CHAPTER 20. INDIGENT CARE TRUST FUND
IC 12-15-20
Chapter 20. Indigent Care Trust Fund
IC 12-15-20-1
Fund defined
Sec. 1. As used in this chapter, "fund" refers to the Medicaid
indigent care trust fund established by this chapter.
As added by P.L.2-1992, SEC.9.
IC 12-15-20-2
Establishment of fund; payments from fund; priority
Sec. 2. The Medicaid indigent care trust fund is established to pay
the non-federal share of the following:
(1) Enhanced disproportionate share payments to providers
under IC 12-15-19-1.
(2) Subject to subdivision (8), disproportionate share payments
to providers under IC 12-15-19-2.1.
(3) Medicaid payments for pregnant women described in
IC 12-15-2-13 and infants and children described in
IC 12-15-2-14.
(4) Municipal disproportionate share payments to providers
under IC 12-15-19-8.
(5) Payments to hospitals under IC 12-15-15-9.
(6) Payments to hospitals under IC 12-15-15-9.5.
(7) Payments, funding, and transfers as otherwise provided in
clauses (8)(D), (8)(F), and (8)(G).
(8) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund, the following apply:
(A) The entirety of the intergovernmental transfers deposited
into the Medicaid indigent care trust fund for state fiscal
years ending on or before June 30, 2000, shall be used to
fund the state's share of the disproportionate share payments
to providers under IC 12-15-19-2.1.
(B) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund for the state fiscal year
ending June 30, 2001, an amount equal to one hundred
percent (100%) of the total intergovernmental transfers
deposited into the Medicaid indigent care trust fund for the
state fiscal year beginning July 1, 1998, and ending June 30,
1999, shall be used to fund the state's share of
disproportionate share payments to providers under
IC 12-15-19-2.1. The remainder of the intergovernmental
transfers, if any, for the state fiscal year shall be used to fund
the state's share of additional Medicaid payments to
hospitals licensed under IC 16-21 pursuant to a methodology
adopted by the office.
(C) Of the intergovernmental transfers deposited into the
Medicaid indigent care trust fund, for state fiscal years
beginning July 1, 2001, and July 1, 2002, an amount equal
to:
(i) one hundred percent (100%) of the total
intergovernmental transfers deposited into the Medicaid
indigent care trust fund for the state fiscal year beginning
July 1, 1998; minus
(ii) an amount equal to the amount deposited into the
Medicaid indigent care trust fund under IC 12-15-15-9(d)
for the state fiscal years beginning July 1, 2001, and July
1, 2002;
shall be used to fund the state's share of disproportionate
share payments to providers under IC 12-15-19-2.1. The
remainder of the intergovernmental transfers, if any, must be
used to fund the state's share of additional Medicaid
payments to hospitals licensed under IC 16-21 pursuant to a
methodology adopted by the office.
(D) The intergovernmental transfers, which shall include
amounts transferred under IC 12-16-7.5-4.5, deposited into
the Medicaid indigent care trust fund and the certifications
of public expenditures deemed to be made to the medicaid
indigent care trust fund, for the state fiscal years ending after
June 30, 2005, but before July 1, 2007, shall be used, in
descending order of priority, as follows:
(i) As provided in clause (B) of STEP THREE of
IC 12-16-7.5-4.5(b)(1) and clause (B) of STEP THREE of
IC 12-16-7.5-4.5(b)(2), to fund the amount to be
transferred to the office.
(ii) As provided in clause (C) of STEP THREE of
IC 12-16-7.5-4.5(b)(1) and clause (C) of STEP THREE of
IC 12-16-7.5-4.5(b)(2), to fund the non-federal share of the
payments made under IC 12-15-15-9 and IC 12-15-15-9.5.
(iii) To fund the non-federal share of the payments made
under IC 12-15-15-1.1, IC 12-15-15-1.3, and
IC 12-15-19-8.
(iv) As provided under clause (A) of STEP THREE of
IC 12-16-7.5-4.5(b)(1) and clause (A) of STEP THREE of
IC 12-16-7.5-4.5(b)(2), for the payment to be made under
clause (A) of STEP FIVE of IC 12-15-15-1.5(b).
