Indiana 2022 Regular Session

Indiana Senate Bill SB0266 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0266.3
	2	+	Reprinted
	3	+	February 25, 2022
	4	+	ENGROSSED
	5	+	SENATE BILL No. 266
	6	+	_____
	7	+	DIGEST OF SB 266 (Updated February 24, 2022 12:28 pm - DI 119)
	8	+	Citations Affected: IC 12-15; IC 31-25; IC 31-27; IC 34-30; noncode.
	9	+	Synopsis: Department of child services matters. Requires the office of
	10	+	Medicaid policy and planning to review methods of calculating outlier
	11	+	payments in relation to final reimbursement amounts. Limits the civil
	12	+	liability of contractors that provide specified services under a contract
	13	+	(Continued next page)
	14	+	Effective: Upon passage; July 1, 2022.
	15	+	Ford Jon, Rogers, Garten, Holdman,
	16	+	Bassler, Brown L, Ford J.D.,
	17	+	Qaddoura, Donato, Charbonneau,
	18	+	Boehnlein, Crider
	19	+	(HOUSE SPONSORS — JETER, DEVON, GOODRICH, YOUNG J)
	20	+	January 10, 2022, read first time and referred to Committee on Family and Children
	21	+	Services.
	22	+	January 24, 2022, amended, reported favorably — Do Pass.
	23	+	January 27, 2022, read second time, amended, ordered engrossed.
	24	+	January 28, 2022, engrossed.
	25	+	February 1, 2022, read third time, passed. Yeas 48, nays 0.
	26	+	HOUSE ACTION
	27	+	February 7, 2022, read first time and referred to Committee on Family, Children and
	28	+	Human Affairs.
	29	+	February 17, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
	30	+	Means pursuant to Rule 127.
	31	+	February 21, 2022, amended, reported — Do Pass.
	32	+	February 24, 2022, read second time, amended, ordered engrossed.
	33	+	ES 266—LS 7075/DI 148 Digest Continued
	34	+	with the department of child services (department). Provides that an
	35	+	individual may be employed by a child care provider before the state-
	36	+	mandated criminal history check of the individual is completed if the
	37	+	following conditions are satisfied: (1) The individual's: (A) fingerprint-
	38	+	based check of national crime information data bases; (B) national sex
	39	+	offender registry check; (C) in-state local criminal records check; and
	40	+	(D) in-state child protection index check; have been completed. (2) If
	41	+	the individual has resided outside Indiana at any time during the five
	42	+	years preceding the individual's date of hire, the individual's: (A) out-
	43	+	of-state child abuse registry check; and (B) out-of-state local criminal
	44	+	records check; have been requested. (3) The individual's employment
	45	+	before the completion of the state-mandated criminal history check is
	46	+	limited to training during which the individual: (A) does not have
	47	+	contact with children who are under the care and control of the child
	48	+	care provider; and (B) does not have access to records containing
	49	+	information regarding children who are under the care and control of
	50	+	the child care provider. (4) The individual completes an attestation,
	51	+	under penalty of perjury, disclosing: (A) any abuse or neglect
	52	+	complaints made against the individual with the child welfare agency
	53	+	of a state other than Indiana in which the individual resided within the
	54	+	five years preceding the date of the attestation; and (B) any contact the
	55	+	individual had with a law enforcement agency in connection with the
	56	+	individual's suspected or alleged commission of a crime in a state other
	57	+	than Indiana in which the individual resided within the five years
	58	+	preceding the date of the attestation. Establishes a process by which a
	59	+	child caring institution, group home, or secure private facility may
	60	+	request a review of base rates and other cost-based rates approved by
	61	+	the department. Allows the department to consider approval of costs
	62	+	that: (1) are proven by a residential treatment provider to have been
	63	+	previously approved by the department; or (2) relate to accreditation,
	64	+	staff safety, child safety, or a department requirement. Augments the
	65	+	amount of money appropriated to the department for purposes of
	66	+	providing grants to child caring institutions, group homes, and secure
	67	+	private facilities for costs associated with increased wages for direct
	68	+	service staff. Requires the department to report specified information
	69	+	regarding the grants provided.
	70	+	ES 266—LS 7075/DI 148ES 266—LS 7075/DI 148 Reprinted
	71	+	February 25, 2022
1	72		Second Regular Session of the 122nd General Assembly (2022)
2	73		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	74		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	75		additions will appear in this style type, and deletions will appear in this style type.
5	76		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	77		provision adopted), the text of the new provision will appear in this style type. Also, the
7	78		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	79		a new provision to the Indiana Code or the Indiana Constitution.
9	80		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	81		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 266
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	82	+	ENGROSSED
	83	+	SENATE BILL No. 266
	84	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	85	+	family law and juvenile law.
14	86		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
	87	+	1 SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
	88	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	89	+	3 UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
	90	+	4 years beginning after June 30, 2021, and ending before July 1, 2023.
	91	+	5 (b) As used in this section, "children's hospital" means:
	92	+	6 (1) a freestanding general acute care hospital that:
	93	+	7 (A) is designated by the Medicare program as a children's
	94	+	8 hospital; or
	95	+	9 (B) furnishes inpatient and outpatient health care services to
	96	+	10 patients who are predominantly individuals less than nineteen
	97	+	11 (19) years of age; or
	98	+	12 (2) a facility located within a freestanding general acute care
	99	+	13 hospital that:
	100	+	14 (A) is designated by the Medicare program as a children's
	101	+	15 hospital; or
	102	+	16 (B) furnishes inpatient and outpatient health care services to
	103	+	17 patients who are predominately individuals less than nineteen
	104	+	ES 266—LS 7075/DI 148 2
	105	+	1 (19) years of age.
	106	+	2 (c) This section applies to reimbursement for inpatient Medicaid
	107	+	3 services and outpatient Medicaid services provided to a Medicaid
	108	+	4 recipient who is less than nineteen (19) years of age at a children's
	109	+	5 hospital that is located in a state bordering Indiana. This section does
	110	+	6 not apply to reimbursement for non-emergency medical transportation.
	111	+	7 (d) Subject to subsection (a), the office shall reimburse a children's
	112	+	8 hospital for covered services provided to a Medicaid recipient that is
	113	+	9 described in subsection (c) at a rate set by the secretary that is based on
	114	+	10 a reimbursement formula that is:
	115	+	11 (1) comparable to the current federal Medicare reimbursement
	116	+	12 rate for the service provided by the children's hospital; or
	117	+	13 (2) one hundred thirty percent (130%) of the Medicaid
	118	+	14 reimbursement rate for a service that does not have a Medicare
	119	+	15 reimbursement rate.
	120	+	16 (e) Before September 1, 2021, the office shall apply to the United
	121	+	17 States Department of Health and Human Services for any state plan
	122	+	18 amendment or Medicaid waiver necessary to implement and administer
	123	+	19 this section.
	124	+	20 (f) The office may adopt rules under IC 4-22-2 necessary for the
	125	+	21 implementation of this section.
	126	+	22 (g) Not later than September 30, 2022, the office shall complete
	127	+	23 a review of methods of calculating outlier payments in a way that
	128	+	24 does not negatively impact final reimbursement determined
	129	+	25 according to the rate set under subsection (d) as compared to final
	130	+	26 reimbursement when calculated as if the rate adjustment was not
	131	+	27 required under subsection (d).
	132	+	28 (g) (h) This section expires July 1, 2023.
	133	+	29 SECTION 2. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
	134	+	30 SECTION 563, IS AMENDED TO READ AS FOLLOWS
	135	+	31 [EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
	136	+	32 personally liable, except to the state, for an official act done or omitted
	137	+	33 in connection with performance of duties under this title:
	138	+	34 (1) The director of the department.
	139	+	35 (2) Other officers and employees of the department.
	140	+	36 (b) Except as provided in subsection (c), a nongovernmental
	141	+	37 entity that contracts with the department, and the
	142	+	38 nongovernmental entity's employee who is acting within the scope
	143	+	39 of the contract, is immune from civil liability for injury to an
	144	+	40 individual or an individual's property that occurs:
	145	+	41 (1) under the nongovernmental entity's supervision; and
	146	+	42 (2) while the individual is receiving services described in
	147	+	ES 266—LS 7075/DI 148 3
	148	+	1 section 7(a)(6) of this chapter.
	149	+	2 (c) Subsection (b) does not apply to the following:
	150	+	3 (1) A qualified health care provider against whom a medical
	151	+	4 malpractice claim is filed under IC 34-18.
	152	+	5 (2) A person that commits:
	153	+	6 (A) gross negligence;
	154	+	7 (B) willful or wanton misconduct; or
	155	+	8 (C) intentional misconduct.
	156	+	9 SECTION 3. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
	157	+	10 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	158	+	11 UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
	159	+	12 caring institution license on forms provided by the department.
	160	+	13 (b) An applicant must submit the required information as part of the
	161	+	14 application.
