*EH1213.1*
March 24, 2023
ENGROSSED
HOUSE BILL No. 1213
_____
DIGEST OF HB 1213 (Updated March 22, 2023 1:17 pm - DI 104)
Citations Affected: IC 12-9; IC 12-15; IC 34-30.
Synopsis: Community integration and habilitation waiver. Establishes
the special service review team to review denied applications and
applications for which a determination has not been made for the
community integration and habilitation waiver. Limits the geographical
area of review. Establishes reporting requirements. Requires the
division of disability and rehabilitative services to obtain consent from
a waiver applicant in order to share the application data with the review
team. Provides immunity for an employee who obtains consent and
provides the information in good faith. Provides that the review team
expires December 31, 2024. Makes changes to the situations in which
an emergency placement priority may be provided for individuals
under a Medicaid waiver.
Effective: Upon passage.
Olthoff, Engleman, Cash, Summers
(SENATE SPONSORS — BROWN L, CHARBONNEAU)
January 10, 2023, read first time and referred to Committee on Public Health.
February 20, 2023, amended, reported — Do Pass.
February 22, 2023, read second time, ordered engrossed. Engrossed.
February 23, 2023, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
March 6, 2023, read first time and referred to Committee on Health and Provider Services.
March 23, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1213—LS 7061/DI 77 March 24, 2023
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1213
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-9-4-8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 8. (a) As used in this section, "review team"
4 refers to the special service review team established by subsection
5 (c).
6 (b) As used in this section, "waiver" refers to the community
7 integration and habilitation waiver.
8 (c) The special service review team is established.
9 (d) The review team shall do the following:
10 (1) Subject to subsection (k)(2), review denied applications
11 from the director for the waiver that were received between
12 July 1, 2023, through December 31, 2024, from Districts 1, 4,
13 and 8 of the bureau of disabilities services districts, including
14 a review of the applicant's data, and collect any additional
15 information concerning an applicant that is needed.
16 (2) Subject to subsection (k)(2), review, at the director's
17 discretion, waiver applications received July 1, 2023, through
EH 1213—LS 7061/DI 77 2
1 December 31, 2024, for which a determination has not been
2 made by the director. The review team shall review the
3 applicant's data and collect any additional information
4 necessary concerning the applicant.
5 (3) Provide the following to the director:
6 (A) Concerning the review team's review of applications
7 under subdivision (1), an evaluation of information that
8 can be applied to the waiver at the systems level, including
9 the criteria that can be used to approve and deny waiver
10 applications.
11 (B) Concerning the review team's review of applications
12 under subdivision (2) and not later than thirty (30) days
13 from the review team's receipt of the application from the
14 director, additional information concerning an application
15 identified during the review team's review of the
16 application.
17 (4) Issue a quarterly report to the council.
18 (e) The director shall appoint the members of the review team
19 and fill any vacancies on the review team. The review team must
20 consist of the following five (5) members who are knowledgeable
21 in the waiver requirements:
22 (1) A representative from The Arc of Indiana.
23 (2) A representative from a case management company.
24 (3) An individual who works as a behavior consultant.
25 (4) Two (2) individuals appointed by the director.
26 However, not more than one (1) member may be a state employee.
27 (f) The director shall appoint a member of the review team to
28 serve as the chairperson.
29 (g) The director shall:
30 (1) notify the chairperson; and
31 (2) provide the information that the review team needs to
32 begin to review the application;
33 within five (5) business days of a waiver application that has been
34 denied. The director shall also notify the chairperson if the director
35 would like additional consultation on an application described in
36 subsection (d)(2).
37 (h) As used in this subsection, a "conflict of interest" may
38 include a direct or indirect financial interest with the applicant or
39 a prior or current relationship with the applicant. If a member
40 appointed to the review team under subsection (e)(1) through (e)(3)
41 has a conflict of interest (as defined in 460 IAC 6-3-15.2) with the
42 applicant of a waiver application under review by the review team,
EH 1213—LS 7061/DI 77 3
1 the member shall:
2 (1) inform the director of the conflict of interest; and
3 (2) recuse themself from review of the application.
4 The director shall appoint a member to the review team to fill the
5 vacancy of the recused member during the review of the
6 application for which the member has been recused.
7 (i) Each member of the review team who is not a state employee
8 is entitled to the following:
9 (1) The minimum salary per diem provided by
10 IC 4-10-11-2.1(b).
11 (2) Reimbursement for traveling expenses and other expenses
12 actually incurred in connection with the member's duties as
13 provided under IC 4-13-1-4 and in the state travel policies and
14 procedures established by the Indiana department of
15 administration and approved by the budget agency.
16 (j) A member of the review team who is a state employee is not
17 entitled to any of the following:
18 (1) The minimum salary per diem provided by
19 IC 4-10-11-2.1(b).
20 (2) Reimbursement for traveling expenses as provided under
21 IC 4-13-1-4.
22 (3) Other expenses actually incurred in connection with the
23 member's duties.
