Citations Affected: IC 4-9.1-1-7 ; IC 4-12 ; IC 4-13.
Synopsis: Revisions to Hoosier RX program. Requires the secretary
of the office of family and social services to use money in the Indiana
prescription drug account only for the prescription drug program.
Automatically allots the money for use in the prescription drug
Effective: Upon passage.
January 23, 2003, read first time and referred to Committee on Ways and Means.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
to the extent the same are applicable.
(d) The budget agency shall administer the allotment system provided in IC 4-13-2-18.
(e) The budget agency may transfer, assign and reassign any appropriation or appropriations, or parts of them, excepting those appropriations made to the Indiana state teacher's retirement fund established by IC 21-6.1, made for one specific use or purpose to another use or purpose of the agency of state to which the appropriation is made, but only when the uses and purposes to which the funds transferred, assigned and reassigned are uses and purposes the agency of state is by law required or authorized to perform. No transfer may be made as in this subsection authorized unless upon the request of and with the consent of the agency of state whose appropriations are involved. Except to the extent otherwise specifically provided, every appropriation made and hereafter made and provided, for any specific use or purpose of an agency of the state is and shall be construed to be an appropriation to the agency, for all other necessary and lawful uses and purposes of the agency, subject to the aforesaid request and consent of the agency and concurrence of the budget agency. The transfer, assignment, or reassignment of funds, accounts, and appropriations provided for in this section applies to transfers, assignments, or reassignments except as specifically provided for in an appropriation act or in any law. If an appropriation, an account, or a fund is specifically excluded from the transfer, assignment, or reassignment process, whether by an appropriation act or any other law, the money in the appropriation, account, or fund may not be transferred, assigned or reassigned by the budget agency.
(f) One or more emergency or contingency appropriations for each fiscal year or for the budget period may be made to the budget agency. Such appropriations shall be in amounts definitely fixed by law, or ascertainable or determinable according to a formula, or according to appropriate provisions of law taking into account the revenues and income of the agency of state. No transfer shall be made from any such appropriation to the regular appropriation of an agency of the state except upon an order of the budget agency made pursuant to the authority vested in it hereby or otherwise vested in it by law.
to ensure the health and welfare of Indiana's low-income senior
citizens. The account consists of:
(1) amounts to be distributed to the account from the Indiana tobacco master settlement agreement fund;
(2) appropriations to the account from other sources;
(A) required under 42 U.S.C. 1396r-8(a) for a Medicaid waiver under which a prescription drug program is established or implemented; or
(B) voluntarily negotiated under a prescription drug program that is established or implemented;
to provide access to prescription drugs for low income senior citizens;
(4) federal funds received under 42 U.S.C. 139br-8(a) for a Medicaid waiver; and
(5) grants, gifts, and donations intended for deposit in the
(b) The account shall be administered by the
budget agency. office
of the secretary of family and social services for the Indiana
prescription drug program. Expenses for administration and benefits
under the Indiana prescription drug program established under
shall be paid from the account. Money in the account at
the end of the state fiscal year does not revert to the state general fund
or the Indiana tobacco master settlement agreement fund but is
annually appropriated and remains available for expenditure for a
prescription drug program established or implemented to provide
access to prescription drugs for low income senior citizens. Money in
the account is automatically allotted, and appropriations,
allotments, and money in the account are not subject to:
(1) transfers by the state board of finance as allowed under IC 4-9.1-1-7 ;
(2) transfer, assignment or reassignment by the budget agency as allowed under IC 4-12-1-12 (e); or
(3) allotment by the budget agency as allowed by IC 4-13-2-18.
(c) Money in the account may be used to match federal funds available under a Medicaid waiver under which a prescription drug program is established or implemented to provide access to prescription drugs for low income senior citizens.
section, each fiscal year shall be divided into four (4) quarterly
allotment periods, beginning respectively on the first day of July,
October, January, and April. However, in any case where the quarterly
allotment period is impracticable, the state budget director may
prescribe a different period suited to the circumstances but not
extending beyond the end of any fiscal year.
(b) The allotment process applies to appropriations, funds, and accounts except as provided for in an appropriation act, or except as provided in any other law that designates the appropriation, fund, or account as automatically allotted. In the latter case, the books of the auditor of state and treasurer of state shall show the money appropriated to or received by the funds and accounts as automatically allotted.
(c) Except as otherwise expressly provided in this section, the provisions of this chapter relating to the allotment system and to the encumbering of funds shall apply to appropriations and funds of all kinds, including standing or annual appropriations and dedicated funds, from which expenditures are to be made from time to time by or under the authority of any state agency. However, the provisions relating to the allotment system shall not apply to moneys made available for the purpose of conducting a post-audit of financial transactions of any state agency. Likewise, appropriations for construction or for the acquisition of real estate for public purposes may be exempted from the allotment system by the state budget director, but in such cases he shall prescribe such regulations as will insure the proper application and encumbering of funds.
(c) (d) No appropriation to any state agency shall become available
for expenditure until:
(1) such state agency shall have submitted to the state budget agency a request for allotment, such request for allotment to consist of an estimate of the amount required for each activity and each purpose for which money is to be expended during the applicable allotment period;
(2) such estimate contained in the request for allotment shall have been approved, increased, or decreased by the state budget director and funds allotted therefor as hereinafter provided; and
(3) an appropriation act or any other law designates the appropriation, fund, or account as automatically allotted.
The form of a request for allotment under subdivisions (1) and (2), including a request by hand, mail, facsimile transmission, or other electronic transmission, shall be prescribed by the state budget agency with the approval of the auditor of state and shall be submitted to them
at least twenty-five (25) days prior to the beginning of the allotment
(d) (e) Each request for allotment shall be reviewed by the state
budget agency and respective amounts therein shall be allotted for
(1) the estimate therein is within the terms of the appropriation as to amount and purpose, having due regard for the probable future needs of the state agency for the remainder of the fiscal year or other term for which the appropriation was made; and
(2) the agency contemplates expenditure of the allotment during the period.
Otherwise the state budget agency shall modify the estimate so as to conform with the terms of the appropriation and the prospective needs of the state agency, and shall reduce the amount to be allotted accordingly. The state budget agency shall act promptly upon all requests for allotment and shall notify every state agency of its allotments at least five (5) days before the beginning of each allotment period. The total amount allotted to any agency for the fiscal year or other term for which the appropriation was made shall not exceed the amount appropriated for such year or term.
(e) (f) The state budget director shall also have authority at any
time to modify or amend any allotment previously made by him.
(f) (g) In case the state budget director shall discover at any time
(1) the probable receipts from taxes or other sources for any fund will be less than were anticipated; and
(2) as a consequence the amount available for the remainder of the term of the appropriation or for any allotment period will be less than the amount estimated or allotted therefor;
he shall, with the approval of the governor, and after notice to the state agency or agencies concerned, reduce the amount or amounts allotted or to be allotted so as to prevent a deficit.
(g) (h) The state budget agency shall promptly transmit records of
all allotments and modifications thereof to the auditor of state.
(h) (i) The auditor of state shall maintain as a part of the central
accounting system for the state, as hereinbefore provided, records
showing at all times, by funds, accounts, and other pertinent
classifications, the amounts appropriated, the estimated revenues, the
actual revenues or receipts; the amounts allotted and available for
expenditure, the total expenditures, the unliquidated obligations, actual
balances on hand, and the unencumbered balances of the allotments for
each state agency.