*ES0266.3*
Reprinted
February 25, 2022
ENGROSSED
SENATE BILL No. 266
_____
DIGEST OF SB 266 (Updated February 24, 2022 12:28 pm - DI 119)
Citations Affected: IC 12-15; IC 31-25; IC 31-27; IC 34-30; noncode.
Synopsis: Department of child services matters. Requires the office of
Medicaid policy and planning to review methods of calculating outlier
payments in relation to final reimbursement amounts. Limits the civil
liability of contractors that provide specified services under a contract
(Continued next page)
Effective: Upon passage; July 1, 2022.
Ford Jon, Rogers, Garten, Holdman,
Bassler, Brown L, Ford J.D.,
Qaddoura, Donato, Charbonneau,
Boehnlein, Crider
(HOUSE SPONSORS — JETER, DEVON, GOODRICH, YOUNG J)
January 10, 2022, read first time and referred to Committee on Family and Children
Services.
January 24, 2022, amended, reported favorably — Do Pass.
January 27, 2022, read second time, amended, ordered engrossed.
January 28, 2022, engrossed.
February 1, 2022, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Family, Children and
Human Affairs.
February 17, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 21, 2022, amended, reported — Do Pass.
February 24, 2022, read second time, amended, ordered engrossed.
ES 266—LS 7075/DI 148 Digest Continued
with the department of child services (department). Provides that an
individual may be employed by a child care provider before the state-
mandated criminal history check of the individual is completed if the
following conditions are satisfied: (1) The individual's: (A) fingerprint-
based check of national crime information data bases; (B) national sex
offender registry check; (C) in-state local criminal records check; and
(D) in-state child protection index check; have been completed. (2) If
the individual has resided outside Indiana at any time during the five
years preceding the individual's date of hire, the individual's: (A) out-
of-state child abuse registry check; and (B) out-of-state local criminal
records check; have been requested. (3) The individual's employment
before the completion of the state-mandated criminal history check is
limited to training during which the individual: (A) does not have
contact with children who are under the care and control of the child
care provider; and (B) does not have access to records containing
information regarding children who are under the care and control of
the child care provider. (4) The individual completes an attestation,
under penalty of perjury, disclosing: (A) any abuse or neglect
complaints made against the individual with the child welfare agency
of a state other than Indiana in which the individual resided within the
five years preceding the date of the attestation; and (B) any contact the
individual had with a law enforcement agency in connection with the
individual's suspected or alleged commission of a crime in a state other
than Indiana in which the individual resided within the five years
preceding the date of the attestation. Establishes a process by which a
child caring institution, group home, or secure private facility may
request a review of base rates and other cost-based rates approved by
the department. Allows the department to consider approval of costs
that: (1) are proven by a residential treatment provider to have been
previously approved by the department; or (2) relate to accreditation,
staff safety, child safety, or a department requirement. Augments the
amount of money appropriated to the department for purposes of
providing grants to child caring institutions, group homes, and secure
private facilities for costs associated with increased wages for direct
service staff. Requires the department to report specified information
regarding the grants provided.
ES 266—LS 7075/DI 148ES 266—LS 7075/DI 148 Reprinted
February 25, 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
SENATE BILL No. 266
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
4 years beginning after June 30, 2021, and ending before July 1, 2023.
5 (b) As used in this section, "children's hospital" means:
6 (1) a freestanding general acute care hospital that:
7 (A) is designated by the Medicare program as a children's
8 hospital; or
9 (B) furnishes inpatient and outpatient health care services to
10 patients who are predominantly individuals less than nineteen
11 (19) years of age; or
12 (2) a facility located within a freestanding general acute care
13 hospital that:
14 (A) is designated by the Medicare program as a children's
15 hospital; or
16 (B) furnishes inpatient and outpatient health care services to
17 patients who are predominately individuals less than nineteen
ES 266—LS 7075/DI 148 2
1 (19) years of age.
2 (c) This section applies to reimbursement for inpatient Medicaid
3 services and outpatient Medicaid services provided to a Medicaid
4 recipient who is less than nineteen (19) years of age at a children's
5 hospital that is located in a state bordering Indiana. This section does
6 not apply to reimbursement for non-emergency medical transportation.
7 (d) Subject to subsection (a), the office shall reimburse a children's
8 hospital for covered services provided to a Medicaid recipient that is
9 described in subsection (c) at a rate set by the secretary that is based on
10 a reimbursement formula that is:
11 (1) comparable to the current federal Medicare reimbursement
12 rate for the service provided by the children's hospital; or
13 (2) one hundred thirty percent (130%) of the Medicaid
14 reimbursement rate for a service that does not have a Medicare
15 reimbursement rate.
