*SB0376.2*
February 24, 2023
SENATE BILL No. 376
_____
DIGEST OF SB 376 (Updated February 23, 2023 11:31 am - DI 140)
Citations Affected: IC 12-15; IC 12-17.6; IC 12-32.
Synopsis: Lawfully residing immigrants and eligibility. Provides
Medicaid eligibility for certain individuals who have immigrated and
are lawfully residing in the United States and meet other Medicaid
eligibility requirements. Specifies eligibility for the children's health
insurance program (CHIP) for lawfully residing individuals who are
less than 19 years of age. Provides that an agency or political
subdivision is not required to verify citizenship or immigration status
of an individual for purposes of the individual's eligibility for benefits
under the Richard B. Russell National School Lunch Act or the Child
Nutrition Act of 1966, including the special supplemental food
program for women, infants, and children.
Effective: July 1, 2023.
Donato, Breaux, Ford J.D., Hunley,
Niezgodski, Qaddoura
January 19, 2023, read first time and referred to Committee on Family and Children
Services.
February 6, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 23, 2023, reported favorably — Do Pass.
SB 376—LS 6808/DI 147 February 24, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 376
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-15-2.5-4.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) This section applies to the
4 following individuals who are lawfully residing in the United States
5 as set forth in 42 U.S.C. 1396b(v)(4):
6 (1) A pregnant individual during:
7 (A) the pregnancy; and
8 (B) the maximum amount allowable under federal law that
9 does not exceed the twelve (12) month period beginning on
10 the last day of the pregnancy.
11 (2) An individual who is less than twenty-one (21) years of
12 age.
13 (b) An individual described in subsection (a) who:
14 (1) meets any other requirement under federal law; and
15 (2) is otherwise eligible for Medicaid under this article;
16 is entitled to receive assistance under this article without a waiting
17 period as allowed under 42 U.S.C. 1396b(v).
SB 376—LS 6808/DI 147 2
1 (c) The office of the secretary shall apply for any Medicaid state
2 plan amendment or waiver necessary to implement this section.
3 SECTION 2. IC 12-17.6-3-2.4 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2023]: Sec. 2.4. (a) An individual who:
6 (1) is less than nineteen (19) years of age;
7 (2) is lawfully residing in the United States, as set forth in 42
8 U.S.C. 1396b(v)(4);
9 (3) is otherwise eligible for the program under this article;
10 and
11 (4) meets any other requirement under federal law;
12 is entitled to receive assistance under this article without a waiting
13 period as allowed under 42 U.S.C. 1397gg(e)(1).
14 (b) The office of the secretary shall apply for any amendment to
15 the state's children health insurance plan or waiver necessary to
16 implement this section.
17 SECTION 3. IC 12-32-1-5, AS AMENDED BY P.L.180-2013,
18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other provision of law
20 and except as otherwise provided under federal law and subsections
21 (b), (d), and (e), and (f), an agency or a political subdivision shall
22 verify, in the manner required under section 6 of this chapter, the
23 eligibility of any individual who:
24 (1) is at least eighteen (18) years of age; and
25 (2) applies for state or local public benefits or federal public
26 benefits that are provided by the agency or the political
27 subdivision.
28 (b) A health care provider (as defined in IC 16-18-2-163(a)) is not
29 required to verify the eligibility of an individual as required under
30 subsection (a) if the health care provider is providing health care
31 services for the treatment of an emergency medical condition (as
32 defined in 42 U.S.C. 1396b(v)(3)).
33 (c) With regard to a state or local public benefit or a federal public
34 benefit that covers health care services, a health care provider (as
35 defined in IC 16-18-2-163) satisfies the requirements of this chapter if
36 the health care provider complies with the eligibility verification
37 policies and procedures for providing the benefit that is established by
38 the:
39 (1) office of the secretary of family and social services; or
40 (2) federal Department of Health and Human Services.
41 (d) A state educational institution is not required to verify the
42 eligibility of an individual as required under subsection (a) if all the
SB 376—LS 6808/DI 147 3
1 following apply:
2 (1) The individual is eligible to pay the resident tuition rate of the
3 state educational institution.
