*EH1426.1*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1426
_____
DIGEST OF HB 1426 (Updated February 21, 2024 11:07 am - DI 140)
Citations Affected: IC 12-15.
Synopsis: Long acting reversible contraceptives. Requires a hospital
that operates a maternity unit to ensure that a woman who is: (1) giving
birth in the hospital; and (2) eligible for or receiving Medicaid
assistance; has the option, if not medically contraindicated, of having
a long acting reversible subdermal contraceptive implanted after
delivery and before the woman is discharged. Allows a hospital to be
exempt from the requirement if the hospital has a faith based objection.
Requires the office of the secretary of family and social services to
reimburse the hospital for the following provided to a Medicaid
recipient: (1) A long acting reversible subdermal contraceptive,
including the cost of stocking the long acting reversible subdermal
contraceptive. (2) Placement of the long acting reversible subdermal
contraceptive. Provides that the reimbursement must be separate from,
and in addition to, the reimbursement for maternity services for the
Medicaid recipient.
Effective: July 1, 2025.
Fleming, Ledbetter, Bauer M, King
(SENATE SPONSOR — GLICK)
January 16, 2024, read first time and referred to Committee on Public Health.
January 30, 2024, amended, reported — Do Pass.
February 1, 2024, read second time, amended, ordered engrossed.
February 2, 2024, engrossed.
February 5, 2024, read third time, passed. Yeas 94, nays 4.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Health and Provider
Services.
February 22, 2024, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1426—LS 7052/DI 147 February 23, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1426
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 12-15-47-3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), a hospital
4 that is licensed under IC 16-21 and operates a maternity unit shall
5 ensure that a woman who is:
6 (1) giving birth in the hospital; and
7 (2) either:
8 (A) a Medicaid recipient; or
9 (B) eligible for Medicaid;
10 has the option, if not medically contraindicated, of having a long
11 acting reversible subdermal contraceptive implanted after delivery
12 and before the woman is discharged.
13 (b) A hospital is exempt from the requirement in subsection (a)
14 if the hospital notifies the Indiana department of health in writing
15 that the hospital has a faith based objection to the requirement.
16 SECTION 2. IC 12-15-47-4 IS ADDED TO THE INDIANA CODE
17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
EH 1426—LS 7052/DI 147 2
1 1, 2025]: Sec. 4. (a) The office of the secretary shall reimburse a
2 hospital described in section 3 of this chapter for the following
3 provided to a Medicaid recipient:
4 (1) A long acting reversible subdermal contraceptive,
5 including the cost of stocking the long acting reversible
6 subdermal contraceptive.
7 (2) Placement of the long acting reversible subdermal
8 contraceptive.
9 (b) The reimbursement required under subsection (a)(1) and
10 (a)(2) must be separate from, and in addition to, the
11 reimbursement for maternity services for the Medicaid recipient.
12 (c) Before September 1, 2025, the office of the secretary shall
13 apply to the United States Department of Health and Human
14 Services for a state plan amendment or waiver necessary to
15 implement and administer this section.
EH 1426—LS 7052/DI 147 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1426, 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:
Page 1, delete lines 1 through 13, begin a new paragraph and insert:
"SECTION 1. IC 12-15-47-3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 3. (a) Except as provided in subsection (b), a hospital
that is licensed under IC 16-21 and operates a maternity unit shall
ensure that a woman who:
(1) is giving birth in the hospital;
(2) has not received prenatal care; and
(3) is eligible for Medicaid;
has the option, if not medically contraindicated, of having a long
acting reversible subdermal contraceptive implanted after delivery
and before the woman is discharged.
(b) A hospital is exempt from the requirement in subsection (a)
if the hospital notifies the Indiana department of health in writing
that the hospital has a faith based objection to the requirement.".
Page 2, line 2, after "reversible" insert "subdermal".
Page 2, line 3, after "reversible" insert "subdermal".
Page 2, line 4, delete "Insertion or placement" and insert
"Placement".
Page 2, line 4, after "reversible" insert "subdermal".
Page 2, delete lines 6 through 12, begin a new paragraph and insert:
"(b) The reimbursement required under subsection (a)(1) and
(a)(2) must be separate from, and in addition to, the
reimbursement for maternity services for the Medicaid recipient.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1426 as introduced.)
BARRETT
Committee Vote: yeas 10, nays 0.
EH 1426—LS 7052/DI 147 4
HOUSE MOTION
Mr. Speaker: I move that House Bill 1426 be amended to read as
follows:
Page 1, line 5, delete "who:" and insert "who is:".
Page 1, line 6, delete "is".
Page 1, line 6, after "hospital;" insert "and".
Page 1, delete lines 7 through 8, begin a new line block indented
and insert:
"(2) either:
(A) a Medicaid recipient; or
(B) eligible for Medicaid;".
(Reference is to HB 1426 as printed January 30, 2024.)
KING
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1426, 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 and be
reassigned to the Senate Committee on Appropriations.
(Reference is to HB 1426 as reprinted February 2, 2024.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 8, Nays 2
EH 1426—LS 7052/DI 147