Indiana 2023 Regular Session

Indiana House Bill HB1342 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1342.2
	2	+	April 7, 2023
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1342
	5	+	_____
	6	+	DIGEST OF HB 1342 (Updated April 6, 2023 11:09 am - DI 116)
	7	+	Citations Affected: IC 12-7; IC 12-11.
	8	+	Synopsis: Direct support professionals. Provides that the division of
	9	+	disability and rehabilitative services (division) may consult with
	10	+	stakeholders to establish a tiered training certification program for
	11	+	direct support professionals. Specifies requirements of the training.
	12	+	Provides that the division must first use any funds available from the
	13	+	federal American Rescue Plan Act in developing the curriculum.
	14	+	Allows the division to use any federal dollars available for
	15	+	implementation of the training.
	16	+	Effective: Upon passage.
	17	+	Olthoff, Clere, Greene, O'Brien
	18	+	(SENATE SPONSORS — DONATO, BROWN L, BECKER, YODER,
	19	+	NIEZGODSKI, BREAUX, RANDOLPH LONNIE M)
	20	+	January 17, 2023, read first time and referred to Committee on Public Health.
	21	+	January 19, 2023, reassigned to Committee on Family, Children and Human Affairs.
	22	+	February 13, 2023, amended, reported — Do Pass. Referred to Committee on Ways and
	23	+	Means pursuant to Rule 127.
	24	+	February 21, 2023, amended, reported — Do Pass.
	25	+	February 23, 2023, read second time, ordered engrossed.
	26	+	February 24, 2023, engrossed.
	27	+	February 27, 2023, read third time, passed. Yeas 94, nays 0.
	28	+	SENATE ACTION
	29	+	March 6, 2023, read first time and referred to Committee on Health and Provider Services.
	30	+	March 23, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
	31	+	Appropriations.
	32	+	April 6, 2023, amended, reported favorably — Do Pass.
	33	+	EH 1342—LS 7248/DI 104 April 7, 2023
1	34		First Regular Session of the 123rd General Assembly (2023)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1342
12		-	AN ACT to amend the Indiana Code concerning human services.
	44	+	ENGROSSED
	45	+	HOUSE BILL No. 1342
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	human services.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-7-2-63.5 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
16		-	UPON PASSAGE]: Sec. 63.5. "Direct support professional", for
17		-	purposes of IC 12-11-16, has the meaning set forth in
18		-	IC 12-11-16-1.
19		-	SECTION 2. IC 12-11-16 IS ADDED TO THE INDIANA CODE
20		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
21		-	UPON PASSAGE]:
22		-	Chapter 16. Direct Support Professional Registry and Training
23		-	Sec. 1. As used in this chapter, "direct support professional"
24		-	means an individual who is:
25		-	(1) employed by an authorized service provider;
26		-	(2) paid on an hourly basis; and
27		-	(3) defined in 460 IAC 6-3-18 (as in effect on January 1, 2023)
28		-	or 460 IAC 9-1-18 (as in effect on January 1, 2023).
29		-	Sec. 2. (a) The division shall establish and maintain a direct
30		-	support professional registry to be made available to authorized
31		-	division personnel and authorized service providers. The registry
32		-	must:
33		-	(1) include a list of direct support professionals who have
34		-	registered with the division in the manner required by the
35		-	division; and
36		-	HEA 1342 — CC 1 2
37		-	(2) contain any substantiated incidents for abuse, neglect, and
38		-	exploitation that meet the criteria established according to
39		-	subsection (d), as determined by the division for a direct
40		-	support professional included on the registry.
41		-	(b) The division shall establish the following:
42		-	(1) An application to be used for an individual to register for
43		-	the registry and renew the registration for the registry.
44		-	(2) An appeals process as provided in IC 4-21.5 concerning an
45		-	incident involving a direct support professional in which the
46		-	division has determined the incident meets the criteria
47		-	established according to subsection (d).