16 (e) Before September 1, 2021, the office shall apply to the United
17 States Department of Health and Human Services for any state plan
18 amendment or Medicaid waiver necessary to implement and administer
19 this section.
20 (f) The office may adopt rules under IC 4-22-2 necessary for the
21 implementation of this section.
22 (g) Not later than September 30, 2022, the office shall complete
23 a review of methods of calculating outlier payments in a way that
24 does not negatively impact final reimbursement determined
25 according to the rate set under subsection (d) as compared to final
26 reimbursement when calculated as if the rate adjustment was not
27 required under subsection (d).
28 (g) (h) This section expires July 1, 2023.
29 SECTION 2. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
30 SECTION 563, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
32 personally liable, except to the state, for an official act done or omitted
33 in connection with performance of duties under this title:
34 (1) The director of the department.
35 (2) Other officers and employees of the department.
36 (b) Except as provided in subsection (c), a nongovernmental
37 entity that contracts with the department, and the
38 nongovernmental entity's employee who is acting within the scope
39 of the contract, is immune from civil liability for injury to an
40 individual or an individual's property that occurs:
41 (1) under the nongovernmental entity's supervision; and
42 (2) while the individual is receiving services described in
ES 266—LS 7075/DI 148 3
1 section 7(a)(6) of this chapter.
2 (c) Subsection (b) does not apply to the following:
3 (1) A qualified health care provider against whom a medical
4 malpractice claim is filed under IC 34-18.
5 (2) A person that commits:
6 (A) gross negligence;
7 (B) willful or wanton misconduct; or
8 (C) intentional misconduct.
9 SECTION 3. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
12 caring institution license on forms provided by the department.
13 (b) An applicant must submit the required information as part of the
14 application.
15 (c) The applicant must submit with the application a statement
16 attesting the following:
17 (1) Whether the applicant has been convicted of:
18 (A) a felony; or
19 (B) a misdemeanor relating to the health and safety of
20 children.
21 (2) Whether the applicant has been charged with:
22 (A) a felony; or
23 (B) a misdemeanor relating to the health and safety of
24 children;
25 during the pendency of the application.
26 (d) The department, on behalf of an applicant, or, at the discretion
27 of the department, an applicant, shall conduct a criminal history check
28 of the following:
29 (1) Each individual who is an applicant.
30 (2) The director or manager of a facility where children will be
31 placed.
32 (3) Each employee, volunteer, or contractor of the applicant.
33 (e) If the applicant conducts a criminal history check under
34 subsection (d), the applicant shall:
35 (1) maintain records of the information it receives concerning
36 each individual who is the subject of a criminal history check; and
37 (2) submit to the department a copy of the information it receives
38 concerning each person described in subsection (d)(1) through
39 (d)(3).
40 (f) If the department conducts a criminal history check on behalf of
41 an applicant under subsection (d), the department shall:
42 (1) determine whether the subject of a national fingerprint based
ES 266—LS 7075/DI 148 4
1 criminal history check has a record of:
2 (A) a conviction for a felony;
3 (B) a conviction for a misdemeanor relating to the health and
4 safety of a child; or
5 (C) a juvenile adjudication for a nonwaivable offense, as
6 defined in IC 31-9-2-84.8 that, if committed by an adult,
7 would be a felony;
8 (2) notify the applicant of the determination under subdivision (1)
9 without identifying a specific offense or other identifying
10 information concerning a conviction or juvenile adjudication
11 contained in the national criminal history record information;
12 (3) submit to the applicant a copy of any state limited criminal
13 history report that the department receives on behalf of any person
14 described in subsection (d); and
15 (4) maintain a record of every report and all information the
16 department receives concerning a person described in subsection
17 (d).
18 (g) Except as provided in subsection (h), a criminal history check
19 described in subsection (d) is required only at the time an application
20 for a new license or the renewal of an existing license is submitted.
21 (h) Except as provided in subsection (i), a criminal history check
22 of each person described in subsection (d)(2) or (d)(3) must be
23 completed on or before the date the person:
24 (1) is employed;
25 (2) is assigned as a volunteer; or
26 (3) enters into, or the person's employing entity enters into, a
27 contract with the applicant.
28 (i) An individual may be employed by a child caring institution
29 as an employee, volunteer, or contractor before a criminal history
30 check of the individual is completed as required under subsection
31 (h) if all of the following conditions are satisfied:
32 (1) The following checks have been completed regarding the
33 individual:
34 (A) A fingerprint based check of national crime
35 information data bases under IC 31-9-2-22.5(1).
