IC 16-35-2
Chapter 2. Assistance to Children With Special Health Care
Needs
IC 16-35-2-1
Children defined
Sec. 1. As used in this chapter, "children" refers to children with
special health care needs.
As added by P.L.2-1993, SEC.18.
IC 16-35-2-2
Administering federal Social Security money; cooperation with
federal agencies
Sec. 2. (a) The state department shall administer the federal
money provided for services to children under the federal Social
Security Act (42 U.S.C. 701 et seq.).
(b) In the administration of the money, the state department shall
cooperate with the United States Department of Health and Human
Services and other federal and state agencies to do the following:
(1) Extend and improve services for locating children and for
providing medical, surgical, corrective, and other services and
care, and facilities for diagnosis, hospitalization, and aftercare
for children who are suffering from conditions that lead to
special health care needs.
(2) Cooperate with medical, health, nursing, and welfare groups
and organizations of Indiana in the enforcement and
administration of this section.
(3) Develop plans that are necessary to effectuate the services
contemplated in this section and to comply with the regulations
and requirements of the United States Department of Health and
Human 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 of
the 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 to
the needs of a child with special health care needs and the child's
family.
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 been
determined to be financially and medically eligible according to rules
adopted 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 necessary
to 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 certification
program for physicians serving children with special health care
needs.
(3) The development of standards of care for children with
special 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 paid
for out of federal Social Security money received
Sec. 5. The state department may designate certain categories of
services, materials, and care that shall be paid for out of money
received from the federal government for services for children in
conformity with the federal Social Security Act (42 U.S.C. 701 et
seq.) and the regulations adopted under the federal Social Security
Act.
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 as
those 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 under
IC 4-22-2 to do the following:
(1) Determine medical eligibility.
(2) Determine financial eligibility.
(3) Certify licensed physicians serving children with special
health care needs.
(4) Develop standards of care for children with special health
care needs.
(5) Determine the types of care, services, and materials that the
state department will reimburse under this chapter.
(6) Determine the duration of care that the state department will
reimburse 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 eligibility
for assistance
Sec. 8. If an individual receives a state or federal higher education
award that is paid directly to an approved postsecondary educational
institution for the individual's benefit:
(1) the individual is not required to report that award as income
or as a resource of the individual when applying for assistance
for a destitute child under this chapter; and
(2) the award shall not be considered as income or a resource of
the individual in determining initial or continuing eligibility for
assistance 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, and
materials provided under this chapter to persons with cystic fibrosis
who are at least twenty-one (21) years of age. The services shall be
extended under the same criteria that are applicable to persons who
are 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, and
materials provided under this chapter to an individual described in
subsection (a) who meets any additional eligibility criteria
established by the state department under this chapter.
As added by P.L.79-1999, SEC.2. Amended by P.L.99-2007,
SEC.159.