*EH1222.1*
February 8, 2022
ENGROSSED
HOUSE BILL No. 1222
_____
DIGEST OF HB 1222 (Updated February 7, 2022 10:47 am - DI 148)
Citations Affected: IC 12-7; IC 12-9; IC 12-11; IC 12-12.5; IC 12-13;
IC 12-15; IC 12-17.2; IC 12-21; IC 35-36.
Synopsis: Various FSSA matters. Allows the family and social
services administration to deny or revoke licensing for a child care
home based on a household member's conviction for certain specified
criminal offenses. Removes a limitation specifying that an occupancy
provision regarding school-age children in class I child care homes
applies only during the school year. Eliminates the bureau of quality
improvement services and reassigns the bureau's responsibilities to the
bureau of developmental disabilities services. Renames the bureau of
child care as the office of early childhood and out of school learning.
Amends the required composition of mobile crisis teams that provide
(Continued next page)
Effective: July 1, 2022.
Ziemke, DeVon, Olthoff, Jackson
(SENATE SPONSORS — CRIDER, FORD JON)
January 6, 2022, read first time and referred to Committee on Family, Children and Human
Affairs.
January 13, 2022, amended, reported — Do Pass.
January 18, 2022, read second time, ordered engrossed.
January 19, 2022, engrossed.
January 20, 2022, read third time, passed. Yeas 86, nays 0.
SENATE ACTION
February 1, 2022, read first time and referred to Committee on Family and Children
Services.
February 7, 2022, amended, reported favorably — Do Pass.
EH 1222—LS 7185/DI 148 Digest Continued
behavioral health services in conjunction with the 9-8-8 suicide
prevention hotline. Provides that a contract entered into with a third
party by the division of mental health and addiction (division) for
provision of competency restoration services to a defendant may confer
to the third party all authority the division would have in providing the
services to the defendant at a state psychiatric institution. Requires the
division of mental health and addiction to: (1) establish a plan to
expand the use of certified community behavioral health clinics in
Indiana; and (2) make certain considerations in preparing the plan.
Allows the office of the secretary of family and social services to apply
for a Medicaid waiver to provide behavioral health services to a
committed offender held by the department of correction. Makes
conforming amendments.
EH 1222—LS 7185/DI 148EH 1222—LS 7185/DI 148 February 8, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1222
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-7-2-24, AS AMENDED BY P.L.1-2007,
2 SECTION 104, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 24. "Bureau" means the following:
4 (1) For purposes of IC 12-10, the bureau of aging and in-home
5 services established by IC 12-10-1-1.
6 (2) For purposes of IC 12-11, the bureau of developmental
7 disabilities services established by IC 12-11-1.1-1.
8 (3) For purposes of IC 12-12, the rehabilitation services bureau of
9 the division of disability and rehabilitative services established by
10 IC 12-12-1-1.
11 (4) For purposes of IC 12-12.5, the bureau of quality
12 improvement services established by IC 12-12.5-1-1.
13 SECTION 2. IC 12-7-2-33.7, AS AMENDED BY P.L.197-2011,
14 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 33.7. (a) As used in this chapter, "class I child
16 care home" means a child care home that serves any combination of
17 full-time and part-time children, not to exceed at any one (1) time
EH 1222—LS 7185/DI 148 2
1 twelve (12) children plus three (3) children during the school year only
2 who are enrolled in at least full-day kindergarten. Except as provided
3 in IC 12-17.2-5-6.3(b), the addition of three (3) school age children
4 may not occur during a break in the school year that exceeds four (4)
5 weeks.
6 (b) A child:
7 (1) for whom a provider of care in the child care home is a parent,
8 stepparent, guardian, custodian, or other relative and who is at
9 least seven (7) years of age; or
10 (2) who is at least fourteen (14) years of age and does not require
11 child care;
12 shall not be counted in determining whether the child care home is
13 within the limit set forth in subsection (a).
14 SECTION 3. IC 12-7-2-69, AS AMENDED BY P.L.85-2017,
15 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2022]: Sec. 69. (a) "Division", except as provided in
17 subsections (b) and (c), refers to any of the following:
18 (1) The division of disability and rehabilitative services
19 established by IC 12-9-1-1.