48		-	(c) Beginning January 1, 2026, and thereafter, an individual
49		-	may not provide direct support services as a direct support
50		-	professional in Indiana unless the individual is registered by the
51		-	division for the registry under this chapter.
52		-	(d) The division shall adopt rules under IC 4-22-2 necessary to
53		-	implement the registry, including the establishment of definitions
54		-	and levels for substantiated abuse, neglect, and exploitation, the
55		-	highest of which is the minimum the division must report to the
56		-	registry.
57		-	(e) The division shall report to the registry a substantiated
	49	+	1 SECTION 1. IC 12-7-2-63.5 IS ADDED TO THE INDIANA CODE
	50	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	51	+	3 UPON PASSAGE]: Sec. 63.5. "Direct support professional", for
	52	+	4 purposes of IC 12-11-16, has the meaning set forth in
	53	+	5 IC 12-11-16-1.
	54	+	6 SECTION 2. IC 12-11-16 IS ADDED TO THE INDIANA CODE
	55	+	7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	56	+	8 UPON PASSAGE]:
	57	+	9 Chapter 16. Direct Support Professional Training
	58	+	10 Sec. 1. As used in this chapter, "direct support professional"
	59	+	11 means an individual who:
	60	+	12 (1) is employed by an authorized service provider;
	61	+	13 (2) is paid on an hourly basis; and
	62	+	14 (3) is defined in 460 IAC 6-3-18 (as in effect on January 1,
	63	+	15 2023) or 460 IAC 9-1-18 (as in effect on January 1, 2023).
	64	+	16 Sec. 2. (a) The division may consult with stakeholders who do
	65	+	17 not have a conflict of interest to do the following:
	66	+	EH 1342—LS 7248/DI 104 2
	67	+	1 (1) Establish standards of a competency based training
	68	+	2 curriculum for direct support professionals.
	69	+	3 (2) Develop procedures to improve incident reporting
	70	+	4 concerning direct support professionals.
	71	+	5 (b) The training curriculum established under this section must
	72	+	6 include a tiered approach to training that consists of the following:
	73	+	7 (1) General education and training in providing direct
	74	+	8 support to individuals with intellectual disabilities or
	75	+	9 developmental disabilities with the issuance of a certificate
	76	+	10 upon successful completion of a standardized test.
	77	+	11 (2) Specialized subcategories of additional direct support
	78	+	12 professional training to allow for advanced learning and
	79	+	13 enable career growth in the provision of direct support
	80	+	14 services.
	81	+	15 Sec. 3. (a) Subject to subsection (b), the division may use any
	82	+	16 federal dollars available for the implementation of this chapter.
	83	+	17 (b) In developing the curriculum as required by section 2 of this
	84	+	18 chapter, the division shall first use any funds available from the
	85	+	19 federal American Rescue Plan Act of 2021 (P.L. 117-2). If no funds
	86	+	20 are available from the federal American Rescue Plan Act of 2021
	87	+	21 (P.L. 117-2), the division may use any other available funding, as
	88	+	22 necessary.
	89	+	23 SECTION 3. An emergency is declared for this act.
	90	+	EH 1342—LS 7248/DI 104 3
	91	+	COMMITTEE REPORT
	92	+	Mr. Speaker: Your Committee on Family, Children and Human
	93	+	Affairs, to which was referred House Bill 1342, has had the same under
	94	+	consideration and begs leave to report the same back to the House with
	95	+	the recommendation that said bill be amended as follows:
	96	+	Page 1, line 14, delete "provides any of the following support
	97	+	services:" and insert "is defined in 460 IAC 6-3-18 (as in effect on
	98	+	January 1, 2023) or 460 IAC 9-1-18 (as in effect on January 1,
	99	+	2023).".
	100	+	Page 1, delete lines 15 through 17.
	101	+	Page 2, delete lines 1 through 16.
	102	+	Page 2, line 18, delete "for direct support professionals." and insert
	103	+	"to be made available to authorized division personnel and
	104	+	authorized service providers.".
