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