Indiana 2023 Regular Session

Indiana House Bill HB1213 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	EH1213.1
2		-	March 24, 2023
3		-	ENGROSSED
	1	+	HB1213.1
	2	+	February 20, 2023
4	3		HOUSE BILL No. 1213
5	4		_____
6		-	DIGEST OF HB 1213 (Updated ~~March 22~~, 2023 1:17 pm - DI ~~104~~)
7		-	Citations Affected: IC 12-9; IC 12-15~~; IC 34-30~~.
	5	+	DIGEST OF HB 1213 (Updated February 20, 2023 12:16 pm - DI 77)
	6	+	Citations Affected: IC 12-9; IC 12-15.
8	7		Synopsis: Community integration and habilitation waiver. Establishes
9		-	the special service review team to review denied applications and
10		-	applications for which a determination has not been made for the
	8	+	the special service review team to review denied applications for the
11	9		community integration and habilitation waiver. Limits the geographical
12		-	area of review. Establishes reporting requirements. Requires the
13		-	division of disability and rehabilitative services to obtain consent from
14		-	a waiver applicant in order to share the application data with the review
15		-	team. Provides immunity for an employee who obtains consent and
16		-	provides the information in good faith. Provides that the review team
17		-	expires December 31, 2024. Makes changes to the situations in which
18		-	an emergency placement priority may be provided for individuals
19		-	under a Medicaid waiver.
	10	+	area of review. Establishes reporting requirements. Provides that the
	11	+	review team expires December 31, 2024. Removes the emergency
	12	+	placement priority for individuals under a Medicaid waiver in which
	13	+	there is a death of the primary caregiver and an alternate placement in
	14	+	a supervised group living setting is not available or is determined to be
	15	+	an inappropriate option. Removes the requirement in emergency
	16	+	placements that an alternate placement in a supervised group living
	17	+	setting is not available or is determined to be an inappropriate option.
	18	+	Adds emergency placement the primary caregiver has serious health
	19	+	concerns that would limit the primary caregiver's ability to care for the
	20	+	individual.
20	21		Effective: Upon passage.
21	22		Olthoff, Engleman, Cash, Summers
22		-	(SENATE SPONSORS — BROWN L, CHARBONNEAU)
23	23		January 10, 2023, read first time and referred to Committee on Public Health.
24	24		February 20, 2023, amended, reported — Do Pass.
25		-	February 22, 2023, read second time, ordered engrossed. Engrossed.
26		-	February 23, 2023, read third time, passed. Yeas 93, nays 0.
27		-	SENATE ACTION
28		-	March 6, 2023, read first time and referred to Committee on Health and Provider Services.
29		-	March 23, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
30		-	Appropriations.
31		-	EH 1213—LS 7061/DI 77 March 24, 2023
	25	+	HB 1213—LS 7061/DI 77 February 20, 2023
32	26		First Regular Session of the 123rd General Assembly (2023)
33	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
34	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
35	29		additions will appear in this style type, and deletions will appear in this style type.
36	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
37	31		provision adopted), the text of the new provision will appear in this style type. Also, the
38	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
39	33		a new provision to the Indiana Code or the Indiana Constitution.
40	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
41	35		between statutes enacted by the 2022 Regular Session of the General Assembly.
42		-	ENGROSSED
43	36		HOUSE BILL No. 1213
44	37		A BILL FOR AN ACT to amend the Indiana Code concerning
45	38		human services.
46	39		Be it enacted by the General Assembly of the State of Indiana:
47	40		1 SECTION 1. IC 12-9-4-8 IS ADDED TO THE INDIANA CODE
48	41		2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
49	42		3 UPON PASSAGE]: Sec. 8. (a) As used in this section, "review team"
50	43		4 refers to the special service review team established by subsection
51	44		5 (c).
52	45		6 (b) As used in this section, "waiver" refers to the community
53	46		7 integration and habilitation waiver.
54	47		8 (c) The special service review team is established.