20 (2) The division of aging established by IC 12-9.1-1-1.
21 (3) The division of family resources established by IC 12-13-1-1.
22 (4) The division of mental health and addiction established by
23 IC 12-21-1-1.
24 (b) The term refers to the following:
25 (1) For purposes of the following statutes, the division of
26 disability and rehabilitative services established by IC 12-9-1-1:
27 (A) IC 12-9.
28 (B) IC 12-11.
29 (C) IC 12-12.
30 (D) IC 12-12.5.
31 (E) (D) IC 12-12.7.
32 (F) (E) IC 12-28-5.
33 (2) For purposes of the following statutes, the division of aging
34 established by IC 12-9.1-1-1:
35 (A) IC 12-9.1.
36 (B) IC 12-10.
37 (C) IC 12-10.5.
38 (3) For purposes of the following statutes, the division of family
39 resources established by IC 12-13-1-1:
40 (A) IC 12-13.
41 (B) IC 12-14.
42 (C) IC 12-15.
EH 1222—LS 7185/DI 148 3
1 (D) IC 12-16.
2 (E) IC 12-17.2.
3 (F) IC 12-18.
4 (G) IC 12-19.
5 (H) IC 12-20.
6 (4) For purposes of the following statutes, the division of mental
7 health and addiction established by IC 12-21-1-1:
8 (A) IC 12-21.
9 (B) IC 12-22.
10 (C) IC 12-23.
11 (D) IC 12-25.
12 (c) With respect to a particular state institution, the term refers to
13 the division whose director has administrative control of and
14 responsibility for the state institution.
15 (d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
16 refers to the division whose director has administrative control of and
17 responsibility for the appropriate state institution.
18 SECTION 4. IC 12-9-1-3, AS AMENDED BY P.L.210-2015,
19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 3. The division consists of the following bureaus:
21 (1) The rehabilitation services bureau established by
22 IC 12-12-1-1.
23 (2) The bureau of developmental disabilities services established
24 by IC 12-11-1.1-1.
25 (3) The bureau of quality improvement services established by
26 IC 12-12.5-1-1.
27 (4) (3) The bureau of child development services established by
28 IC 12-12.7-1-1.
29 SECTION 5. IC 12-9-5-3, AS AMENDED BY P.L.1-2007,
30 SECTION 116, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]: Sec. 3. The division shall administer the
32 following programs:
33 (1) Programs established under any of the following statutes:
34 (A) This article.
35 (B) IC 12-11.
36 (C) IC 12-12.
37 (D) IC 12-12.5.
38 (E) (D) IC 12-12.7.
39 (2) Programs under the following statutes, to the extent the
40 division has responsibilities for programs under those statutes:
41 (A) IC 12-24.
42 (B) IC 12-26.
EH 1222—LS 7185/DI 148 4
1 (C) IC 12-27.
2 (D) IC 12-28.
3 (E) IC 12-29.
4 (3) Supported employment for a person with developmental
5 disabilities.
6 (4) Epilepsy service centers program.
7 (5) Epilepsy clinic program.
8 (6) Medicaid waivers for in-home services for treatment of
9 developmental disabilities.
10 SECTION 6. IC 12-11-1.1-1, AS AMENDED BY P.L.210-2015,
11 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 1. (a) The bureau of developmental disabilities
13 services is established within the division.
14 (b) The bureau shall plan, coordinate, and administer the provision
15 of individualized, integrated community based services for individuals
16 with a developmental disability and their families, within the limits of
17 available resources. The planning and delivery of services must be
18 based on future plans of the individual with a developmental disability
19 rather than on traditional determinations of eligibility for discrete
20 services, with an emphasis on the preferences of the individual with a
21 developmental disability and that individual's family.
22 (c) Services for individuals with a developmental disability must be
23 services that meet the following conditions:
24 (1) Are provided under public supervision.
25 (2) Are designed to meet the developmental needs of individuals
26 with a developmental disability.
27 (3) Meet all required state and federal standards.
28 (4) Are provided by qualified personnel.
29 (5) To the extent appropriate, are provided in home and
30 community based settings in which individuals without
31 disabilities participate.
32 (6) Are provided in conformity with a service plan developed
33 under IC 12-11-2.1-2.
