Sec. 19. (a) This section applies to a person who:

(1) is subject to lawful detention;

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Terms Used In Indiana Code 36-2-13-19

  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) incurs or will incur medical care expenses that are not otherwise reimbursable during the lawful detention;

(3) is unwilling or unable to pay for the person’s own health care services; and

(4) is potentially eligible for Medicaid (IC 12-15).

     (b) For a person described in subsection (a), the sheriff is the person’s Medicaid authorized representative and may apply for Medicaid on behalf of the person.

     (c) A county executive and the office of the secretary of family and social services shall enter into a written memorandum of understanding providing that the sheriff shall reimburse the office of the secretary for administrative costs and the state share of the Medicaid costs incurred for a person described in this section.

     (d) Reimbursement under this section for reimbursable health care services provided by a health care provider, including a hospital, to a person as an inpatient in a hospital must be as follows:

(1) For individuals eligible under the healthy Indiana plan (IC 12-15-44.5), the reimbursement rates described in IC 12-15-44.5-5.

(2) For individuals other than those described in subdivision (1) who are eligible under the Medicaid program, the reimbursement rates provided under the Medicaid program, except that reimbursement for inpatient hospital services shall be reimbursed at rates equal to the fee-for-service rates described in IC 16-21-10-8(a)(1).

Hospital assessment fee funds collected under IC 16-21-10 or the Indiana check-up plan trust fund (IC 12-15-44.2-17) may not be used as the state share of Medicaid costs for the reimbursement of health care services provided to the person as an inpatient in the hospital.

     (e) The state share of all claims reimbursed by Medicaid for a person described in subsection (a) shall be paid by the county.

As added by P.L.185-2015, SEC.29. Amended by P.L.30-2016, SEC.44.