§ 12-15-1-16 — School corporations; enrollment in Medicaid program; sharing reimbursable costs; school based covered services

Indiana § 12-15-1-16

• Jurisdiction: Indiana
• Art. 15: MEDICAID
• Ch. 1: Administration

Text

(a) Each:
(1) school corporation; or
(2) school corporation's employed, licensed, or qualified provider;
must enroll in a program to use federal funds under the Medicaid
program (IC 12-15-1 et seq.) with the intent to share the costs of
services that are reimbursable under the Medicaid program and that are
provided to eligible children by the school corporation. However, a
school corporation or a school corporation's employed, licensed, or
qualified provider is not required to file any claims or participate in the
program developed under this section.
(b) The secretary and the department of education may develop
policies and adopt rules to administer the program developed under this
section.
(c) The federal reimbursement for services provided under this
section must be distributed to the school corporation. The state shall
retain the nonfederal share of the reimbursement for Medicaid services
provided under this section.
(d) The office of Medicaid policy and planning, with the approval
of the budget agency and after consultation with the department of
education, shall establish procedures for the timely distribution of
federal reimbursement due to the school corporations. The distribution
procedures may provide for offsetting reductions to distributions of
state tuition support or other state funds to school corporations in the
amount of the nonfederal reimbursements required to be retained by the
state under subsection (c).
(e) The office may apply to the United States Department of Health
and Human Services for a state plan amendment to allow school
corporations to seek Medicaid reimbursement for medically necessary,
school based Medicaid covered services that are provided under federal
or state mandates. If the state plan amendment is approved and
implemented, services may be provided by a qualified provider in a
school setting to Medicaid enrolled students. Subject to subsection (f),
the services may be pursuant to any of the following:
(1) An individualized education program (as defined in IC 20-18-2-9).
(2) A plan developed under Section 504 of the federal
Rehabilitation Act, 29 U.S.C. 794.
(3) A behavioral intervention plan (as defined in IC 20-20-40-1).
(4) A service plan developed under 511 IAC 7-34.
(5) An individualized health care plan.
The office may, in consultation with the department of education,
develop any necessary state plan amendment under this subsection. The
office may apply for any state plan amendment necessary to implement
this subsection.
(f) Services under subsection (e) may not include the following:
(1) An abortion.
(2) Counseling for abortion procedures.
(3) Referrals for abortion services.
(4) Abortifacients.
(5) Contraceptives.
(g) If the state plan amendment described in subsection (e) is
approved and implemented, the medically necessary, school based
Medicaid covered services described in subsection (e):
(1) may only be performed by a qualified provider;
(2) must be within the qualified provider's scope of practice; and
(3) must be provided in accordance with this article and
administrative rules concerning the Medicaid program.

Legislative History

As added by P.L.80-1994, SEC.1. Amended by P.L.224-2003, SEC.64; P.L.35-2016, SEC.35; P.L.108-2019, SEC.193; P.L.196-2021, SEC.1; P.L.35-2022, SEC.3.