	162	+	15 (c) The applicant must submit with the application a statement
	163	+	16 attesting the following:
	164	+	17 (1) Whether the applicant has been convicted of:
	165	+	18 (A) a felony; or
	166	+	19 (B) a misdemeanor relating to the health and safety of
	167	+	20 children.
	168	+	21 (2) Whether the applicant has been charged with:
	169	+	22 (A) a felony; or
	170	+	23 (B) a misdemeanor relating to the health and safety of
	171	+	24 children;
	172	+	25 during the pendency of the application.
	173	+	26 (d) The department, on behalf of an applicant, or, at the discretion
	174	+	27 of the department, an applicant, shall conduct a criminal history check
	175	+	28 of the following:
	176	+	29 (1) Each individual who is an applicant.
	177	+	30 (2) The director or manager of a facility where children will be
	178	+	31 placed.
	179	+	32 (3) Each employee, volunteer, or contractor of the applicant.
	180	+	33 (e) If the applicant conducts a criminal history check under
	181	+	34 subsection (d), the applicant shall:
	182	+	35 (1) maintain records of the information it receives concerning
	183	+	36 each individual who is the subject of a criminal history check; and
	184	+	37 (2) submit to the department a copy of the information it receives
	185	+	38 concerning each person described in subsection (d)(1) through
	186	+	39 (d)(3).
	187	+	40 (f) If the department conducts a criminal history check on behalf of
	188	+	41 an applicant under subsection (d), the department shall:
	189	+	42 (1) determine whether the subject of a national fingerprint based
	190	+	ES 266—LS 7075/DI 148 4
	191	+	1 criminal history check has a record of:
	192	+	2 (A) a conviction for a felony;
	193	+	3 (B) a conviction for a misdemeanor relating to the health and
	194	+	4 safety of a child; or
	195	+	5 (C) a juvenile adjudication for a nonwaivable offense, as
	196	+	6 defined in IC 31-9-2-84.8 that, if committed by an adult,
	197	+	7 would be a felony;
	198	+	8 (2) notify the applicant of the determination under subdivision (1)
	199	+	9 without identifying a specific offense or other identifying
	200	+	10 information concerning a conviction or juvenile adjudication
	201	+	11 contained in the national criminal history record information;
	202	+	12 (3) submit to the applicant a copy of any state limited criminal
	203	+	13 history report that the department receives on behalf of any person
	204	+	14 described in subsection (d); and
	205	+	15 (4) maintain a record of every report and all information the
	206	+	16 department receives concerning a person described in subsection
	207	+	17 (d).
	208	+	18 (g) Except as provided in subsection (h), a criminal history check
	209	+	19 described in subsection (d) is required only at the time an application
	210	+	20 for a new license or the renewal of an existing license is submitted.
	211	+	21 (h) Except as provided in subsection (i), a criminal history check
	212	+	22 of each person described in subsection (d)(2) or (d)(3) must be
	213	+	23 completed on or before the date the person:
	214	+	24 (1) is employed;
	215	+	25 (2) is assigned as a volunteer; or
	216	+	26 (3) enters into, or the person's employing entity enters into, a
	217	+	27 contract with the applicant.
	218	+	28 (i) An individual may be employed by a child caring institution
	219	+	29 as an employee, volunteer, or contractor before a criminal history
	220	+	30 check of the individual is completed as required under subsection
	221	+	31 (h) if all of the following conditions are satisfied:
	222	+	32 (1) The following checks have been completed regarding the
	223	+	33 individual:
	224	+	34 (A) A fingerprint based check of national crime
	225	+	35 information data bases under IC 31-9-2-22.5(1).
	226	+	36 (B) A national sex offender registry check under
	227	+	37 IC 31-9-2-22.5(3).
	228	+	38 (C) An in-state local criminal records check under
	229	+	39 IC 31-9-2-22.5(4).
	230	+	40 (D) An in-state child protection index check under
	231	+	41 IC 31-33-26.
	232	+	42 (2) If the individual has resided outside Indiana at any time
	233	+	ES 266—LS 7075/DI 148 5
	234	+	1 during the five (5) years preceding the individual's date of
	235	+	2 hiring by the child caring institution, the following checks
	236	+	3 have been requested regarding the individual:
	237	+	4 (A) An out-of-state child abuse registry check under
	238	+	5 IC 31-9-2-22.5(2).
	239	+	6 (B) An out-of-state local criminal records check under
	240	+	7 IC 31-9-2-22.5(4).
	241	+	8 (3) The individual's employment before the completion of the
	242	+	9 criminal history check required under subsection (h) is
	243	+	10 limited to training during which the individual:
	244	+	11 (A) does not have contact with children who are under the
	245	+	12 care and control of the child caring institution; and
	246	+	13 (B) does not have access to records containing information
	247	+	14 regarding children who are under the care and control of
	248	+	15 the child caring institution.
	249	+	16 (4) The individual completes an attestation, under penalty of
	250	+	17 perjury, disclosing:
	251	+	18 (A) any abuse or neglect complaints made against the
	252	+	19 individual with the child welfare agency of a state other
	253	+	20 than Indiana in which the individual resided within the five
	254	+	21 (5) years preceding the date of the attestation; and
	255	+	22 (B) any contact the individual had with a law enforcement
	256	+	23 agency in connection with the individual's suspected or
	257	+	24 alleged commission of a crime in a state other than Indiana
	258	+	25 in which the individual resided within the five (5) years
	259	+	26 preceding the date of the attestation.
	260	+	27 (i) (j) The applicant or facility is responsible for any fees associated
	261	+	28 with a criminal history check.
	262	+	29 (j) (k) The department shall, at the applicant's request, inform the
	263	+	30 applicant whether the department has or does not have a record of the
	264	+	31 person who is the subject of a criminal history check and if the
	265	+	32 department has identified the person as an alleged perpetrator of abuse
	266	+	33 or neglect. The department may not provide to the applicant any details
	267	+	34 or personally identifying information contained in any child protective
	268	+	35 services investigation report.
	269	+	36 (k) (l) A person who is the subject of a criminal history check
	270	+	37 conducted in accordance with this section may request the state police
	271	+	38 department to provide the person with a copy of any state or national
	272	+	39 criminal history report concerning the person.
	273	+	40 SECTION 4. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
	274	+	41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	275	+	42 UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
	276	+	ES 266—LS 7075/DI 148 6
	277	+	1 home license on forms provided by the department.
	278	+	2 (b) An applicant must submit the required information as part of the
	279	+	3 application.
	280	+	4 (c) An applicant must submit with the application a statement
	281	+	5 attesting the following:
	282	+	6 (1) Whether the applicant has been convicted of:
	283	+	7 (A) a felony; or
	284	+	8 (B) a misdemeanor relating to the health and safety of
	285	+	9 children.
	286	+	10 (2) Whether the applicant has been charged with:
	287	+	11 (A) a felony; or
	288	+	12 (B) a misdemeanor relating to the health and safety of
	289	+	13 children;
	290	+	14 during the pendency of the application.
	291	+	15 (d) The department on behalf of an applicant, or, at the discretion of
	292	+	16 the department, an applicant, shall conduct a criminal history check of
	293	+	17 the following:
	294	+	18 (1) Each individual who is an applicant.
	295	+	19 (2) The director or manager of a facility where children will be
	296	+	20 placed.
	297	+	21 (3) Each employee, volunteer, or contractor of the applicant.
	298	+	22 (e) If the applicant conducts a criminal history check under
	299	+	23 subsection (d), the applicant shall:
	300	+	24 (1) maintain records of the information it receives concerning
	301	+	25 each individual who is the subject of a criminal history check; and
	302	+	26 (2) submit to the department a copy of the information the
	303	+	27 applicant receives concerning each person described in subsection
	304	+	28 (d)(1) through (d)(3).
	305	+	29 (f) If the department conducts a criminal history check on behalf of
	306	+	30 an applicant under subsection (d), the department shall:
	307	+	31 (1) determine whether the subject of a national fingerprint based
	308	+	32 criminal history check has a record of a:
	309	+	33 (A) conviction for a felony;
	310	+	34 (B) conviction for a misdemeanor relating to the health and
	311	+	35 safety of a child; or
	312	+	36 (C) juvenile adjudication for a nonwaivable offense, as defined
	313	+	37 in IC 31-9-2-84.8 that, if committed by an adult, would be a
	314	+	38 felony;
	315	+	39 (2) notify the applicant of the determination under subdivision (1)
	316	+	40 without identifying a specific offense or other identifying
	317	+	41 information concerning a conviction or juvenile adjudication
	318	+	42 contained in the national criminal history record information;
	319	+	ES 266—LS 7075/DI 148 7
	320	+	1 (3) submit to the applicant a copy of any state limited criminal
	321	+	2 history report that the department receives on behalf of any person
	322	+	3 described in subsection (d); and
	323	+	4 (4) maintain a record of every report and all information it
	324	+	5 receives concerning a person described in subsection (d).
