Sen. Liz Brown

Requires the division of mental health and addiction to establish a training program to certify a competency evaluator to assist a court in determining competency. Provides that certain licensed individuals may examine a defendant and testify as to whether the defendant can understand the criminal proceedings and assist in the preparation of the defendant's defense. Allows a court to dismiss criminal charges, without prejudice if the defendant has a certain diagnosis and the defendant is charged with a misdemeanor or Level 6 felony. Makes conforming changes.

Provides that an action upon a deposit account must be commenced not later than two years (instead of six years under current law) after the cause of action accrues, regardless of whether the action is brought by a depositor or a depository institution..

Provides that an applicant for a transition to teaching scholarship after June 30, 2024, must be a member of a household with an annual income of $100,000 or less. Provides that any balance in the next generation Hoosier educators scholarship fund remaining after the award of next generation Hoosier educators scholarships for a fiscal year may be used to fund additional transition to teaching scholarships. Removes a provision concerning the reduction of scholarships if certain limits are exceeded.

Defines an "unlicensed real estate solicitor". Requires an unlicensed real estate solicitor to include a specific disclosure on all solicitations promoting the unlicensed real estate solicitor's intent to purchase a residential, single-family home. Provides requirements for listing agreements and buyer agency agreements. Provides remedies to a homeowner that enters into an agreement with an unlicensed real estate solicitor. Provides that it is a deceptive act enforceable by the attorney general for an unlicensed real estate solicitor to solicit the sale or purchase of real estate without the required disclosure.

Establishes a safe baby court as a type of problem solving court. Provides that a child in need of services is an eligible individual for purposes of a problem solving court program.

Authorizes the office of the secretary of family and social services to implement a risk based managed care program for certain Medicaid recipients. Requires the office of Medicaid policy and planning to convene a workgroup and, with managed care organizations, to conduct a claims submission testing period before the risk based managed care program is established.~ Provides that, during the first 210 days after the risk based managed care program is implemented, a provider that experiences a financial emergency due to claims payment issues shall receive temporary emergency assistance from the managed care organizations with which the provider is contracted. Amends statutes concerning Medicaid provider agreements, health insurance reimbursement agreements, and Medicare supplement insurance to specify that a 15 day period consists of 15 business days. Requires the Indiana department of health to grant a hospital an extension of time to file the hospital's fiscal report if the hospital shows good cause for the extension. Removes an expired provision concerning hospital fiscal reports. Eliminates the requirement that a provider who is licensed in Indiana, physically located outside Indiana, but providing telehealth services to patients who are in Indiana, file a certification constituting a waiver of jurisdiction. Makes a number of changes in the law concerning health facility administrators, including eliminating the requirement that a health facility administrator display the individual's license in a prominent location in the individual's principal office and providing that a particular course of study for administrators in training is not mandatory. Specifies: (1) the manner in which certain nurse applicants may demonstrate English proficiency; (2) that a graduate of a foreign nursing school must pass a specified examination; and (3) additional credentialing verification assessment organizations for certain nurse applicants. Prohibits a third party administrator or another person from arranging for a dental provider to provide dental services for a dental plan that sets the amount of the fee for any dental services unless the dental services are covered services under the dental plan. Provides that a contracting entity (a dental carrier, a third party administrator, or another person that enters into a provider network contract with providers of dental services) may not grant a third party access to the provider network contract or to dental services or contractual discounts provided pursuant to the provider network contract unless certain conditions are satisfied. Provides that when a dental provider network contract is entered into, renewed, or materially modified, any provider that is a party to the network contract must be allowed to choose not to participate in the third party access. Prohibits a contracting entity from: (1) altering the rights or status under a provider network contract of a dental provider that chooses not to participate in third party access; or (2) rejecting a provider as a party to a provider network contract because the provider chose not to participate in third party access. Authorizes the insurance commissioner to issue a cease and desist order against a person that violates any of these prohibitions and, if the person violates the cease and desist order, to impose a civil penalty upon the person and suspend or revoke the person's certificate of authority. Provides that if a covered individual assigns the covered individual's rights to benefits for dental services to the provider of the dental services, the dental carrier shall pay the benefits assigned by the covered individual to the provider of the dental services. However, prohibits the provider from billing the covered individual (except for a copayment, coinsurance, or a deductible amount) if the provider is in the dental carrier's network. Requires the Indiana state board of nursing to amend a specified administrative rule to conform with this act. Requires the medical licensing board to study certain rules concerning office based setting accreditations and report to the general assembly.

Adds provisions regarding a second power of appointment. Extends the period of time for which certain nonvested property interests are valid from 90 years to 360 years after the interest is created. Extends the period of time for which certain powers of appointment are valid under specified conditions from 90 years to 360 years. Makes conforming changes.

Amends the definition for "act of rape", only for the purposes of IC 31-35-3.5 (termination of parent-child relationship of an individual who committed an act of rape), to include child molestation and sexual misconduct with a minor. Provides that the department of child services or a court shall consider ensuring the child's safety to be the most important consideration in the determination of a child's best interests under family and juvenile law. Provides that there is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who was a perpetrator of a child fatality or near fatality that may have been the result of abuse, abandonment, or neglect. Adds sexual misconduct with a minor as an offense that may be alleged in a petition to terminate the parent-child relationship when a child is conceived as a result of the offense. Amends the circumstances under which a court may terminate the parent-child relationship with regard to a child in need of services.

Provides that the department of education (department) may grant certain individuals a waiver that provides an exception to the literacy endorsement requirements if the department submits a report to the legislative council by a specified date. Requires certain schools, beginning with the 2024-2025 school year, to offer summer school courses for students who are not reading proficient or are at risk of not being reading proficient as indicated on the determinant evaluation of reading skills approved by the state board of education (evaluation). Expands eligibility for funding for summer school courses. Requires certain summer school courses to be taught by a teacher, instructor, or tutor who is trained in the science of reading. Provides that if a student does not achieve a 90% attendance rate in a summer reading course, the student is required to participate in an individual reading plan in the following school year. Requires the department of education to procure a universal screening assessment (assessment) that meets certain criteria. Requires certain schools to administer the assessment to students in kindergarten through grade 2 who are not on track for reading proficiency by grade 3 as determined by the department. Requires the state board of education to establish a method for virtual administration of the ILEARN statewide assessment. Provides that a vendor must supply a student's assessment results to the student and the student's parents. Applies the reading deficiency remediation plan (plan) to public schools, charter schools, state accredited nonpublic schools, and eligible schools. Makes the following changes to the plan: (1) Beginning with evaluations administered in the 2024-2025 school year, requires retention of a student in grade 3 in addition to remediation if the student has not achieved a passing score on the evaluation. (2) Requires schools to notify a student's parent of certain assessment results, interventions, or remedial actions provided to the student. (3) Requires schools to monitor the progress of students who have failed to achieve a passing score on the evaluation or the statewide assessment program test. (4) Requires schools to provide reading instruction aligned with the science of reading to all students in kindergarten through grade 8. (5) Requires schools to administer the evaluation to students who are in grade 2. (6) Requires a student to take the evaluation until certain conditions are met. (7) Requires school reporting on interventions for certain students at risk of not being reading proficient and for certain students who do not a achieve a valid passing score on the determinant evaluation of reading skills. Creates exceptions to the grade 3 retention requirement for a student who meets certain criteria. Requires the governing body of a school to establish a procedure allowing a parent or guardian of a student to appeal the student's retention under the plan. Requires the department to notify the parent or guardian of a child enrolled in kindergarten of the retention requirements under the plan.

A SENATE RESOLUTION urging the Indiana federal congressional delegation to support the Susan Muffley Act.