760 IAC 4-2-1 - Definitions

Authority: IC 27-19-1-4; IC 27-19-4-1

Affected: IC 12-8-1.5-2; IC 12-10; IC 12-15-44.5; IC 12-17.6; IC 16-28; IC 27-1-1; IC 27-19-2; IC 27-19-4-1

Sec. 1.

The definitions set forth in IC 27-19-2 and the following definitions apply throughout this article:

(1) "Application organization" means a navigator described in Section 1311(i) of PPACA (42 U.S.C. 18031(i)) , a certified application counselor organization described in 45 CFR 155.225 issued pursuant to PPACA, or any other federal assistance program under PPACA, or an entity that employs personnel to assist individuals with application for and enrollment in a QHP through a health benefit exchange or in a public health insurance program. An application organization does not include:
(A) An entity that makes presumptive eligibility determinations concerning an individual's eligibility for enrollment in a public health insurance program unless such entity also assists individuals with the full application for and enrollment in a public health insurance program or QHP through a health benefit exchange.
(B) A state agency, division, or subdivision thereof.
(C) An entity that only performs one (1) or both of the following two (2) functions:
(i) Provides assistance with application for and enrollment in a public health insurance program to individuals who may be eligible for Medicaid nursing home care.
(ii) Provides individuals with general information concerning the application process for enrollment in a QHP through a health benefit exchange or in a public health insurance program but does not assist individuals with application for or enrollment in a QHP through a health benefit exchange or in a public health insurance program.
(2) "Assist" or "assistance" means to help an individual with the completion of an application for a QHP through a health benefit exchange or an application for a public health insurance program.
(3) "CHIP" refers to the children's health insurance program under Title XXI of the Social Security Act and IC 12-17.6.
(4) "Commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.
(5) "Department" refers to the department of insurance created under IC 27-1-1-1.
(6) "Entity" means any type of corporation, company, partnership, association, institution, or any other organization, as distinguished from an individual.
(7) "Group health plan" has the meaning set forth in Section 2791 of the federal Public Health Service Act (42 U.S.C. 300gg-91) .
(8) "Health benefit exchange" means an American health benefit exchange or marketplace operating in Indiana pursuant to PPACA.
(9) "Health insurance coverage" has the meaning set forth in Section 2791 of the federal Public Health Service Act (42 U.S.C. 300gg-91) .
(10) "Health plan" means a policy or contract that provides health insurance coverage. The term includes a group health plan, QHP, or public health insurance program.
(11) "Healthy Indiana Plan 2.0" or "HIP 2.0" refers to the 1115 waiver program established by IC 12-15-44.5.
(12) "Medicaid" refers to the state and federal program under 42 U.S.C. 1396 et seq. and IC 12-15.
(13) "Medicaid home and community-based waiver services" means those services provided in accordance with IC 12-10 and 455 IAC 2-4.
(14) "Navigator" means a navigator described in Section 1311(i) of PPACA (42 U.S.C. 18031(i)) , a certified application counselor described in 45 CFR 155.225 issued pursuant to PPACA, or any other federal assistance personnel as provided by PPACA, or a person who assists individuals with application for and enrollment in a QHP through a health benefit exchange or in a public health insurance program. A navigator does not include:
(A) A person who makes presumptive eligibility determinations concerning an individual's eligibility for enrollment in a public health insurance program unless such person also assists individuals with the full application for and enrollment in a public health insurance program or a QHP through a health benefit exchange.
(B) An employee or contractor of a state agency, division, or subdivision thereof who is performing their job function for such state agency, division, or subdivision.
(C) A person who is the authorized representative on behalf of an individual applying for a public health insurance program unless such person also assists an individual with application for and enrollment in a public health insurance program or a QHP through a health benefit exchange not as the individual's authorized representative.
(D) A person who only performs one (1) or both of the following two (2) functions:
(i) Provides assistance with application for and enrollment in a public health insurance program to individuals who may be eligible for Medicaid nursing home care.
(ii) Provides individuals with general information concerning the application process for enrollment in a QHP through a health benefit exchange or in a public health insurance program but does not assist individuals with application completion or enrollment in a QHP through a health benefit exchange or in a public health insurance program.
(15) "Nonresident" means an individual with a permanent home address outside of Indiana or an entity with a physical address outside of Indiana.
(16) "Nursing home care" means in-patient care and services provided by nursing homes, also identified as long term care facilities, licensed under IC 16-28 and meeting Medicaid standards described in 405 IAC 1-3.
(17) "Person" means an individual or entity.
(18) "Personal information" means any nonpublic information that is provided to a navigator or application organization by an individual for purposes of assisting with application for and enrollment of such individual in a QHP through a health benefit exchange or in a public health insurance program, including, but not limited to:
(A) Social Security number;
(B) first and last name;
(C) driver's license number;
(D) bank account number;
(E) credit card number;
(F) street address;
(G) medical or health information;
(H) state identification card number; or
(I) financial account number or debit card number.
(19) "PPACA" refers to the federal Patient Protection and Affordable Care Act ( P.L. 111-148 ), as amended by the federal Health Care and Education Reconciliation Act ( P.L. 111-152 ).
(20) "Program" means an insurance trade association, accredited college or university, educational organization, or application organization that offers navigator precertification education that is approved by the commissioner in compliance with 760 IAC 4-8.
(21) "Provider" means an individual, insurance trade association, accredited college or university, educational organization, or application organization that offers a navigator continuing education course that is approved by the commissioner in compliance with 760 IAC 4-9.
(22) "Public health insurance program" refers to health coverage provided under a state or federal government program, including Medicaid, CHIP, and HIP 2.0.
(23) "QHP" refers to a qualified health plan that has been certified under Section 1301 of PPACA (42 U.S.C. 18021(a)) to meet the criteria for availability through a health benefit exchange operating in Indiana.
(24) "Resident" means an individual with a permanent home address in Indiana or an entity with a physical address in Indiana.
(25) "Secretary" refers to the secretary of the office of the secretary of family and social services appointed under IC 12-8 1.5-2.
(26) "Security breach" means an unauthorized acquisition of or disclosure of personal information that compromises the security, confidentiality, or integrity of such personal information.

Notes

760 IAC 4-2-1
Filed 6/10/2016, 1:21 p.m.: 20160706-IR-760150033FRA Readopted filed 11/30/2022, 11:39 a.m.: 20221228-IR-760220302RFA

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