Indiana 2024 Regular Session

Indiana House Bill HB1426 Compare Versions

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1+*EH1426.2*
2+March 1, 2024
3+ENGROSSED
4+HOUSE BILL No. 1426
5+_____
6+DIGEST OF HB 1426 (Updated February 29, 2024 12:44 pm - DI 120)
7+Citations Affected: IC 12-15.
8+Synopsis: Long acting reversible contraceptives. Requires a hospital
9+that operates a maternity unit to ensure that a woman who is: (1) giving
10+birth in the hospital; and (2) eligible for or receiving Medicaid
11+assistance; has the option, if not medically contraindicated, of having
12+a long acting reversible subdermal contraceptive implanted after
13+delivery and before the woman is discharged. Allows a hospital to be
14+(Continued next page)
15+Effective: July 1, 2024.
16+Fleming, Ledbetter, Bauer M, King
17+(SENATE SPONSOR — GLICK)
18+January 16, 2024, read first time and referred to Committee on Public Health.
19+January 30, 2024, amended, reported — Do Pass.
20+February 1, 2024, read second time, amended, ordered engrossed.
21+February 2, 2024, engrossed.
22+February 5, 2024, read third time, passed. Yeas 94, nays 4.
23+SENATE ACTION
24+February 12, 2024, read first time and referred to Committee on Health and Provider
25+Services.
26+February 22, 2024, reported favorably — Do Pass; reassigned to Committee on
27+Appropriations.
28+February 29, 2024, amended, reported favorably — Do Pass.
29+EH 1426—LS 7052/DI 147 Digest Continued
30+exempt from the requirement if the hospital has a faith based objection.
31+Requires the office of the secretary of family and social services to
32+reimburse the hospital for the following provided to a Medicaid
33+recipient: (1) A long acting reversible subdermal contraceptive,
34+including the cost of stocking the long acting reversible subdermal
35+contraceptive. (2) Placement of the long acting reversible subdermal
36+contraceptive. Provides that the reimbursement must be separate from,
37+and in addition to, the reimbursement for maternity services for the
38+Medicaid recipient. Sunsets the provisions being added in the bill on
39+June 30, 2025. Requires the office of the secretary of family and social
40+services to develop a billing process that maximizes federal funding for
41+purposes of the long acting reversible contraceptives reimbursement for
42+a Medicaid recipient.
43+EH 1426—LS 7052/DI 147EH 1426—LS 7052/DI 147 March 1, 2024
144 Second Regular Session of the 123rd General Assembly (2024)
245 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
346 Constitution) is being amended, the text of the existing provision will appear in this style type,
447 additions will appear in this style type, and deletions will appear in this style type.
548 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
649 provision adopted), the text of the new provision will appear in this style type. Also, the
750 word NEW will appear in that style type in the introductory clause of each SECTION that adds
851 a new provision to the Indiana Code or the Indiana Constitution.
952 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1053 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1426
12-AN ACT to amend the Indiana Code concerning human services.
54+ENGROSSED
55+HOUSE BILL No. 1426
56+A BILL FOR AN ACT to amend the Indiana Code concerning
57+human services.
1358 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 12-15-47-3 IS ADDED TO THE INDIANA CODE
59+1 SECTION 1. IC 12-15-47-3 IS ADDED TO THE INDIANA CODE
60+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
61+3 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), a hospital
62+4 that is licensed under IC 16-21 and operates a maternity unit shall
63+5 ensure that a woman who is:
64+6 (1) giving birth in the hospital; and
65+7 (2) either:
66+8 (A) a Medicaid recipient; or
67+9 (B) eligible for Medicaid;
68+10 has the option, if not medically contraindicated, of having a long
69+11 acting reversible subdermal contraceptive implanted after delivery
70+12 and before the woman is discharged.
71+13 (b) A hospital is exempt from the requirement in subsection (a)
72+14 if the hospital notifies the Indiana department of health in writing
73+15 that the hospital has a faith based objection to the requirement.
74+16 (c) This section expires June 30, 2025.
75+17 SECTION 2. IC 12-15-47-4 IS ADDED TO THE INDIANA CODE
76+EH 1426—LS 7052/DI 147 2
77+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
78+2 1, 2024]: Sec. 4. (a) The office of the secretary shall reimburse a
79+3 hospital described in section 3 of this chapter for the following
80+4 provided to a Medicaid recipient:
81+5 (1) A long acting reversible subdermal contraceptive,
82+6 including the cost of stocking the long acting reversible
83+7 subdermal contraceptive.
84+8 (2) Placement of the long acting reversible subdermal
85+9 contraceptive.
86+10 (b) The reimbursement required under subsection (a)(1) and
87+11 (a)(2) must be separate from, and in addition to, the
88+12 reimbursement for maternity services for the Medicaid recipient.
89+13 (c) Before September 1, 2024, the office of the secretary shall
90+14 apply to the United States Department of Health and Human
91+15 Services for a state plan amendment or waiver necessary to
92+16 implement and administer this section.
93+17 (d) The office of the secretary shall develop a billing process that
94+18 maximizes federal funding for purposes of this section.
95+19 (e) This section expires June 30, 2025.