(v) As provided under STEP FOUR of
IC 12-16-7.5-4.5(b)(1) and STEP FOUR of
IC 12-16-7.5-4.5(b)(2), to fund the payments to be made
under clause (B) of STEP FIVE of IC 12-15-15-1.5(b).
(vi) To fund, in an order of priority determined by the
office to best use the available non-federal share, the
programs listed in clause (H).
(E) For state fiscal years ending after June 30, 2007, the total
amount of intergovernmental transfers used to fund the
non-federal share of payments to hospitals under
IC 12-15-15-9 and IC 12-15-15-9.5 shall not exceed the
amount provided in clause (G)(ii).
(F) As provided in clause (D), for the following:
(i) Each state fiscal year ending after June 30, 2003, but
before July 1, 2005, an amount equal to the amount
calculated under STEP THREE of the following formula
shall be transferred to the office:
STEP ONE: Calculate the product of thirty-five million
dollars ($35,000,000) multiplied by the federal medical
assistance percentage for federal fiscal year 2003.
STEP TWO: Calculate the sum of the amounts, if any,
reasonably estimated by the office to be transferred or
otherwise made available to the office for the state fiscal
year, and the amounts, if any, actually transferred or
otherwise made available to the office for the state fiscal
year, under arrangements whereby the office and a hospital
licensed under IC 16-21-2 agree that an amount transferred
or otherwise made available to the office by the hospital or
on behalf of the hospital shall be included in the calculation
under this STEP.
STEP THREE: Calculate the amount by which the product
calculated under STEP ONE exceeds the sum calculated
under STEP TWO.
(ii) The state fiscal years ending after June 30, 2005, but
before July 1, 2007, an amount equal to thirty million
dollars ($30,000,000) shall be transferred to the office.
(G) Subject to IC 12-15-20.7-2(b), for each state fiscal year
ending after June 30, 2007, the total amount in the Medicaid
indigent care trust fund, including the amount of
intergovernmental transfers of funds transferred, and the
amounts of certifications of expenditures eligible for federal
financial participation deemed to be transferred, to the
Medicaid indigent care trust fund, shall be used to fund the
following:
(i) Thirty million dollars ($30,000,000) transferred to the
office for the Medicaid budget.
(ii) An amount not to exceed the non-federal share of
payments to hospitals under IC 12-15-15-9 and
IC 12-15-15-9.5.
(iii) An amount not to exceed the non-federal share of
payments to hospitals made under IC 12-15-15-1.1 and
IC 12-15-15-1.3.
(iv) An amount not to exceed the non-federal share of
disproportionate share payments to hospitals under
IC 12-15-19-8.
(v) An amount not to exceed the non-federal share of
payments to hospitals under clause (A) of STEP FIVE of
IC 12-15-15-1.5(c).
(vi) An amount not to exceed the non-federal share of
Medicaid safety-net payments.
(vii) An amount not to exceed the non-federal share of
payments to hospitals made under clauses (C) or (D) of
STEP FIVE of IC 12-15-15-1.5(c).
(viii) An amount not to exceed the non-federal share of
payments to hospitals made under clause (F) of STEP
FIVE of IC 12-15-15-1.5(c).
(ix) An amount not to exceed the non-federal share of
disproportionate share payments to hospitals under
IC 12-15-19-2.1.
(x) If additional funds are available after making payments
under items (i) through (ix), to fund other Medicaid
supplemental payments for hospitals approved by the
office and included in the Medicaid state plan.
(H) For purposes of clause (D)(vi), the office shall fund the
following:
(i) An amount equal to the non-federal share of the
payments to the hospital that is eligible under this item, for
payments made under clause (C) of STEP FIVE of
IC 12-15-15-1.5(b) under an agreement with the office,
Medicaid safety-net payments and any payment made
under IC 12-15-19-2.1. The amount of the payments to the
hospital under this item shall be equal to one hundred
percent (100%) of the hospital's hospital-specific limit for
state fiscal year 2005, when the payments are combined
with payments made under IC 12-15-15-9,
IC 12-15-15-9.5, and clause (B) of STEP FIVE of
IC 12-15-15-1.5(b) for a state fiscal year. A hospital is
eligible under this item if the hospital was eligible for
Medicaid disproportionate share hospital payments for the
state fiscal year ending June 30, 1998, the hospital
received a Medicaid disproportionate share payment under
IC 12-15-19-2.1 for state fiscal years 2001, 2002, 2003,
and 2004, and the hospital merged two (2) hospitals under
a single Medicaid provider number, effective January 1,
2004.
