State Affairs and Government

Department of Human Services

SECTION 42-12-29

§ 42-12-29. Children's health account.

(a) There is created within the general fund a restricted receipt account to be known as the "children's health account." All money in the account shall be utilized by the executive office of health and human services ("executive office") to effectuate coverage for the following service categories: (1) Home health services, which include pediatric private duty nursing and certified nursing assistant services; (2) Cedar comprehensive, evaluation, diagnosis, assessment, referral and evaluation (CEDAR) services, which include family center services, home-based therapeutic services, personal assistance services and supports (PASS), and kids connect services; and (3) Child and adolescent treatment services (CAITS). All money received pursuant to this section shall be deposited in the children's health account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the executive office.

(b) Beginning July 1, 2017, a portion of the amount collected pursuant to § 42-7.4-3, up to the actual amount expended or projected to be expended by the state for the services described in subsection (a) of this section, less any amount collected in excess of the prior year's funding requirement as indicated in subsection (c) of this section, but in no event more than the limit set forth in subsection (d) of this section (the "child health services funding requirement"), shall be deposited in the "children's health account." The funds shall be used solely for the purposes of the "children's health account", and no other.

(c) The executive office shall submit to the general assembly an annual report on the program and costs related to the program, on or before February 1 of each year. The executive office shall make available to each insurer required to make a contribution pursuant to § 42-7.4-3, upon its request, detailed information regarding the children's health programs described in subsection (a) and the costs related to those programs. Any funds collected in excess of funds needed to carry out the programs shall be deducted from the subsequent year's funding requirements.

(d) The total amount required to be deposited into the children's health account shall be equivalent to the amount paid by the executive office for all services, as listed in subsection (a), but not to exceed twelve thousand five hundred dollars ($12,500) per child, per service, per year.

(e) The children's health account shall be exempt from the indirect cost recovery provisions of § 35-4-27.

History of Section.
(P.L. 2006, ch. 246, art. 34, § 5; P.L. 2008, ch. 100, art. 20, § 1; P.L. 2010, ch. 23, art. 19, § 1; P.L. 2011, ch. 151, art. 11, § 1; P.L. 2014, ch. 145, art. 16, § 3; P.L. 2017, ch. 302, art. 9, § 9.)