36 (B) A national sex offender registry check under
37 IC 31-9-2-22.5(3).
38 (C) An in-state local criminal records check under
39 IC 31-9-2-22.5(4).
40 (D) An in-state child protection index check under
41 IC 31-33-26.
42 (2) If the individual has resided outside Indiana at any time
ES 266—LS 7075/DI 148 5
1 during the five (5) years preceding the individual's date of
2 hiring by the child caring institution, the following checks
3 have been requested regarding the individual:
4 (A) An out-of-state child abuse registry check under
5 IC 31-9-2-22.5(2).
6 (B) An out-of-state local criminal records check under
7 IC 31-9-2-22.5(4).
8 (3) The individual's employment before the completion of the
9 criminal history check required under subsection (h) is
10 limited to training during which the individual:
11 (A) does not have contact with children who are under the
12 care and control of the child caring institution; and
13 (B) does not have access to records containing information
14 regarding children who are under the care and control of
15 the child caring institution.
16 (4) The individual completes an attestation, under penalty of
17 perjury, disclosing:
18 (A) any abuse or neglect complaints made against the
19 individual with the child welfare agency of a state other
20 than Indiana in which the individual resided within the five
21 (5) years preceding the date of the attestation; and
22 (B) any contact the individual had with a law enforcement
23 agency in connection with the individual's suspected or
24 alleged commission of a crime in a state other than Indiana
25 in which the individual resided within the five (5) years
26 preceding the date of the attestation.
27 (i) (j) The applicant or facility is responsible for any fees associated
28 with a criminal history check.
29 (j) (k) The department shall, at the applicant's request, inform the
30 applicant whether the department has or does not have a record of the
31 person who is the subject of a criminal history check and if the
32 department has identified the person as an alleged perpetrator of abuse
33 or neglect. The department may not provide to the applicant any details
34 or personally identifying information contained in any child protective
35 services investigation report.
36 (k) (l) A person who is the subject of a criminal history check
37 conducted in accordance with this section may request the state police
38 department to provide the person with a copy of any state or national
39 criminal history report concerning the person.
40 SECTION 4. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
ES 266—LS 7075/DI 148 6
1 home license on forms provided by the department.
2 (b) An applicant must submit the required information as part of the
3 application.
4 (c) An applicant must submit with the application a statement
5 attesting the following:
6 (1) Whether the applicant has been convicted of:
7 (A) a felony; or
8 (B) a misdemeanor relating to the health and safety of
9 children.
10 (2) Whether the applicant has been charged with:
11 (A) a felony; or
12 (B) a misdemeanor relating to the health and safety of
13 children;
14 during the pendency of the application.
15 (d) The department on behalf of an applicant, or, at the discretion of
16 the department, an applicant, shall conduct a criminal history check of
17 the following:
18 (1) Each individual who is an applicant.
19 (2) The director or manager of a facility where children will be
20 placed.
21 (3) Each employee, volunteer, or contractor of the applicant.
22 (e) If the applicant conducts a criminal history check under
23 subsection (d), the applicant shall:
24 (1) maintain records of the information it receives concerning
25 each individual who is the subject of a criminal history check; and
26 (2) submit to the department a copy of the information the
27 applicant receives concerning each person described in subsection
28 (d)(1) through (d)(3).
29 (f) If the department conducts a criminal history check on behalf of
30 an applicant under subsection (d), the department shall:
31 (1) determine whether the subject of a national fingerprint based
32 criminal history check has a record of a:
33 (A) conviction for a felony;
34 (B) conviction for a misdemeanor relating to the health and
35 safety of a child; or
36 (C) juvenile adjudication for a nonwaivable offense, as defined
37 in IC 31-9-2-84.8 that, if committed by an adult, would be a
38 felony;
39 (2) notify the applicant of the determination under subdivision (1)
40 without identifying a specific offense or other identifying
41 information concerning a conviction or juvenile adjudication
42 contained in the national criminal history record information;
ES 266—LS 7075/DI 148 7
1 (3) submit to the applicant a copy of any state limited criminal
2 history report that the department receives on behalf of any person
3 described in subsection (d); and
4 (4) maintain a record of every report and all information it
5 receives concerning a person described in subsection (d).
6 (g) Except as provided in subsection (h), a criminal history check
7 described in subsection (d) is required only at the time an application
8 for a new license or the renewal of an existing license is submitted.
9 (h) Except as provided in subsection (i), a criminal history check
10 of each person described in subsection (d)(2) or (d)(3) must be
11 completed on or before the date the person:
12 (1) is employed;
13 (2) is assigned as a volunteer; or
14 (3) enters into, or the person's employing entity enters into, a
15 contract with the applicant.
16 (i) An individual may be employed by a group home as an
17 employee, volunteer, or contractor before a criminal history check
18 of the individual is completed as required under subsection (h) if
19 all of the following conditions are satisfied:
20 (1) The following checks have been completed regarding the
21 individual:
22 (A) A fingerprint based check of national crime
23 information data bases under IC 31-9-2-22.5(1).
