Specifies the process for a managed care organization to follow concerning home modification services. Requires a patient of an opioid treatment program (program) who has tested positive on a drug test to be given a random drug test monthly until the patient passes the test. (Current law requires the patient to be tested weekly.) Allows a program to close on Sundays and federal holidays. Prohibits the division of mental health and addiction from: (1) requiring a program's medical director to have admitting privileges at a hospital; and (2) establishing rules or guidelines concerning program admission and medication that are more stringent than federal regulations. Allows specified health care providers to perform the initial assessment, examination, and evaluation of a patient being admitted to a program. Allows the medical staff of an ambulatory outpatient surgical center to make recommendations on the granting of clinical privileges or the appointment or reappointment of an applicant to the governing board of the ambulatory outpatient surgical center for a period not to exceed 36 months. (Current law allows medical staff of hospitals to make recommendations.) Establishes the certified health care professions commission (commission). Sets forth the requirements for the: (1) certification of nurse aides and qualified medication aides; and (2) registration of home health aides. Specifies the duties of the Indiana department of health and the commission in regulating these professions. Relocates provisions concerning training for home health aides and requires the commission to approve the training. Sets forth requirements on facilities in employing nurse aides. Specifies the definition of "nurse aide" for purposes of an administrative rule. Makes changes to the release of medical information statute. Modifies the duties of the center for deaf and hard of hearing education. Adds provisions regarding "family navigators" and specifies the role of family navigators in the provisions of the bill regarding the center for deaf and hard of hearing education. Allows a prescriber to prescribe certain agonist opioids through telehealth services for the treatment or management of opioid dependence. (Current law allows only a partial agonist to be prescribed through telehealth.) Allows certain residential care administrators an exemption from taking continuing education during the initial licensing period. Allows for the provision of certain anesthesia in a physician's office or a podiatrist's office without the office being accredited. (Current law allows for this in dental offices.) Requires adverse events concerning anesthesia in an office based setting to be reported to the medical licensing board of Indiana (board). Requires the board to: (1) determine the types of adverse events to be reported; (2) establish a procedure for reporting; and (3) post the adverse events on the board's website. Creates a process for certain individuals who do not have a Social Security number and who are seeking licensure by examination as a registered nurse or practical nurse to obtain a provisional license. Requires a nursing program to offer a clinical experience for clinical hours in a hospital and a health facility setting.
Sen. Liz Brown
Sponsored bills
Specifies the persons that may file an action to obtain an injunction against an individual practicing dentistry without a license and the action that is required or allowed to be included in an injunction. Specifies information that a dentist who maintains a dental office must submit to the state board of dentistry. States that language concerning the administration of dental anesthetics may not be construed to prohibit a physician from practicing in a dental office. Allows a dentist to delegate the authority to take x-ray images to a dental assistant working in certain correctional facilities without direct supervision as long as the dentist is available to supervise the dental assistant remotely. Removes certain language regarding the regulation of dentists.
Requires political subdivisions, state agencies, school corporations, and state educational institutions (public entities), with the exception of specified categories of hospitals and the Indianapolis department of public utilities (department), to adopt not later than December 31, 2027, a: (1) technology resources policy; and (2) cybersecurity policy; that meet specified requirements. Provides the department is not required to report a cybersecurity incident to the office of technology (office). Requires the office to develop: (1) standards and guidelines regarding cybersecurity for use by political subdivisions and state educational institutions; and (2) a uniform cybersecurity policy for use by state agencies. Requires the office to develop, in collaboration with the department of education: (1) a uniform technology resources policy governing use of technology resources by the employees of school corporations; and (2) a uniform cybersecurity policy for use by school corporations. Requires: (1) a public entity to biennially submit to the office the cybersecurity policy adopted by the public entity; and (2) the office to establish a procedure for collecting and maintaining a record of submitted cybersecurity policies. Requires a public entity that engages a third party to conduct an assessment of the public entity's cybersecurity policy to provide the results of the assessment to the office.
Sets forth requirements for a utilization review entity that requires prior authorization of a health care service. Prohibits a utilization review entity from requiring prior authorization for the first 12 physical therapy or chiropractic visits of each new episode of care. Provides that a claim for reimbursement for a covered service or item provided to an insured or enrollee may not be denied on the sole basis that the referring provider is an out of network provider. Repeals superseded provisions regarding prior authorization. Makes corresponding changes.
Maddy summarySB 141 establishes a new standardized procedure for law enforcement agencies to follow when conducting eyewitness identification processes. This includes both traditional lineups and in-person witness identifications. The bill aims to create a consistent approach for these procedures, directly affecting police departments and individuals who serve as witnesses in criminal investigations.