	325	+	6 (g) Except as provided in subsection (h), a criminal history check
	326	+	7 described in subsection (d) is required only at the time an application
	327	+	8 for a new license or the renewal of an existing license is submitted.
	328	+	9 (h) Except as provided in subsection (i), a criminal history check
	329	+	10 of each person described in subsection (d)(2) or (d)(3) must be
	330	+	11 completed on or before the date the person:
	331	+	12 (1) is employed;
	332	+	13 (2) is assigned as a volunteer; or
	333	+	14 (3) enters into, or the person's employing entity enters into, a
	334	+	15 contract with the applicant.
	335	+	16 (i) An individual may be employed by a group home as an
	336	+	17 employee, volunteer, or contractor before a criminal history check
	337	+	18 of the individual is completed as required under subsection (h) if
	338	+	19 all of the following conditions are satisfied:
	339	+	20 (1) The following checks have been completed regarding the
	340	+	21 individual:
	341	+	22 (A) A fingerprint based check of national crime
	342	+	23 information data bases under IC 31-9-2-22.5(1).
	343	+	24 (B) A national sex offender registry check under
	344	+	25 IC 31-9-2-22.5(3).
	345	+	26 (C) An in-state local criminal records check under
	346	+	27 IC 31-9-2-22.5(4).
	347	+	28 (D) An in-state child protection index check under
	348	+	29 IC 31-33-26.
	349	+	30 (2) If the individual has resided outside Indiana at any time
	350	+	31 during the five (5) years preceding the individual's date of
	351	+	32 hiring by the group home, the following checks have been
	352	+	33 requested regarding the individual:
	353	+	34 (A) An out-of-state child abuse registry check under
	354	+	35 IC 31-9-2-22.5(2).
	355	+	36 (B) An out-of-state local criminal records check under
	356	+	37 IC 31-9-2-22.5(4).
	357	+	38 (3) The individual's employment before the completion of the
	358	+	39 criminal history check required under subsection (h) is
	359	+	40 limited to training during which the individual:
	360	+	41 (A) does not have contact with children who are under the
	361	+	42 care and control of the group home; and
	362	+	ES 266—LS 7075/DI 148 8
	363	+	1 (B) does not have access to records containing information
	364	+	2 regarding children who are under the care and control of
	365	+	3 the group home.
	366	+	4 (4) The individual completes an attestation, under penalty of
	367	+	5 perjury, disclosing:
	368	+	6 (A) any abuse or neglect complaints made against the
	369	+	7 individual with the child welfare agency of a state other
	370	+	8 than Indiana in which the individual resided within the five
	371	+	9 (5) years preceding the date of the attestation; and
	372	+	10 (B) any contact the individual had with a law enforcement
	373	+	11 agency in connection with the individual's suspected or
	374	+	12 alleged commission of a crime in a state other than Indiana
	375	+	13 in which the individual resided within the five (5) years
	376	+	14 preceding the date of the attestation.
	377	+	15 (i) (j) The applicant is responsible for any fees associated with a
	378	+	16 criminal history check.
	379	+	17 (j) (k) The department shall, at the applicant's request, inform the
	380	+	18 applicant as to whether the department has or does not have a record of
	381	+	19 the person who is the subject of a criminal history check and whether
	382	+	20 the department has identified the person as an alleged perpetrator of
	383	+	21 abuse or neglect. The department may not provide to the applicant any
	384	+	22 details or personally identifying information contained in any child
	385	+	23 protective services investigation report.
	386	+	24 (k) (l) A person who is the subject of a criminal history check
	387	+	25 conducted in accordance with this section may request the state police
	388	+	26 department to provide the person with a copy of any state or national
	389	+	27 criminal history report concerning the person.
	390	+	28 SECTION 5. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
	391	+	29 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	392	+	30 UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
	393	+	31 placing agency license on forms provided by the department.
	394	+	32 (b) An applicant must submit the required information as part of the
	395	+	33 application.
	396	+	34 (c) The applicant must submit with the application a statement
	397	+	35 attesting the following:
	398	+	36 (1) Whether the applicant has been convicted of:
	399	+	37 (A) a felony; or
	400	+	38 (B) a misdemeanor relating to the health and safety of
	401	+	39 children.
	402	+	40 (2) Whether the applicant has been charged with:
	403	+	41 (A) a felony; or
	404	+	42 (B) a misdemeanor relating to the health and safety of
	405	+	ES 266—LS 7075/DI 148 9
	406	+	1 children;
	407	+	2 during the pendency of the application.
	408	+	3 (d) The department on behalf of an applicant, or, at the discretion of
	409	+	4 the department, an applicant, shall conduct a criminal history check of
	410	+	5 the following:
	411	+	6 (1) Each individual who is an applicant.
	412	+	7 (2) The director or manager of a facility where children will be
	413	+	8 placed.
	414	+	9 (3) Each employee, volunteer, or contractor of the applicant.
	415	+	10 (e) If the applicant conducts a criminal history check under
	416	+	11 subsection (d), the applicant shall:
	417	+	12 (1) maintain records of the information it receives concerning
	418	+	13 each individual who is the subject of a criminal history check; and
	419	+	14 (2) submit to the department a copy of the information it receives
	420	+	15 concerning each person described in subsection (d)(1) through
	421	+	16 (d)(3).
	422	+	17 (f) If the department conducts a criminal history check on behalf of
	423	+	18 an applicant under subsection (d), the department shall:
	424	+	19 (1) determine whether the subject of a national fingerprint based
	425	+	20 criminal history check has a record of a:
	426	+	21 (A) conviction for a felony;
	427	+	22 (B) conviction for a misdemeanor relating to the health and
	428	+	23 safety of a child; or
	429	+	24 (C) juvenile adjudication for a nonwaivable offense, as defined
	430	+	25 in IC 31-9-2-84.8 that, if committed by an adult, would be a
	431	+	26 felony;
	432	+	27 (2) notify the applicant of the determination under subdivision (1)
	433	+	28 without identifying a specific offense or other identifying
	434	+	29 information concerning a conviction or juvenile adjudication
	435	+	30 contained in the national criminal history record information;
	436	+	31 (3) submit to the applicant a copy of any state limited criminal
	437	+	32 history report that the department receives on behalf of any person
	438	+	33 described in subsection (d); and
	439	+	34 (4) maintain a record of every report and all information the
	440	+	35 department receives concerning a person described in subsection
	441	+	36 (d).
	442	+	37 (g) Except as provided in subsection (h), a criminal history check
	443	+	38 described in subsection (d) is required only at the time an application
	444	+	39 for a new license or the renewal of an existing license is submitted.
	445	+	40 (h) Except as provided in subsection (i), a criminal history check
	446	+	41 of each person described in subsection (d)(2) or (d)(3) must be
	447	+	42 completed on or before the date the person:
	448	+	ES 266—LS 7075/DI 148 10
	449	+	1 (1) is employed;
	450	+	2 (2) is assigned as a volunteer; or
	451	+	3 (3) enters into, or the person's employing entity enters into, a
	452	+	4 contract with the applicant.
	453	+	5 (i) An individual may be employed by a child placing agency as
	454	+	6 an employee, volunteer, or contractor before a criminal history
	455	+	7 check of the individual is completed as required under subsection
	456	+	8 (h) if all of the following conditions are satisfied:
	457	+	9 (1) The following checks have been completed regarding the
	458	+	10 individual:
	459	+	11 (A) A fingerprint based check of national crime
	460	+	12 information data bases under IC 31-9-2-22.5(1).
	461	+	13 (B) A national sex offender registry check under
	462	+	14 IC 31-9-2-22.5(3).
	463	+	15 (C) An in-state local criminal records check under
	464	+	16 IC 31-9-2-22.5(4).
	465	+	17 (D) An in-state child protection index check under
	466	+	18 IC 31-33-26.
	467	+	19 (2) If the individual has resided outside Indiana at any time
	468	+	20 during the five (5) years preceding the individual's date of
	469	+	21 hiring by the child placing agency, the following checks have
	470	+	22 been requested regarding the individual:
	471	+	23 (A) An out-of-state child abuse registry check under
	472	+	24 IC 31-9-2-22.5(2).
	473	+	25 (B) An out-of-state local criminal records check under
	474	+	26 IC 31-9-2-22.5(4).
	475	+	27 (3) The individual's employment before the completion of the
	476	+	28 criminal history check required under subsection (h) is
	477	+	29 limited to training during which the individual:
	478	+	30 (A) does not have contact with children who are under the
	479	+	31 care and control of the child placing agency; and
	480	+	32 (B) does not have access to records containing information
	481	+	33 regarding children who are under the care and control of
	482	+	34 the child placing agency.
	483	+	35 (4) The individual completes an attestation, under penalty of
	484	+	36 perjury, disclosing:
	485	+	37 (A) any abuse or neglect complaints made against the
	486	+	38 individual with the child welfare agency of a state other
	487	+	39 than Indiana in which the individual resided within the five
	488	+	40 (5) years preceding the date of the attestation; and
	489	+	41 (B) any contact the individual had with a law enforcement
	490	+	42 agency in connection with the individual's suspected or
	491	+	ES 266—LS 7075/DI 148 11
	492	+	1 alleged commission of a crime in a state other than Indiana
	493	+	2 in which the individual resided within the five (5) years
	494	+	3 preceding the date of the attestation.
