Indiana 2023 Regular Session

Indiana House Bill HB1422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1422.2
	2	+	April 7, 2023
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1422
	5	+	_____
	6	+	DIGEST OF HB 1422 (Updated April 6, 2023 10:58 am - DI 129)
	7	+	Citations Affected: IC 12-7; IC 12-9.1; IC 12-10.
	8	+	Synopsis: Dementia care. Provides that an area agency on aging
	9	+	designated by the bureau of aging services (area agency) may establish
	10	+	a dementia care specialist program. Allows an area agency to designate
	11	+	at least one individual as a dementia care specialist to administer the
	12	+	program. Provides that the division of aging (division) may employ a
	13	+	dementia care specialist coordinator. Sets forth the duties of: (1) a
	14	+	dementia care specialist; and (2) the dementia care specialist
	15	+	coordinator; if an area agency or the division establishes those
	16	+	positions. Makes conforming changes.
	17	+	Effective: July 1, 2023.
	18	+	Porter, Barrett, Carbaugh, Jackson
	19	+	(SENATE SPONSORS — BECKER, MEL TON, BREAUX, CHARBONNEAU,
	20	+	YODER, QADDOURA)
	21	+	January 17, 2023, read first time and referred to Committee on Family, Children and
	22	+	Human Affairs.
	23	+	January 23, 2023, reassigned to Committee on Public Health.
	24	+	February 7, 2023, reported — Do Pass. Referred to Committee on Ways and Means
	25	+	pursuant to Rule 127.
	26	+	February 16, 2023, amended, reported — Do Pass.
	27	+	February 20, 2023, read second time, ordered engrossed.
	28	+	February 21, 2023, engrossed. Read third time, passed. Yeas 92, nays 0.
	29	+	SENATE ACTION
	30	+	March 6, 2023, read first time and referred to Committee on Health and Provider Services.
	31	+	March 23, 2023, reported favorably — Do Pass; reassigned to Committee on
	32	+	Appropriations.
	33	+	April 6, 2023, amended, reported favorably — Do Pass.
	34	+	EH 1422—LS 6370/DI 147 April 7, 2023
1	35		First Regular Session of the 123rd General Assembly (2023)
2	36		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	37		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	38		additions will appear in this style type, and deletions will appear in this style type.
5	39		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	40		provision adopted), the text of the new provision will appear in this style type. Also, the
7	41		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	42		a new provision to the Indiana Code or the Indiana Constitution.
9	43		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	44		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1422
12		-	AN ACT to amend the Indiana Code concerning human services.
	45	+	ENGROSSED
	46	+	HOUSE BILL No. 1422
	47	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	48	+	human services.
13	49		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-7-2-16.4 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16		-	1, 2023]: Sec. 16.4. "Area agency", for purposes of IC 12-10-5.7,
17		-	has the meaning set forth in IC 12-10-5.7-1.
18		-	SECTION 2. IC 12-7-2-146, AS AMENDED BY P.L.130-2018,
19		-	SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20		-	JULY 1, 2023]: Sec. 146. "Program" refers to the following:
21		-	(1) For purposes of IC 12-10-5.7, the meaning set forth in
22		-	IC 12-10-5.7-2.
23		-	(1) (2) For purposes of IC 12-10-7, the adult guardianship
24		-	services program established by IC 12-10-7-5.
25		-	(2) (3) For purposes of IC 12-10-10, the meaning set forth in
26		-	IC 12-10-10-5.
27		-	(3) (4) For purposes of IC 12-17.2-2-14.2, the meaning set forth
28		-	in IC 12-17.2-2-14.2(a).
29		-	(4) (5) For purposes of IC 12-17.6, the meaning set forth in
30		-	IC 12-17.6-1-5.
31		-	SECTION 3. IC 12-7-2-180.6 IS ADDED TO THE INDIANA
32		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
33		-	[EFFECTIVE JULY 1, 2023]: Sec. 180.6. "Specialist", for purposes
34		-	of IC 12-10-5.7, has the meaning set forth in IC 12-10-5.7-3.
35		-	SECTION 4. IC 12-9.1-5-4 IS ADDED TO THE INDIANA CODE
36		-	HEA 1422 — Concur 2
37		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38		-	1, 2023]: Sec. 4. The division may employ a dementia care
39		-	coordinator to do the following:
40		-	(1) Coordinate implementation of the dementia strategic plan.
	50	+	1 SECTION 1. IC 12-7-2-16.4 IS ADDED TO THE INDIANA CODE
	51	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	52	+	3 1, 2023]: Sec. 16.4. "Area agency", for purposes of IC 12-10-5.7,
	53	+	4 has the meaning set forth in IC 12-10-5.7-1.