34 (d) The bureau shall approve entities to provide community based
35 services and supports as follows:
36 (1) Beginning July 1, 2011, the bureau shall ensure that an entity
37 approved to provide day services, identified day habilitation,
38 including facility based or community based habilitation,
39 prevocational services, or employment services under home and
40 community based services waivers is accredited by an approved
41 national accrediting body described in subsection (j).
42 (2) Beginning July 1, 2012, the bureau shall ensure that an entity
EH 1222—LS 7185/DI 148 5
1 approved to provide residential habilitation and support services
2 under home and community based services waivers is accredited
3 by an approved national accrediting body. However, if an entity
4 is accredited to provide home and community based services
5 under subdivision (1) other than residential habilitation and
6 support services, the bureau may extend the time that the entity
7 has to comply with this subdivision until the earlier of the
8 following:
9 (A) The completion of the entity's next scheduled accreditation
10 survey.
11 (B) July 1, 2015.
12 (e) Subject to subsection (k), the bureau shall initially approve,
13 reapprove, and monitor community based residential, habilitation, and
14 employment service providers that provide alternatives to placement of
15 individuals with a developmental disability in state institutions and
16 health facilities licensed under IC 16-28 for individuals with a
17 developmental disability. The services must simulate, to the extent
18 feasible, patterns and conditions of everyday life that are as close as
19 possible to the conditions in which individuals without disabilities
20 participate. The community based service categories include the
21 following:
22 (1) Supervised group living programs, which serve at least four
23 (4) individuals and not more than eight (8) individuals, are funded
24 by Medicaid, and are licensed by the division.
25 (2) Supported living service arrangements to meet the unique
26 needs of individuals in integrated settings. Supported living
27 service arrangements providing residential services may not serve
28 more than four (4) unrelated individuals in any one (1) setting.
29 However, a program that:
30 (A) is in existence on January 1, 2013, as a supervised group
31 living program described in subdivision (1); and
32 (B) has more than four (4) individuals residing as part of the
33 program;
34 may convert to a supported living service arrangement under this
35 subdivision and continue to provide services to up to the same
36 number of individuals in the supported living setting.
37 (f) To the extent that services described in subsection (e) are
38 available and meet the individual's needs, an individual is entitled to
39 receive services in the least restrictive environment possible.
40 (g) Community based services under subsection (e)(1) or (e)(2)
41 must consider the needs of and provide choices and options for:
42 (1) individuals with a developmental disability; and
EH 1222—LS 7185/DI 148 6
1 (2) families of individuals with a developmental disability.
2 (h) The bureau shall administer a system of service coordination to
3 carry out this chapter.
4 (i) The bureau may issue orders under IC 4-21.5-3-6 against a
5 provider that violates rules issued by the bureau for programs in which
6 the provider is providing services in accordance with section 11 of this
7 chapter.
8 (j) For purposes of subsections (d) and (k), "approved national
9 accrediting body" means any of the following:
10 (1) The Commission on Accreditation of Rehabilitation Facilities
11 (CARF), or its successor.
12 (2) The Council on Quality and Leadership In Supports for People
13 with Disabilities, or its successor.
14 (3) The Joint Commission on Accreditation of Healthcare
15 Organizations (JCAHO), or its successor.
16 (4) The ISO-9001 human services QA system.
17 (5) The Council on Accreditation, or its successor.
18 (6) An independent national accreditation organization approved
19 by the secretary.
20 (k) An entity that is accredited by an approved national accrediting
21 body is not subject to reapproval surveys or routine monitoring surveys
22 by the division or bureau, or bureau of quality improvement services,
23 including any reapproval survey under a home and community based
24 services waiver. However, the bureau may perform validation surveys
25 and complaint investigations of an entity accredited by an approved
26 national accrediting body.
27 (l) The bureau shall monitor services provided by the following:
28 (1) An entity that provides services to an individual with funds
29 provided by the bureau or under the authority of the bureau.
30 (2) An entity that has entered into a provider agreement
31 under IC 12-15-11 to provide Medicaid in-home waiver
32 services.
33 (m) The bureau shall establish and administer a complaint
34 process for the following:
35 (1) An individual who receives services from an entity with
36 funds provided through the bureau or under the authority of
37 the bureau.