24 (B) A national sex offender registry check under
25 IC 31-9-2-22.5(3).
26 (C) An in-state local criminal records check under
27 IC 31-9-2-22.5(4).
28 (D) An in-state child protection index check under
29 IC 31-33-26.
30 (2) If the individual has resided outside Indiana at any time
31 during the five (5) years preceding the individual's date of
32 hiring by the group home, the following checks have been
33 requested regarding the individual:
34 (A) An out-of-state child abuse registry check under
35 IC 31-9-2-22.5(2).
36 (B) An out-of-state local criminal records check under
37 IC 31-9-2-22.5(4).
38 (3) The individual's employment before the completion of the
39 criminal history check required under subsection (h) is
40 limited to training during which the individual:
41 (A) does not have contact with children who are under the
42 care and control of the group home; and
ES 266—LS 7075/DI 148 8
1 (B) does not have access to records containing information
2 regarding children who are under the care and control of
3 the group home.
4 (4) The individual completes an attestation, under penalty of
5 perjury, disclosing:
6 (A) any abuse or neglect complaints made against the
7 individual with the child welfare agency of a state other
8 than Indiana in which the individual resided within the five
9 (5) years preceding the date of the attestation; and
10 (B) any contact the individual had with a law enforcement
11 agency in connection with the individual's suspected or
12 alleged commission of a crime in a state other than Indiana
13 in which the individual resided within the five (5) years
14 preceding the date of the attestation.
15 (i) (j) The applicant is responsible for any fees associated with a
16 criminal history check.
17 (j) (k) The department shall, at the applicant's request, inform the
18 applicant as to whether the department has or does not have a record of
19 the person who is the subject of a criminal history check and whether
20 the department has identified the person as an alleged perpetrator of
21 abuse or neglect. The department may not provide to the applicant any
22 details or personally identifying information contained in any child
23 protective services investigation report.
24 (k) (l) A person who is the subject of a criminal history check
25 conducted in accordance with this section may request the state police
26 department to provide the person with a copy of any state or national
27 criminal history report concerning the person.
28 SECTION 5. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
31 placing agency license on forms provided by the department.
32 (b) An applicant must submit the required information as part of the
33 application.
34 (c) The applicant must submit with the application a statement
35 attesting the following:
36 (1) Whether the applicant has been convicted of:
37 (A) a felony; or
38 (B) a misdemeanor relating to the health and safety of
39 children.
40 (2) Whether the applicant has been charged with:
41 (A) a felony; or
42 (B) a misdemeanor relating to the health and safety of
ES 266—LS 7075/DI 148 9
1 children;
2 during the pendency of the application.
3 (d) The department on behalf of an applicant, or, at the discretion of
4 the department, an applicant, shall conduct a criminal history check of
5 the following:
6 (1) Each individual who is an applicant.
7 (2) The director or manager of a facility where children will be
8 placed.
9 (3) Each employee, volunteer, or contractor of the applicant.
10 (e) If the applicant conducts a criminal history check under
11 subsection (d), the applicant shall:
12 (1) maintain records of the information it receives concerning
13 each individual who is the subject of a criminal history check; and
14 (2) submit to the department a copy of the information it receives
15 concerning each person described in subsection (d)(1) through
16 (d)(3).
17 (f) If the department conducts a criminal history check on behalf of
18 an applicant under subsection (d), the department shall:
19 (1) determine whether the subject of a national fingerprint based
20 criminal history check has a record of a:
21 (A) conviction for a felony;
22 (B) conviction for a misdemeanor relating to the health and
23 safety of a child; or
24 (C) juvenile adjudication for a nonwaivable offense, as defined
25 in IC 31-9-2-84.8 that, if committed by an adult, would be a
26 felony;
27 (2) notify the applicant of the determination under subdivision (1)
28 without identifying a specific offense or other identifying
29 information concerning a conviction or juvenile adjudication
30 contained in the national criminal history record information;
31 (3) submit to the applicant a copy of any state limited criminal
32 history report that the department receives on behalf of any person
33 described in subsection (d); and
34 (4) maintain a record of every report and all information the
35 department receives concerning a person described in subsection
36 (d).
37 (g) Except as provided in subsection (h), a criminal history check
38 described in subsection (d) is required only at the time an application
39 for a new license or the renewal of an existing license is submitted.
40 (h) Except as provided in subsection (i), a criminal history check
41 of each person described in subsection (d)(2) or (d)(3) must be
42 completed on or before the date the person:
ES 266—LS 7075/DI 148 10
1 (1) is employed;
2 (2) is assigned as a volunteer; or
3 (3) enters into, or the person's employing entity enters into, a
4 contract with the applicant.