	495	+	4 (i) (j) The applicant or facility is responsible for any fees associated
	496	+	5 with a criminal history check.
	497	+	6 (j) (k) The department shall, at the applicant's request, inform the
	498	+	7 applicant whether the department has or does not have a record of the
	499	+	8 person who is the subject of a criminal history check and if the
	500	+	9 department has identified the person as an alleged perpetrator of abuse
	501	+	10 or neglect. The department may not provide to the applicant any details
	502	+	11 or personally identifying information contained in any child protective
	503	+	12 investigation report.
	504	+	13 (k) (l) A person who is the subject of a criminal history check
	505	+	14 conducted in accordance with this section may request the state police
	506	+	15 department to provide the person with a copy of any state or national
	507	+	16 criminal history report concerning the person.
	508	+	17 SECTION 6. IC 31-27-7 IS ADDED TO THE INDIANA CODE AS
	509	+	18 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
	510	+	19 1, 2022]:
	511	+	20 Chapter 7. Department Base Rates Review
	512	+	21 Sec. 1. As used in this chapter, "base rate" has the same
	513	+	22 meaning as set forth in 465 IAC 2-16-4 (as in effect on December
	514	+	23 31, 2021).
	515	+	24 Sec. 2. As used in this chapter, "cost report" has the same
	516	+	25 meaning as set forth in 465 IAC 2-16-5 (as in effect on December
	517	+	26 31, 2021).
	518	+	27 Sec. 3. As used in this chapter, "residential treatment services
	519	+	28 provider" means the following:
	520	+	29 (1) A child caring institution, as defined in IC 31-9-2-16.7.
	521	+	30 (2) A group home, as defined in IC 31-9-2-48.5.
	522	+	31 (3) A secure private facility, as defined in IC 31-9-2-115.
	523	+	32 Sec. 4. For purposes of this chapter, the department shall
	524	+	33 determine whether a cost is reasonable based on what a reasonable
	525	+	34 person would pay in the same or similar circumstances for the
	526	+	35 same or similar item or service.
	527	+	36 Sec. 5. (a) A residential treatment services provider may request
	528	+	37 a review of the base rates approved by the department if the
	529	+	38 residential treatment services provider believes that an error or
	530	+	39 omission was made in the:
	531	+	40 (1) cost report that the residential treatment services provider
	532	+	41 submitted to the department;
	533	+	42 (2) department's calculation of the base rate; or
	534	+	ES 266—LS 7075/DI 148 12
	535	+	1 (3) department's determination of the reasonableness of a
	536	+	2 cost.
	537	+	3 (b) A request for review under subsection (a) must be:
	538	+	4 (1) submitted in writing to the department; and
	539	+	5 (2) received by the department not more than thirty (30) days
	540	+	6 after the date on which the department mailed a rate letter to
	541	+	7 the residential treatment services provider.
	542	+	8 Compliance with subdivision (2) is determined in the same manner
	543	+	9 by which compliance with the requirements for actions related to
	544	+	10 administrative proceedings is determined under IC 4-21.5-3-1 and
	545	+	11 IC 4-21.5-3-2.
	546	+	12 (c) A residential treatment services provider making a request
	547	+	13 for review under subsection (a) shall submit the request for review
	548	+	14 in the form and manner specified by the department, including:
	549	+	15 (1) identification of the current base rate and approved new
	550	+	16 base rate, as applicable to a specific program or service
	551	+	17 offered by the residential treatment services provider;
	552	+	18 (2) an itemized statement of administrative and indirect costs
	553	+	19 that the residential treatment services provider considers
	554	+	20 allowable under this chapter;
	555	+	21 (3) a clear, concise statement of the reasons for the requested
	556	+	22 change; and
	557	+	23 (4) a detailed statement supporting the requested change.
	558	+	24 The department shall not accept or process an incomplete request
	559	+	25 for review.
	560	+	26 (d) If a residential treatment services provider that submits a
	561	+	27 request for review under this chapter has a current license that is
	562	+	28 subject to current revocation proceedings, the department shall not
	563	+	29 act upon the request for review.
	564	+	30 (e) Not more than thirty (30) days after the date on which the
	565	+	31 department receives a request for review submitted under this
	566	+	32 chapter, the department shall conduct a review and:
	567	+	33 (1) provide the same written notice and an explanation of the
	568	+	34 department's decision to the residential treatment services
	569	+	35 provider; and
	570	+	36 (2) publish the notice and explanation on the department's
	571	+	37 Internet web site.
	572	+	38 (f) The explanation of the department's decision under
	573	+	39 subsection (e) must include a detailed explanation of the following:
	574	+	40 (1) The specific portion of the disputed cost that is being
	575	+	41 approved or denied for reimbursement.
	576	+	42 (2) Why the disputed cost being denied is unreasonable.
	577	+	ES 266—LS 7075/DI 148 13
	578	+	1 (3) The information the department used to make its
	579	+	2 determination.
	580	+	3 Sec. 6. If the residential treatment services provider proves that
	581	+	4 a cost was previously covered for any provider, or is associated
	582	+	5 with:
	583	+	6 (1) accreditation;
	584	+	7 (2) staff safety;
	585	+	8 (3) child safety; or
	586	+	9 (4) a department requirement;
	587	+	10 the department may consider approval of the cost.
	588	+	11 SECTION 7. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
	589	+	12 SECTION 680, IS AMENDED TO READ AS FOLLOWS
	590	+	13 [EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
	591	+	14 (Concerning the officers, and other employees, and certain
	592	+	15 contractors of the department of child services).
	593	+	16 SECTION 8. [EFFECTIVE JULY 1, 2022] (a) As used in this
	594	+	17 SECTION, "child caring institution" has the meaning set forth in
	595	+	18 IC 31-9-2-16.7.
	596	+	19 (b) As used in this SECTION, "department" has the meaning
	597	+	20 set forth in IC 31-9-2-38.5.
	598	+	21 (c) As used in this SECTION, "group home" has the meaning
	599	+	22 set forth in IC 31-9-2-48.5.
	600	+	23 (d) As used in this SECTION, "secure private facility" has the
	601	+	24 meaning set forth in IC 31-9-2-115.
	602	+	25 (e) For the state fiscal year beginning July 1, 2022, and ending
	603	+	26 June 30, 2023, the budget agency shall augment from the state
	604	+	27 general fund the amount of money appropriated for the
	605	+	28 department's family and children fund in P.L.165-2021 by fifteen
	606	+	29 million dollars ($15,000,000) to be used by the department to
	607	+	30 provide grants to child caring institutions, group homes, and
	608	+	31 secure private facilities for costs associated with increased wages
	609	+	32 for direct service staff.
	610	+	33 (f) A child caring institution, group home, or secure private
	611	+	34 facility may apply for a grant under this SECTION in a manner
	612	+	35 prescribed by the department.
	613	+	36 (g) Costs paid using a grant received under this SECTION may
	614	+	37 not be disallowed when setting rates for subsequent state fiscal
	615	+	38 years.
	616	+	39 (h) The department shall, before September 1, 2022, and on July
	617	+	40 1, 2023, submit to the commission on improving the status of
	618	+	41 children in Indiana, and to the executive director of the legislative
	619	+	42 services agency for distribution to the general assembly, a report
	620	+	ES 266—LS 7075/DI 148 14
	621	+	1 that provides the following information:
	622	+	2 (1) The number of child caring institutions, group homes, and
	623	+	3 secure private facilities that have received a grant under this
	624	+	4 SECTION.
	625	+	5 (2) The number of child caring institutions, group homes, and
	626	+	6 secure private facilities that have not received a grant under
	627	+	7 this SECTION.
	628	+	8 (3) The child caring institutions, group homes, and secure
	629	+	9 private facilities that have received a grant under this
	630	+	10 SECTION.
	631	+	11 (4) The child caring institutions, group homes, and secure
	632	+	12 private facilities that have not received a grant under this
	633	+	13 SECTION.
	634	+	14 (5) Of the amount applied for by each child caring institution,
	635	+	15 group home, and secure private facility that applied for a
	636	+	16 grant under this SECTION:
	637	+	17 (A) the amount that was provided to the child caring
	638	+	18 institution, group home, or secure private facility; and
	639	+	19 (B) the amount that was denied to the child caring
	640	+	20 institution, group home, or secure private facility.
	641	+	21 (6) The criteria considered and standards used by the
	642	+	22 department in making determinations regarding the provision
	643	+	23 of grants under this SECTION.
	644	+	24 The report submitted under this subsection must be in an
	645	+	25 electronic format under IC 5-14-6.
	646	+	26 (i) This SECTION expires July 1, 2025.
	647	+	27 SECTION 9. An emergency is declared for this act.