38 (2) An entity that has entered into a provider agreement
39 under IC 12-15-11 to provide Medicaid in-home waiver
40 services.
41 SECTION 7. IC 12-12.5 IS REPEALED [EFFECTIVE JULY 1,
42 2022]. (QUALITY IMPROVEMENT SERVICES).
EH 1222—LS 7185/DI 148 7
1 SECTION 8. IC 12-13-6-1, AS AMENDED BY P.L.210-2015,
2 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. The following bureaus are established within
4 the division:
5 (1) A bureau of child care. An office of early childhood and out
6 of school learning.
7 (2) A bureau of economic independence.
8 SECTION 9. IC 12-15-1.3-24 IS ADDED TO THE INDIANA
9 CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 24. (a) Notwithstanding any other law, the
11 secretary, through the office, may apply to the United States
12 Department of Health and Human Services for a Medicaid waiver
13 to provide Medicaid reimbursement by:
14 (1) the office; or
15 (2) a contractor of the office;
16 for eligible services provided by qualified medical personnel (as
17 defined in IC 11-10-3-1) to provide behavioral health services to a
18 committed offender held by the department of correction if the
19 secretary determines that the waiver is necessary to claim any
20 enhanced federal matching funds available for the Medicaid
21 program or programs funded through Medicaid.
22 (b) Nothing in this section obligates the secretary to apply for a
23 waiver under this section.
24 (c) If the United States Centers for Medicare and Medicaid
25 Services determines that a waiver similar to the waiver described
26 in subsection (a) is no longer available to the state, this section is
27 void.
28 SECTION 10. IC 12-17.2-5-4, AS AMENDED BY P.L.156-2020,
29 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 4. (a) The following constitute sufficient grounds
31 for a denial of a license application:
32 (1) A determination by the department of child services
33 established by IC 31-25-1-1 of child abuse or neglect (as defined
34 in IC 31-9-2-14) by:
35 (A) the applicant;
36 (B) a member of the applicant's household;
37 (C) an employee of the applicant who may be present on the
38 premises of the child care home during operating hours of the
39 child care home; or
40 (D) a volunteer of the applicant who may be present on the
41 premises of the child care home during operating hours of the
42 child care home.
EH 1222—LS 7185/DI 148 8
1 (2) A criminal conviction of the applicant, or an employee or
2 volunteer of the applicant who may be present on the premises of
3 the child care home during operating hours of the child care
4 home, or a member of the applicant's household, of any of the
5 following:
6 (A) A felony:
7 (i) related to the health or safety of a child;
8 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
9 (iii) that is a dangerous felony; or
10 (iv) that is not a felony otherwise described in items (i)
11 through (iii), and less than ten (10) years have elapsed from
12 the date the person was discharged from probation,
13 imprisonment, or parole, whichever discharge date is latest.
14 (B) A misdemeanor related to the health or safety of a child.
15 (C) A misdemeanor for operating a child care center without
16 a license under IC 12-17.2-4-35, or a substantially similar
17 offense committed in another jurisdiction if the offense is
18 directly or indirectly related to jeopardizing the health or
19 safety of a child.
20 (D) A misdemeanor for operating a child care home without a
21 license under section 35 of this chapter, or a substantially
22 similar offense committed in another jurisdiction if the offense
23 is directly or indirectly related to jeopardizing the health or
24 safety of a child.
25 (3) A determination by the division that the applicant made false
26 statements in the applicant's application for licensure.
27 (4) A determination by the division that the applicant made false
28 statements in the records required by the division.
29 (5) A determination by the division that the applicant previously
30 operated a:
31 (A) child care center without a license under IC 12-17.2-4; or
32 (B) child care home without a license under this chapter.
33 (b) Notwithstanding subsection (a)(2), if:
34 (1) a license application is denied due to a criminal conviction of:
35 (A) an employee or a volunteer of the applicant; or
36 (B) a member of the applicant's household; and
37 (2) the division determines that the:
38 (A) employee or volunteer has been dismissed by the
39 applicant; or
40 (B) member of the applicant's household is no longer a
41 member of the applicant's household;
42 the criminal conviction of the former employee, former volunteer, or
EH 1222—LS 7185/DI 148 9
1 former member does not require denial of a license application.
