Sec. 3. A provider agreement must do the following:
(1) Include information that the office determines necessary to facilitate carrying out of IC 12-15.
(2) Prohibit the provider from requiring payment from a recipient of Medicaid, except where a copayment is required by law.
(3) For providers categorized as high risk to the Medicaid program under 42 U.S.C. 1395cc(j)(2)(B) and 42 CFR 455.450, require the submission of necessary information, forms, or consents for the office to obtain a national criminal history background check or, as allowed by the office, a fingerprint-based criminal history check, through a contractor under IC 12-15-30 or the state police department under IC 10-13-3-39 of any person who:
(A) holds at least a five percent (5%) ownership interest in a facility or entity; or
(B) is a member of the board of directors of a nonprofit facility or entity;
in which the provider applicant plans to provide Medicaid services under the provider agreement. The provider applicant is responsible for the cost of the national criminal history background check or fingerprint-based criminal history check.