Requires the family and social services administration (FSSA) to provide address information to the department of child services (department) under specified circumstances subject to federal approval of a state plan amendment or waiver allowing FSSA to do so. Provides that it is the policy of the state of Indiana and the purpose of Indiana family and juvenile law to: (1) recognize the responsibility of the state and of the department for the safety of children who are abused or neglected; (2) recognize that a parent's interest in receiving services at the time and expense of the state for purposes of reunification is limited; (3) promote the safety of all children involved in the juvenile justice system; and (4) ensure timely placement of children in foster care into permanent homes. Provides that a procedural deadline in a: (1) child in need of services (CHINS) proceeding; or (2) termination of parent-child relationship (TPR) proceeding; is not subject to waiver by a party to the proceeding, except as permitted in specified circumstances under current law. Provides that an individual with whom a child is placed during CHINS proceedings is entitled to attend, in its entirety, any hearing conducted as part of: (1) the CHINS proceedings; or (2) TPR proceedings resulting from a TPR petition filed with regard to the child during the CHINS proceedings. Provides that a court shall allow an individual who is providing care and supervision of a child as: (1) a foster parent; (2) a long term foster parent; or (3) an unlicensed kinship caregiver; at the time the child is the subject of a CHINS proceeding or TPR proceeding to intervene as a party during any stage of the proceeding if the court makes specified findings. Provides that a court shall allow an individual who is providing care and supervision for a child to intervene in a TPR proceeding concerning the child. Provides that a child is a CHINS if, before the child becomes 18 years of age: (1) the child's physical or mental health is seriously endangered due to failure of the child's parent, guardian, or custodian to protect the child from exposure to the use, possession, sale, or manufacture of illegal drugs; and (2) the child needs care, treatment, or rehabilitation that the child is not receiving and that is unlikely to be provided or accepted without the coercive intervention of the court. Removes a rebuttable presumption in current law that a child's physical or mental health is seriously endangered based on evidence of illegal manufacture of a drug or controlled substance occurring at the child's residence and provides that there is a rebuttable presumption that a child is a CHINS if the court finds that the child's parent, guardian, or custodian willfully or knowingly: (1) exposed the child to the illegal manufacture or distribution of a legend drug or controlled substance; or (2) exposed the child to: (A) methamphetamine; (B) fentanyl; or (C) a fentanyl containing substance; for which the parent, guardian, or custodian did not have a valid prescription. Amends the factors a court must consider when determining whether to detain a child who has been removed from the child's parent, guardian, or custodian to include considerations relating to exposure of the child to a fentanyl containing substance or fentanyl related substance. Provides that the rights of the: (1) child; (2) child's parents, guardian, or custodian; (3) department; and (4) guardian ad litem or court appointed special advocate; as parties to a proceeding regarding the child under Indiana juvenile law include rights of discovery, subpoena, examination of witnesses, and presentation of evidence at any hearing in the proceeding. Provides that the statutory deadline for holding of a factfinding hearing in a CHINS proceeding may be extended if the court finds that the extension is necessitated by: (1) unanticipated, emergent circumstances; (2) the circumstances of the case; or (3) the Indiana Rules of Trial Procedure. Provides that there is a rebuttable presumption that a child is a CHINS if the court finds that the child lives in the same household as an adult who is subject to an order issued in a CHINS proceeding that requires the adult to participate in a program of care, treatment, or rehabilitation. Adds factors that a court must consider in determining appropriate reunification services in which a child's parent, guardian, or custodian will be required to participate under the child's dispositional decree. Provides that: (1) a dispositional decree that: (A) is entered under specified circumstances; and (B) requires a parent, guardian, or custodian to complete reunification services; may not provide for the parent, guardian, or custodian to receive the reunification services for more than a specified length of time, subject to extension for specified causes; and (2) a court reviewing the dispositional decree shall consider the amount of time remaining for the parent, guardian, or custodian to complete the reunification services. Specifies that the requirement that a court reviewing a dispositional decree must determine whether the department has made reasonable efforts to provide family services does not apply if a finding has been made that reasonable efforts for family preservation or reunification are not required. Provides that in determining the extent to which reasonable efforts to reunify or preserve a family are appropriate, the child's welfare (in addition to the child's health and safety, under current law) is of paramount concern. Provides that if the department conducts a criminal history check of: (1) a parent, guardian, or custodian; or (2) a household member of the parent, guardian, or custodian; before reunifying a child with the parent, guardian, or custodian, the department shall (rather than may, under current law) use the results of the criminal history check to decide whether it is safe for the child to return home and shall provide the results of the criminal history check to the court. Requires a court to hold a permanency hearing for a child: (1) who has been removed from the child's parent, guardian, or custodian for at least 12 months; or (2) with regard to whom at least 12 months have expired since a dispositional decree was entered; at the request of any party to the CHINS proceeding that requests a permanency hearing on the basis that continuation of efforts to reunify or preserve the child's family are inconsistent with the best interests of the child. Provides that if a child has, at the time of a permanency hearing, been removed from the child's parent for at least 12 of the most recent 22 months, the permanency plan for the child must include at least one intended permanent or long term care and custody arrangement that would not return the child to the care and custody of the parent, guardian, or custodian from whose care and custody the child has been removed. Provides that if a child is less than 16 years of age, the intended permanent or long term care and custody arrangement for the child may be guardianship or placement with a permanent custodian only if the proposed guardian or custodian appears before the court