TITLE 405 OFFICE OF THE SECRETARY OF FAMILY AND SOCIAL SERVICES

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 5-3-5 to remove the requirement for rehabilitative potential for wheelchairs for child recipients in a nursing facility in accordance with IC 12-15-5-12. Amends 405 IAC 5-19-1 and 405 IAC 5-19-2 to update and clarify definitions and terminology. Adds 405 IAC 5-19-2.5 to implement the requirement for documentation of a face-to-face encounter for home health DME items in accordance with 42 CFR 440.70(f). Amends 405 IAC 5-19-7 to revise state regulations for prior authorization to implement the requirement for documentation of a face-to-face encounter for home health DME items in accordance with 42 CFR 440.70(f) and to remove the requirement for rehabilitative potential for wheelchairs for child recipients in a nursing facility in accordance with IC 12-15-5-12. Amends 405 IAC 5-19-13 to update and clarify definitions and terminology. Amends 405 IAC 5-19-18, 405 IAC 5-26-5, and 405 IAC 5-26-6 to comply with court order requiring coverage of orthotics regardless of age. Effective 30 days after filing with the Publisher. Statutory authority: IC 12-15-1-10; IC 12-15-21-1; IC 12-15-21-2; IC 12-15-21-3.

For purposes of IC 4-22-2-28.1, the Small Business Regulatory Coordinator for this rule is:

Michael Cook

Indiana Family and Social Services Administration

Office of Medicaid Policy and Planning

Indiana Government Center South

402 West Washington Street, Room W374

Indianapolis, IN 46204

(317) 232-7050

michael.cook@fssa.in.gov

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Katelyn Colclazier

Small Business Ombudsman

Indiana Economic Development Corporation

One North Capitol, Suite 700

Indianapolis, IN 46204

(317) 431-1560

kcolclazier@iedc.in.gov

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(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.

DIN: 20180307-IR-405180125NIA

Composed: May 08,2024 6:57:17PM EDT

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