5 (i) An individual may be employed by a child placing agency as
6 an employee, volunteer, or contractor before a criminal history
7 check of the individual is completed as required under subsection
8 (h) if all of the following conditions are satisfied:
9 (1) The following checks have been completed regarding the
10 individual:
11 (A) A fingerprint based check of national crime
12 information data bases under IC 31-9-2-22.5(1).
13 (B) A national sex offender registry check under
14 IC 31-9-2-22.5(3).
15 (C) An in-state local criminal records check under
16 IC 31-9-2-22.5(4).
17 (D) An in-state child protection index check under
18 IC 31-33-26.
19 (2) If the individual has resided outside Indiana at any time
20 during the five (5) years preceding the individual's date of
21 hiring by the child placing agency, the following checks have
22 been requested regarding the individual:
23 (A) An out-of-state child abuse registry check under
24 IC 31-9-2-22.5(2).
25 (B) An out-of-state local criminal records check under
26 IC 31-9-2-22.5(4).
27 (3) The individual's employment before the completion of the
28 criminal history check required under subsection (h) is
29 limited to training during which the individual:
30 (A) does not have contact with children who are under the
31 care and control of the child placing agency; and
32 (B) does not have access to records containing information
33 regarding children who are under the care and control of
34 the child placing agency.
35 (4) The individual completes an attestation, under penalty of
36 perjury, disclosing:
37 (A) any abuse or neglect complaints made against the
38 individual with the child welfare agency of a state other
39 than Indiana in which the individual resided within the five
40 (5) years preceding the date of the attestation; and
41 (B) any contact the individual had with a law enforcement
42 agency in connection with the individual's suspected or
ES 266—LS 7075/DI 148 11
1 alleged commission of a crime in a state other than Indiana
2 in which the individual resided within the five (5) years
3 preceding the date of the attestation.
4 (i) (j) The applicant or facility is responsible for any fees associated
5 with a criminal history check.
6 (j) (k) The department shall, at the applicant's request, inform the
7 applicant whether the department has or does not have a record of the
8 person who is the subject of a criminal history check and if the
9 department has identified the person as an alleged perpetrator of abuse
10 or neglect. The department may not provide to the applicant any details
11 or personally identifying information contained in any child protective
12 investigation report.
13 (k) (l) A person who is the subject of a criminal history check
14 conducted in accordance with this section may request the state police
15 department to provide the person with a copy of any state or national
16 criminal history report concerning the person.
17 SECTION 6. IC 31-27-7 IS ADDED TO THE INDIANA CODE AS
18 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2022]:
20 Chapter 7. Department Base Rates Review
21 Sec. 1. As used in this chapter, "base rate" has the same
22 meaning as set forth in 465 IAC 2-16-4 (as in effect on December
23 31, 2021).
24 Sec. 2. As used in this chapter, "cost report" has the same
25 meaning as set forth in 465 IAC 2-16-5 (as in effect on December
26 31, 2021).
27 Sec. 3. As used in this chapter, "residential treatment services
28 provider" means the following:
29 (1) A child caring institution, as defined in IC 31-9-2-16.7.
30 (2) A group home, as defined in IC 31-9-2-48.5.
31 (3) A secure private facility, as defined in IC 31-9-2-115.
32 Sec. 4. For purposes of this chapter, the department shall
33 determine whether a cost is reasonable based on what a reasonable
34 person would pay in the same or similar circumstances for the
35 same or similar item or service.
36 Sec. 5. (a) A residential treatment services provider may request
37 a review of the base rates approved by the department if the
38 residential treatment services provider believes that an error or
39 omission was made in the:
40 (1) cost report that the residential treatment services provider
41 submitted to the department;
42 (2) department's calculation of the base rate; or
ES 266—LS 7075/DI 148 12
1 (3) department's determination of the reasonableness of a
2 cost.
3 (b) A request for review under subsection (a) must be:
4 (1) submitted in writing to the department; and
5 (2) received by the department not more than thirty (30) days
6 after the date on which the department mailed a rate letter to
7 the residential treatment services provider.
8 Compliance with subdivision (2) is determined in the same manner
9 by which compliance with the requirements for actions related to
10 administrative proceedings is determined under IC 4-21.5-3-1 and
11 IC 4-21.5-3-2.
12 (c) A residential treatment services provider making a request
13 for review under subsection (a) shall submit the request for review
14 in the form and manner specified by the department, including:
15 (1) identification of the current base rate and approved new
16 base rate, as applicable to a specific program or service
17 offered by the residential treatment services provider;
18 (2) an itemized statement of administrative and indirect costs
19 that the residential treatment services provider considers
20 allowable under this chapter;
21 (3) a clear, concise statement of the reasons for the requested
22 change; and
23 (4) a detailed statement supporting the requested change.
24 The department shall not accept or process an incomplete request
25 for review.