24 (k) The division shall do the following:
25 (1) Obtain consent from a waiver applicant or the applicant's
26 legal guardian to share the application data with the review
27 team. An applicant must voluntarily consent to sharing the
28 application with the review team, and an applicant's denial to
29 consent to share the application data may not affect a
30 determination on the applicant's waiver application.
31 (2) Provide members of the review team with the data
32 required under subsection (d)(1) and (d)(2) for the
33 applications where consent has been obtained under
34 subdivision (1).
35 (3) Provide administrative support for the review team.
36 (4) Pay the expenses of the review team. The division may use
37 funds received from the federal American Rescue Plan Act of
38 2021 that are allowed to be spent for expenses of the review
39 team.
40 (l) An employee of the division who provides records in
41 accordance with subsection (k) in good faith is not subject to
42 liability in:
EH 1213—LS 7061/DI 77 4
1 (1) a civil;
2 (2) an administrative;
3 (3) a disciplinary; or
4 (4) a criminal;
5 action that might otherwise be imposed as a result of the disclosure
6 of the records.
7 (m) This section expires December 31, 2024.
8 SECTION 2. IC 12-15-1.3-15, AS AMENDED BY P.L.156-2020,
9 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 UPON PASSAGE]: Sec. 15. (a) As used in this section, "division"
11 refers to the division of disability and rehabilitative services established
12 by IC 12-9-1-1.
13 (b) As used in this section, "waiver" refers to any waiver
14 administered by the office and the division under section 1915(c) of the
15 federal Social Security Act.
16 (c) The office shall apply to the United States Department of Health
17 and Human Services for approval to amend a waiver to set an
18 emergency placement priority for individuals in the following
19 situations:
20 (1) Death of a primary caregiver. where alternative placement in
21 a supervised group living setting:
22 (A) is not available; or
23 (B) is determined by the division to be an inappropriate option.
24 (2) A situation in which:
25 (A) The primary caregiver is at least eighty (80) seventy (70)
26 years of age. and
27 (B) alternate placement in a supervised group living setting is
28 not available or is determined by the division to be an
29 inappropriate option.
30 (3) There is evidence of abuse or neglect in the current
31 institutional or home placement. and alternate placement in a
32 supervised group living setting is not available or is determined
33 by the division to be an inappropriate option.
34 (4) There are Other available services through:
35 (A) the Medicaid program and other federal, state, and
36 local public programs; and
37 (B) supports that families and communities provide;
38 are insufficient to address other health and safety risks, as
39 determined by the division director. and alternate placement in a
40 supervised group living setting is not available or is determined
41 by the division to be an inappropriate option.
42 (d) The division shall report on a quarterly basis the following
EH 1213—LS 7061/DI 77 5
1 information to the division of disability and rehabilitative services
2 advisory council established by IC 12-9-4-2 concerning each Medicaid
3 waiver for which the office has been approved under this section to
4 administer an emergency placement priority for individuals described
5 in this section:
6 (1) The number of applications for emergency placement priority
7 waivers.
8 (2) The number of individuals served on the waiver.
9 (3) The number of individuals on a wait list for the waiver.
10 (e) Before July 1, 2021, the division, in coordination with the task
11 force established by IC 12-11-15.5-2, shall establish new priority
12 categories for individuals served by a waiver.
13 (f) The office may adopt rules under IC 4-22-2 necessary to
14 implement this section.
15 SECTION 3. IC 34-30-2.1-129.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE UPON PASSAGE]: Sec. 129.5. IC 12-9-4-8
18 (Concerning providing information to the special service review
19 team).
20 SECTION 4. An emergency is declared for this act.
EH 1213—LS 7061/DI 77 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1213, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, line 10, delete "denied applications for the waiver," and
insert "applications from the director for the waiver that were
received between July 1, 2023, through December 31, 2024, from
the First, Fourth, and Eighth Congressional Districts,".
Page 2, delete lines 11 through 14, begin a new paragraph and
insert:
"(g) The director shall:
(1) notify the chairperson; and
(2) provide the information that the review team needs to
begin to review the application;
within three (3) business days of a waiver application that has been
denied. The director shall also notify the chairperson if the director
would like additional consultation on a given application.".
Page 3, line 17, reset in roman "eighty (80)".
Page 3, line 17, delete "seventy (70)".
and when so amended that said bill do pass.
(Reference is to HB 1213 as introduced.)
BARRETT
Committee Vote: yeas 8, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1213, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 10, delete "Review" and insert "Subject to subsection
(k)(2), review denied".
Page 1, line 12, delete "the First, Fourth, and Eighth Congressional"
and insert "Districts 1, 4, and 8 of the bureau of disabilities
services".
