpatient and outpatient health care services to p…

intergovernmental transfers; calculating Medicaid shortfall Sec. 1.3. (a) This section applies to a hospital that is: (1) licensed under IC 16-21; and (2) established and operated under IC 16-22-2, IC 16-22-8, or IC 16-23. This section does not apply during the period that the of…

amount of distribution 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. This section does not apply during the period tha…

Sec. 1.6. (a) This section applies only if the office determines, based on information received from the United States Centers for Medicare and Medicaid Services, that payments made under section 1.5(b) STEP FIVE (A), (B), or (C) of this chapter will not be approved for federal f…

provider program Sec. 10. (a) This section applies to a hospital that: (1) is licensed under IC 16-21; and (2) qualifies as a provider under IC 12-15-16, IC 12-15-17, or IC 12-15-19 of the Medicaid disproportionate share provider program. (b) The office may, after consulting with…

Sec. 11. Hospitals licensed under IC 16-21 that are established and operated under IC 16-22, IC 16-22-8, or IC 16-23 are nominal charge hospitals for purposes of the Medicaid program. As added by P.L.283-2001, SEC.21.

children's hospitals bordering Indiana; provision of information; expiration Sec. 12. (a) By November 1, 2022, and by November 1, 2023, the budget committee shall review the Medicaid reimbursements provided under section 1.2 of this chapter for children's hospitals that are locat…

prospective or retrospective application Sec. 2. The rates adopted under this chapter for a hospital licensed under IC 16-21 may be the following: (1) Prospective. (2) Retroactive. (3) A combination of prospective and retroactive. [Pre-1992 Revision Citation: 12-1-7-17.6(c) part.…

Sec. 2.5. (a) Payment for physician services provided in the emergency department of a hospital licensed under IC 16-21 must be at a rate of one hundred percent (100%) of rates payable under the Medicaid fee structure. (b) The payment under subsection (a) must be calculated using…

prospective payment rate Sec. 3. Payment of a service provided in a hospital operating under IC 16-24-1 shall be determined in accordance with a prospective payment rate for the service. [Pre-1992 Revision Citation: 12-1-7-17.6(c) part.] As added by P.L.2-1992, SEC.9. Amended by …

under IC 16-24-1 Sec. 4. The office shall establish a per diem rate for the service provided in a hospital operating under IC 16-24-1 under rules adopted under IC 4-22-2 by the secretary. [Pre-1992 Revision Citation: 12-1-7-17.6(c) part.] As added by P.L.2-1992, SEC.9. Amended by…

Sec. 4.5. Payment to a hospital for a test required under IC 16-41-6-4 must be in an amount equal to the hospital's actual cost of performing the test and may not reduce or replace the reimbursement of other services that are provided to the patient under the state Medicaid progr…

[Pre-1992 Revision Citation: 12-1-7-17.6(c) part.] As added by P.L.2-1992, SEC.9. Repealed by P.L.126-1998, SEC.22.

Sec. 6. (a) In addition to a payment due to a hospital for the delivery of a newborn infant, the office shall tender a payment to the hospital for the hospital's collection, handling, and delivery of a specimen for testing under IC 16-41-17-2(a)(10). (b) Payment to a hospital req…

As added by P.L.277-1993(ss), SEC.70. Amended by P.L.156-1995, SEC.1. Repealed by P.L.126-1998, SEC.21. IC 12-15-15-9 Attribution of payable claim to county; amount of payment on payable claims; conditions on payments; funds available for payments Sec. 9. (a) For purposes of this…

payments; limitation on payments Sec. 9.5. (a) 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 b…

Sec. 9.6. For state fiscal years beginning after June 30, 2007, the total amount of payments to hospitals under sections 9 and 9.5 of this chapter may not exceed the amount paid to hospitals under sections 9 and 9.5 of this chapter for the state fiscal year ending June 30, 2007. …

As added by P.L.78-2004, SEC.7. Repealed by P.L.212-2007, SEC.31; P.L.218-2007, SEC.52.

recipients to board of commissioners Sec. 1. If an applicant for or recipient of township assistance is not satisfied with the decision of the township trustee, as administrator of township assistance, the applicant or recipient may appeal to the board of commissioners. [Pre-1992…

Sec. 2. An applicant for township assistance must file the applicant's appeal not more than fifteen (15) days from the date of issuance by the township trustee of adequate written notice of the denial of township assistance as provided by IC 12-20-6-8. An appeal must be made in w…

Sec. 3. (a) The board of county commissioners may: (1) conduct a hearing on the appeal; or (2) appoint a hearing officer: (A) from among the board; (B) from among the employees of the board; or (C) from qualified residents of the county; who will conduct a hearing for the board. …

Sec. 5. The appellant must be present at a hearing conducted by the board of commissioners or a hearing officer. The township trustee, as administrator of township assistance, or the trustee's representative shall be notified in writing of the hearing date and time, but the failu…

Sec. 6. (a) The board of commissioners shall hold a hearing as soon as possible after the filing of an appeal but not more than ten (10) working days after the appeal form or other notice of appeal is received in the office of the board of commissioners. (b) The board of commissi…

Sec. 7. The township trustee, as administrator of township assistance, shall carry out a decision of the board to sustain, increase, grant, or otherwise modify township assistance only if the board of commissioners complies with the requirements for a written decision under secti…

