Introduced Version
HOUSE BILL No. 1359
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-10-12; IC 12-15-5-1.
Synopsis: Resources for committed offenders upon release. Requires
the department of correction (department) to provide: (1) a short term
supply of medication to certain Medicaid eligible committed offenders
and a discharge summary of the medications provided to the committed
offender during the committed offender's term of incarceration; (2)
assistance to obtain certain documentation; and (3) assistance in
obtaining a credential from the bureau of motor vehicles at the time of
the committed offender's release on parole, assignment to a community
transition program, or discharge from the department. Provides
Medicaid coverage for a prescription provided by the department at the
time of an offender's release on parole, assignment to a community
transition program, or discharge from the department.
Effective: July 1, 2023.
Bauer M
January 17, 2023, read first time and referred to Committee on Courts and Criminal Code.
2023 IN 1359—LS 6382/DI 139 Introduced
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.
HOUSE BILL No. 1359
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 11-10-12-5.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2023]: Sec. 5.5. (a) This section applies to a
4 committed offender who is:
5 (1) eligible for Medicaid coverage under section 5.3 of this
6 chapter; and
7 (2) being treated for a mental illness or addictive disorder
8 with medication by a qualified medical provider.
9 (b) Except as provided in subsection (c), the department shall
10 provide a committed offender with a fourteen (14) day supply of
11 the medication prescribed to the committed offender less
12 remaining medication provided by the department to the
13 committed offender during the committed offender's period of
14 incarceration when the committed offender is:
15 (1) released on parole;
16 (2) assigned to a community transition program; or
17 (3) discharged from the department.
2023 IN 1359—LS 6382/DI 139 2
1 (c) The department shall provide a committed offender with a
2 sixty (60) day supply of the medication prescribed to the committed
3 offender less remaining medication provided by the department to
4 the committed offender during the committed offender's period of
5 incarceration when the committed offender is released on parole,
6 assigned to a community transition program, or discharged from
7 the department, and the committed offender:
8 (1) was under twenty-four (24) hour supervision while at the
9 department; or
10 (2) is being released to a residential treatment facility.
11 (d) The department shall provide a committed offender with a
12 discharge summary that details the medication provided by the
13 department to the committed offender during the committed
14 offender's period of incarceration when the committed offender is:
15 (1) released on parole;
16 (2) assigned to a community transition program; or
17 (3) discharged from the department.
18 SECTION 2. IC 11-10-12-7 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2023]: Sec. 7. (a) The department shall assist a committed
21 offender with obtaining the following documentation prior to the
22 committed offender's release on parole, assignment to a
23 community transition program, or discharge from the department
24 if the committed offender qualifies to receive the documentation
25 and does not already possess the documentation:
26 (1) A Social Security card issued for the committed offender
27 by the United States Social Security Administration.
28 (2) The committed offender's birth certificate.
29 (3) Any other documentation necessary to obtain a credential
30 from the bureau of motor vehicles.
31 (b) The department shall provide assistance described in
32 subsection (a) in sufficient time to ensure that the committed
33 offender will be able to obtain the documentation listed in
34 subsection (a)(1) through (a)(3) at the time the committed offender
35 is:
36 (1) released on parole;
37 (2) assigned to a community transition program; or
38 (3) discharged from the department.
39 SECTION 3. IC 11-10-12-8 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2023]: Sec. 8. (a) The department shall assist a committed
42 offender with obtaining a credential from the bureau of motor
2023 IN 1359—LS 6382/DI 139 3
1 vehicles prior to the committed offender's:
2 (1) release on parole;
3 (2) assignment to a community transition program; or
4 (3) discharge from the department.
5 (b) The department shall provide assistance described in
6 subsection (a) in sufficient time to ensure that the committed
7 offender will be able to obtain a credential from the bureau of
8 motor vehicles prior to the time the committed offender is:
9 (1) released on parole;
10 (2) assigned to a community transition program; or
11 (3) discharged from the department.
12 SECTION 4. IC 12-15-5-1, AS AMENDED BY P.L.180-2022(ss),
13 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2023]: Sec. 1. (a) Except as provided in IC 12-15-2-12,
15 IC 12-15-6, and IC 12-15-21, the following services and supplies are
16 provided under Medicaid:
17 (1) Inpatient hospital services.
18 (2) Nursing facility services.
19 (3) Physician's services, including services provided under
20 IC 25-10-1 and IC 25-22.5-1.
21 (4) Outpatient hospital or clinic services.
22 (5) Home health care services.
23 (6) Private duty nursing services.
24 (7) Physical therapy and related services.
25 (8) Dental services.
26 (9) Prescribed laboratory and x-ray services.
27 (10) Prescribed drugs and pharmacist services, including
28 prescriptions provided under IC 11-10-12-5.5.
29 (11) Eyeglasses and prosthetic devices.
30 (12) Optometric services.
31 (13) Diagnostic, screening, preventive, and rehabilitative services.
32 (14) Podiatric medicine services.
33 (15) Hospice services.
34 (16) Services or supplies recognized under Indiana law and
35 specified under rules adopted by the office.
36 (17) Family planning services except the performance of
37 abortions.
38 (18) Nonmedical nursing care given in accordance with the tenets
39 and practices of a recognized church or religious denomination to
40 an individual qualified for Medicaid who depends upon healing
41 by prayer and spiritual means alone in accordance with the tenets
42 and practices of the individual's church or religious denomination.
2023 IN 1359—LS 6382/DI 139 4
1 (19) Services provided to individuals described in IC 12-15-2-8.
2 (20) Services provided under IC 12-15-34 and IC 12-15-32.
3 (21) Case management services provided to individuals described
4 in IC 12-15-2-13.
5 (22) Any other type of remedial care recognized under Indiana
6 law and specified by the United States Secretary of Health and
7 Human Services.
8 (23) Examinations required under IC 16-41-17-2(a)(10).
9 (24) Inpatient substance abuse detoxification services.
10 (25) Chronic pain management.
11 (26) Donated breast milk that meets requirements developed by
12 the office of Medicaid policy and planning.
13 (b) The office shall do the following:
14 (1) Apply to the United States Department of Health and Human
15 Services for any state plan amendment or waiver necessary to
16 implement the services or supplies described in subsection
17 (a)(26).
18 (2) Develop requirements for donated breast milk as described in
19 subsection (a)(26).
20 (3) As soon as practicable, but not later than January 1, 2023, the
21 office shall:
22 (A) seek any necessary approval from the United States
23 Department of Health and Human Services; and
24 (B) adopt any written policies, procedures, or regulations
25 determined necessary;
26 to provide reimbursement for long-acting reversible
27 contraception. This subdivision expires June 30, 2023.
2023 IN 1359—LS 6382/DI 139