55	48		9 (d) The review team shall do the following:
56		-	10 (1) Subject to subsection (k)(2), review denied applications
57		-	11 from the director for the waiver that were received between
58		-	12 July 1, 2023, through December 31, 2024, from Districts 1, 4,
59		-	13 and 8 of the bureau of disabilities services districts, including
60		-	14 a review of the applicant's data, and collect any additional
61		-	15 information concerning an applicant that is needed.
62		-	16 (2) Subject to subsection (k)(2), review, at the director's
63		-	17 discretion, waiver applications received July 1, 2023, through
64		-	EH 1213—LS 7061/DI 77 2
65		-	1 December 31, 2024, for which a determination has not been
66		-	2 made by the director. The review team shall review the
67		-	3 applicant's data and collect any additional information
68		-	4 necessary concerning the applicant.
69		-	5 (3) Provide the following to the director:
70		-	6 (A) Concerning the review team's review of applications
71		-	7 under subdivision (1), an evaluation of information that
72		-	8 can be applied to the waiver at the systems level, including
73		-	9 the criteria that can be used to approve and deny waiver
74		-	10 applications.
75		-	11 (B) Concerning the review team's review of applications
76		-	12 under subdivision (2) and not later than thirty (30) days
77		-	13 from the review team's receipt of the application from the
78		-	14 director, additional information concerning an application
79		-	15 identified during the review team's review of the
80		-	16 application.
81		-	17 (4) Issue a quarterly report to the council.
82		-	18 (e) The director shall appoint the members of the review team
83		-	19 and fill any vacancies on the review team. The review team must
84		-	20 consist of the following five (5) members who are knowledgeable
85		-	21 in the waiver requirements:
86		-	22 (1) A representative from The Arc of Indiana.
87		-	23 (2) A representative from a case management company.
88		-	24 (3) An individual who works as a behavior consultant.
89		-	25 (4) Two (2) individuals appointed by the director.
90		-	26 However, not more than one (1) member may be a state employee.
91		-	27 (f) The director shall appoint a member of the review team to
92		-	28 serve as the chairperson.
93		-	29 (g) The director shall:
94		-	30 (1) notify the chairperson; and
95		-	31 (2) provide the information that the review team needs to
96		-	32 begin to review the application;
97		-	33 within five (5) business days of a waiver application that has been
98		-	34 denied. The director shall also notify the chairperson if the director
99		-	35 would like additional consultation on an application described in
100		-	36 subsection (d)(2).
101		-	37 (h) As used in this subsection, a "conflict of interest" may
102		-	38 include a direct or indirect financial interest with the applicant or
103		-	39 a prior or current relationship with the applicant. If a member
104		-	40 appointed to the review team under subsection (e)(1) through (e)(3)
105		-	41 has a conflict of interest (as defined in 460 IAC 6-3-15.2) with the
106		-	42 applicant of a waiver application under review by the review team,
107		-	EH 1213—LS 7061/DI 77 3
108		-	1 the member shall:
109		-	2 (1) inform the director of the conflict of interest; and
110		-	3 (2) recuse themself from review of the application.
111		-	4 The director shall appoint a member to the review team to fill the
112		-	5 vacancy of the recused member during the review of the
113		-	6 application for which the member has been recused.
114		-	7 (i) Each member of the review team who is not a state employee
115		-	8 is entitled to the following:
116		-	9 (1) The minimum salary per diem provided by
117		-	10 IC 4-10-11-2.1(b).
118		-	11 (2) Reimbursement for traveling expenses and other expenses
119		-	12 actually incurred in connection with the member's duties as
120		-	13 provided under IC 4-13-1-4 and in the state travel policies and
121		-	14 procedures established by the Indiana department of
122		-	15 administration and approved by the budget agency.
123		-	16 (j) A member of the review team who is a state employee is not
124		-	17 entitled to any of the following:
125		-	18 (1) The minimum salary per diem provided by
126		-	19 IC 4-10-11-2.1(b).