	648	+	ES 266—LS 7075/DI 148 15
	649	+	COMMITTEE REPORT
	650	+	Madam President: The Senate Committee on Family and Children
	651	+	Services, to which was referred Senate Bill No. 266, has had the same
	652	+	under consideration and begs leave to report the same back to the
	653	+	Senate with the recommendation that said bill be AMENDED as
	654	+	follows:
	655	+	Page 3, line 2, delete "and send notice of" and insert "and:
	656	+	(1) mail written notice and an explanation of the department's
	657	+	decision to:
	658	+	(A) the residential treatment services provider;
	659	+	(B) the state representative and senator of the district in
	660	+	which the residential treatment services provider is
	661	+	located;
	662	+	(C) the chairperson of the house committee on family,
	663	+	children, and human affairs; and
	664	+	(D) the chairperson of the senate committee on family and
	665	+	children services; and
	666	+	(2) publish the notice and explanation on the department's
	667	+	Internet web site.".
	668	+	Page 3, delete lines 3 through 5, begin a new paragraph and insert:
	669	+	"(f) The explanation of the department's decision under
	670	+	subsection (e) must include a robust explanation of the following:".
	671	+	Page 3, line 15, delete "approve the cost." and insert "give special
	672	+	consideration to approval of the cost.".
	673	+	and when so amended that said bill do pass.
	674	+	(Reference is to SB 266 as introduced.)
	675	+	ROGERS, Chairperson
	676	+	Committee Vote: Yeas 6, Nays 0.
	677	+	_____
	678	+	SENATE MOTION
	679	+	Madam President: I move that Senate Bill 266 be amended to read
	680	+	as follows:
	681	+	Page 3, after line 27, begin a new paragraph and insert:
	682	+	"SECTION 2. [EFFECTIVE UPON PASSAGE] (a) The legislative
	683	+	council is urged to assign to the appropriate interim study
	684	+	committee the topic of privatizing the department of child services.
	685	+	ES 266—LS 7075/DI 148 16
	686	+	(b) This SECTION expires January 1, 2023.
	687	+	SECTION 3. An emergency is declared for this act.".
	688	+	Renumber all SECTIONS consecutively.
	689	+	(Reference is to SB 266 as printed January 25, 2022.)
	690	+	HOLDMAN
	691	+	_____
	692	+	COMMITTEE REPORT
	693	+	Mr. Speaker: Your Committee on Family, Children and Human
	694	+	Affairs, to which was referred Senate Bill 266, has had the same under
	695	+	consideration and begs leave to report the same back to the House with
	696	+	the recommendation that said bill be amended as follows:
	697	+	Page 1, between the enacting clause and line 1, begin a new
	698	+	paragraph and insert the following:
	699	+	"SECTION 1. IC 31-25-2-2.5, AS ADDED BY P.L.146-2008,
	700	+	SECTION 563, IS AMENDED TO READ AS FOLLOWS
	701	+	[EFFECTIVE UPON PASSAGE]: Sec. 2.5. (a) The following are not
	702	+	personally liable, except to the state, for an official act done or omitted
	703	+	in connection with performance of duties under this title:
	704	+	(1) The director of the department.
	705	+	(2) Other officers and employees of the department.
	706	+	(b) An individual or a nonprofit corporation organized under
	707	+	the laws of Indiana is not liable, except to the state, for an act done
	708	+	or omitted in connection with the individual's or nonprofit
	709	+	corporation's provision of services described in section 7(a) of this
	710	+	chapter under a contract entered into with the department.
	711	+	SECTION 2. IC 31-27-3-3, AS AMENDED BY P.L.243-2019,
16	712		SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	713		UPON PASSAGE]: Sec. 3. (a) An applicant must apply for a child
18	714		caring institution license on forms provided by the department.
19	715		(b) An applicant must submit the required information as part of the
20	716		application.
21	717		(c) The applicant must submit with the application a statement
22	718		attesting the following:
23	719		(1) Whether the applicant has been convicted of:
24	720		(A) a felony; or
25	721		(B) a misdemeanor relating to the health and safety of
26	722		children.
27	723		(2) Whether the applicant has been charged with:
	724	+	ES 266—LS 7075/DI 148 17
28	725		(A) a felony; or
29	726		(B) a misdemeanor relating to the health and safety of
30	727		children;
31	728		during the pendency of the application.
32	729		(d) The department, on behalf of an applicant, or, at the discretion
33	730		of the department, an applicant, shall conduct a criminal history check
34	731		of the following:
35	732		(1) Each individual who is an applicant.
36	733		(2) The director or manager of a facility where children will be
37		-	SEA 266 — CC 1 2
38	734		placed.
39	735		(3) Each employee, volunteer, or contractor of the applicant.
40	736		(e) If the applicant conducts a criminal history check under
41	737		subsection (d), the applicant shall:
42	738		(1) maintain records of the information it receives concerning
43	739		each individual who is the subject of a criminal history check; and
44	740		(2) submit to the department a copy of the information it receives
45	741		concerning each person described in subsection (d)(1) through
46	742		(d)(3).
47	743		(f) If the department conducts a criminal history check on behalf of
48	744		an applicant under subsection (d), the department shall:
49	745		(1) determine whether the subject of a national fingerprint based
50	746		criminal history check has a record of:
51	747		(A) a conviction for a felony;
52	748		(B) a conviction for a misdemeanor relating to the health and
53	749		safety of a child; or
54	750		(C) a juvenile adjudication for a nonwaivable offense, as
55	751		defined in IC 31-9-2-84.8 that, if committed by an adult,
56	752		would be a felony;
57	753		(2) notify the applicant of the determination under subdivision (1)
58	754		without identifying a specific offense or other identifying
59	755		information concerning a conviction or juvenile adjudication
60	756		contained in the national criminal history record information;
61	757		(3) submit to the applicant a copy of any state limited criminal
62	758		history report that the department receives on behalf of any person
63	759		described in subsection (d); and
64	760		(4) maintain a record of every report and all information the
65	761		department receives concerning a person described in subsection
66	762		(d).
67	763		(g) Except as provided in subsection (h), a criminal history check
68	764		described in subsection (d) is required only at the time an application
69	765		for a new license or the renewal of an existing license is submitted.
70	766		(h) Except as provided in subsection (i), a criminal history check
	767	+	ES 266—LS 7075/DI 148 18
71	768		of each person described in subsection (d)(2) or (d)(3) must be
72	769		completed on or before the date the person:
73	770		(1) is employed;
74	771		(2) is assigned as a volunteer; or
75	772		(3) enters into, or the person's employing entity enters into, a
76	773		contract with the applicant.
77	774		(i) An individual may be employed by a child caring institution
78	775		as an employee, volunteer, or contractor before a criminal history
79	776		check of the individual is completed as required under subsection
80		-	SEA 266 — CC 1 3
81	777		(h) if all of the following conditions are satisfied:
82	778		(1) The following checks have been completed regarding the
83	779		individual:
84	780		(A) A fingerprint based check of national crime
85	781		information data bases under IC 31-9-2-22.5(1).
86	782		(B) A national sex offender registry check under
87	783		IC 31-9-2-22.5(3).
88	784		(C) An in-state local criminal records check under
89	785		IC 31-9-2-22.5(4).
90	786		(D) An in-state child protection index check under
91	787		IC 31-33-26.
92	788		(2) If the individual has resided outside Indiana at any time
93	789		during the five (5) years preceding the individual's date of
94	790		hiring by the child caring institution, the following checks
95	791		have been requested regarding the individual:
96	792		(A) An out-of-state child abuse registry check under
97	793		IC 31-9-2-22.5(2).
98	794		(B) An out-of-state local criminal records check under
99	795		IC 31-9-2-22.5(4).
100	796		(3) The individual's employment before the completion of the
101	797		criminal history check required under subsection (h) is
102	798		limited to training during which the individual:
103	799		(A) does not have contact with children who are under the
104	800		care and control of the child caring institution; and
105	801		(B) does not have access to records containing information
106	802		regarding children who are under the care and control of
107	803		the child caring institution.
108	804		(4) The individual completes an attestation, under penalty of
109	805		perjury, disclosing:
110	806		(A) any abuse or neglect complaints made against the
111	807		individual with the child welfare agency of a state other
112	808		than Indiana in which the individual resided within the five
113	809		(5) years preceding the date of the attestation; and
	810	+	ES 266—LS 7075/DI 148 19
114	811		(B) any contact the individual had with a law enforcement
115	812		agency in connection with the individual's suspected or
116	813		alleged commission of a crime in a state other than Indiana
117	814		in which the individual resided within the five (5) years
118	815		preceding the date of the attestation.
119	816		(i) (j) The applicant or facility is responsible for any fees associated
120	817		with a criminal history check.