2 SECTION 11. IC 12-17.2-5-6.3, AS AMENDED BY P.L.162-2005,
3 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 6.3. (a) To qualify for a license to operate a class
5 I child care home under this chapter, a person must do the following:
6 (1) Provide documentation to the division that the licensee has
7 received a high school diploma or a high school equivalency
8 certificate as described in IC 12-14-5-2.
9 (2) Provide documentation to the division that the licensee:
10 (A) has completed;
11 (B) is enrolled in; or
12 (C) agrees to complete within the next three (3) years;
13 a child development associate credential program or a similar
14 program approved by the division.
15 (3) Complete the training course taught or approved by the
16 division concerning safe sleeping practices for a child within the
17 person's care as described in IC 12-17.2-2-1(10).
18 The division may grant a waiver or variance of the requirement under
19 subdivision (2).
20 (b) A class I child care home may serve a three (3) school age child
21 during a break in the school year that exceeds four (4) weeks children
22 under IC 12-7-2-33.7 if the child care home meets the following
23 conditions: are met:
24 (1) The school age child:
25 (A) was in the home part time during the four (4) months
26 preceding the break; or
27 (B) has a sibling attending the child care home.
28 (2) The child care home meets the following requirements:
29 (A) (1) Provides at least thirty-five (35) square feet for each child.
30 (B) (2) Maintains the child to staff ratio required under rules
31 adopted by the division for each age group of children in
32 attendance.
33 (C) Provides age appropriate toys, games, equipment, and
34 activities for each age group of children enrolled.
35 (D) If the licensee does not reside in the child care home, the
36 child care home has:
37 (i) at least two (2) exits that comply with the exit
38 requirements for an E-3 building occupancy classification
39 under the Indiana building code adopted by the fire
40 prevention and building safety commission; and
41 (ii) (3) Has an illuminated exit sign over each required exit or
42 emergency lighting for each required exit.
EH 1222—LS 7185/DI 148 10
1 (3) The licensee for the child care home has maintained a class I
2 child care home license for at least twelve (12) children:
3 (A) for at least one (1) year; and
4 (B) without any citations for noncompliance.
5 SECTION 12. IC 12-17.2-5-6.5, AS AMENDED BY P.L.145-2006,
6 SECTION 101, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 6.5. (a) To qualify for a license to
8 operate a class II child care home under this chapter, a person must do
9 the following:
10 (1) Provide all child care services on the first story of the child
11 care home unless the class II child care home meets the
12 exceptions to the first story requirements contained in the Indiana
13 building code adopted by the fire prevention and building safety
14 commission in effect at the time the class II child care home
15 provider applies for licensure.
16 (2) Provide a smoke detection system that is:
17 (A) hard wired to the building's electrical system; and
18 (B) wired in a manner that activates all of the detector devices
19 in the building when one (1) detector device is activated.
20 (3) Provide a fire extinguisher in each room that is used to
21 provide child care services.
22 (4) Meet:
23 (A) the exit requirements for an E-3 building occupancy
24 classification under the Indiana building code adopted by the
25 fire prevention and building safety commission, except for any
26 illumination requirements, in effect at the time the class II
27 child care home provider initially applies for licensure; and
28 (B) the illumination requirements established in section
29 6.3(b)(2)(D) 6.3(b)(3) of this chapter.
30 (5) Provide a minimum of thirty-five (35) square feet for each
31 child.
32 (6) Conduct fire drills required under article 37 of the Indiana fire
33 prevention code adopted by the fire prevention and building
34 safety commission in effect at the time the class II child care
35 home provider applies for licensure.
36 (7) Apply for a license before July 1, 1996, or after June 30, 2001.
37 (8) Comply with rules adopted by the division of family resources
38 for class II child care homes.
39 (9) Complete the training course taught or approved by the
40 division concerning safe sleeping practices for a child within the
41 person's care as described in IC 12-17.2-2-1(10).
42 (b) To qualify for a license to operate a class II child care home
EH 1222—LS 7185/DI 148 11
1 under this chapter, a person, before applying for the license, must have:
2 (1) a class I child care home license; or
3 (2) at least one (1) year of experience as a caregiver in a child
4 care home or child care center.