(ii) An amount equal to the non-federal share of payments
to hospitals that are eligible under this item, for payments
made under clause (C) of STEP FIVE of
IC 12-15-15-1.5(b) under an agreement with the office,
Medicaid safety-net payments, and any payment made
under IC 12-15-19-2.1. The amount of payments to each
hospital under this item shall be equal to one hundred
percent (100%) of the hospital's hospital-specific limit for
state fiscal year 2004, when the payments are combined
with payments made to the hospital under IC 12-15-15-9,
IC 12-15-15-9.5, and clause (B) of STEP FIVE of
IC 12-15-15-1.5(b) for a state fiscal year. A hospital is
eligible under this item if the hospital did not receive a
payment under item (i), the hospital has less than sixty
thousand (60,000) Medicaid inpatient days annually, the
hospital either was eligible for Medicaid disproportionate
share hospital payments for the state fiscal year ending
June 30, 1998 or the hospital met the office's Medicaid
disproportionate share payment criteria based on state
fiscal year 1998 data and received a Medicaid
disproportionate share payment for the state fiscal year
ending June 30, 2001, and the hospital received a
Medicaid disproportionate share payment under
IC 12-15-19-2.1 for state fiscal years 2001, 2002, 2003,
and 2004.
(iii) Subject to IC 12-15-19-6, an amount not less than the
non-federal share of Medicaid safety-net payments in
accordance with the Medicaid state plan.
(iv) An amount not less than the non-federal share of
payments made under clause (C) of STEP FIVE of
IC 12-15-15-1.5(b) under an agreement with the office to
a hospital having sixty thousand (60,000) Medicaid
inpatient days annually.
(v) An amount not less than the non-federal share of
Medicaid disproportionate share payments for hospitals
eligible under this item, and made under IC 12-15-19-6
and the approved Medicaid state plan. A hospital is
eligible for a payment under this item if the hospital is
eligible for payments under IC 12-15-19-2.1.
(vi) If additional funds remain after the payments made
under (i) through (v), payments approved by the office and
under the Medicaid state plan, to fund the non-federal
share of other Medicaid supplemental payments for
hospitals.
As added by P.L.2-1992, SEC.9. Amended by P.L.27-1992, SEC.23;
P.L.24-1997, SEC.50; P.L.126-1998, SEC.15; P.L.273-1999,
SEC.174; P.L.113-2000, SEC.19; P.L.283-2001, SEC.26;
P.L.1-2002, SEC.53; P.L.120-2002, SEC.17; P.L.255-2003, SEC.22;
P.L.212-2007, SEC.10; P.L.218-2007, SEC.20.
IC 12-15-20-3
Expenses of administration
Sec. 3. The expenses of administering the fund shall be paid from
money in the fund.
As added by P.L.2-1992, SEC.9.
IC 12-15-20-4
Investment of fund money
Sec. 4. (a) The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(b) Interest that accrues from investments shall be deposited in the
fund.
As added by P.L.2-1992, SEC.9.
IC 12-15-20-5
Records; balance in fund; investment earnings
Sec. 5. The office shall maintain records that show the amount of
money in the fund and the amount of investment earnings on that
amount.
As added by P.L.2-1992, SEC.9. Amended by P.L.27-1992, SEC.24.
IC 12-15-20-6
Money not to revert to general fund
Sec. 6. Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.2-1992, SEC.9.
IC 12-15-20-7
Use of fund money; availability of matching federal financial
participation
Sec. 7. Money in the fund may only be used for the purposes
listed in section 2 of this chapter to the extent that federal financial
participation under Medicaid is available to match the state money.
As added by P.L.2-1992, SEC.9.
IC 12-15-20-8
Repealed
(Repealed by P.L.27-1992, SEC.30.)