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TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES

Notice of Intent to Adopt a Rule
LSA Document #12-138

Under IC 4-22-2-23, the Office of the Secretary of Family and Social Services intends to adopt a rule concerning the following:

OVERVIEW: Amends 405 IAC 5-19-1 to modify the Medicaid rate setting methodology for medical supplies by establishing the Medicare fee schedule amounts as the basis for calculating medical supply rates, before acquisition cost or the manufacturer's suggested retail price are utilized. Amends 405 IAC 5-19-3 to modify the Medicaid rate setting methodology for durable medical equipment (DME) by establishing acquisition cost and the manufacturer's suggested retail price as the basis for calculating DME rates in addition to the Medicare fee schedule amounts. Amends 405 IAC 5-19-13 to modify the rate setting methodology for hearing aids by establishing acquisition cost and the manufacturer's suggested retail price as the basis for calculating hearing aid rates, and to establish a hearing aid dispensing fee. Adds 405 IAC 5-19-19 to modify Medicaid reimbursement formulas by reducing rates currently paid for medical supplies, durable medical equipment (DME) (which includes but is not limited to prosthetics, canes, walkers, crutches, wheelchairs, and oxygen) and hearing aids with maximum fee schedule rates in effect prior to July 1, 2011, by five percent (5%) for the period beginning on the effective date of this rule and continuing through June 30, 2013. Repeals Emergency Rule, LSA Document #11-441(E) posted at 20110803-IR- 405110441ERA. Comments and questions may be addressed to the Small Business Regulatory Coordinator for this rule. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:
David Garner
Indiana Family and Social Services Administration
Office of Medicaid Policy and Planning
Indiana Government Center South
402 West Washington Street
Indianapolis, IN 46204
(317) 232-2091
david.garner@fssa.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-5 is:
Eric P. Shields
Indiana Economic Development Corporation
One North Capitol, Suite 700
Indianapolis, IN 46204
(317) 234-3997
smallbizombudsman@iedc.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-5, specifically IC 5-28-17-5(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

Posted: 03/21/2012 by Legislative Services Agency

DIN: 20120321-IR-405120138NIA
Composed: Nov 23,2014 8:51:57AM EST
A PDF version of this document.