	54	+	5 SECTION 2. IC 12-7-2-146, AS AMENDED BY P.L.130-2018,
	55	+	6 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	56	+	7 JULY 1, 2023]: Sec. 146. "Program" refers to the following:
	57	+	8 (1) For purposes of IC 12-10-5.7, the meaning set forth in
	58	+	9 IC 12-10-5.7-2.
	59	+	10 (1) (2) For purposes of IC 12-10-7, the adult guardianship
	60	+	11 services program established by IC 12-10-7-5.
	61	+	12 (2) (3) For purposes of IC 12-10-10, the meaning set forth in
	62	+	13 IC 12-10-10-5.
	63	+	14 (3) (4) For purposes of IC 12-17.2-2-14.2, the meaning set forth
	64	+	15 in IC 12-17.2-2-14.2(a).
	65	+	16 (4) (5) For purposes of IC 12-17.6, the meaning set forth in
	66	+	17 IC 12-17.6-1-5.
	67	+	EH 1422—LS 6370/DI 147 2
	68	+	1 SECTION 3. IC 12-7-2-180.6 IS ADDED TO THE INDIANA
	69	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	70	+	3 [EFFECTIVE JULY 1, 2023]: Sec. 180.6. "Specialist", for purposes
	71	+	4 of IC 12-10-5.7, has the meaning set forth in IC 12-10-5.7-3.
	72	+	5 SECTION 4. IC 12-9.1-5-4 IS ADDED TO THE INDIANA CODE
	73	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	74	+	7 1, 2023]: Sec. 4. The division may employ a dementia care
	75	+	8 coordinator to do the following:
	76	+	9 (1) Coordinate implementation of the dementia strategic plan.
	77	+	10 (2) Regarding the dementia care specialist program
	78	+	11 established under IC 12-10-5.7, do the following:
	79	+	12 (A) Develop or identify best practice guidelines concerning
	80	+	13 the establishment and administration of a dementia care
	81	+	14 specialist program in accordance with IC 12-10-5.7.
	82	+	15 (B) Establish training requirements necessary for staff
	83	+	16 working in a dementia care specialist program.
	84	+	17 (C) Disseminate guidelines and training requirements
	85	+	18 described in clauses (A) and (B) to each area agency.
	86	+	19 (D) Provide resources and technical assistance to an area
	87	+	20 agency or dementia care specialist designated by an area
	88	+	21 agency under IC 12-10-5.7.
	89	+	22 (E) Not later than December 1, 2024, and each December
	90	+	23 1 thereafter incorporate program reporting and analysis
	91	+	24 on coordinator activities, program impacts, and health
	92	+	25 outcomes as a subsection of the division's dementia
	93	+	26 strategic plan annual report required under section 3 of
	94	+	27 this chapter.
	95	+	28 SECTION 5. IC 12-10-1-6, AS AMENDED BY P.L.209-2018,
	96	+	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	97	+	30 JULY 1, 2023]: Sec. 6. (a) The area agencies on aging designated by
	98	+	31 the bureau in each planning and service region shall do the following:
	99	+	32 (1) Determine the needs and resources of the aged in the area.
	100	+	33 (2) Coordinate, in cooperation with other agencies or
	101	+	34 organizations in the area, region, district, or county, all programs
	102	+	35 and activities providing health, recreational, educational, or social
	103	+	36 services for the aged.
	104	+	37 (3) Secure local matching money from public and private sources
	105	+	38 to provide, improve, or expand the sources available to meet the
	106	+	39 needs of the aged.
	107	+	40 (4) Develop, in cooperation with the division and in accordance
	108	+	41 with the regulations of the commissioner of the federal
	109	+	42 Administration on Aging, an area plan for each planning and
	110	+	EH 1422—LS 6370/DI 147 3
	111	+	1 service area to provide for the following:
	112	+	2 (A) A comprehensive and coordinated system for the delivery
	113	+	3 of services needed by the aged in the area.
	114	+	4 (B) The collection and dissemination of information and
	115	+	5 referral sources.
	116	+	6 (C) The effective and efficient use of all resources meeting the
	117	+	7 needs of the aged.
	118	+	8 (D) The inauguration of new services and periodic evaluation
	119	+	9 of all programs and projects delivering services to the aged,
	120	+	10 with special emphasis on the low income and minority
	121	+	11 residents of the planning and service area.
	122	+	12 (E) The establishment, publication, and maintenance of a toll
	123	+	13 free telephone number to provide information, counseling, and
	124	+	14 referral services for the aged residents of the planning and
	125	+	15 service area.
	126	+	16 (5) Conduct case management (as defined in IC 12-10-10-1).
	127	+	17 (6) Perform any other functions required by regulations
	128	+	18 established under the Older Americans Act (42 U.S.C. 3001 et
	129	+	19 seq.).