4 (2) The individual is not applying for any state or local public
5 benefit or federal public benefit other than the resident tuition rate
6 that:
7 (A) is provided by the state educational institution; and
8 (B) would require verification under this chapter.
9 (3) The individual was enrolled in a state educational institution
10 on or before July 1, 2011.
11 (e) An agency or a political subdivision is not required to verify the
12 eligibility of an individual as required under subsection (a) if all the
13 following apply:
14 (1) The individual is applying for a scholarship, a grant, or
15 financial aid for postsecondary education.
16 (2) The individual is not applying for any state or local public
17 benefit or federal public benefit other than the benefit described
18 in subdivision (1) that:
19 (A) is provided by the agency or political subdivision; and
20 (B) would require verification under this chapter.
21 (3) The individual is:
22 (A) an international student with bona fide legal status; and
23 (B) enrolled in a state educational institution.
24 (f) An agency or a political subdivision is not required under
25 subsection (a) to verify the eligibility of an individual for benefits
26 under programs described in 8 U.S.C. 1615(b)(2)(A), including the
27 special supplemental food program for women, infants, and
28 children administered by the Indiana department of health.
SB 376—LS 6808/DI 147 4
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 376, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, after line 16, begin a new paragraph and insert:
"SECTION 3. IC 12-32-1-5, AS AMENDED BY P.L.180-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. (a) Notwithstanding any other provision of law
and except as otherwise provided under federal law and subsections
(b), (d), and (e), and (f), an agency or a political subdivision shall
verify, in the manner required under section 6 of this chapter, the
eligibility of any individual who:
(1) is at least eighteen (18) years of age; and
(2) applies for state or local public benefits or federal public
benefits that are provided by the agency or the political
subdivision.
(b) A health care provider (as defined in IC 16-18-2-163(a)) is not
required to verify the eligibility of an individual as required under
subsection (a) if the health care provider is providing health care
services for the treatment of an emergency medical condition (as
defined in 42 U.S.C. 1396b(v)(3)).
(c) With regard to a state or local public benefit or a federal public
benefit that covers health care services, a health care provider (as
defined in IC 16-18-2-163) satisfies the requirements of this chapter if
the health care provider complies with the eligibility verification
policies and procedures for providing the benefit that is established by
the:
(1) office of the secretary of family and social services; or
(2) federal Department of Health and Human Services.
(d) A state educational institution is not required to verify the
eligibility of an individual as required under subsection (a) if all the
following apply:
(1) The individual is eligible to pay the resident tuition rate of the
state educational institution.
(2) The individual is not applying for any state or local public
benefit or federal public benefit other than the resident tuition rate
that:
(A) is provided by the state educational institution; and
(B) would require verification under this chapter.
SB 376—LS 6808/DI 147 5
(3) The individual was enrolled in a state educational institution
on or before July 1, 2011.
(e) An agency or a political subdivision is not required to verify the
eligibility of an individual as required under subsection (a) if all the
following apply:
(1) The individual is applying for a scholarship, a grant, or
financial aid for postsecondary education.
(2) The individual is not applying for any state or local public
benefit or federal public benefit other than the benefit described
in subdivision (1) that:
(A) is provided by the agency or political subdivision; and
(B) would require verification under this chapter.
(3) The individual is:
(A) an international student with bona fide legal status; and
(B) enrolled in a state educational institution.
(f) An agency or a political subdivision is not required under
subsection (a) to verify the eligibility of an individual for benefits
under programs described in 8 U.S.C. 1615(b)(2)(A), including the
special supplemental food program for women, infants, and
children administered by the Indiana department of health.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 376 as introduced.)
WALKER G, Chairperson
Committee Vote: Yeas 7, Nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 376, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to SB 376 as printed February 7, 2023.)
MISHLER, Chairperson
Committee Vote: Yeas 12, Nays 0
SB 376—LS 6808/DI 147