5 SECTION 13. IC 12-17.2-5-32, AS AMENDED BY P.L.121-2020,
6 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 32. (a) The following constitute sufficient grounds
8 for revocation of a license:
9 (1) A determination by the department of child services of child
10 abuse or neglect (as defined in IC 31-9-2-14) by:
11 (A) the licensee;
12 (B) a member of the licensee's household;
13 (C) an employee of the licensee who may be present on the
14 premises of the child care home during operating hours of the
15 child care home; or
16 (D) a volunteer of the licensee who may be present on the
17 premises of the child care home during operating hours of the
18 child care home.
19 (2) A criminal conviction of the licensee, or an employee or
20 volunteer of the licensee who may be present on the premises of
21 the child care home during operating hours of the child care
22 home, or a member of the licensee's household of any of the
23 following:
24 (A) A felony:
25 (i) related to the health or safety of a child;
26 (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
27 (iii) that is a dangerous felony; or
28 (iv) that is not a felony otherwise described in items (i)
29 through (iii), and less than ten (10) years have elapsed from
30 the date the person was discharged from probation,
31 imprisonment, or parole, whichever discharge date is latest.
32 (B) A misdemeanor related to the health or safety of a child.
33 (C) A misdemeanor for operating a child care center without
34 a license under IC 12-17.2-4-35, or a substantially similar
35 offense committed in another jurisdiction if the offense is
36 directly or indirectly related to jeopardizing the health or
37 safety of a child.
38 (D) A misdemeanor for operating a child care home without a
39 license under section 35 of this chapter, or a substantially
40 similar offense committed in another jurisdiction if the offense
41 is directly or indirectly related to jeopardizing the health or
42 safety of a child.
EH 1222—LS 7185/DI 148 12
1 (3) A determination by the division that the licensee made false
2 statements in the licensee's application for licensure.
3 (4) A determination by the division that the licensee made false
4 statements in the records required by the division.
5 (5) A determination by the division that the licensee previously
6 operated a:
7 (A) child care center without a license under IC 12-17.2-4; or
8 (B) child care home without a license under this chapter.
9 (b) Notwithstanding subsection (a)(2), if:
10 (1) a license is revoked due to a criminal conviction of:
11 (A) an employee or a volunteer of the licensee's; or
12 (B) a resident of the licensee's household; and
13 (2) the division determines that the:
14 (A) employee or volunteer has been dismissed by the licensee;
15 or
16 (B) member of the licensee's household is no longer a member
17 of the licensee's household;
18 the criminal conviction of the former employee, former volunteer, or
19 former member does not require revocation of a license.
20 SECTION 14. IC 12-21-5-8 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2022]: Sec. 8. (a) As used in this section, "certified community
23 behavioral health clinic" refers to a community behavioral health
24 clinic that has been certified according to criteria established by
25 the Secretary of the United States Department of Health and
26 Human Services under Section 223 of the federal Protecting Access
27 to Medicare Act of 2014 (P.L. 113-93).
28 (b) Not later than November 1, 2022, the division shall establish
29 a plan to expand the use of certified community behavioral health
30 clinics in Indiana.
31 (c) The division shall, in preparing the plan required under
32 subsection (b), consider the following:
33 (1) Use of crisis hotline centers and mobile crisis teams, as
34 described in IC 12-21-8.
35 (2) Use of the federal Substance Abuse and Mental Health
36 Services Administration Certified Community Behavioral
37 Health Clinic Expansion Grants.
38 (3) Potential expansion of Medicaid certified community
39 behavioral health clinics under Section 223 of the federal
40 Protecting Access to Medicare Act of 2014 (P.L. 113-93).
41 (4) Restructuring state funding for behavioral health services
42 through prospective payment or another financing model.
EH 1222—LS 7185/DI 148 13
1 SECTION 15. IC 12-21-8-10, AS ADDED BY P.L.207-2021,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 10. (a) The division shall coordinate:
4 (1) available onsite response services of crisis calls using state
5 and locally funded mobile crisis teams; and
6 (2) crisis receiving and stabilization services resulting from a
7 9-8-8 call.
