1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1359 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 11-10-12; IC 12-15-5-1. |
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7 | 7 | | Synopsis: Resources for committed offenders upon release. Requires |
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8 | 8 | | the department of correction (department) to provide: (1) a short term |
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9 | 9 | | supply of medication to certain Medicaid eligible committed offenders |
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10 | 10 | | and a discharge summary of the medications provided to the committed |
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11 | 11 | | offender during the committed offender's term of incarceration; (2) |
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12 | 12 | | assistance to obtain certain documentation; and (3) assistance in |
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13 | 13 | | obtaining a credential from the bureau of motor vehicles at the time of |
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14 | 14 | | the committed offender's release on parole, assignment to a community |
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15 | 15 | | transition program, or discharge from the department. Provides |
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16 | 16 | | Medicaid coverage for a prescription provided by the department at the |
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17 | 17 | | time of an offender's release on parole, assignment to a community |
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18 | 18 | | transition program, or discharge from the department. |
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19 | 19 | | Effective: July 1, 2023. |
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20 | 20 | | Bauer M |
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21 | 21 | | January 17, 2023, read first time and referred to Committee on Courts and Criminal Code. |
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22 | 22 | | 2023 IN 1359—LS 6382/DI 139 Introduced |
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23 | 23 | | First Regular Session of the 123rd General Assembly (2023) |
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24 | 24 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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25 | 25 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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26 | 26 | | additions will appear in this style type, and deletions will appear in this style type. |
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27 | 27 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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28 | 28 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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29 | 29 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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30 | 30 | | a new provision to the Indiana Code or the Indiana Constitution. |
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31 | 31 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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32 | 32 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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33 | 33 | | HOUSE BILL No. 1359 |
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34 | 34 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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35 | 35 | | corrections. |
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36 | 36 | | Be it enacted by the General Assembly of the State of Indiana: |
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37 | 37 | | 1 SECTION 1. IC 11-10-12-5.5 IS ADDED TO THE INDIANA |
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38 | 38 | | 2 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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39 | 39 | | 3 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. (a) This section applies to a |
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40 | 40 | | 4 committed offender who is: |
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41 | 41 | | 5 (1) eligible for Medicaid coverage under section 5.3 of this |
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42 | 42 | | 6 chapter; and |
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43 | 43 | | 7 (2) being treated for a mental illness or addictive disorder |
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44 | 44 | | 8 with medication by a qualified medical provider. |
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45 | 45 | | 9 (b) Except as provided in subsection (c), the department shall |
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46 | 46 | | 10 provide a committed offender with a fourteen (14) day supply of |
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47 | 47 | | 11 the medication prescribed to the committed offender less |
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48 | 48 | | 12 remaining medication provided by the department to the |
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49 | 49 | | 13 committed offender during the committed offender's period of |
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50 | 50 | | 14 incarceration when the committed offender is: |
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51 | 51 | | 15 (1) released on parole; |
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52 | 52 | | 16 (2) assigned to a community transition program; or |
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53 | 53 | | 17 (3) discharged from the department. |
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54 | 54 | | 2023 IN 1359—LS 6382/DI 139 2 |
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55 | 55 | | 1 (c) The department shall provide a committed offender with a |
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56 | 56 | | 2 sixty (60) day supply of the medication prescribed to the committed |
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57 | 57 | | 3 offender less remaining medication provided by the department to |
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58 | 58 | | 4 the committed offender during the committed offender's period of |
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59 | 59 | | 5 incarceration when the committed offender is released on parole, |
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60 | 60 | | 6 assigned to a community transition program, or discharged from |
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61 | 61 | | 7 the department, and the committed offender: |
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62 | 62 | | 8 (1) was under twenty-four (24) hour supervision while at the |
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63 | 63 | | 9 department; or |
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64 | 64 | | 10 (2) is being released to a residential treatment facility. |
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65 | 65 | | 11 (d) The department shall provide a committed offender with a |
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66 | 66 | | 12 discharge summary that details the medication provided by the |
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67 | 67 | | 13 department to the committed offender during the committed |
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68 | 68 | | 14 offender's period of incarceration when the committed offender is: |
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69 | 69 | | 15 (1) released on parole; |
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70 | 70 | | 16 (2) assigned to a community transition program; or |
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71 | 71 | | 17 (3) discharged from the department. |
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72 | 72 | | 18 SECTION 2. IC 11-10-12-7 IS ADDED TO THE INDIANA CODE |
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73 | 73 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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74 | 74 | | 20 1, 2023]: Sec. 7. (a) The department shall assist a committed |
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75 | 75 | | 21 offender with obtaining the following documentation prior to the |
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76 | 76 | | 22 committed offender's release on parole, assignment to a |
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77 | 77 | | 23 community transition program, or discharge from the department |
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78 | 78 | | 24 if the committed offender qualifies to receive the documentation |
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79 | 79 | | 25 and does not already possess the documentation: |
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80 | 80 | | 26 (1) A Social Security card issued for the committed offender |
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81 | 81 | | 27 by the United States Social Security Administration. |
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82 | 82 | | 28 (2) The committed offender's birth certificate. |
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83 | 83 | | 29 (3) Any other documentation necessary to obtain a credential |
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84 | 84 | | 30 from the bureau of motor vehicles. |
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85 | 85 | | 31 (b) The department shall provide assistance described in |
