Indiana 2023 Regular Session

Indiana Senate Bill SB0376 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	SB0376.2
2		-	February 24, 2023
	1	+	SB0376.1
	2	+	February 7, 2023
3	3		SENATE BILL No. 376
4	4		_____
5		-	DIGEST OF SB 376 (Updated February 23, 2023 11:31 am - DI ~~140~~)
	5	+	DIGEST OF SB 376 (Updated February 6, 2023 11:27 am - DI 119)
6	6		Citations Affected: IC 12-15; IC 12-17.6; IC 12-32.
7	7		Synopsis: Lawfully residing immigrants and eligibility. Provides
8	8		Medicaid eligibility for certain individuals who have immigrated and
9	9		are lawfully residing in the United States and meet other Medicaid
10	10		eligibility requirements. Specifies eligibility for the children's health
11	11		insurance program (CHIP) for lawfully residing individuals who are
12	12		less than 19 years of age. Provides that an agency or political
13	13		subdivision is not required to verify citizenship or immigration status
14	14		of an individual for purposes of the individual's eligibility for benefits
15	15		under the Richard B. Russell National School Lunch Act or the Child
16	16		Nutrition Act of 1966, including the special supplemental food
17	17		program for women, infants, and children.
18	18		Effective: July 1, 2023.
19		-	Donato, Breaux, Ford J.D., Hunley,
20		-	Niezgodski, Qaddoura
	19	+	Donato, Breaux, Ford J.D.
21	20		January 19, 2023, read first time and referred to Committee on Family and Children
22	21		Services.
23	22		February 6, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
24	23		Appropriations.
25		-	February 23, 2023, reported favorably — Do Pass.
26		-	SB 376—LS 6808/DI 147 February 24, 2023
	24	+	SB 376—LS 6808/DI 147 February 7, 2023
27	25		First Regular Session of the 123rd General Assembly (2023)
28	26		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	27		Constitution) is being amended, the text of the existing provision will appear in this style type,
30	28		additions will appear in this style type, and deletions will appear in this style type.
31	29		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	30		provision adopted), the text of the new provision will appear in this style type. Also, the
33	31		word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	32		a new provision to the Indiana Code or the Indiana Constitution.
35	33		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	34		between statutes enacted by the 2022 Regular Session of the General Assembly.
37	35		SENATE BILL No. 376
38	36		A BILL FOR AN ACT to amend the Indiana Code concerning
39	37		human services.
40	38		Be it enacted by the General Assembly of the State of Indiana:
41	39		1 SECTION 1. IC 12-15-2.5-4.5 IS ADDED TO THE INDIANA
42	40		2 CODE AS A NEW SECTION TO READ AS FOLLOWS
43	41		3 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) This section applies to the
44	42		4 following individuals who are lawfully residing in the United States
45	43		5 as set forth in 42 U.S.C. 1396b(v)(4):
46	44		6 (1) A pregnant individual during:
47	45		7 (A) the pregnancy; and
48	46		8 (B) the maximum amount allowable under federal law that
49	47		9 does not exceed the twelve (12) month period beginning on
50	48		10 the last day of the pregnancy.
51	49		11 (2) An individual who is less than twenty-one (21) years of
52	50		12 age.
53	51		13 (b) An individual described in subsection (a) who:
54	52		14 (1) meets any other requirement under federal law; and
55	53		15 (2) is otherwise eligible for Medicaid under this article;
56	54		16 is entitled to receive assistance under this article without a waiting
57	55		17 period as allowed under 42 U.S.C. 1396b(v).
58	56		SB 376—LS 6808/DI 147 2
59	57		1 (c) The office of the secretary shall apply for any Medicaid state
60	58		2 plan amendment or waiver necessary to implement this section.