	105	+	Page 2, line 23, delete "complaints" and insert "incidents".
	106	+	Page 2, line 24, delete "exploitation," and insert "exploitation that
	107	+	meet the criteria established according to subsection (d),".
	108	+	Page 2, delete lines 29 through 30.
	109	+	Page 2, line 31, delete "(3)" and insert "(2)".
	110	+	Page 2, line 31, delete "concerning a" and insert "concerning an".
	111	+	Page 2, line 32, delete "complaint in" and insert "incident involving
	112	+	a direct support professional in".
	113	+	Page 2, line 32, delete "the complaint" and insert "the incident
	114	+	meets the criteria established according to subsection (d).".
	115	+	Page 2, delete line 33.
	116	+	Page 2, line 38, delete "may" and insert "shall".
	117	+	Page 2, line 39, delete "registry and complaint investigation
	118	+	procedure." and insert "registry, including the establishment of
	119	+	definitions and levels for substantiated abuse, neglect, and
	120	+	exploitation, the highest of which is the minimum the division must
	121	+	report to the registry.".
	122	+	Page 2, between lines 39 and 40, begin a new paragraph and insert:
	123	+	"(e) The division shall report to the registry a substantiated
58	124		incident that meets the criteria established according to subsection
59		-	(d).
60		-	(f) An employee of the division who reports a substantiated
61		-	incident that meets the criteria established according to subsection
62		-	(d) to the registry in good faith is not subject to liability in:
63		-	(1) a civil;
64		-	(2) an administrative;
65		-	(3) a disciplinary; or
66		-	(4) a criminal;
67		-	action that might otherwise be imposed for reporting the
68		-	information.
69		-	Sec. 3. (a) The division shall consult with stakeholders who do
70		-	not have a conflict of interest to do the following:
71		-	(1) Establish standards of a competency based training
72		-	curriculum for direct support professionals.
73		-	(2) Develop procedures to improve incident reporting
74		-	concerning direct support professionals.
75		-	(b) The training curriculum established under this section must
76		-	include a tiered approach to training that consists of the following:
77		-	(1) General education and training in providing direct
78		-	support to individuals with intellectual disabilities or
79		-	HEA 1342 — CC 1 3
80		-	developmental disabilities with the issuance of a certificate
81		-	upon successful completion of a standardized test.
82		-	(2) Specialized subcategories of additional direct support
83		-	professional training to allow for advanced learning and
84		-	enable career growth in the provision of direct support
85		-	services.
86		-	Sec. 4. (a) Before January 1, 2024, the division shall issue a
87		-	request for proposals in compliance with IC 5-22-9 seeking bids to
88		-	operate the training program with the established standards
89		-	determined under section 3 of this chapter.
90		-	(b) The division shall make every effort to contract with a
91		-	vendor from the request for proposals issued under subsection (a)
92		-	not later than January 1, 2025.
93		-	(c) A vendor selected under subsection (b) must begin operating
94		-	the training program before July 1, 2025.
95		-	Sec. 5. (a) Subject to subsection (b), the division may use any
96		-	federal dollars available for the implementation of this chapter.
97		-	(b) In developing the registry as required by section 2 of this
	125	+	(d).".
	126	+	Page 3, line 20, delete "July 1, 2024." and insert "January 1,
	127	+	2025.".
	128	+	Page 3, line 23, delete "August 30, 2023," and insert "August 31,
	129	+	2024,".
	130	+	Page 3, line 33, delete "December 31, 2023." and insert "December
	131	+	31, 2024.".
	132	+	EH 1342—LS 7248/DI 104 4
	133	+	and when so amended that said bill do pass.
	134	+	(Reference is to HB 1342 as introduced.)
	135	+	DEVON
	136	+	Committee Vote: yeas 11, nays 0.
	137	+	_____
	138	+	COMMITTEE REPORT
	139	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	140	+	referred House Bill 1342, has had the same under consideration and
	141	+	begs leave to report the same back to the House with the
	142	+	recommendation that said bill be amended as follows:
	143	+	Page 3, line 10, after "5." delete "The" and insert "(a) Subject to
	144	+	subsection (b), the".