26 (d) If a residential treatment services provider that submits a
27 request for review under this chapter has a current license that is
28 subject to current revocation proceedings, the department shall not
29 act upon the request for review.
30 (e) Not more than thirty (30) days after the date on which the
31 department receives a request for review submitted under this
32 chapter, the department shall conduct a review and:
33 (1) provide the same written notice and an explanation of the
34 department's decision to the residential treatment services
35 provider; and
36 (2) publish the notice and explanation on the department's
37 Internet web site.
38 (f) The explanation of the department's decision under
39 subsection (e) must include a detailed explanation of the following:
40 (1) The specific portion of the disputed cost that is being
41 approved or denied for reimbursement.
42 (2) Why the disputed cost being denied is unreasonable.
ES 266—LS 7075/DI 148 13
1 (3) The information the department used to make its
2 determination.
3 Sec. 6. If the residential treatment services provider proves that
4 a cost was previously covered for any provider, or is associated
5 with:
6 (1) accreditation;
7 (2) staff safety;
8 (3) child safety; or
9 (4) a department requirement;
10 the department may consider approval of the cost.
11 SECTION 7. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
12 SECTION 680, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
14 (Concerning the officers, and other employees, and certain
15 contractors of the department of child services).
16 SECTION 8. [EFFECTIVE JULY 1, 2022] (a) As used in this
17 SECTION, "child caring institution" has the meaning set forth in
18 IC 31-9-2-16.7.
19 (b) As used in this SECTION, "department" has the meaning
20 set forth in IC 31-9-2-38.5.
21 (c) As used in this SECTION, "group home" has the meaning
22 set forth in IC 31-9-2-48.5.
23 (d) As used in this SECTION, "secure private facility" has the
24 meaning set forth in IC 31-9-2-115.
25 (e) For the state fiscal year beginning July 1, 2022, and ending
26 June 30, 2023, the budget agency shall augment from the state
27 general fund the amount of money appropriated for the
28 department's family and children fund in P.L.165-2021 by fifteen
29 million dollars ($15,000,000) to be used by the department to
30 provide grants to child caring institutions, group homes, and
31 secure private facilities for costs associated with increased wages
32 for direct service staff.
33 (f) A child caring institution, group home, or secure private
34 facility may apply for a grant under this SECTION in a manner
35 prescribed by the department.
36 (g) Costs paid using a grant received under this SECTION may
37 not be disallowed when setting rates for subsequent state fiscal
38 years.
39 (h) The department shall, before September 1, 2022, and on July
40 1, 2023, submit to the commission on improving the status of
41 children in Indiana, and to the executive director of the legislative
42 services agency for distribution to the general assembly, a report
ES 266—LS 7075/DI 148 14
1 that provides the following information:
2 (1) The number of child caring institutions, group homes, and
3 secure private facilities that have received a grant under this
4 SECTION.
5 (2) The number of child caring institutions, group homes, and
6 secure private facilities that have not received a grant under
7 this SECTION.
8 (3) The child caring institutions, group homes, and secure
9 private facilities that have received a grant under this
10 SECTION.
11 (4) The child caring institutions, group homes, and secure
12 private facilities that have not received a grant under this
13 SECTION.
14 (5) Of the amount applied for by each child caring institution,
15 group home, and secure private facility that applied for a
16 grant under this SECTION:
17 (A) the amount that was provided to the child caring
18 institution, group home, or secure private facility; and
19 (B) the amount that was denied to the child caring
20 institution, group home, or secure private facility.
21 (6) The criteria considered and standards used by the
22 department in making determinations regarding the provision
23 of grants under this SECTION.
24 The report submitted under this subsection must be in an
25 electronic format under IC 5-14-6.
26 (i) This SECTION expires July 1, 2025.
27 SECTION 9. An emergency is declared for this act.
ES 266—LS 7075/DI 148 15
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 266, 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 3, line 2, delete "and send notice of" and insert "and:
(1) mail written notice and an explanation of the department's
decision to:
(A) the residential treatment services provider;
(B) the state representative and senator of the district in
which the residential treatment services provider is
located;
(C) the chairperson of the house committee on family,
children, and human affairs; and
(D) the chairperson of the senate committee on family and
children services; and
(2) publish the notice and explanation on the department's
Internet web site.".
Page 3, delete lines 3 through 5, begin a new paragraph and insert:
"(f) The explanation of the department's decision under
subsection (e) must include a robust explanation of the following:".
Page 3, line 15, delete "approve the cost." and insert "give special
consideration to approval of the cost.".
and when so amended that said bill do pass.
(Reference is to SB 266 as introduced.)
ROGERS, Chairperson
Committee Vote: Yeas 6, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 266 be amended to read
as follows:
Page 3, after line 27, begin a new paragraph and insert:
"SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The legislative
council is urged to assign to the appropriate interim study
committee the topic of privatizing the department of child services.