127		-	20 (2) Reimbursement for traveling expenses as provided under
128		-	21 IC 4-13-1-4.
129		-	22 (3) Other expenses actually incurred in connection with the
130		-	23 member's duties.
131		-	24 (k) The division shall do the following:
132		-	25 (1) Obtain consent from a waiver applicant or the applicant's
133		-	26 legal guardian to share the application data with the review
134		-	27 team. An applicant must voluntarily consent to sharing the
135		-	28 application with the review team, and an applicant's denial to
136		-	29 consent to share the application data may not affect a
137		-	30 determination on the applicant's waiver application.
138		-	31 (2) Provide members of the review team with the data
139		-	32 required under subsection (d)(1) and (d)(2) for the
140		-	33 applications where consent has been obtained under
141		-	34 subdivision (1).
142		-	35 (3) Provide administrative support for the review team.
143		-	36 (4) Pay the expenses of the review team. The division may use
144		-	37 funds received from the federal American Rescue Plan Act of
145		-	38 2021 that are allowed to be spent for expenses of the review
146		-	39 team.
147		-	40 (l) An employee of the division who provides records in
148		-	41 accordance with subsection (k) in good faith is not subject to
149		-	42 liability in:
150		-	EH 1213—LS 7061/DI 77 4
151		-	1 (1) a civil;
152		-	2 (2) an administrative;
153		-	3 (3) a disciplinary; or
154		-	4 (4) a criminal;
155		-	5 action that might otherwise be imposed as a result of the disclosure
156		-	6 of the records.
157		-	7 (m) This section expires December 31, 2024.
158		-	8 SECTION 2. IC 12-15-1.3-15, AS AMENDED BY P.L.156-2020,
159		-	9 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160		-	10 UPON PASSAGE]: Sec. 15. (a) As used in this section, "division"
161		-	11 refers to the division of disability and rehabilitative services established
162		-	12 by IC 12-9-1-1.
163		-	13 (b) As used in this section, "waiver" refers to any waiver
164		-	14 administered by the office and the division under section 1915(c) of the
165		-	15 federal Social Security Act.
166		-	16 (c) The office shall apply to the United States Department of Health
167		-	17 and Human Services for approval to amend a waiver to set an
168		-	18 emergency placement priority for individuals in the following
169		-	19 situations:
170		-	20 (1) Death of a primary caregiver. where alternative placement in
171		-	21 a supervised group living setting:
172		-	22 (A) is not available; or
173		-	23 (B) is determined by the division to be an inappropriate option.
174		-	24 (2) A situation in which:
175		-	25 (A) The primary caregiver is at least eighty (80) seventy (70)
176		-	26 years of age. and
177		-	27 (B) alternate placement in a supervised group living setting is
178		-	28 not available or is determined by the division to be an
179		-	29 inappropriate option.
180		-	30 (3) There is evidence of abuse or neglect in the current
181		-	31 institutional or home placement. and alternate placement in a
182		-	32 supervised group living setting is not available or is determined
183		-	33 by the division to be an inappropriate option.
184		-	34 (4) There are Other available services through:
185		-	35 (A) the Medicaid program and other federal, state, and
186		-	36 local public programs; and
187		-	37 (B) supports that families and communities provide;
188		-	38 are insufficient to address other health and safety risks, as
189		-	39 determined by the division director. and alternate placement in a
190		-	40 supervised group living setting is not available or is determined
191		-	41 by the division to be an inappropriate option.
192		-	42 (d) The division shall report on a quarterly basis the following
193		-	EH 1213—LS 7061/DI 77 5
194		-	1 information to the division of disability and rehabilitative services
195		-	2 advisory council established by IC 12-9-4-2 concerning each Medicaid
196		-	3 waiver for which the office has been approved under this section to
197		-	4 administer an emergency placement priority for individuals described
198		-	5 in this section:
199		-	6 (1) The number of applications for emergency placement priority
200		-	7 waivers.
