Sec. 17. (a) The healthy Indiana plan trust fund is established for the following purposes:

(1) Administering a plan created by the general assembly to provide health insurance coverage for low income residents of Indiana under this chapter and IC 12-15-44.5.

(2) Providing copayments, preventative care services, and premiums for individuals enrolled in the plan.

(3) Funding tobacco use prevention and cessation programs, childhood immunization programs, and other health care initiatives designed to promote the general health and well being of Indiana residents.

(4) Funding amounts necessary to match federal funds for purposes set forth in this section.

The fund is separate from the state general fund.

(b) The fund shall be administered by the office of the secretary of family and social services.

(c) The expenses of administering the fund shall be paid from money in the fund.

(d) The fund shall consist of the following:

(1) Cigarette tax revenues designated by the general assembly to be part of the fund.

(2) Other funds designated by the general assembly to be part of the fund.

(3) Federal funds available for the purposes of the fund.

(4) Gifts or donations to the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.

(f) Money must be appropriated before funds are available for use.

(g) Money in the fund does not revert to the state general fund at the end of any fiscal year.

(h) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money may not be transferred, assigned, or otherwise removed from the fund by the state board of finance, the budget agency, or any other state agency unless the transfer, assignment, or removal is made in accordance with subsection (a)(4).

(i) As used in this subsection, "costs of the healthy Indiana plan 2.0" includes the costs of all expenses set forth in IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F). Notwithstanding subsection (a), funds on deposit in the fund beginning on the date the office implements the healthy Indiana plan 2.0 (IC 12-15-44.5) and until the healthy Indiana plan 2.0 is terminated upon the completion of a phase out period shall be used exclusively for the following:

(1) The state share of the costs of the healthy Indiana plan 2.0 that exceed other available funding sources in any given year.

(2) The state share of the costs of the healthy Indiana plan 2.0 incurred during a phase out period of the healthy Indiana plan 2.0.

(3) The state share of the expenses of the plan in effect under this chapter immediately before the implementation of the healthy Indiana plan 2.0 that were incurred in the regular course of the plan's operation.

(j) As used in this subsection, "costs of the healthy Indiana plan 2.0" include the costs of all expenses set forth in IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F). Upon implementation of the healthy Indiana plan 2.0 (IC 12-15-44.5), the entirety of the annual cigarette tax amounts designated to the fund by the general assembly shall be used exclusively to fund the state share of the costs of the healthy Indiana plan 2.0, including the state share of the costs of the healthy Indiana plan 2.0 incurred during a phase out period of the healthy Indiana plan 2.0. This subsection may not be construed to restrict the annual cigarette tax dollars annually appropriated by the general assembly for childhood immunization programs under subsection (a)(3).

As added by P.L.3-2008, SEC.98. Amended by P.L.213-2015, SEC.134.