Rep. Cory Criswell

Sets forth the powers and duties of the office of the secretary of family and social services (office of the secretary) concerning Medicaid home and community based services waivers. Defines "home and community based services waiver". Requires a provider of services under a home and community based services waiver to follow any waiver requirements under federal law and developed by the office of the secretary. Establishes requirements for home and community based services waivers. Relocates provisions requiring reimbursement for assisted living services for individuals who are aged and disabled and receiving services under a Medicaid waiver. Specifies that: (1) these provisions apply to an individual receiving services under a home and community based services waiver; and (2) reimbursement is required for certain services that are part of the individual's home and community based service plan. Relocates provisions establishing limitations concerning assisted living services provided in a home and community based services program. Relocates a provision requiring the office of the secretary to annually determine any state savings generated by home and community based services. Removes a provision allowing the division of aging to adopt rules concerning an appeals process for a housing with services establishment provider's determination that the provider is unable to meet the health needs of a resident and allows the office of the secretary to adopt rules concerning the appeals process. Requires an individual who provides attendant care services for compensation from Medicaid to register with the office of the secretary. Removes the requirement that the division of aging administer programs established under Medicaid waivers for in-home services for treatment of medical conditions. Provides that provisions of law concerning the statewide waiver ombudsman apply to an individual who has a developmental disability and receives services administered by the bureau of disabilities services. (Current law specifies that these provisions apply to an individual who has a developmental disability and receives services under the federal home and community based services program). Specifies that these provisions do not apply to an individual served by the long term care ombudsman program. Changes references from "statewide waiver ombudsman" to "statewide bureau of disabilities services ombudsman". Requires certain facilities to provide notice within a specified time to the division of family resources (division) that a delinquent child will be released from the facility. Requires the division to take action necessary to ensure that the delinquent child, if eligible, participates in the Medicaid program upon the child's release and receives services required by federal law. Specifies that an insurer may not deny a Medicaid claim solely due to a lack of prior authorization in accordance with federal law. Requires an insurer to respond to a state inquiry regarding a Medicaid claim not later than 60 days after receiving the inquiry. Specifies, for purposes of a provision concerning Medicaid third party liability, that the state is considered to have acquired the rights of the person to payment by any other party for accumulated and future health care items or services. (Current law provides that the state is considered to have acquired these rights for the health care items or services.) Repeals a provision providing that licensed home health agencies and licensed personal services agencies are approved to provide certain services under a Medicaid waiver granted to the state under federal law that provides services for treatment of medical conditions. Repeals provisions requiring the division of aging to submit a plan, before October 1, 2017, to the general assembly to expand the scope and availability of home and community based services for individuals who are aged and disabled. Makes conforming amendments.

Provides that a reserve deputy town marshal may not act in an official capacity as a reserve deputy town marshal unless the reserve deputy town marshal is wearing a distinctive uniform and identification authorized by the town marshal. Provides that, if the reserve deputy town marshal's official duties include patrolling with the use of a motor vehicle, the motor vehicle used as part of the reserve deputy town marshal's official duties must be marked as a police vehicle and identify the particular town served by the reserve deputy town marshal.

Defines "PFAS chemicals" and requires the environmental rules board to use the definition in certain rules concerning industrial processes and research and development.

Specifies that the horse racing commission (IHRC) may adopt rules that incorporate by reference the most current version of the model rules adopted by the Association of Racing Commissioners International. Removes certain obsolete references to emergency rules. Requires a permit holder to own the real property, including buildings, structures, and other improvements, on which a horse racing meeting is to be conducted. Prohibits a permit issued for a horse racing meeting from being leased. Provides that judges and stewards may suspend a license for not more than three years on behalf of the IHRC. (Current law allows judges and stewards to suspend a license for not more than one year on behalf of the IHRC.) Provides that the suspension of a license or the imposition of certain civil penalties must occur within 365 days after the date of the violation (instead of 180 days as required by current law). Provides that a horse's veterinary medical records and medical condition must be furnished within five business days without written client authorization to the IHRC as part of an investigation in which a horse under the care, control, or ownership of a licensee has been treated by a veterinarian.

Prohibits a public employer from requiring or stating a preference for a postsecondary degree for employment, rejecting an applicant solely on the basis of the applicant lacking a postsecondary degree, or giving preferential treatment to an applicant who holds a postsecondary degree. Provides an exemption if the job duties require a postsecondary degree and the public employer demonstrates the necessity of a specific postsecondary degree in the job posting. Requires a public employer to provide written notice to each applicant who has been eliminated from hiring consideration. Allows an applicant to appeal a hiring decision to the department of labor (department) if the applicant believes the decision was based on the applicant's lack of a postsecondary degree. Allows any person to report to the department a job posting that includes a requirement or preference for a postsecondary degree and fails to include an explanation of the necessity of the postsecondary degree. Requires the department to take certain actions if an appeal or a report is substantiated by the department.

Removes the requirement for a pedagogy examination as a prerequisite for obtaining a teaching license.

Provides that a taxpayer is entitled to a credit against the taxpayer's state income tax liability in a taxable year equal to the lesser of: (1) 20% multiplied by the safe gun storage expenses incurred by the taxpayer during the taxable year; or (2) $500 in the case of an individual filing a single return (or $250 in the case of a married individual filing a separate return). Defines "safe gun storage expenses" as the purchase price of a qualified firearms storage device. Defines "qualified firearms storage device" as: (1) a safe, lockbox, cabinet, or other container designed to store firearms securely by restricting access to the firearms by a locking device; or (2) a locking device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. Provides that to obtain the credit, the taxpayer must claim the credit in the manner prescribed by the department of state revenue (department). Requires the taxpayer to submit to the department proof of the taxpayer's safe gun storage expenses and all information that the department determines is necessary for the calculation of the credit. Prohibits the taxpayer from claiming any carryover, carryback, or refund of any unused credit.

Requires an association to offer a cash payment option at athletic events beginning July 1, 2024.

Repeals provisions concerning municipal elections in small towns located outside Marion County, including provisions that allow for the creation of a town election board. Provides that a municipal election in a certain town or city with a population of less than 3,500 may be held only in an even-numbered year and only at the same time as a primary or general election. Requires the county election board to conduct the elections. Specifies that an officeholder in a municipality whose term was scheduled to expire on November 2, 2027, is entitled to remain in office until a successor is elected on November 7, 2028, qualified, and begins the successor's term on January 1, 2029. Makes conforming amendments.

Provides that the fee approved by a county fiscal body to be charged by a county treasurer for providing a receipt of a property tax payment made to the county treasurer may not exceed the greater of: (1) $1; or (2) the actual cost to the county treasurer of copying the document.