201		-	8 (2) The number of individuals served on the waiver.
202		-	9 (3) The number of individuals on a wait list for the waiver.
203		-	10 (e) Before July 1, 2021, the division, in coordination with the task
204		-	11 force established by IC 12-11-15.5-2, shall establish new priority
205		-	12 categories for individuals served by a waiver.
206		-	13 (f) The office may adopt rules under IC 4-22-2 necessary to
207		-	14 implement this section.
208		-	15 SECTION 3. IC 34-30-2.1-129.5 IS ADDED TO THE INDIANA
209		-	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
210		-	17 [EFFECTIVE UPON PASSAGE]: Sec. 129.5. IC 12-9-4-8
211		-	18 (Concerning providing information to the special service review
212		-	19 team).
213		-	20 SECTION 4. An emergency is declared for this act.
214		-	EH 1213—LS 7061/DI 77 6
	49	+	10 (1) Review applications from the director for the waiver that
	50	+	11 were received between July 1, 2023, through December 31,
	51	+	12 2024, from the First, Fourth, and Eighth Congressional
	52	+	13 Districts, including a review of the applicant's data, and
	53	+	14 collect any additional information concerning an applicant
	54	+	15 that is needed.
	55	+	16 (2) Review the criteria used to approve and deny waiver
	56	+	17 applications.
	57	+	HB 1213—LS 7061/DI 77 2
	58	+	1 (3) Make recommendations to the director.
	59	+	2 (4) Issue a quarterly report to the council.
	60	+	3 (e) The director shall appoint the members of the review team
	61	+	4 and fill any vacancies on the review team. The review team must
	62	+	5 consist of the following five (5) members who are knowledgeable
	63	+	6 in the waiver requirements:
	64	+	7 (1) A representative from The Arc of Indiana.
	65	+	8 (2) A representative from a case management company.
	66	+	9 (3) An individual who works as a behavior consultant.
	67	+	10 (4) Two (2) individuals appointed by the director.
	68	+	11 However, not more than one (1) member may be a state employee.
	69	+	12 (f) The director shall appoint a member of the review team to
	70	+	13 serve as the chairperson.
	71	+	14 (g) The director shall:
	72	+	15 (1) notify the chairperson; and
	73	+	16 (2) provide the information that the review team needs to
	74	+	17 begin to review the application;
	75	+	18 within three (3) business days of a waiver application that has been
	76	+	19 denied. The director shall also notify the chairperson if the director
	77	+	20 would like additional consultation on a given application.
	78	+	21 (h) Each member of the review team who is not a state employee
	79	+	22 is entitled to the following:
	80	+	23 (1) The minimum salary per diem provided by
	81	+	24 IC 4-10-11-2.1(b).
	82	+	25 (2) Reimbursement for traveling expenses and other expenses
	83	+	26 actually incurred in connection with the member's duties as
	84	+	27 provided under IC 4-13-1-4 and in the state travel policies and
	85	+	28 procedures established by the Indiana department of
	86	+	29 administration and approved by the budget agency.
	87	+	30 (i) A member of the review team who is a state employee is not
	88	+	31 entitled to any of the following:
	89	+	32 (1) The minimum salary per diem provided by
	90	+	33 IC 4-10-11-2.1(b).
	91	+	34 (2) Reimbursement for traveling expenses as provided under
	92	+	35 IC 4-13-1-4.
	93	+	36 (3) Other expenses actually incurred in connection with the
	94	+	37 member's duties.
	95	+	38 (j) The division shall do the following:
	96	+	39 (1) Provide members of the review team with the information
	97	+	40 required under subsection (d)(1) that has the personal
	98	+	41 identifying information of applicants removed.
	99	+	42 (2) Provide administrative support for the review team.
	100	+	HB 1213—LS 7061/DI 77 3
	101	+	1 (3) Pay the expenses of the review team. The division may use
	102	+	2 funds received from the federal American Rescue Plan Act of
	103	+	3 2021 that are allowed to be spent for expenses of the review
	104	+	4 team.