96+EH 1426—LS 7052/DI 147 3
97+COMMITTEE REPORT
98+Mr. Speaker: Your Committee on Public Health, to which was
99+referred House Bill 1426, has had the same under consideration and
100+begs leave to report the same back to the House with the
101+recommendation that said bill be amended as follows:
102+Page 1, delete lines 1 through 13, begin a new paragraph and insert:
103+"SECTION 1. IC 12-15-47-3 IS ADDED TO THE INDIANA CODE
15104 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2024]: Sec. 3. (a) Except as provided in subsection (b), a hospital
105+1, 2025]: Sec. 3. (a) Except as provided in subsection (b), a hospital
17106 that is licensed under IC 16-21 and operates a maternity unit shall
18-ensure that a woman who is:
19-(1) giving birth in the hospital; and
20-(2) either:
21-(A) a Medicaid recipient; or
22-(B) eligible for Medicaid;
107+ensure that a woman who:
108+(1) is giving birth in the hospital;
109+(2) has not received prenatal care; and
110+(3) is eligible for Medicaid;
23111 has the option, if not medically contraindicated, of having a long
24112 acting reversible subdermal contraceptive implanted after delivery
25113 and before the woman is discharged.
26114 (b) A hospital is exempt from the requirement in subsection (a)
27115 if the hospital notifies the Indiana department of health in writing
28-that the hospital has a faith based objection to the requirement.
29-(c) This section expires June 30, 2025.
30-SECTION 2. IC 12-15-47-4 IS ADDED TO THE INDIANA CODE
31-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
32-1, 2024]: Sec. 4. (a) The office of the secretary shall reimburse a
33-hospital described in section 3 of this chapter for the following
34-provided to a Medicaid recipient:
35-(1) A long acting reversible subdermal contraceptive,
36-HEA 1426 — Concur 2
37-including the cost of stocking the long acting reversible
38-subdermal contraceptive.
39-(2) Placement of the long acting reversible subdermal
40-contraceptive.
41-(b) The reimbursement required under subsection (a)(1) and
116+that the hospital has a faith based objection to the requirement.".
117+Page 2, line 2, after "reversible" insert "subdermal".
118+Page 2, line 3, after "reversible" insert "subdermal".
119+Page 2, line 4, delete "Insertion or placement" and insert
120+"Placement".
121+Page 2, line 4, after "reversible" insert "subdermal".
122+Page 2, delete lines 6 through 12, begin a new paragraph and insert:
123+"(b) The reimbursement required under subsection (a)(1) and
42124 (a)(2) must be separate from, and in addition to, the
43-reimbursement for maternity services for the Medicaid recipient.
44-(c) Before September 1, 2024, the office of the secretary shall
45-apply to the United States Department of Health and Human
46-Services for a state plan amendment or waiver necessary to
47-implement and administer this section.
48-(d) The office of the secretary shall develop a billing process that
49-maximizes federal funding for purposes of this section.
50-(e) This section expires June 30, 2025.
51-HEA 1426 — Concur Speaker of the House of Representatives
52-President of the Senate
53-President Pro Tempore
54-Governor of the State of Indiana
55-Date: Time:
56-HEA 1426 — Concur
125+reimbursement for maternity services for the Medicaid recipient.".
126+Renumber all SECTIONS consecutively.
127+and when so amended that said bill do pass.
128+(Reference is to HB 1426 as introduced.)
129+BARRETT
130+Committee Vote: yeas 10, nays 0.
131+EH 1426—LS 7052/DI 147 4
132+HOUSE MOTION
133+Mr. Speaker: I move that House Bill 1426 be amended to read as
134+follows:
135+Page 1, line 5, delete "who:" and insert "who is:".
136+Page 1, line 6, delete "is".
137+Page 1, line 6, after "hospital;" insert "and".
138+Page 1, delete lines 7 through 8, begin a new line block indented
139+and insert:
140+"(2) either:
141+(A) a Medicaid recipient; or
142+(B) eligible for Medicaid;".
143+(Reference is to HB 1426 as printed January 30, 2024.)
144+KING
145+_____
146+COMMITTEE REPORT
147+Madam President: The Senate Committee on Health and Provider
148+Services, to which was referred House Bill No. 1426, has had the same
149+under consideration and begs leave to report the same back to the
150+Senate with the recommendation that said bill DO PASS and be
151+reassigned to the Senate Committee on Appropriations.
152+ (Reference is to HB 1426 as reprinted February 2, 2024.)
153+CHARBONNEAU, Chairperson
154+Committee Vote: Yeas 8, Nays 2
155+_____
156+COMMITTEE REPORT
157+Madam President: The Senate Committee on Appropriations, to
158+which was referred Engrossed House Bill No. 1426, has had the same
159+under consideration and begs leave to report the same back to the
160+Senate with the recommendation that said bill be AMENDED as
161+follows:
162+Replace the effective date in SECTIONS 1 through 2 with
163+"[EFFECTIVE JULY 1, 2024]".
164+Page 1, between lines 15 and 16, begin a new paragraph and insert:
165+EH 1426—LS 7052/DI 147 5
166+"(c) This section expires June 30, 2025.".
167+Page 2, line 12, delete "2025," and insert "2024,".
168+Page 2, after line 15, begin a new paragraph and insert:
169+"(d) The office of the secretary shall develop a billing process
170+that maximizes federal funding for purposes of this section.
171+(e) This section expires June 30, 2025.".
172+and when so amended that said bill do pass.
173+(Reference is to EHB 1426 as printed February 23, 2024.)
174+MISHLER, Chairperson
175+Committee Vote: Yeas 10, Nays 3.
176+EH 1426—LS 7052/DI 147