61	59		3 SECTION 2. IC 12-17.6-3-2.4 IS ADDED TO THE INDIANA
62	60		4 CODE AS A NEW SECTION TO READ AS FOLLOWS
63	61		5 [EFFECTIVE JULY 1, 2023]: Sec. 2.4. (a) An individual who:
64	62		6 (1) is less than nineteen (19) years of age;
65	63		7 (2) is lawfully residing in the United States, as set forth in 42
66	64		8 U.S.C. 1396b(v)(4);
67	65		9 (3) is otherwise eligible for the program under this article;
68	66		10 and
69	67		11 (4) meets any other requirement under federal law;
70	68		12 is entitled to receive assistance under this article without a waiting
71	69		13 period as allowed under 42 U.S.C. 1397gg(e)(1).
72	70		14 (b) The office of the secretary shall apply for any amendment to
73	71		15 the state's children health insurance plan or waiver necessary to
74	72		16 implement this section.
75	73		17 SECTION 3. IC 12-32-1-5, AS AMENDED BY P.L.180-2013,
76	74		18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
77	75		19 JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other provision of law
78	76		20 and except as otherwise provided under federal law and subsections
79	77		21 (b), (d), and (e), and (f), an agency or a political subdivision shall
80	78		22 verify, in the manner required under section 6 of this chapter, the
81	79		23 eligibility of any individual who:
82	80		24 (1) is at least eighteen (18) years of age; and
83	81		25 (2) applies for state or local public benefits or federal public
84	82		26 benefits that are provided by the agency or the political
85	83		27 subdivision.
86	84		28 (b) A health care provider (as defined in IC 16-18-2-163(a)) is not
87	85		29 required to verify the eligibility of an individual as required under
88	86		30 subsection (a) if the health care provider is providing health care
89	87		31 services for the treatment of an emergency medical condition (as
90	88		32 defined in 42 U.S.C. 1396b(v)(3)).
91	89		33 (c) With regard to a state or local public benefit or a federal public
92	90		34 benefit that covers health care services, a health care provider (as
93	91		35 defined in IC 16-18-2-163) satisfies the requirements of this chapter if
94	92		36 the health care provider complies with the eligibility verification
95	93		37 policies and procedures for providing the benefit that is established by
96	94		38 the:
97	95		39 (1) office of the secretary of family and social services; or
98	96		40 (2) federal Department of Health and Human Services.
99	97		41 (d) A state educational institution is not required to verify the
100	98		42 eligibility of an individual as required under subsection (a) if all the
101	99		SB 376—LS 6808/DI 147 3
102	100		1 following apply:
103	101		2 (1) The individual is eligible to pay the resident tuition rate of the
104	102		3 state educational institution.
105	103		4 (2) The individual is not applying for any state or local public
106	104		5 benefit or federal public benefit other than the resident tuition rate
107	105		6 that:
108	106		7 (A) is provided by the state educational institution; and
109	107		8 (B) would require verification under this chapter.
110	108		9 (3) The individual was enrolled in a state educational institution
111	109		10 on or before July 1, 2011.
112	110		11 (e) An agency or a political subdivision is not required to verify the
113	111		12 eligibility of an individual as required under subsection (a) if all the
114	112		13 following apply:
115	113		14 (1) The individual is applying for a scholarship, a grant, or
116	114		15 financial aid for postsecondary education.
117	115		16 (2) The individual is not applying for any state or local public
118	116		17 benefit or federal public benefit other than the benefit described
119	117		18 in subdivision (1) that:
120	118		19 (A) is provided by the agency or political subdivision; and
121	119		20 (B) would require verification under this chapter.
122	120		21 (3) The individual is:
123	121		22 (A) an international student with bona fide legal status; and
124	122		23 (B) enrolled in a state educational institution.
125	123		24 (f) An agency or a political subdivision is not required under
126	124		25 subsection (a) to verify the eligibility of an individual for benefits
127	125		26 under programs described in 8 U.S.C. 1615(b)(2)(A), including the
128	126		27 special supplemental food program for women, infants, and
129	127		28 children administered by the Indiana department of health.