	145	+	Page 3, between lines 11 and 12, begin a new paragraph and insert:
	146	+	"(b) In developing the registry as required by section 2 of this
98	147		chapter, the division shall first use any funds available from the
99	148		federal American Rescue Plan Act of 2021 (P.L. 117-2). If no funds
100	149		are available from the federal American Rescue Plan Act of 2021
101	150		(P.L. 117-2), the division shall use any other available funding, as
102		-	necessary.
103		-	Sec. 6. (a) Before August 31, 2024, the office of the secretary
104		-	shall apply to the United States Department of Health and Human
105		-	Services for any Medicaid waiver necessary to allow for Medicaid
106		-	reimbursement for Medicaid waiver covered services provided to
107		-	a Medicaid waiver recipient by a registered direct support
108		-	professional when training described in section 3(b)(1) of this
109		-	chapter:
110		-	(1) is being conducted, but has not been completed; and
111		-	(2) has been completed;
112		-	by the direct support professional.
113		-	(b) This section expires December 31, 2024.
114		-	SECTION 3. IC 34-30-2.1-138.5 IS ADDED TO THE INDIANA
115		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
116		-	[EFFECTIVE UPON PASSAGE]: Sec. 138.5. IC 12-11-16-2
117		-	(Concerning providing information to the direct support
118		-	professional registry).
119		-	SECTION 4. An emergency is declared for this act.
120		-	HEA 1342 — CC 1 Speaker of the House of Representatives
121		-	President of the Senate
122		-	President Pro Tempore
123		-	Governor of the State of Indiana
124		-	Date: Time:
125		-	HEA 1342 — CC 1
	151	+	necessary.".
	152	+	and when so amended that said bill do pass.
	153	+	(Reference is to HB 1342 as printed February 13, 2023.)
	154	+	THOMPSON
	155	+	Committee Vote: yeas 22, nays 0.
	156	+	_____
	157	+	COMMITTEE REPORT
	158	+	Madam President: The Senate Committee on Health and Provider
	159	+	Services, to which was referred House Bill No. 1342, has had the same
	160	+	under consideration and begs leave to report the same back to the
	161	+	Senate with the recommendation that said bill be AMENDED as
	162	+	follows:
	163	+	Page 1, line 9, delete "Registry and".
	164	+	Page 1, delete lines 16 through 17.
	165	+	EH 1342—LS 7248/DI 104 5
	166	+	Page 2, delete lines 1 through 28.
	167	+	Page 2, line 29, delete "3." and insert "2.".
	168	+	Page 3, delete lines 3 through 9.
	169	+	Page 3, line 10, delete "5." and insert "3.".
	170	+	Page 3, line 12, delete "registry" and insert "curriculum".
	171	+	Page 3, delete lines 18 through 28.
	172	+	and when so amended that said bill do pass and be reassigned to the
	173	+	Senate Committee on Appropriations.
	174	+	(Reference is to HB 1342 as printed February 21, 2023.)
	175	+	CHARBONNEAU, Chairperson
	176	+	Committee Vote: Yeas 8, Nays 0.
	177	+	_____
	178	+	COMMITTEE REPORT
	179	+	Madam President: The Senate Committee on Appropriations, to
	180	+	which was referred House Bill No. 1342, has had the same under
	181	+	consideration and begs leave to report the same back to the Senate with
	182	+	the recommendation that said bill be AMENDED as follows:
	183	+	Page 1, line 16, delete "shall" and insert "may".
	184	+	Page 2, line 21, delete "shall" and insert "may".
	185	+	and when so amended that said bill do pass.
	186	+	(Reference is to EHB 1342 as printed March 24, 2023.)
	187	+	BASSLER
	188	+	Committee Vote: Yeas 8, Nays 0.
	189	+	EH 1342—LS 7248/DI 104