8 (b) The mobile crisis teams must include: the following:
9 (1) Jurisdiction based behavioral health teams, including:
10 (1) a peer certified by the division; and
11 (2) at least one (1) of the following:
12 (A) A behavioral health professional licensed under
13 IC 25-23.6. and
14 (B) peers certified by the division. An other behavioral
15 health professional (OBHP), as defined in 440 IAC 11-1-12.
16 (2) (C) Emergency medical services personnel licensed under
17 IC 16-31.
18 (3) (D) Law enforcement based coresponder behavioral health
19 teams.
20 (c) Crisis response services provided by a mobile crisis team
21 must be provided under the supervision of:
22 (1) a behavioral health professional licensed under IC 25-23.6;
23 (2) a licensed physician; or
24 (3) a licensed advance practice nurse or clinical nurse
25 specialist.
26 The supervision required under this subsection may be performed
27 remotely.
28 SECTION 16. IC 35-36-3-1, AS AMENDED BY P.L.161-2018,
29 SECTION 120, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) If at any time before the final
31 submission of any criminal case to the court or the jury trying the case,
32 the court has reasonable grounds for believing that the defendant lacks
33 the ability to understand the proceedings and assist in the preparation
34 of a defense, the court shall immediately fix a time for a hearing to
35 determine whether the defendant has that ability. The court shall
36 appoint two (2) or three (3) competent, disinterested:
37 (1) psychiatrists;
38 (2) psychologists endorsed by the Indiana state board of
39 examiners in psychology as health service providers in
40 psychology; or
41 (3) physicians;
42 who have expertise in determining competency. At least one (1) of the
EH 1222—LS 7185/DI 148 14
1 individuals appointed under this subsection must be a psychiatrist or
2 psychologist. However, none may be an employee or a contractor of a
3 state institution (as defined in IC 12-7-2-184). The individuals who are
4 appointed shall examine the defendant and testify at the hearing as to
5 whether the defendant can understand the proceedings and assist in the
6 preparation of the defendant's defense.
7 (b) At the hearing, other evidence relevant to whether the defendant
8 has the ability to understand the proceedings and assist in the
9 preparation of the defendant's defense may be introduced. If the court
10 finds that the defendant has the ability to understand the proceedings
11 and assist in the preparation of the defendant's defense, the trial shall
12 proceed. If the court finds that the defendant lacks this ability, it shall
13 delay or continue the trial and order the defendant committed to the
14 division of mental health and addiction. The division of mental health
15 and addiction shall provide competency restoration services or enter
16 into a contract for the provision of competency restoration services by
17 a third party in the:
18 (1) location where the defendant currently resides; or
19 (2) least restrictive setting appropriate to the needs of the
20 defendant and the safety of the defendant and others.
21 However, if the defendant is serving an unrelated executed sentence in
22 the department of correction at the time the defendant is committed to
23 the division of mental health and addiction under this section, the
24 division of mental health and addiction shall provide competency
25 restoration services or enter into a contract for the provision of
26 competency restoration services by a third party at a department of
27 correction facility agreed upon by the division of mental health and
28 addiction or the third party contractor and the department of correction.
29 A contract entered into with a third party under this subsection
30 may confer to the third party all authority the division would have
31 in providing competency restoration services to the defendant at a
32 state institution (as defined in IC 12-7-2-184).
33 (c) If the court makes a finding under subsection (b), the court shall
34 transmit any information required by the office of judicial
35 administration to the office of judicial administration for transmission
36 to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
37 IC 33-24-6-3.
EH 1222—LS 7185/DI 148 15
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1222, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 11, after line 41, begin a new paragraph and insert:
"SECTION 13. IC 12-21-8-10, AS ADDED BY P.L.207-2021,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 10. (a) The division shall coordinate:
(1) available onsite response services of crisis calls using state
and locally funded mobile crisis teams; and
(2) crisis receiving and stabilization services resulting from a
9-8-8 call.
(b) The mobile crisis teams must include: the following:
(1) Jurisdiction based behavioral health teams, including:
(1) a peer certified by the division; and
(2) at least one (1) of the following:
(A) A behavioral health professional licensed under
IC 25-23.6. and
(B) peers certified by the division. An other behavioral
health professional (OBHP), as defined in 440 IAC 11-1-12.