	105	+	5 (k) This section expires December 31, 2024.
	106	+	6 SECTION 2. IC 12-15-1.3-15, AS AMENDED BY P.L.156-2020,
	107	+	7 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	108	+	8 UPON PASSAGE]: Sec. 15. (a) As used in this section, "division"
	109	+	9 refers to the division of disability and rehabilitative services established
	110	+	10 by IC 12-9-1-1.
	111	+	11 (b) As used in this section, "waiver" refers to any waiver
	112	+	12 administered by the office and the division under section 1915(c) of the
	113	+	13 federal Social Security Act.
	114	+	14 (c) The office shall apply to the United States Department of Health
	115	+	15 and Human Services for approval to amend a waiver to set an
	116	+	16 emergency placement priority for individuals in the following
	117	+	17 situations:
	118	+	18 (1) Death of a primary caregiver. where alternative placement in
	119	+	19 a supervised group living setting:
	120	+	20 (A) is not available; or
	121	+	21 (B) is determined by the division to be an inappropriate option.
	122	+	22 (2) A situation in which:
	123	+	23 (A) the primary caregiver is at least eighty (80) years of age;
	124	+	24 and or
	125	+	25 (B) alternate placement in a supervised group living setting is
	126	+	26 not available or is determined by the division to be an
	127	+	27 inappropriate option.
	128	+	28 (B) the primary caregiver has serious health concerns that
	129	+	29 would limit the primary caregiver's ability to care for the
	130	+	30 individual.
	131	+	31 (3) There is evidence of abuse or neglect in the current
	132	+	32 institutional or home placement. and alternate placement in a
	133	+	33 supervised group living setting is not available or is determined
	134	+	34 by the division to be an inappropriate option.
	135	+	35 (4) There are other health and safety risks, as determined by the
	136	+	36 division director. and alternate placement in a supervised group
	137	+	37 living setting is not available or is determined by the division to
	138	+	38 be an inappropriate option.
	139	+	39 (d) The division shall report on a quarterly basis the following
	140	+	40 information to the division of disability and rehabilitative services
	141	+	41 advisory council established by IC 12-9-4-2 concerning each Medicaid
	142	+	42 waiver for which the office has been approved under this section to
	143	+	HB 1213—LS 7061/DI 77 4
	144	+	1 administer an emergency placement priority for individuals described
	145	+	2 in this section:
	146	+	3 (1) The number of applications for emergency placement priority
	147	+	4 waivers.
	148	+	5 (2) The number of individuals served on the waiver.
	149	+	6 (3) The number of individuals on a wait list for the waiver.
	150	+	7 (e) Before July 1, 2021, the division, in coordination with the task
	151	+	8 force established by IC 12-11-15.5-2, shall establish new priority
	152	+	9 categories for individuals served by a waiver.
	153	+	10 (f) The office may adopt rules under IC 4-22-2 necessary to
	154	+	11 implement this section.
	155	+	12 SECTION 3. An emergency is declared for this act.
	156	+	HB 1213—LS 7061/DI 77 5
215	157		COMMITTEE REPORT
216	158		Mr. Speaker: Your Committee on Public Health, to which was
217	159		referred House Bill 1213, has had the same under consideration and
218	160		begs leave to report the same back to the House with the
219	161		recommendation that said bill be amended as follows:
220	162		Page 1, line 10, delete "denied applications for the waiver," and
221	163		insert "applications from the director for the waiver that were
222	164		received between July 1, 2023, through December 31, 2024, from
223	165		the First, Fourth, and Eighth Congressional Districts,".
224	166		Page 2, delete lines 11 through 14, begin a new paragraph and
225	167		insert:
226	168		"(g) The director shall:
227	169		(1) notify the chairperson; and
228	170		(2) provide the information that the review team needs to
229	171		begin to review the application;
230	172		within three (3) business days of a waiver application that has been
231	173		denied. The director shall also notify the chairperson if the director
232	174		would like additional consultation on a given application.".