	130	+	20 (7) Establish a dementia care specialist program as required
	131	+	21 by IC 12-10-5.7-4.
	132	+	22 (b) The division shall pay the costs associated with the toll free
	133	+	23 telephone number required under subsection (a).
	134	+	24 (c) Changes may not be made to the designated coverage area of an
	135	+	25 area agency on aging until after the following:
	136	+	26 (1) The office of the secretary holds a public hearing in each
	137	+	27 county where the existing area agency on aging is operating to
	138	+	28 discuss the proposed changes and receive public comment.
	139	+	29 (2) One (1) year elapses from the date of the meeting held under
	140	+	30 subdivision (1).
	141	+	31 SECTION 6. IC 12-10-5.7 IS ADDED TO THE INDIANA CODE
	142	+	32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	143	+	33 JULY 1, 2023]:
	144	+	34 Chapter 5.7. Dementia Care Specialist Program
	145	+	35 Sec. 1. As used in this chapter, "area agency" means an area
	146	+	36 agency on aging designated by the bureau under IC 12-10-1-4.
	147	+	37 Sec. 2. As used in this chapter, "program" means a dementia
	148	+	38 care specialist program established by an area agency under this
	149	+	39 chapter.
	150	+	40 Sec. 3. As used in this chapter, "specialist" means a dementia
	151	+	41 care specialist designated by an area agency to administer a
	152	+	42 program under section 4 of this chapter.
	153	+	EH 1422—LS 6370/DI 147 4
	154	+	1 Sec. 4. (a) An area agency may establish a dementia care
	155	+	2 specialist program under which an area agency may designate an
	156	+	3 employee as a dementia care specialist for the area agency to
	157	+	4 administer the program.
	158	+	5 (b) A specialist may work with the state dementia coordinator
	159	+	6 under IC 12-9.1-5-4 to administer the program through the
	160	+	7 following actions:
	161	+	8 (1) Conducting education and outreach activities to increase
	162	+	9 community awareness of dementia and resources available to
	163	+	10 support individuals with dementia and their caregivers.
	164	+	11 (2) Consulting with and providing training to individuals,
	165	+	12 including area agency staff, who interact with an individual
	166	+	13 or a caregiver caring for a person who:
	167	+	14 (A) has dementia; or
	168	+	15 (B) suffers from symptoms of dementia or a related
	169	+	16 cognitive disease.
	170	+	17 (3) Establishing relationships with health care providers,
	171	+	18 health maintenance organizations, and other
	172	+	19 community-based organizations to serve as a liaison to
	173	+	20 facilitate increased contact and promote organizational care
	174	+	21 coordination and dementia-friendly activities.
	175	+	22 (4) Providing any other service that is determined to be
	176	+	23 appropriate by the division or area agency that supports the
	177	+	24 aims and goals of the dementia strategic plan under
	178	+	25 IC 12-9.1-5 or supports a data collection and evaluation plan
	179	+	26 to determine health outcomes tied to the dementia care
	180	+	27 specialist programming.
	181	+	28 Sec. 5. A specialist may follow any guidelines or training
	182	+	29 requirements developed by the dementia care specialist
	183	+	30 coordinator under IC 12-9.1-5-4.
	184	+	31 Sec. 6. The division may adopt rules under IC 4-22-2 necessary
	185	+	32 to implement this chapter.
	186	+	EH 1422—LS 6370/DI 147 5
	187	+	COMMITTEE REPORT
	188	+	Mr. Speaker: Your Committee on Public Health, to which was
	189	+	referred House Bill 1422, has had the same under consideration and
	190	+	begs leave to report the same back to the House with the
	191	+	recommendation that said bill do pass.
	192	+	(Reference is to HB 1422 as introduced.)
	193	+	BARRETT
	194	+	Committee Vote: Yeas 13, Nays 0
	195	+	_____
	196	+	COMMITTEE REPORT
	197	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	198	+	referred House Bill 1422, has had the same under consideration and
	199	+	begs leave to report the same back to the House with the
	200	+	recommendation that said bill be amended as follows:
	201	+	Delete the title and insert the following:
	202	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	203	+	human services.
	204	+	Page 2, line 8, delete "specialist".
	205	+	Page 2, delete lines 9 through 25, begin a new line block indented
	206	+	and insert:
	207	+	"(1) Coordinate implementation of the dementia strategic
	208	+	plan.
41	209		(2) Regarding the dementia care specialist program
42	210		established under IC 12-10-5.7, do the following:
43	211		(A) Develop or identify best practice guidelines concerning
44	212		the establishment and administration of a dementia care
45	213		specialist program in accordance with IC 12-10-5.7.
46	214		(B) Establish training requirements necessary for staff
47	215		working in a dementia care specialist program.