(2) (C) Emergency medical services personnel licensed under
IC 16-31.
(3) (D) Law enforcement based coresponder behavioral health
teams.
(c) Crisis response services provided by a mobile crisis team
must be provided under the supervision of:
(1) a behavioral health professional licensed under IC 25-23.6;
(2) a licensed physician; or
(3) a licensed advance practice nurse or clinical nurse
specialist.
The supervision required under this subsection may be performed
remotely.
SECTION 14. IC 35-36-3-1, AS AMENDED BY P.L.161-2018,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 1. (a) If at any time before the final
submission of any criminal case to the court or the jury trying the case,
the court has reasonable grounds for believing that the defendant lacks
the ability to understand the proceedings and assist in the preparation
of a defense, the court shall immediately fix a time for a hearing to
determine whether the defendant has that ability. The court shall
appoint two (2) or three (3) competent, disinterested:
EH 1222—LS 7185/DI 148 16
(1) psychiatrists;
(2) psychologists endorsed by the Indiana state board of
examiners in psychology as health service providers in
psychology; or
(3) physicians;
who have expertise in determining competency. At least one (1) of the
individuals appointed under this subsection must be a psychiatrist or
psychologist. However, none may be an employee or a contractor of a
state institution (as defined in IC 12-7-2-184). The individuals who are
appointed shall examine the defendant and testify at the hearing as to
whether the defendant can understand the proceedings and assist in the
preparation of the defendant's defense.
(b) At the hearing, other evidence relevant to whether the defendant
has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
A contract entered into with a third party under this subsection
may confer to the third party all authority the division would have
in providing competency restoration services to the defendant at a
state institution (as defined in IC 12-7-2-184).
(c) If the court makes a finding under subsection (b), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
EH 1222—LS 7185/DI 148 17
IC 33-24-6-3.".
and when so amended that said bill do pass.
(Reference is to HB 1222 as introduced.)
DEVON
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1222, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 7, line 3, strike "bureaus".
Page 7, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 9. IC 12-15-1.3-24 IS ADDED TO THE INDIANA
CODE AS NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 24. (a) Notwithstanding any other law, the
secretary, through the office, may apply to the United States
Department of Health and Human Services for a Medicaid waiver
to provide Medicaid reimbursement by:
(1) the office; or
(2) a contractor of the office;
for eligible services provided by qualified medical personnel (as
defined in IC 11-10-3-1) to provide behavioral health services to a
committed offender held by the department of correction if the
secretary determines that the waiver is necessary to claim any
enhanced federal matching funds available for the Medicaid
program or programs funded through Medicaid.
(b) Nothing in this section obligates the secretary to apply for a
waiver under this section.
(c) If the United States Centers for Medicare and Medicaid
Services determines that a waiver similar to the waiver described
in subsection (a) is no longer available to the state, this section is
void.".
Page 11, between lines 41 and 42, begin a new paragraph and insert:
"SECTION 13. IC 12-21-5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
EH 1222—LS 7185/DI 148 18
1, 2022]: Sec. 8. (a) As used in this section, "certified community
behavioral health clinic" refers to a community behavioral health
clinic that has been certified according to criteria established by
the Secretary of the United States Department of Health and
Human Services under Section 223 of the federal Protecting Access
to Medicare Act of 2014 (P.L. 113-93).
(b) Not later than November 1, 2022, the division shall establish
a plan to expand the use of certified community behavioral health
clinics in Indiana.
(c) The division shall, in preparing the plan required under
subsection (b), consider the following:
(1) Use of crisis hotline centers and mobile crisis teams, as
described in IC 12-21-8.
(2) Use of the federal Substance Abuse and Mental Health
Services Administration Certified Community Behavioral
Health Clinic Expansion Grants.
(3) Potential expansion of Medicaid certified community
behavioral health clinics under Section 223 of the federal
Protecting Access to Medicare Act of 2014 (P.L. 113-93).
(4) Restructuring state funding for behavioral health services
through prospective payment or another financing model.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1222 as printed January 13, 2022.)
ROGERS, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1222—LS 7185/DI 148