and testifies as to the individual's willingness to assume custody of the child. Provides that: (1) if a court approves a permanency plan for a child under which adoption is the only intended permanent or long term care and custody arrangement, the department shall publish specified information regarding the child to facilitate adoption of the child; and (2) the information published by the department to facilitate adoption of a child who is: (A) a CHINS; and (B) a hard to place child; may include the child's first name and picture. Requires a court to hold an initial hearing on a TPR petition not later than 30 days after the petition is filed. Provides that under specified circumstances, a TPR petition regarding a child and the child's parent: (1) must be filed by the department; and (2) may be filed by: (A) the child's guardian ad litem or court appointed special advocate; or (B) an individual: (i) with whom the child is placed during the CHINS proceedings; and (ii) who is an intervenor in the CHINS proceedings. Amends the allegations that may be asserted in a TPR petition. Removes a provision requiring a person that files a TPR petition to also file a: (1) copy of the order approving the permanency plan for the child; or (2) permanency plan for the child. Provides that the deadline for holding a hearing regarding a TPR petition may be extended if the court finds that extension of the deadline is necessitated by: (1) unanticipated, emergent circumstances; (2) the circumstances of the case; or (3) the Indiana Rules of Trial Procedure. Provides that a representative of a licensed child placing agency that is providing services to a child during child in need of services (CHINS) proceedings is entitled to attend, in its entirety, any hearing conducted as part of: (1) the CHINS proceedings; or (2) termination of parent-child relationship (TPR) proceedings resulting from a TPR petition filed with regard to the child during the CHINS proceedings. Provides that the requirement that DCS publish specified information regarding a child to facilitate adoption of the child does not apply if the child is already in a pre-adoptive placement in a proposed adoptive home. Makes conforming and technical changes.
Establishes the child welfare task force (task force) to study specified topics regarding child welfare services in Indiana. Requires the task force to submit a report not later than October 15, 2026, and not later than October 15, 2027, for review by the interim study committee on child services.
Allows the office of the secretary of family and social services (office of the secretary) to study and prepare a report containing recommendations for realigning and consolidating the local area agency on aging (area agency) planning and service areas. Amends the definition of "community and home care services" for purposes of community and home options to institutional care for the elderly and disabled program (CHOICE). Prohibits the division of aging from requiring a CHOICE provider to be certified under the Medicaid program or a Medicaid waiver program. Creates an exception for a provider of certain services. Requires an area agency to prioritize CHOICE funding to identify specified individuals and provide community and home care services to these individuals. Requires the office of the secretary, in negotiating reimbursement rates for CHOICE services, to consider the location and availability of service providers. Authorizes the office of the secretary to establish a Medicaid diversion pilot program to evaluate the effectiveness of home modification and telehealth enhanced chronic care services provided by specified area agencies in reducing Medicaid expenditures. Allows the office of the secretary, a managed care organization that has contracted with the office of Medicaid policy and planning, and a person who has contracted with a certain managed care organization or the office of the secretary to contract with an area agency to provide and receive reimbursement for a level of care assessment for the: (1) health and wellness Medicaid waiver; (2) traumatic brain injury Medicaid waiver; and (3) risk based managed care program for the covered population.
Adds additional duties to a workgroup currently organized concerning the pathways for aging risk based managed care program (program). Requires the office of the secretary of family and social services (office of the secretary) to determine the base reimbursement rate structure, methodology, and reimbursement rates for provider payment by managed care organizations under the program. Allows the office of the secretary to perform claims reviews of claims under the program. Requires a managed care organization participating in the program to do the following: (1) Contract with nursing facilities if certain conditions are met under the same terms for a specified time frame. (2) Submit monthly reports for claims that had a denial rate of at least five percent in the previous month. (3) Pay minimum reimbursement rates to providers. (4) Pay interest on unpaid claims that are later determined to be clean claims. Sets forth the powers and duties of the office of the secretary concerning Medicaid home and community based services waivers. 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 a home and community based services waiver that included assisted living services as an available services before July 1, 2025; (2) these provisions apply to an individual receiving services under a home and community based services waiver; and (3) 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 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 the unit of services for the deaf and hard of hearing and the division (rather than the unit and the board of interpreters) to adopt rules creating standings for interpreters. Removes provisions concerning the board of interpreters. 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 language concerning a long term care services eligibility screen for purposes of the Community and Home Options to Institutional Care for the Elderly and Disabled program (CHOICE). Authorizes the division of disability and rehabilitative services to charge an authorized service provider that employs a direct service professional an annual fee. Establishes the direct support professional training program fund and appropriates money in the fund.
Provides that a governmental entity may not substantially burden certain parental rights unless the burden, as applied to the parent and the child, is required to advance a compelling governmental interest and is the least restrictive means of advancing the governmental interest. Prohibits a governmental entity from: (1) advising, directing, or coercing a child to withhold certain information from the child's parent; or (2) denying a child's parent access to certain information. Allows a parent to bring an action against a governmental entity for certain violations and provides for certain relief. Specifies that the parent of a child does not have a right to access certain medical care on behalf of the child if the child does not have an affirmative right of access to the medical care.