ES 266—LS 7075/DI 148 16
(b) This SECTION expires January 1, 2023.
SECTION 3. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 266 as printed January 25, 2022.)
HOLDMAN
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred Senate Bill 266, 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 1, between the enacting clause and line 1, begin a new
paragraph and insert the following:
"SECTION 1. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
SECTION 563, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
personally liable, except to the state, for an official act done or omitted
in connection with performance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department.
(b) An individual or a nonprofit corporation organized under
the laws of Indiana is not liable, except to the state, for an act done
or omitted in connection with the individual's or nonprofit
corporation's provision of services described in section 7(a) of this
chapter under a contract entered into with the department.
SECTION 2. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
caring institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
ES 266—LS 7075/DI 148 17
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of:
(A) a conviction for a felony;
(B) a conviction for a misdemeanor relating to the health and
safety of a child; or
(C) a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
ES 266—LS 7075/DI 148 18
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child caring institution
as an employee, volunteer, or contractor before a criminal history
check of the individual is completed as required under subsection
(h) if all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the child caring institution, the following checks
have been requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the child caring institution; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the child caring institution.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
ES 266—LS 7075/DI 148 19
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
SECTION 3. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
ES 266—LS 7075/DI 148 20
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information the
applicant receives concerning each person described in subsection
(d)(1) through (d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of a:
(A) conviction for a felony;
(B) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information it
receives concerning a person described in subsection (d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a group home as an
employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if
all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
ES 266—LS 7075/DI 148 21
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the group home, the following checks have been
requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the group home; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the group home.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant is responsible for any fees associated with a
criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
ES 266—LS 7075/DI 148 22
details or personally identifying information contained in any child
protective services investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
SECTION 4. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
placing agency license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee, volunteer, or contractor of the applicant.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(3).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of a:
(A) conviction for a felony;
ES 266—LS 7075/DI 148 23
(B) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony;
(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check
of each person described in subsection (d)(2) or (d)(3) must be
completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child placing agency as
an employee, volunteer, or contractor before a criminal history
check of the individual is completed as required under subsection
(h) if all of the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime
information data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time
during the five (5) years preceding the individual's date of
hiring by the child placing agency, the following checks have
ES 266—LS 7075/DI 148 24
been requested regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is
limited to training during which the individual:
(A) does not have contact with children who are under the
care and control of the child placing agency; and
(B) does not have access to records containing information
regarding children who are under the care and control of
the child placing agency.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other
than Indiana in which the individual resided within the five
(5) years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or
alleged commission of a crime in a state other than Indiana
in which the individual resided within the five (5) years
preceding the date of the attestation.
(i) (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(j) (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
investigation report.
(k) (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.".
Page 3, line 3, after "mail" insert "the same".
Page 3, line 16, delete "robust" and insert "detailed".
Page 3, line 17, delete "department's approval or denial." and insert
"specific portion of the disputed cost that is being approved or
denied for reimbursement.".
ES 266—LS 7075/DI 148 25
Page 3, line 18, delete "The reasonableness of each disputed cost."
and insert "Why the disputed cost being denied is unreasonable.".
Page 3, between lines 18 and 19, begin a new line block indented
and insert:
"(3) The information the department used to make its
determination.".
Page 3, between lines 27 and 28, begin a new paragraph and insert:
"SECTION 6. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
SECTION 680, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
(Concerning the officers, and other employees, and certain
contractors of the department of child services).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 266 as reprinted January 28, 2022.)
DEVON
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Engrossed Senate Bill 266, 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 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
years beginning after June 30, 2021, and ending before July 1, 2023.
(b) As used in this section, "children's hospital" means:
(1) a freestanding general acute care hospital that:
(A) is designated by the Medicare program as a children's
hospital; or
(B) furnishes inpatient and outpatient health care services to
patients who are predominantly individuals less than nineteen
(19) years of age; or
ES 266—LS 7075/DI 148 26
(2) a facility located within a freestanding general acute care
hospital that:
(A) is designated by the Medicare program as a children's
hospital; or
(B) furnishes inpatient and outpatient health care services to
patients who are predominately individuals less than nineteen
(19) years of age.
(c) This section applies to reimbursement for inpatient Medicaid
services and outpatient Medicaid services provided to a Medicaid
recipient who is less than nineteen (19) years of age at a children's
hospital that is located in a state bordering Indiana. This section does
not apply to reimbursement for non-emergency medical transportation.
(d) Subject to subsection (a), the office shall reimburse a children's
hospital for covered services provided to a Medicaid recipient that is
described in subsection (c) at a rate set by the secretary that is based on
a reimbursement formula that is:
(1) comparable to the current federal Medicare reimbursement
rate for the service provided by the children's hospital; or
(2) one hundred thirty percent (130%) of the Medicaid
reimbursement rate for a service that does not have a Medicare
reimbursement rate.