EH 1213—LS 7061/DI 77 7
Page 1, line 13, delete "Districts," and insert "districts,".
Page 1, delete lines 16 through 17, begin a new line block indented
and insert:
"(2) Subject to subsection (k)(2), review, at the director's
discretion, waiver applications received July 1, 2023, through
December 31, 2024, for which a determination has not been
made by the director. The review team shall review the
applicant's data and collect any additional information
necessary concerning the applicant.
(3) Provide the following to the director:
(A) Concerning the review team's review of applications
under subdivision (1), an evaluation of information that
can be applied to the waiver at the systems level, including
the criteria that can be used to approve and deny waiver
applications.
(B) Concerning the review team's review of applications
under subdivision (2) and not later than thirty (30) days
from the review team's receipt of the application from the
director, additional information concerning an application
identified during the review team's review of the
application.".
Page 2, delete line 1.
Page 2, line 18, delete "three (3)" and insert "five (5)".
Page 2, line 20, delete "a given application." and insert "an
application described in subsection (d)(2).".
Page 2, line 21, after "(h)" insert "As used in this subsection, a
"conflict of interest" may include a direct or indirect financial
interest with the applicant or a prior or current relationship with
the applicant. If a member appointed to the review team under
subsection (e)(1) through (e)(3) has a conflict of interest (as defined
in 460 IAC 6-3-15.2) with the applicant of a waiver application
under review by the review team, the member shall:
(1) inform the director of the conflict of interest; and
(2) recuse themself from review of the application.
The director shall appoint a member to the review team to fill the
vacancy of the recused member during the review of the
application for which the member has been recused.
(i)".
Page 2, line 30, delete "(i)" and insert "(j)".
Page 2, line 38, delete "(j)" and insert "(k)".
Page 2, delete lines 39 through 42, begin a new line block indented
and insert:
EH 1213—LS 7061/DI 77 8
"(1) Obtain consent from a waiver applicant or the applicant's
legal guardian to share the application data with the review
team. An applicant must voluntarily consent to sharing the
application with the review team, and an applicant's denial to
consent to share the application data may not affect a
determination on the applicant's waiver application.
(2) Provide members of the review team with the data
required under subsection (d)(1) and (d)(2) for the
applications where consent has been obtained under
subdivision (1).
(3) Provide administrative support for the review team.".
Page 3, line 1, delete "(3)" and insert "(4)".
Page 3, line 5, delete "(k)" and insert "(l) An employee of the
division who provides records in accordance with subsection (k) in
good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure
of the records.
(m)".
Page 3, delete lines 6 through 42, begin a new paragraph and insert:
"SECTION 2. IC 12-15-1.3-15, AS AMENDED BY P.L.156-2020,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 15. (a) As used in this section, "division"
refers to the division of disability and rehabilitative services established
by IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver
administered by the office and the division under section 1915(c) of the
federal Social Security Act.
(c) The office shall apply to the United States Department of Health
and Human Services for approval to amend a waiver to set an
emergency placement priority for individuals in the following
situations:
(1) Death of a primary caregiver. where alternative placement in
a supervised group living setting:
(A) is not available; or
(B) is determined by the division to be an inappropriate option.
(2) A situation in which:
(A) The primary caregiver is at least eighty (80) seventy (70)
years of age. and
EH 1213—LS 7061/DI 77 9
(B) alternate placement in a supervised group living setting is
not available or is determined by the division to be an
inappropriate option.
(3) There is evidence of abuse or neglect in the current
institutional or home placement. and alternate placement in a
supervised group living setting is not available or is determined
by the division to be an inappropriate option.
(4) There are Other available services through:
(A) the Medicaid program and other federal, state, and
local public programs; and
(B) supports that families and communities provide;
are insufficient to address other health and safety risks, as
determined by the division director. and alternate placement in a
supervised group living setting is not available or is determined
by the division to be an inappropriate option.
(d) The division shall report on a quarterly basis the following
information to the division of disability and rehabilitative services
advisory council established by IC 12-9-4-2 concerning each Medicaid
waiver for which the office has been approved under this section to
administer an emergency placement priority for individuals described
in this section:
(1) The number of applications for emergency placement priority
waivers.
(2) The number of individuals served on the waiver.
(3) The number of individuals on a wait list for the waiver.
(e) Before July 1, 2021, the division, in coordination with the task
force established by IC 12-11-15.5-2, shall establish new priority
categories for individuals served by a waiver.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
SECTION 3. IC 34-30-2.1-129.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 129.5. IC 12-9-4-8
(Concerning providing information to the special service review
team).".
Page 4, delete lines 1 through 11.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1213 as printed February 20, 2023.)
EH 1213—LS 7061/DI 77 10
CHARBONNEAU, Chairperson
Committee Vote: Yeas 8, Nays 0.
EH 1213—LS 7061/DI 77