233	175		Page 3, line 17, reset in roman "eighty (80)".
234	176		Page 3, line 17, delete "seventy (70)".
235	177		and when so amended that said bill do pass.
236	178		(Reference is to HB 1213 as introduced.)
237	179		BARRETT
238	180		Committee Vote: yeas 8, nays 0.
239		-	_____
240		-	COMMITTEE REPORT
241		-	Madam President: The Senate Committee on Health and Provider
242		-	Services, to which was referred House Bill No. 1213, has had the same
243		-	under consideration and begs leave to report the same back to the
244		-	Senate with the recommendation that said bill be AMENDED as
245		-	follows:
246		-	Page 1, line 10, delete "Review" and insert "Subject to subsection
247		-	(k)(2), review denied".
248		-	Page 1, line 12, delete "the First, Fourth, and Eighth Congressional"
249		-	and insert "Districts 1, 4, and 8 of the bureau of disabilities
250		-	services".
251		-	EH 1213—LS 7061/DI 77 7
252		-	Page 1, line 13, delete "Districts," and insert "districts,".
253		-	Page 1, delete lines 16 through 17, begin a new line block indented
254		-	and insert:
255		-	"(2) Subject to subsection (k)(2), review, at the director's
256		-	discretion, waiver applications received July 1, 2023, through
257		-	December 31, 2024, for which a determination has not been
258		-	made by the director. The review team shall review the
259		-	applicant's data and collect any additional information
260		-	necessary concerning the applicant.
261		-	(3) Provide the following to the director:
262		-	(A) Concerning the review team's review of applications
263		-	under subdivision (1), an evaluation of information that
264		-	can be applied to the waiver at the systems level, including
265		-	the criteria that can be used to approve and deny waiver
266		-	applications.
267		-	(B) Concerning the review team's review of applications
268		-	under subdivision (2) and not later than thirty (30) days
269		-	from the review team's receipt of the application from the
270		-	director, additional information concerning an application
271		-	identified during the review team's review of the
272		-	application.".
273		-	Page 2, delete line 1.
274		-	Page 2, line 18, delete "three (3)" and insert "five (5)".
275		-	Page 2, line 20, delete "a given application." and insert "an
276		-	application described in subsection (d)(2).".
277		-	Page 2, line 21, after "(h)" insert "As used in this subsection, a
278		-	"conflict of interest" may include a direct or indirect financial
279		-	interest with the applicant or a prior or current relationship with
280		-	the applicant. If a member appointed to the review team under
281		-	subsection (e)(1) through (e)(3) has a conflict of interest (as defined
282		-	in 460 IAC 6-3-15.2) with the applicant of a waiver application
283		-	under review by the review team, the member shall:
284		-	(1) inform the director of the conflict of interest; and
285		-	(2) recuse themself from review of the application.
286		-	The director shall appoint a member to the review team to fill the
287		-	vacancy of the recused member during the review of the
288		-	application for which the member has been recused.
289		-	(i)".
290		-	Page 2, line 30, delete "(i)" and insert "(j)".
291		-	Page 2, line 38, delete "(j)" and insert "(k)".
292		-	Page 2, delete lines 39 through 42, begin a new line block indented
293		-	and insert:
294		-	EH 1213—LS 7061/DI 77 8
295		-	"(1) Obtain consent from a waiver applicant or the applicant's
296		-	legal guardian to share the application data with the review
297		-	team. An applicant must voluntarily consent to sharing the
298		-	application with the review team, and an applicant's denial to
299		-	consent to share the application data may not affect a
300		-	determination on the applicant's waiver application.
301		-	(2) Provide members of the review team with the data
302		-	required under subsection (d)(1) and (d)(2) for the
303		-	applications where consent has been obtained under
304		-	subdivision (1).
305		-	(3) Provide administrative support for the review team.".
306		-	Page 3, line 1, delete "(3)" and insert "(4)".
