CHAPTER 2. ASSISTANCE TO CHILDREN WITH SPECIAL HEALTH CARE NEEDS
IC 16-35-2
Chapter 2. Assistance to Children With Special Health CareNeeds
IC 16-35-2-1
Children defined
Sec. 1. As used in this chapter, "children" refers to children withspecial health care needs.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-2
Administering federal Social Security money; cooperation withfederal agencies
Sec. 2. (a) The state department shall administer the federalmoney provided for services to children under the federal SocialSecurity Act (42 U.S.C. 701 et seq.).
(b) In the administration of the money, the state department shallcooperate with the United States Department of Health and HumanServices and other federal and state agencies to do the following:
(1) Extend and improve services for locating children and forproviding medical, surgical, corrective, and other services andcare, and facilities for diagnosis, hospitalization, and aftercarefor children who are suffering from conditions that lead tospecial health care needs.
(2) Cooperate with medical, health, nursing, and welfare groupsand organizations of Indiana in the enforcement andadministration of this section.
(3) Develop plans that are necessary to effectuate the servicescontemplated in this section and to comply with the regulationsand requirements of the United States Department of Health andHuman Services under the federal Social Security Act.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-3
Director of program; appointment; qualifications
Sec. 3. The state health commissioner shall appoint as director ofthe program for children with special health care needs:
(1) a physician; or
(2) a person with a graduate degree;
who has expertise in the health care system as the system relates tothe needs of a child with special health care needs and the child'sfamily.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-4
Assignment of eligible child for care, services, or treatment;contracting
Sec. 4. (a) A child with special health care needs who has beendetermined to be financially and medically eligible according to rulesadopted by the state department may be assigned for care, services,
or treatment to any of the following:
(1) A public or private hospital licensed under IC 16-21-2.
(2) A diagnostic and treatment center.
(3) A licensed physician.
(4) Other participating providers under this chapter.
(b) The state department may contract for any service necessaryto administer the program for children with special health care needs,including the following:
(1) The determination of medical eligibility.
(2) The development and implementation of a certificationprogram for physicians serving children with special health careneeds.
(3) The development of standards of care for children withspecial health care needs.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-5
Designation of categories of services, materials, and care to be paidfor out of federal Social Security money received
Sec. 5. The state department may designate certain categories ofservices, materials, and care that shall be paid for out of moneyreceived from the federal government for services for children inconformity with the federal Social Security Act (42 U.S.C. 701 etseq.) and the regulations adopted under the federal Social SecurityAct.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-6
Fees and charges same as Medicaid
Sec. 6. The fees and charges paid to providers of services, care,and materials under this chapter shall be at the same amounts asthose allowed by the Medicaid program (42 U.S.C. 1396 et seq.).
As added by P.L.2-1993, SEC.18.
IC 16-35-2-7
Uniform rules; adoption
Sec. 7. The state department shall adopt uniform rules underIC 4-22-2 to do the following:
(1) Determine medical eligibility.
(2) Determine financial eligibility.
(3) Certify licensed physicians serving children with specialhealth care needs.
(4) Develop standards of care for children with special healthcare needs.
(5) Determine the types of care, services, and materials that thestate department will reimburse under this chapter.
(6) Determine the duration of care that the state department willreimburse providers under this chapter.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-8
State or federal higher education awards as not affecting eligibilityfor assistance
Sec. 8. If an individual receives a state or federal higher educationaward that is paid directly to an approved postsecondary educationalinstitution for the individual's benefit:
(1) the individual is not required to report that award as incomeor as a resource of the individual when applying for assistancefor a destitute child under this chapter; and
(2) the award shall not be considered as income or a resource ofthe individual in determining initial or continuing eligibility forassistance under this chapter.
As added by P.L.2-1993, SEC.18. Amended by P.L.2-2007, SEC.193.
IC 16-35-2-9
Cystic fibrosis; services extended to afflicted persons
Sec. 9. The state department shall extend care, services, andmaterials provided under this chapter to persons with cystic fibrosiswho are at least twenty-one (21) years of age. The services shall beextended under the same criteria that are applicable to persons whoare less than twenty-one (21) years of age.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-10
Children with autism
Sec. 10. (a) An individual who:
(1) has autism (as defined in IC 12-7-2-19(b)); and
(2) is less than twenty-one (21) years of age;
has an eligible medical condition under this chapter.
(b) The state department shall extend all care, services, andmaterials provided under this chapter to an individual described insubsection (a) who meets any additional eligibility criteriaestablished by the state department under this chapter.
As added by P.L.79-1999, SEC.2. Amended by P.L.99-2007,SEC.159.