Sec. 8. (a) The township trustee or an applicant may appeal a decision of the board of commissioners to a circuit or superior court with jurisdiction in the county. (b) In hearing an appeal, the court shall be governed by the township's township assistance standards for determini…

trustee Sec. 9. If the court sets aside a decision of the board of commissioners in favor of an applicant, the township trustee may recover the amount of any assistance awarded as a result of the board's decision. [Pre-1992 Revision Citation: 12-2-1-18(e).] As added by P.L.2-1992…

Sec. 1. A police officer or peace officer making an arrest for public intoxication may do the following: (1) If an individual is unmanageable or is causing damage to the individual or others, take the individual into custody for criminal processing in the city lock-up or county j…

nonalcoholic factors contributing to intoxicated appearance Sec. 2. An individual to be taken to the city lock-up or county jail shall be evaluated at the earliest possible time for nonalcoholic factors that may be contributing to the appearance of intoxication. [Pre-1992 Revisio…

Sec. 3. A citation written for the purpose of the offense of public intoxication must contain the following: (1) The name of the individual arrested. (2) The place where arrested. (3) The name of the arresting officer. (4) The time of arrest. (5) The time and place for trial. (6)…

recording; priority Sec. 1. The liability created by this article for payment of any type of cost of treatment and maintenance of a patient constitutes a lien upon the real property of the patient and responsible parties of the patient whenever the lien has been recorded accordin…

Sec. 10. The governor may, with the approval of the attorney general, agree to accept a lesser payment than that established by this article if it is found after investigation that the estate of a patient or responsible party is insufficient to pay the amount established. [Pre-19…

unaffected; limitation of actions Sec. 11. This article does not affect any pending litigation or rights or privileges that accrued before June 1, 1981. However, a claim for services provided before June 1, 1981, against a patient or the responsible parties of the patient becomes…

Sec. 2. (a) If charges for the cost of treatment and maintenance of a patient remain unpaid in whole for three (3) months or in part for six (6) months, the appropriate division may file, in the office of the county recorder of the county in which the real property is located, th…

Sec. 3. (a) From the date on which the notice of lien is recorded in the office of the county recorder, the notice of lien: (1) constitutes due notice of a lien against the patient or responsible party or the patient's estate for any amount then recoverable and any amounts that b…

patient or responsible party in the county; enforcement suit; judgment lien Sec. 4. (a) The clerk of the circuit court for each county shall give notice to the director of the appropriate division of the opening or commencement of the estate of the patient or a responsible party …

attachment; costs Sec. 5. (a) The attorney general may bring suit against: (1) the patient; (2) the responsible parties of the patient; or (3) the legal guardian of the patient; for failure to comply with a maintenance agreement established or for failure to make a maintenance ag…

conditions of IC 12-24-13; limitation of actions Sec. 6. (a) Except as provided in subsection (b), the absence of a suit authorized in section 5 of this chapter does not bar a division from enforcing its claim against the estate of a patient or the responsible parties of the pati…

Sec. 7. The attorney general may bring proceedings in foreclosure on a lien arising under this chapter during the lifetime of the patient or responsible party when, in the opinion of the director, it is in the best interest of the division to foreclose on the lien. [Pre-1992 Revi…

unpaid treatment and maintenance charges; property subject to lien; priority; conditions Sec. 8. (a) Upon the death of a patient or responsible party whose property is encumbered by a lien arising under this chapter and upon notification by the director, the attorney general shal…

unpaid treatment and maintenance charges; priority Sec. 9. (a) Upon the death of a patient or a responsible party of the patient who is indebted to the state for any unpaid maintenance charges, whether or not secured by a lien, the attorney general shall file a claim against the …

individual committed after verdict of not responsible by reason of insanity Sec. 1. (a) At least annually, and more often if directed by the court, the superintendent of the facility or the attending physician including the superintendent or attending physician of an outpatient t…

Sec. 2. (a) Upon receipt of the report required by section 1 of this chapter, the court shall do one (1) of the following: (1) Order the individual's continued custody, care, and treatment in the appropriate facility or therapy program. (2) Terminate the commitment or release the…

order; frequency of commitment reviews; hearing date Sec. 3. (a) Upon receiving a copy of the court order, the individual or the individual's representative may request a hearing for review or dismissal of the commitment or order concerning the therapy program. The right to revie…

Sec. 4. (a) The rights of a committed individual are the same as those provided in IC 12-26-6. (b) Hearing procedures for a hearing under this chapter are the same as those provided in IC 12-26-6. [Pre-1992 Revision Citation: 16-14-9.1-10(g).] As added by P.L.2-1992, SEC.20.…

therapy program period; notice to court of discharge or release from therapy program Sec. 5. (a) Unless the court has entered an order under IC 12-26-12, the individual may be discharged before the end of the commitment period or court ordered therapy program period if either of …

Sec. 1. "Account" refers to the Indiana prescription drug account established under IC 4-12-8. As added by P.L.21-2000, SEC.8. Amended by P.L.291-2001, SEC.77.

Sec. 2. "Program" refers to the Indiana prescription drug program established under section 3 of this chapter. As added by P.L.21-2000, SEC.8.

Sec. 3. The office of the secretary shall administer a program implementing the recommendations of the prescription drug advisory committee to provide access to needed pharmaceuticals to ensure the health and welfare of Indiana's low-income senior citizens. As added by P.L.21-200…

Sec. 4. The office of the secretary shall report to the budget committee on the recommendations made by the prescription drug advisory committee. As added by P.L.21-2000, SEC.8.

Sec. 5. (a) The office may adopt rules under IC 4-22-2 to implement the program. (b) The office may adopt emergency rules under IC 4-22-2-37.1 to implement the program on an emergency basis. As added by P.L.21-2000, SEC.8.