Indiana Code Title 12. Human Services § 12-15-17-1

Sec. 1. A disproportionate share payment shall be made to:

that serves a disproportionate share of Medicaid recipients and other low income patients as determined under IC 12-15-16-1.  However, a provider may not be defined as a disproportionate share provider under IC 12-15-16-1 unless the provider has a Medicaid inpatient utilization rate (as defined in 42 U.S.C. 1396r-4(b)(2)) of at least one percent (1%).  Subdivisions (2) and (3) do not apply during the period that the office is assessing a hospital fee authorized by IC 16-21-10.