130	128		SB 376—LS 6808/DI 147 4
131	129		COMMITTEE REPORT
132	130		Madam President: The Senate Committee on Family and Children
133	131		Services, to which was referred Senate Bill No. 376, has had the same
134	132		under consideration and begs leave to report the same back to the
135	133		Senate with the recommendation that said bill be AMENDED as
136	134		follows:
137	135		Page 2, after line 16, begin a new paragraph and insert:
138	136		"SECTION 3. IC 12-32-1-5, AS AMENDED BY P.L.180-2013,
139	137		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
140	138		JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other provision of law
141	139		and except as otherwise provided under federal law and subsections
142	140		(b), (d), and (e), and (f), an agency or a political subdivision shall
143	141		verify, in the manner required under section 6 of this chapter, the
144	142		eligibility of any individual who:
145	143		(1) is at least eighteen (18) years of age; and
146	144		(2) applies for state or local public benefits or federal public
147	145		benefits that are provided by the agency or the political
148	146		subdivision.
149	147		(b) A health care provider (as defined in IC 16-18-2-163(a)) is not
150	148		required to verify the eligibility of an individual as required under
151	149		subsection (a) if the health care provider is providing health care
152	150		services for the treatment of an emergency medical condition (as
153	151		defined in 42 U.S.C. 1396b(v)(3)).
154	152		(c) With regard to a state or local public benefit or a federal public
155	153		benefit that covers health care services, a health care provider (as
156	154		defined in IC 16-18-2-163) satisfies the requirements of this chapter if
157	155		the health care provider complies with the eligibility verification
158	156		policies and procedures for providing the benefit that is established by
159	157		the:
160	158		(1) office of the secretary of family and social services; or
161	159		(2) federal Department of Health and Human Services.
162	160		(d) A state educational institution is not required to verify the
163	161		eligibility of an individual as required under subsection (a) if all the
164	162		following apply:
165	163		(1) The individual is eligible to pay the resident tuition rate of the
166	164		state educational institution.
167	165		(2) The individual is not applying for any state or local public
168	166		benefit or federal public benefit other than the resident tuition rate
169	167		that:
170	168		(A) is provided by the state educational institution; and
171	169		(B) would require verification under this chapter.
172	170		SB 376—LS 6808/DI 147 5
173	171		(3) The individual was enrolled in a state educational institution
174	172		on or before July 1, 2011.
175	173		(e) An agency or a political subdivision is not required to verify the
176	174		eligibility of an individual as required under subsection (a) if all the
177	175		following apply:
178	176		(1) The individual is applying for a scholarship, a grant, or
179	177		financial aid for postsecondary education.
180	178		(2) The individual is not applying for any state or local public
181	179		benefit or federal public benefit other than the benefit described
182	180		in subdivision (1) that:
183	181		(A) is provided by the agency or political subdivision; and
184	182		(B) would require verification under this chapter.
185	183		(3) The individual is:
186	184		(A) an international student with bona fide legal status; and
187	185		(B) enrolled in a state educational institution.
188	186		(f) An agency or a political subdivision is not required under
189	187		subsection (a) to verify the eligibility of an individual for benefits
190	188		under programs described in 8 U.S.C. 1615(b)(2)(A), including the
191	189		special supplemental food program for women, infants, and
192	190		children administered by the Indiana department of health.".
193	191		Renumber all SECTIONS consecutively.
194	192		and when so amended that said bill do pass and be reassigned to the
195	193		Senate Committee on Appropriations.
196	194		(Reference is to SB 376 as introduced.)
197	195		WALKER G, Chairperson
198	196		Committee Vote: Yeas 7, Nays 0.
199		-	_____
200		-	COMMITTEE REPORT
201		-	Madam President: The Senate Committee on Appropriations, to
202		-	which was referred Senate Bill No. 376, has had the same under
203		-	consideration and begs leave to report the same back to the Senate with
204		-	the recommendation that said bill DO PASS.
205		-	(Reference is to SB 376 as printed February 7, 2023.)
206		-
207		-	MISHLER, Chairperson
208		-	Committee Vote: Yeas 12, Nays 0
209	197		SB 376—LS 6808/DI 147