307		-	Page 3, line 5, delete "(k)" and insert "(l) An employee of the
308		-	division who provides records in accordance with subsection (k) in
309		-	good faith is not subject to liability in:
310		-	(1) a civil;
311		-	(2) an administrative;
312		-	(3) a disciplinary; or
313		-	(4) a criminal;
314		-	action that might otherwise be imposed as a result of the disclosure
315		-	of the records.
316		-	(m)".
317		-	Page 3, delete lines 6 through 42, begin a new paragraph and insert:
318		-	"SECTION 2. IC 12-15-1.3-15, AS AMENDED BY P.L.156-2020,
319		-	SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
320		-	UPON PASSAGE]: Sec. 15. (a) As used in this section, "division"
321		-	refers to the division of disability and rehabilitative services established
322		-	by IC 12-9-1-1.
323		-	(b) As used in this section, "waiver" refers to any waiver
324		-	administered by the office and the division under section 1915(c) of the
325		-	federal Social Security Act.
326		-	(c) The office shall apply to the United States Department of Health
327		-	and Human Services for approval to amend a waiver to set an
328		-	emergency placement priority for individuals in the following
329		-	situations:
330		-	(1) Death of a primary caregiver. where alternative placement in
331		-	a supervised group living setting:
332		-	(A) is not available; or
333		-	(B) is determined by the division to be an inappropriate option.
334		-	(2) A situation in which:
335		-	(A) The primary caregiver is at least eighty (80) seventy (70)
336		-	years of age. and
337		-	EH 1213—LS 7061/DI 77 9
338		-	(B) alternate placement in a supervised group living setting is
339		-	not available or is determined by the division to be an
340		-	inappropriate option.
341		-	(3) There is evidence of abuse or neglect in the current
342		-	institutional or home placement. and alternate placement in a
343		-	supervised group living setting is not available or is determined
344		-	by the division to be an inappropriate option.
345		-	(4) There are Other available services through:
346		-	(A) the Medicaid program and other federal, state, and
347		-	local public programs; and
348		-	(B) supports that families and communities provide;
349		-	are insufficient to address other health and safety risks, as
350		-	determined by the division director. and alternate placement in a
351		-	supervised group living setting is not available or is determined
352		-	by the division to be an inappropriate option.
353		-	(d) The division shall report on a quarterly basis the following
354		-	information to the division of disability and rehabilitative services
355		-	advisory council established by IC 12-9-4-2 concerning each Medicaid
356		-	waiver for which the office has been approved under this section to
357		-	administer an emergency placement priority for individuals described
358		-	in this section:
359		-	(1) The number of applications for emergency placement priority
360		-	waivers.
361		-	(2) The number of individuals served on the waiver.
362		-	(3) The number of individuals on a wait list for the waiver.
363		-	(e) Before July 1, 2021, the division, in coordination with the task
364		-	force established by IC 12-11-15.5-2, shall establish new priority
365		-	categories for individuals served by a waiver.
366		-	(f) The office may adopt rules under IC 4-22-2 necessary to
367		-	implement this section.
368		-	SECTION 3. IC 34-30-2.1-129.5 IS ADDED TO THE INDIANA
369		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
370		-	[EFFECTIVE UPON PASSAGE]: Sec. 129.5. IC 12-9-4-8
371		-	(Concerning providing information to the special service review
372		-	team).".
373		-	Page 4, delete lines 1 through 11.
374		-	Renumber all SECTIONS consecutively.
375		-	and when so amended that said bill do pass and be reassigned to the
376		-	Senate Committee on Appropriations.
377		-	(Reference is to HB 1213 as printed February 20, 2023.)
378		-	EH 1213—LS 7061/DI 77 10
379		-	CHARBONNEAU, Chairperson
380		-	Committee Vote: Yeas 8, Nays 0.
381		-	EH 1213—LS 7061/DI 77
	181	+	HB 1213—LS 7061/DI 77