First Regular Session of the 123rd General Assembly (2023)
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HOUSE ENROLLED ACT No. 1342
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-7-2-63.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 63.5. "Direct support professional", for
purposes of IC 12-11-16, has the meaning set forth in
IC 12-11-16-1.
SECTION 2. IC 12-11-16 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 16. Direct Support Professional Registry and Training
Sec. 1. As used in this chapter, "direct support professional"
means an individual who is:
(1) employed by an authorized service provider;
(2) paid on an hourly basis; and
(3) defined in 460 IAC 6-3-18 (as in effect on January 1, 2023)
or 460 IAC 9-1-18 (as in effect on January 1, 2023).
Sec. 2. (a) The division shall establish and maintain a direct
support professional registry to be made available to authorized
division personnel and authorized service providers. The registry
must:
(1) include a list of direct support professionals who have
registered with the division in the manner required by the
division; and
HEA 1342 — CC 1 2
(2) contain any substantiated incidents for abuse, neglect, and
exploitation that meet the criteria established according to
subsection (d), as determined by the division for a direct
support professional included on the registry.
(b) The division shall establish the following:
(1) An application to be used for an individual to register for
the registry and renew the registration for the registry.
(2) An appeals process as provided in IC 4-21.5 concerning an
incident involving a direct support professional in which the
division has determined the incident meets the criteria
established according to subsection (d).
(c) Beginning January 1, 2026, and thereafter, an individual
may not provide direct support services as a direct support
professional in Indiana unless the individual is registered by the
division for the registry under this chapter.
(d) The division shall adopt rules under IC 4-22-2 necessary to
implement the registry, including the establishment of definitions
and levels for substantiated abuse, neglect, and exploitation, the
highest of which is the minimum the division must report to the
registry.
(e) The division shall report to the registry a substantiated
incident that meets the criteria established according to subsection
(d).
(f) An employee of the division who reports a substantiated
incident that meets the criteria established according to subsection
(d) to the registry 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 for reporting the
information.
Sec. 3. (a) The division shall consult with stakeholders who do
not have a conflict of interest to do the following:
(1) Establish standards of a competency based training
curriculum for direct support professionals.
(2) Develop procedures to improve incident reporting
concerning direct support professionals.
(b) The training curriculum established under this section must
include a tiered approach to training that consists of the following:
(1) General education and training in providing direct
support to individuals with intellectual disabilities or
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developmental disabilities with the issuance of a certificate
upon successful completion of a standardized test.
(2) Specialized subcategories of additional direct support
professional training to allow for advanced learning and
enable career growth in the provision of direct support
services.
Sec. 4. (a) Before January 1, 2024, the division shall issue a
request for proposals in compliance with IC 5-22-9 seeking bids to
operate the training program with the established standards
determined under section 3 of this chapter.
(b) The division shall make every effort to contract with a
vendor from the request for proposals issued under subsection (a)
not later than January 1, 2025.
(c) A vendor selected under subsection (b) must begin operating
the training program before July 1, 2025.
Sec. 5. (a) Subject to subsection (b), the division may use any
federal dollars available for the implementation of this chapter.
(b) In developing the registry as required by section 2 of this
chapter, the division shall first use any funds available from the
federal American Rescue Plan Act of 2021 (P.L. 117-2). If no funds
are available from the federal American Rescue Plan Act of 2021
(P.L. 117-2), the division shall use any other available funding, as
necessary.
Sec. 6. (a) Before August 31, 2024, the office of the secretary
shall apply to the United States Department of Health and Human
Services for any Medicaid waiver necessary to allow for Medicaid
reimbursement for Medicaid waiver covered services provided to
a Medicaid waiver recipient by a registered direct support
professional when training described in section 3(b)(1) of this
chapter:
(1) is being conducted, but has not been completed; and
(2) has been completed;
by the direct support professional.
(b) This section expires December 31, 2024.
SECTION 3. IC 34-30-2.1-138.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 138.5. IC 12-11-16-2
(Concerning providing information to the direct support
professional registry).
SECTION 4. An emergency is declared for this act.
HEA 1342 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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