(e) Before September 1, 2021, the office shall apply to the United
States Department of Health and Human Services for any state plan
amendment or Medicaid waiver necessary to implement and administer
this section.
(f) The office may adopt rules under IC 4-22-2 necessary for the
implementation of this section.
(g) Not later than September 30, 2022, the office shall complete
a review of methods of calculating outlier payments in a way that
does not negatively impact final reimbursement determined
according to the rate set under subsection (d) as compared to final
reimbursement when calculated as if the rate adjustment was not
required under subsection (d).
(g) (h) This section expires July 1, 2023.".
Page 1, delete lines 8 through 12, begin a new paragraph and insert:
"(b) Except as provided in subsection (c), a nongovernmental
entity that contracts with the department, and the
nongovernmental entity's employee who is acting within the scope
of the contract, is immune from civil liability for injury to an
individual or an individual's property that occurs:
(1) under the nongovernmental entity's supervision; and
(2) while the individual is receiving services described in
ES 266—LS 7075/DI 148 27
section 7(a)(6) of this chapter.
(c) Subsection (b) does not apply to the following:
(1) A qualified health care provider against whom a medical
malpractice claim is filed under IC 34-18.
(2) A person that commits:
(A) gross negligence;
(B) willful or wanton misconduct; or
(C) intentional misconduct.".
Page 10, line 11, delete "means a report" and insert "has the same
meaning as set forth in 465 IAC 2-16-5 (as in effect on December
31, 2021).".
Page 10, delete lines 12 through 14.
Page 10, delete lines 20 through 21.
Page 11, line 23, delete "mail" and insert "provide".
Page 11, line 24, delete "to:" and insert "to the residential
treatment services provider; and".
Page 11, delete lines 25 through 32.
Page 12, line 7, delete "shall give special consideration to" and
insert "may consider".
Page 12, delete lines 14 through 17, begin a new paragraph and
insert:
"SECTION 8. [EFFECTIVE JULY 1, 2022] (a) As used in this
SECTION, "child caring institution" has the meaning set forth in
IC 31-9-2-16.7.
(b) As used in this SECTION, "department" has the meaning
set forth in IC 31-9-2-38.5.
(c) As used in this SECTION, "group home" has the meaning
set forth in IC 31-9-2-48.5.
(d) As used in this SECTION, "secure private facility" has the
meaning set forth in IC 31-9-2-115.
(e) For the state fiscal year beginning July 1, 2022, and ending
June 30, 2023, the budget agency shall augment from the state
general fund the amount of money appropriated for the
department's family and children fund in P.L.165-2021 by fifteen
million dollars ($15,000,000) to be used by the department to
provide grants to child caring institutions, group homes, and
secure private facilities for costs associated with increased wages
for direct service staff.
(f) A child caring institution, group home, or secure private
facility may apply for a grant under this SECTION in a manner
prescribed by the department.
(g) Costs paid using a grant received under this SECTION may
ES 266—LS 7075/DI 148 28
not be disallowed when setting rates for subsequent state fiscal
years.
(h) This SECTION expires July 1, 2025.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to ESB 266 as printed February 17, 2022.)
BROWN T
Committee Vote: yeas 19, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 266 be amended to
read as follows:
Page 13, between lines 38 and 39, begin a new paragraph and insert:
"(h) The department shall, before September 1, 2022, and on
July 1, 2023, submit to the commission on improving the status of
children in Indiana, and to the executive director of the legislative
services agency for distribution to the general assembly, a report
that provides the following information:
(1) The number of child caring institutions, group homes, and
secure private facilities that have received a grant under this
SECTION.
(2) The number of child caring institutions, group homes, and
secure private facilities that have not received a grant under
this SECTION.
(3) The child caring institutions, group homes, and secure
private facilities that have received a grant under this
SECTION.
(4) The child caring institutions, group homes, and secure
private facilities that have not received a grant under this
SECTION.
(5) Of the amount applied for by each child caring institution,
group home, and secure private facility that applied for a
grant under this SECTION:
(A) the amount that was provided to the child caring
institution, group home, or secure private facility; and
(B) the amount that was denied to the child caring
ES 266—LS 7075/DI 148 29
institution, group home, or secure private facility.
(6) The criteria considered and standards used by the
department in making determinations regarding the provision
of grants under this SECTION.
The report submitted under this subsection must be in an
electronic format under IC 5-14-6.".
Page 13, line 39, delete "(h)" and insert "(i)".
(Reference is to ESB 266 as printed February 21, 2022.)
JETER
ES 266—LS 7075/DI 148