121	818		(j) (k) The department shall, at the applicant's request, inform the
122	819		applicant whether the department has or does not have a record of the
123		-	SEA 266 — CC 1 4
124	820		person who is the subject of a criminal history check and if the
125	821		department has identified the person as an alleged perpetrator of abuse
126	822		or neglect. The department may not provide to the applicant any details
127	823		or personally identifying information contained in any child protective
128	824		services investigation report.
129	825		(k) (l) A person who is the subject of a criminal history check
130	826		conducted in accordance with this section may request the state police
131	827		department to provide the person with a copy of any state or national
132	828		criminal history report concerning the person.
133		-	SECTION 2. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
	829	+	SECTION 3. IC 31-27-5-4, AS AMENDED BY P.L.243-2019,
134	830		SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135	831		UPON PASSAGE]: Sec. 4. (a) An applicant must apply for a group
136	832		home license on forms provided by the department.
137	833		(b) An applicant must submit the required information as part of the
138	834		application.
139	835		(c) An applicant must submit with the application a statement
140	836		attesting the following:
141	837		(1) Whether the applicant has been convicted of:
142	838		(A) a felony; or
143	839		(B) a misdemeanor relating to the health and safety of
144	840		children.
145	841		(2) Whether the applicant has been charged with:
146	842		(A) a felony; or
147	843		(B) a misdemeanor relating to the health and safety of
148	844		children;
149	845		during the pendency of the application.
150	846		(d) The department on behalf of an applicant, or, at the discretion of
151	847		the department, an applicant, shall conduct a criminal history check of
152	848		the following:
153	849		(1) Each individual who is an applicant.
154	850		(2) The director or manager of a facility where children will be
155	851		placed.
156	852		(3) Each employee, volunteer, or contractor of the applicant.
	853	+	ES 266—LS 7075/DI 148 20
157	854		(e) If the applicant conducts a criminal history check under
158	855		subsection (d), the applicant shall:
159	856		(1) maintain records of the information it receives concerning
160	857		each individual who is the subject of a criminal history check; and
161	858		(2) submit to the department a copy of the information the
162	859		applicant receives concerning each person described in subsection
163	860		(d)(1) through (d)(3).
164	861		(f) If the department conducts a criminal history check on behalf of
165	862		an applicant under subsection (d), the department shall:
166		-	SEA 266 — CC 1 5
167	863		(1) determine whether the subject of a national fingerprint based
168	864		criminal history check has a record of a:
169	865		(A) conviction for a felony;
170	866		(B) conviction for a misdemeanor relating to the health and
171	867		safety of a child; or
172	868		(C) juvenile adjudication for a nonwaivable offense, as defined
173	869		in IC 31-9-2-84.8 that, if committed by an adult, would be a
174	870		felony;
175	871		(2) notify the applicant of the determination under subdivision (1)
176	872		without identifying a specific offense or other identifying
177	873		information concerning a conviction or juvenile adjudication
178	874		contained in the national criminal history record information;
179	875		(3) submit to the applicant a copy of any state limited criminal
180	876		history report that the department receives on behalf of any person
181	877		described in subsection (d); and
182	878		(4) maintain a record of every report and all information it
183	879		receives concerning a person described in subsection (d).
184	880		(g) Except as provided in subsection (h), a criminal history check
185	881		described in subsection (d) is required only at the time an application
186	882		for a new license or the renewal of an existing license is submitted.
187	883		(h) Except as provided in subsection (i), a criminal history check
188	884		of each person described in subsection (d)(2) or (d)(3) must be
189	885		completed on or before the date the person:
190	886		(1) is employed;
191	887		(2) is assigned as a volunteer; or
192	888		(3) enters into, or the person's employing entity enters into, a
193	889		contract with the applicant.
194	890		(i) An individual may be employed by a group home as an
195	891		employee, volunteer, or contractor before a criminal history check
196	892		of the individual is completed as required under subsection (h) if
197	893		all of the following conditions are satisfied:
198	894		(1) The following checks have been completed regarding the
199	895		individual:
	896	+	ES 266—LS 7075/DI 148 21
200	897		(A) A fingerprint based check of national crime
201	898		information data bases under IC 31-9-2-22.5(1).
202	899		(B) A national sex offender registry check under
203	900		IC 31-9-2-22.5(3).
204	901		(C) An in-state local criminal records check under
205	902		IC 31-9-2-22.5(4).
206	903		(D) An in-state child protection index check under
207	904		IC 31-33-26.
208	905		(2) If the individual has resided outside Indiana at any time
209		-	SEA 266 — CC 1 6
210	906		during the five (5) years preceding the individual's date of
211	907		hiring by the group home, the following checks have been
212	908		requested regarding the individual:
213	909		(A) An out-of-state child abuse registry check under
214	910		IC 31-9-2-22.5(2).
215	911		(B) An out-of-state local criminal records check under
216	912		IC 31-9-2-22.5(4).
217	913		(3) The individual's employment before the completion of the
218	914		criminal history check required under subsection (h) is
219	915		limited to training during which the individual:
220	916		(A) does not have contact with children who are under the
221	917		care and control of the group home; and
222	918		(B) does not have access to records containing information
223	919		regarding children who are under the care and control of
224	920		the group home.
225	921		(4) The individual completes an attestation, under penalty of
226	922		perjury, disclosing:
227	923		(A) any abuse or neglect complaints made against the
228	924		individual with the child welfare agency of a state other
229	925		than Indiana in which the individual resided within the five
230	926		(5) years preceding the date of the attestation; and
231	927		(B) any contact the individual had with a law enforcement
232	928		agency in connection with the individual's suspected or
233	929		alleged commission of a crime in a state other than Indiana
234	930		in which the individual resided within the five (5) years
235	931		preceding the date of the attestation.
236	932		(i) (j) The applicant is responsible for any fees associated with a
237	933		criminal history check.
238	934		(j) (k) The department shall, at the applicant's request, inform the
239	935		applicant as to whether the department has or does not have a record of
240	936		the person who is the subject of a criminal history check and whether
241	937		the department has identified the person as an alleged perpetrator of
242	938		abuse or neglect. The department may not provide to the applicant any
	939	+	ES 266—LS 7075/DI 148 22
243	940		details or personally identifying information contained in any child
244	941		protective services investigation report.
245	942		(k) (l) A person who is the subject of a criminal history check
246	943		conducted in accordance with this section may request the state police
247	944		department to provide the person with a copy of any state or national
248	945		criminal history report concerning the person.
249		-	SECTION 3. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
	946	+	SECTION 4. IC 31-27-6-2, AS AMENDED BY P.L.243-2019,
250	947		SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251	948		UPON PASSAGE]: Sec. 2. (a) An applicant must apply for a child
252		-	SEA 266 — CC 1 7
253	949		placing agency license on forms provided by the department.
254	950		(b) An applicant must submit the required information as part of the
255	951		application.
256	952		(c) The applicant must submit with the application a statement
257	953		attesting the following:
258	954		(1) Whether the applicant has been convicted of:
259	955		(A) a felony; or
260	956		(B) a misdemeanor relating to the health and safety of
261	957		children.
262	958		(2) Whether the applicant has been charged with:
263	959		(A) a felony; or
264	960		(B) a misdemeanor relating to the health and safety of
265	961		children;
266	962		during the pendency of the application.
267	963		(d) The department on behalf of an applicant, or, at the discretion of
268	964		the department, an applicant, shall conduct a criminal history check of
269	965		the following:
270	966		(1) Each individual who is an applicant.
271	967		(2) The director or manager of a facility where children will be
272	968		placed.
273	969		(3) Each employee, volunteer, or contractor of the applicant.
274	970		(e) If the applicant conducts a criminal history check under
275	971		subsection (d), the applicant shall:
276	972		(1) maintain records of the information it receives concerning
277	973		each individual who is the subject of a criminal history check; and
278	974		(2) submit to the department a copy of the information it receives
279	975		concerning each person described in subsection (d)(1) through
280	976		(d)(3).
281	977		(f) If the department conducts a criminal history check on behalf of
282	978		an applicant under subsection (d), the department shall:
283	979		(1) determine whether the subject of a national fingerprint based
284	980		criminal history check has a record of a:
285	981		(A) conviction for a felony;
	982	+	ES 266—LS 7075/DI 148 23
286	983		(B) conviction for a misdemeanor relating to the health and
287	984		safety of a child; or
288	985		(C) juvenile adjudication for a nonwaivable offense, as defined
289	986		in IC 31-9-2-84.8 that, if committed by an adult, would be a
290	987		felony;
291	988		(2) notify the applicant of the determination under subdivision (1)
292	989		without identifying a specific offense or other identifying
293	990		information concerning a conviction or juvenile adjudication
294	991		contained in the national criminal history record information;
295		-	SEA 266 — CC 1 8
296	992		(3) submit to the applicant a copy of any state limited criminal
297	993		history report that the department receives on behalf of any person
298	994		described in subsection (d); and
299	995		(4) maintain a record of every report and all information the
300	996		department receives concerning a person described in subsection
301	997		(d).
302	998		(g) Except as provided in subsection (h), a criminal history check
303	999		described in subsection (d) is required only at the time an application
304	1000		for a new license or the renewal of an existing license is submitted.