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86 | 86 | | 32 subsection (a) in sufficient time to ensure that the committed |
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87 | 87 | | 33 offender will be able to obtain the documentation listed in |
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88 | 88 | | 34 subsection (a)(1) through (a)(3) at the time the committed offender |
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89 | 89 | | 35 is: |
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90 | 90 | | 36 (1) released on parole; |
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91 | 91 | | 37 (2) assigned to a community transition program; or |
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92 | 92 | | 38 (3) discharged from the department. |
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93 | 93 | | 39 SECTION 3. IC 11-10-12-8 IS ADDED TO THE INDIANA CODE |
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94 | 94 | | 40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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95 | 95 | | 41 1, 2023]: Sec. 8. (a) The department shall assist a committed |
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96 | 96 | | 42 offender with obtaining a credential from the bureau of motor |
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97 | 97 | | 2023 IN 1359—LS 6382/DI 139 3 |
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98 | 98 | | 1 vehicles prior to the committed offender's: |
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99 | 99 | | 2 (1) release on parole; |
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100 | 100 | | 3 (2) assignment to a community transition program; or |
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101 | 101 | | 4 (3) discharge from the department. |
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102 | 102 | | 5 (b) The department shall provide assistance described in |
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103 | 103 | | 6 subsection (a) in sufficient time to ensure that the committed |
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104 | 104 | | 7 offender will be able to obtain a credential from the bureau of |
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105 | 105 | | 8 motor vehicles prior to the time the committed offender is: |
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106 | 106 | | 9 (1) released on parole; |
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107 | 107 | | 10 (2) assigned to a community transition program; or |
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108 | 108 | | 11 (3) discharged from the department. |
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109 | 109 | | 12 SECTION 4. IC 12-15-5-1, AS AMENDED BY P.L.180-2022(ss), |
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110 | 110 | | 13 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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111 | 111 | | 14 JULY 1, 2023]: Sec. 1. (a) Except as provided in IC 12-15-2-12, |
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112 | 112 | | 15 IC 12-15-6, and IC 12-15-21, the following services and supplies are |
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113 | 113 | | 16 provided under Medicaid: |
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114 | 114 | | 17 (1) Inpatient hospital services. |
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115 | 115 | | 18 (2) Nursing facility services. |
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116 | 116 | | 19 (3) Physician's services, including services provided under |
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117 | 117 | | 20 IC 25-10-1 and IC 25-22.5-1. |
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118 | 118 | | 21 (4) Outpatient hospital or clinic services. |
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119 | 119 | | 22 (5) Home health care services. |
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120 | 120 | | 23 (6) Private duty nursing services. |
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121 | 121 | | 24 (7) Physical therapy and related services. |
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122 | 122 | | 25 (8) Dental services. |
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123 | 123 | | 26 (9) Prescribed laboratory and x-ray services. |
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124 | 124 | | 27 (10) Prescribed drugs and pharmacist services, including |
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125 | 125 | | 28 prescriptions provided under IC 11-10-12-5.5. |
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126 | 126 | | 29 (11) Eyeglasses and prosthetic devices. |
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127 | 127 | | 30 (12) Optometric services. |
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128 | 128 | | 31 (13) Diagnostic, screening, preventive, and rehabilitative services. |
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129 | 129 | | 32 (14) Podiatric medicine services. |
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130 | 130 | | 33 (15) Hospice services. |
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131 | 131 | | 34 (16) Services or supplies recognized under Indiana law and |
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132 | 132 | | 35 specified under rules adopted by the office. |
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133 | 133 | | 36 (17) Family planning services except the performance of |
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134 | 134 | | 37 abortions. |
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135 | 135 | | 38 (18) Nonmedical nursing care given in accordance with the tenets |
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136 | 136 | | 39 and practices of a recognized church or religious denomination to |
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137 | 137 | | 40 an individual qualified for Medicaid who depends upon healing |
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138 | 138 | | 41 by prayer and spiritual means alone in accordance with the tenets |
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139 | 139 | | 42 and practices of the individual's church or religious denomination. |
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140 | 140 | | 2023 IN 1359—LS 6382/DI 139 4 |
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141 | 141 | | 1 (19) Services provided to individuals described in IC 12-15-2-8. |
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142 | 142 | | 2 (20) Services provided under IC 12-15-34 and IC 12-15-32. |
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143 | 143 | | 3 (21) Case management services provided to individuals described |
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144 | 144 | | 4 in IC 12-15-2-13. |
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145 | 145 | | 5 (22) Any other type of remedial care recognized under Indiana |
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146 | 146 | | 6 law and specified by the United States Secretary of Health and |
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147 | 147 | | 7 Human Services. |
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148 | 148 | | 8 (23) Examinations required under IC 16-41-17-2(a)(10). |
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149 | 149 | | 9 (24) Inpatient substance abuse detoxification services. |
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150 | 150 | | 10 (25) Chronic pain management. |
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151 | 151 | | 11 (26) Donated breast milk that meets requirements developed by |
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152 | 152 | | 12 the office of Medicaid policy and planning. |
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153 | 153 | | 13 (b) The office shall do the following: |
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154 | 154 | | 14 (1) Apply to the United States Department of Health and Human |
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155 | 155 | | 15 Services for any state plan amendment or waiver necessary to |
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156 | 156 | | 16 implement the services or supplies described in subsection |
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157 | 157 | | 17 (a)(26). |
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158 | 158 | | 18 (2) Develop requirements for donated breast milk as described in |
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159 | 159 | | 19 subsection (a)(26). |
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160 | 160 | | 20 (3) As soon as practicable, but not later than January 1, 2023, the |
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161 | 161 | | 21 office shall: |
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162 | 162 | | 22 (A) seek any necessary approval from the United States |
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163 | 163 | | 23 Department of Health and Human Services; and |
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164 | 164 | | 24 (B) adopt any written policies, procedures, or regulations |
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165 | 165 | | 25 determined necessary; |
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166 | 166 | | 26 to provide reimbursement for long-acting reversible |
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167 | 167 | | 27 contraception. This subdivision expires June 30, 2023. |
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168 | 168 | | 2023 IN 1359—LS 6382/DI 139 |
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