§ 12-32-1-5 — Verification required; exceptions; health care provider alternative

Indiana § 12-32-1-5

• Jurisdiction: Indiana
• Art. 32: RESTRICTIONS ON PUBLIC BENEFITS
• Ch. 1: Restrictions on Public Benefits to Illegal Aliens

Text

(a) Notwithstanding any other provision of law
and except as otherwise provided under federal law and subsections
(b), (d), (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.
(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.

Legislative History

As added by P.L.171-2011, SEC.13. Amended by P.L.180-2013, SEC.1; P.L.213-2023, SEC.5.