305	1001		(h) Except as provided in subsection (i), a criminal history check
306	1002		of each person described in subsection (d)(2) or (d)(3) must be
307	1003		completed on or before the date the person:
308	1004		(1) is employed;
309	1005		(2) is assigned as a volunteer; or
310	1006		(3) enters into, or the person's employing entity enters into, a
311	1007		contract with the applicant.
312	1008		(i) An individual may be employed by a child placing agency as
313	1009		an employee, volunteer, or contractor before a criminal history
314	1010		check of the individual is completed as required under subsection
315	1011		(h) if all of the following conditions are satisfied:
316	1012		(1) The following checks have been completed regarding the
317	1013		individual:
318	1014		(A) A fingerprint based check of national crime
319	1015		information data bases under IC 31-9-2-22.5(1).
320	1016		(B) A national sex offender registry check under
321	1017		IC 31-9-2-22.5(3).
322	1018		(C) An in-state local criminal records check under
323	1019		IC 31-9-2-22.5(4).
324	1020		(D) An in-state child protection index check under
325	1021		IC 31-33-26.
326	1022		(2) If the individual has resided outside Indiana at any time
327	1023		during the five (5) years preceding the individual's date of
328	1024		hiring by the child placing agency, the following checks have
	1025	+	ES 266—LS 7075/DI 148 24
329	1026		been requested regarding the individual:
330	1027		(A) An out-of-state child abuse registry check under
331	1028		IC 31-9-2-22.5(2).
332	1029		(B) An out-of-state local criminal records check under
333	1030		IC 31-9-2-22.5(4).
334	1031		(3) The individual's employment before the completion of the
335	1032		criminal history check required under subsection (h) is
336	1033		limited to training during which the individual:
337	1034		(A) does not have contact with children who are under the
338		-	SEA 266 — CC 1 9
339	1035		care and control of the child placing agency; and
340	1036		(B) does not have access to records containing information
341	1037		regarding children who are under the care and control of
342	1038		the child placing agency.
343	1039		(4) The individual completes an attestation, under penalty of
344	1040		perjury, disclosing:
345	1041		(A) any abuse or neglect complaints made against the
346	1042		individual with the child welfare agency of a state other
347	1043		than Indiana in which the individual resided within the five
348	1044		(5) years preceding the date of the attestation; and
349	1045		(B) any contact the individual had with a law enforcement
350	1046		agency in connection with the individual's suspected or
351	1047		alleged commission of a crime in a state other than Indiana
352	1048		in which the individual resided within the five (5) years
353	1049		preceding the date of the attestation.
354	1050		(i) (j) The applicant or facility is responsible for any fees associated
355	1051		with a criminal history check.
356	1052		(j) (k) The department shall, at the applicant's request, inform the
357	1053		applicant whether the department has or does not have a record of the
358	1054		person who is the subject of a criminal history check and if the
359	1055		department has identified the person as an alleged perpetrator of abuse
360	1056		or neglect. The department may not provide to the applicant any details
361	1057		or personally identifying information contained in any child protective
362	1058		investigation report.
363	1059		(k) (l) A person who is the subject of a criminal history check
364	1060		conducted in accordance with this section may request the state police
365	1061		department to provide the person with a copy of any state or national
366		-	criminal history report concerning the person.
367		-	SECTION 4. IC 31-27-7 IS ADDED TO THE INDIANA CODE AS
368		-	A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
369		-	1, 2022]:
370		-	Chapter 7. Department Base Rates Review
371		-	Sec. 1. As used in this chapter, "base rate" has the same
372		-	meaning as set forth in 465 IAC 2-16-4 (as in effect on December
373		-	31, 2021).
374		-	Sec. 2. As used in this chapter, "child services provider" means
375		-	the following:
376		-	(1) A child caring institution, as defined in IC 31-9-2-16.7.
377		-	(2) A group home, as defined in IC 31-9-2-48.5.
378		-	(3) A licensed child placing agency, as defined in
379		-	IC 31-9-2-17.5.
380		-	(4) A secure private facility, as defined in IC 31-9-2-115.
381		-	SEA 266 — CC 1 10
382		-	Sec. 3. As used in this chapter, "cost report" has the meaning set
383		-	forth in 465 IAC 2-16-5 (as in effect on December 31, 2021).
384		-	Sec. 4. For purposes of this chapter, the department shall
385		-	determine whether a cost is reasonable based on what a reasonable
386		-	person would pay in the same or similar circumstances for the
387		-	same or similar item or service.
388		-	Sec. 5. (a) A child services provider may request a review of the
389		-	base rates approved by the department if the child services
390		-	provider believes that an error or omission was made in the:
391		-	(1) cost report that the child services provider submitted to
392		-	the department;
393		-	(2) department's calculation of the base rate; or
394		-	(3) department's determination of the reasonableness of a
395		-	cost.
396		-	(b) A request for review under subsection (a) must be:
397		-	(1) submitted in writing to the department; and
398		-	(2) received by the department not more than thirty (30) days
399		-	after the date on which the department mailed a rate letter to
400		-	the child services provider.
401		-	Compliance with subdivision (2) is determined in the same manner
402		-	by which compliance with the requirements for actions related to
403		-	administrative proceedings is determined under IC 4-21.5-3-1 and
404		-	IC 4-21.5-3-2.
405		-	(c) A child services provider making a request for review under
406		-	subsection (a) shall submit the request for review in the form and
407		-	manner specified by the department, including:
408		-	(1) identification of the current base rate and approved new
409		-	base rate, as applicable to a specific program or service
410		-	offered by the child services provider;
411		-	(2) an itemized statement of administrative and indirect costs
412		-	that the child services provider considers allowable under this
413		-	chapter;
414		-	(3) a clear, concise statement of the reasons for the requested
415		-	change; and
416		-	(4) a detailed statement supporting the requested change.
417		-	The department shall not accept or process an incomplete request
418		-	for review.
419		-	(d) If a child services provider that submits a request for review
420		-	under this chapter has a current license that is subject to current
421		-	revocation proceedings, the department shall not act upon the
422		-	request for review.
423		-	(e) Not more than thirty (30) days after the date on which the
424		-	SEA 266 — CC 1 11
425		-	department receives a request for review submitted under this
426		-	chapter, the department shall conduct a review and:
427		-	(1) provide written notice and an explanation of the
428		-	department's decision to the child services provider; and
429		-	(2) publish the notice and explanation of the department's
430		-	decision on the department's Internet web site.
431		-	(f) The department shall provide to the commission on
432		-	improving the status of children the same notice and explanation
433		-	of the department's decision provided to the child services provider
434		-	under subsection (e), and the commission shall publish the notice
435		-	on the commission's Internet web site.
436		-	(g) The explanation of the department's decision under
437		-	subsection (e) must include a detailed explanation of the following:
438		-	(1) The specific portion of the disputed cost that is being
439		-	approved or denied for reimbursement.
440		-	(2) Why the disputed cost being denied is unreasonable.
441		-	(3) The information the department used to make its
442		-	determination.
443		-	Sec. 6. If the child services provider proves that a cost was
444		-	previously covered for any provider, or is associated with:
445		-	(1) accreditation;
446		-	(2) staff safety;
447		-	(3) child safety; or
448		-	(4) a department requirement;
449		-	the department may give special consideration to approval of the
450		-	cost.
451		-	SECTION 5. An emergency is declared for this act.
452		-	SEA 266 — CC 1 President of the Senate
453		-	President Pro Tempore
454		-	Speaker of the House of Representatives
455		-	Governor of the State of Indiana
456		-	Date: Time:
457		-	SEA 266 — CC 1
	1062	+	criminal history report concerning the person.".
	1063	+	Page 3, line 3, after "mail" insert "the same".
	1064	+	Page 3, line 16, delete "robust" and insert "detailed".
	1065	+	Page 3, line 17, delete "department's approval or denial." and insert
	1066	+	"specific portion of the disputed cost that is being approved or
	1067	+	denied for reimbursement.".
	1068	+	ES 266—LS 7075/DI 148 25
	1069	+	Page 3, line 18, delete "The reasonableness of each disputed cost."
	1070	+	and insert "Why the disputed cost being denied is unreasonable.".
	1071	+	Page 3, between lines 18 and 19, begin a new line block indented
	1072	+	and insert:
	1073	+	"(3) The information the department used to make its
	1074	+	determination.".
	1075	+	Page 3, between lines 27 and 28, begin a new paragraph and insert:
	1076	+	"SECTION 6. IC 34-30-2-133.6, AS ADDED BY P.L.146-2008,
	1077	+	SECTION 680, IS AMENDED TO READ AS FOLLOWS
	1078	+	[EFFECTIVE UPON PASSAGE]: Sec. 133.6. IC 31-25-2-2.5
	1079	+	(Concerning the officers, and other employees, and certain
	1080	+	contractors of the department of child services).".
