Indiana § 16-21-10-6 Authority to assess a hospital assessment fee; use of fee; authorization
to request a waiver; amount of assessment; termination of collection of
fee; records of collections

Indiana Statutes

§ 16-21-10-6 — Authority to assess a hospital assessment fee; use of fee; authorization to request a waiver; amount of assessment; termination of collection of fee; records of collections

Indiana § 16-21-10-6

Title 16HEALTH

Art. 21HOSPITALS

Ch. 10Hospital Assessment Fee

This text of Indiana § 16-21-10-6 (Authority to assess a hospital assessment fee; use of fee; authorization to request a waiver; amount of assessment; termination of collection of fee; records of collections) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-21-10-6 (2026).

Text

(a)Subject to subsection (d) and section 8(b) of this chapter, the office may assess a hospital assessment fee to hospitals during the fee period if the following conditions are met:

(1)The fee may be used only for the purposes described in the following:

(A)Section 8(c)(1) of this chapter.

(B)Section 8.5 of this chapter.

(C)Section 9 of this chapter.

(D)Section 11 of this chapter.

(E)Section 13.3 of this chapter.

(F)Section 14 of this chapter.

(2)The funds generated from the fee do not revert to the state general fund.

(b)The office may request a waiver from the United States Department of Health and Human Services of the broad based and uniformity requirements set forth in 42 CFR 433.68 concerning the assessment under this chapter.

(c)Subject to subsection (a), the office may

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(a) Subject to subsection (d) and section 8(b)
of this chapter, the office may assess a hospital assessment fee to
hospitals during the fee period if the following conditions are met:
(1) The fee may be used only for the purposes described in the
following:
(A) Section 8(c)(1) of this chapter.
(B) Section 8.5 of this chapter.
(C) Section 9 of this chapter.
(D) Section 11 of this chapter.
(E) Section 13.3 of this chapter.
(F) Section 14 of this chapter.
(2) The funds generated from the fee do not revert to the state
general fund.
(b) The office may request a waiver from the United States
Department of Health and Human Services of the broad based and
uniformity requirements set forth in 42 CFR 433.68 concerning the
assessment under this chapter.
(c) Subject to subsection (a), the office may assess a fee in an
amount not to exceed the maximum amount permitted under federal
law:
(1) on a tiered basis among the hospitals; and
(2) based on net patient revenue, inpatient days, or another
methodology approved by the United States Department of Health
and Human Services.
(d) The office shall stop collecting a fee, the programs described in
section 8(a) of this chapter shall be reconciled and terminated subject
to section 9(c) of this chapter, and the operation of section 11 of this
chapter, subject to section 11(d) and 11(e) of this chapter, ends subject
to section 9(c) of this chapter, if any of the following occurs:
(1) An appellate court makes a final determination that either:
(A) the fee; or
(B) any of the programs described in section 8(a) of this
chapter;
cannot be implemented or maintained.
(2) The United States Department of Health and Human Services
makes a final determination that the Medicaid state plan
amendments or waivers submitted under this chapter are not
approved or cannot be validly implemented.
(3) The fee is not collected because of circumstances described in
section 8(d) of this chapter.
(e) The office shall keep records of the fees collected by the office
and report the amount of fees collected under this chapter to the budget
committee.