	1081	+	Renumber all SECTIONS consecutively.
	1082	+	and when so amended that said bill do pass.
	1083	+	(Reference is to SB 266 as reprinted January 28, 2022.)
	1084	+	DEVON
	1085	+	Committee Vote: yeas 12, nays 0.
	1086	+	_____
	1087	+	COMMITTEE REPORT
	1088	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	1089	+	referred Engrossed Senate Bill 266, has had the same under
	1090	+	consideration and begs leave to report the same back to the House with
	1091	+	the recommendation that said bill be amended as follows:
	1092	+	Page 1, between the enacting clause and line 1, begin a new
	1093	+	paragraph and insert:
	1094	+	"SECTION 1. IC 12-15-15-1.2, AS ADDED BY P.L.132-2021,
	1095	+	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1096	+	UPON PASSAGE]: Sec. 1.2. (a) This section applies only to state fiscal
	1097	+	years beginning after June 30, 2021, and ending before July 1, 2023.
	1098	+	(b) As used in this section, "children's hospital" means:
	1099	+	(1) a freestanding general acute care hospital that:
	1100	+	(A) is designated by the Medicare program as a children's
	1101	+	hospital; or
	1102	+	(B) furnishes inpatient and outpatient health care services to
	1103	+	patients who are predominantly individuals less than nineteen
	1104	+	(19) years of age; or
	1105	+	ES 266—LS 7075/DI 148 26
	1106	+	(2) a facility located within a freestanding general acute care
	1107	+	hospital that:
	1108	+	(A) is designated by the Medicare program as a children's
	1109	+	hospital; or
	1110	+	(B) furnishes inpatient and outpatient health care services to
	1111	+	patients who are predominately individuals less than nineteen
	1112	+	(19) years of age.
	1113	+	(c) This section applies to reimbursement for inpatient Medicaid
	1114	+	services and outpatient Medicaid services provided to a Medicaid
	1115	+	recipient who is less than nineteen (19) years of age at a children's
	1116	+	hospital that is located in a state bordering Indiana. This section does
	1117	+	not apply to reimbursement for non-emergency medical transportation.
	1118	+	(d) Subject to subsection (a), the office shall reimburse a children's
	1119	+	hospital for covered services provided to a Medicaid recipient that is
	1120	+	described in subsection (c) at a rate set by the secretary that is based on
	1121	+	a reimbursement formula that is:
	1122	+	(1) comparable to the current federal Medicare reimbursement
	1123	+	rate for the service provided by the children's hospital; or
	1124	+	(2) one hundred thirty percent (130%) of the Medicaid
	1125	+	reimbursement rate for a service that does not have a Medicare
	1126	+	reimbursement rate.
	1127	+	(e) Before September 1, 2021, the office shall apply to the United
	1128	+	States Department of Health and Human Services for any state plan
	1129	+	amendment or Medicaid waiver necessary to implement and administer
	1130	+	this section.
	1131	+	(f) The office may adopt rules under IC 4-22-2 necessary for the
	1132	+	implementation of this section.
	1133	+	(g) Not later than September 30, 2022, the office shall complete
	1134	+	a review of methods of calculating outlier payments in a way that
	1135	+	does not negatively impact final reimbursement determined
	1136	+	according to the rate set under subsection (d) as compared to final
	1137	+	reimbursement when calculated as if the rate adjustment was not
	1138	+	required under subsection (d).
	1139	+	(g) (h) This section expires July 1, 2023.".
	1140	+	Page 1, delete lines 8 through 12, begin a new paragraph and insert:
	1141	+	"(b) Except as provided in subsection (c), a nongovernmental
	1142	+	entity that contracts with the department, and the
	1143	+	nongovernmental entity's employee who is acting within the scope
	1144	+	of the contract, is immune from civil liability for injury to an
	1145	+	individual or an individual's property that occurs:
	1146	+	(1) under the nongovernmental entity's supervision; and
	1147	+	(2) while the individual is receiving services described in
	1148	+	ES 266—LS 7075/DI 148 27
	1149	+	section 7(a)(6) of this chapter.
	1150	+	(c) Subsection (b) does not apply to the following:
	1151	+	(1) A qualified health care provider against whom a medical
	1152	+	malpractice claim is filed under IC 34-18.
	1153	+	(2) A person that commits:
	1154	+	(A) gross negligence;
	1155	+	(B) willful or wanton misconduct; or
	1156	+	(C) intentional misconduct.".
	1157	+	Page 10, line 11, delete "means a report" and insert "has the same
	1158	+	meaning as set forth in 465 IAC 2-16-5 (as in effect on December
	1159	+	31, 2021).".
	1160	+	Page 10, delete lines 12 through 14.
	1161	+	Page 10, delete lines 20 through 21.
	1162	+	Page 11, line 23, delete "mail" and insert "provide".
	1163	+	Page 11, line 24, delete "to:" and insert "to the residential
	1164	+	treatment services provider; and".
	1165	+	Page 11, delete lines 25 through 32.
	1166	+	Page 12, line 7, delete "shall give special consideration to" and
	1167	+	insert "may consider".
	1168	+	Page 12, delete lines 14 through 17, begin a new paragraph and
	1169	+	insert:
	1170	+	"SECTION 8. [EFFECTIVE JULY 1, 2022] (a) As used in this
	1171	+	SECTION, "child caring institution" has the meaning set forth in
	1172	+	IC 31-9-2-16.7.
	1173	+	(b) As used in this SECTION, "department" has the meaning
	1174	+	set forth in IC 31-9-2-38.5.
	1175	+	(c) As used in this SECTION, "group home" has the meaning
	1176	+	set forth in IC 31-9-2-48.5.
	1177	+	(d) As used in this SECTION, "secure private facility" has the
	1178	+	meaning set forth in IC 31-9-2-115.
	1179	+	(e) For the state fiscal year beginning July 1, 2022, and ending
	1180	+	June 30, 2023, the budget agency shall augment from the state
	1181	+	general fund the amount of money appropriated for the
	1182	+	department's family and children fund in P.L.165-2021 by fifteen
	1183	+	million dollars ($15,000,000) to be used by the department to
	1184	+	provide grants to child caring institutions, group homes, and
	1185	+	secure private facilities for costs associated with increased wages
	1186	+	for direct service staff.
	1187	+	(f) A child caring institution, group home, or secure private
	1188	+	facility may apply for a grant under this SECTION in a manner
	1189	+	prescribed by the department.
	1190	+	(g) Costs paid using a grant received under this SECTION may
	1191	+	ES 266—LS 7075/DI 148 28
	1192	+	not be disallowed when setting rates for subsequent state fiscal
	1193	+	years.
	1194	+	(h) This SECTION expires July 1, 2025.".
	1195	+	Renumber all SECTIONS consecutively.
	1196	+	and when so amended that said bill do pass.
	1197	+	(Reference is to ESB 266 as printed February 17, 2022.)
	1198	+	BROWN T
	1199	+	Committee Vote: yeas 19, nays 0.
	1200	+	_____
	1201	+	HOUSE MOTION
	1202	+	Mr. Speaker: I move that Engrossed Senate Bill 266 be amended to
	1203	+	read as follows:
	1204	+	Page 13, between lines 38 and 39, begin a new paragraph and insert:
	1205	+	"(h) The department shall, before September 1, 2022, and on
	1206	+	July 1, 2023, submit to the commission on improving the status of
	1207	+	children in Indiana, and to the executive director of the legislative
	1208	+	services agency for distribution to the general assembly, a report
	1209	+	that provides the following information:
	1210	+	(1) The number of child caring institutions, group homes, and
	1211	+	secure private facilities that have received a grant under this
	1212	+	SECTION.
	1213	+	(2) The number of child caring institutions, group homes, and
	1214	+	secure private facilities that have not received a grant under
	1215	+	this SECTION.
	1216	+	(3) The child caring institutions, group homes, and secure
	1217	+	private facilities that have received a grant under this
	1218	+	SECTION.
	1219	+	(4) The child caring institutions, group homes, and secure
	1220	+	private facilities that have not received a grant under this
	1221	+	SECTION.
	1222	+	(5) Of the amount applied for by each child caring institution,
	1223	+	group home, and secure private facility that applied for a
	1224	+	grant under this SECTION:
	1225	+	(A) the amount that was provided to the child caring
	1226	+	institution, group home, or secure private facility; and
	1227	+	(B) the amount that was denied to the child caring
	1228	+	ES 266—LS 7075/DI 148 29
	1229	+	institution, group home, or secure private facility.
	1230	+	(6) The criteria considered and standards used by the
	1231	+	department in making determinations regarding the provision
	1232	+	of grants under this SECTION.
	1233	+	The report submitted under this subsection must be in an
	1234	+	electronic format under IC 5-14-6.".
	1235	+	Page 13, line 39, delete "(h)" and insert "(i)".
	1236	+	(Reference is to ESB 266 as printed February 21, 2022.)
	1237	+	JETER
	1238	+	ES 266—LS 7075/DI 148