48	216		(C) Disseminate guidelines and training requirements
49	217		described in clauses (A) and (B) to each area agency.
50	218		(D) Provide resources and technical assistance to an area
51	219		agency or dementia care specialist designated by an area
52	220		agency under IC 12-10-5.7.
53	221		(E) Not later than December 1, 2024, and each December
54	222		1 thereafter incorporate program reporting and analysis
55	223		on coordinator activities, program impacts, and health
56	224		outcomes as a subsection of the division's dementia
57		-	strategic plan annual report required under section 3 of
58		-	this chapter.
59		-	SECTION 5. IC 12-10-1-6, AS AMENDED BY P.L.209-2018,
60		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
61		-	JULY 1, 2023]: Sec. 6. (a) The area agencies on aging designated by
62		-	the bureau in each planning and service region shall do the following:
63		-	(1) Determine the needs and resources of the aged in the area.
64		-	(2) Coordinate, in cooperation with other agencies or
65		-	organizations in the area, region, district, or county, all programs
66		-	and activities providing health, recreational, educational, or social
67		-	services for the aged.
68		-	(3) Secure local matching money from public and private sources
69		-	to provide, improve, or expand the sources available to meet the
70		-	needs of the aged.
71		-	(4) Develop, in cooperation with the division and in accordance
72		-	with the regulations of the commissioner of the federal
73		-	Administration on Aging, an area plan for each planning and
74		-	service area to provide for the following:
75		-	(A) A comprehensive and coordinated system for the delivery
76		-	of services needed by the aged in the area.
77		-	(B) The collection and dissemination of information and
78		-	referral sources.
79		-	HEA 1422 — Concur 3
80		-	(C) The effective and efficient use of all resources meeting the
81		-	needs of the aged.
82		-	(D) The inauguration of new services and periodic evaluation
83		-	of all programs and projects delivering services to the aged,
84		-	with special emphasis on the low income and minority
85		-	residents of the planning and service area.
86		-	(E) The establishment, publication, and maintenance of a toll
87		-	free telephone number to provide information, counseling, and
88		-	referral services for the aged residents of the planning and
89		-	service area.
90		-	(5) Conduct case management (as defined in IC 12-10-10-1).
91		-	(6) Perform any other functions required by regulations
92		-	established under the Older Americans Act (42 U.S.C. 3001 et
93		-	seq.).
94		-	(7) Establish a dementia care specialist program as required
95		-	by IC 12-10-5.7-4.
96		-	(b) The division shall pay the costs associated with the toll free
97		-	telephone number required under subsection (a).
98		-	(c) Changes may not be made to the designated coverage area of an
99		-	area agency on aging until after the following:
100		-	(1) The office of the secretary holds a public hearing in each
101		-	county where the existing area agency on aging is operating to
102		-	discuss the proposed changes and receive public comment.
103		-	(2) One (1) year elapses from the date of the meeting held under
104		-	subdivision (1).
105		-	SECTION 6. IC 12-10-5.7 IS ADDED TO THE INDIANA CODE
106		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
107		-	JULY 1, 2023]:
108		-	Chapter 5.7. Dementia Care Specialist Program
109		-	Sec. 1. As used in this chapter, "area agency" means an area
110		-	agency on aging designated by the bureau under IC 12-10-1-4.
111		-	Sec. 2. As used in this chapter, "program" means a dementia
112		-	care specialist program established by an area agency under this
113		-	chapter.
114		-	Sec. 3. As used in this chapter, "specialist" means a dementia
115		-	care specialist designated by an area agency to administer a
116		-	program under section 4 of this chapter.
117		-	Sec. 4. (a) An area agency may establish a dementia care
118		-	specialist program under which an area agency may designate an
119		-	employee as a dementia care specialist for the area agency to
120		-	administer the program.
121		-	(b) A specialist may work with the state dementia coordinator
122		-	HEA 1422 — Concur 4
123		-	under IC 12-9.1-5-4 to administer the program through the
124		-	following actions:
125		-	(1) Conducting education and outreach activities to increase
126		-	community awareness of dementia and resources available to
127		-	support individuals with dementia and their caregivers.
128		-	(2) Consulting with and providing training to individuals,
129		-	including area agency staff, who interact with an individual
130		-	or a caregiver caring for a person who:
131		-	(A) has dementia; or
132		-	(B) suffers from symptoms of dementia or a related
133		-	cognitive disease.
134		-	(3) Establishing relationships with health care providers,
135		-	health maintenance organizations, and other
136		-	community-based organizations to serve as a liaison to
137		-	facilitate increased contact and promote organizational care
138		-	coordination and dementia-friendly activities.
139		-	(4) Providing any other service that is determined to be
	225	+	strategic plan annual report required under
	226	+	EH 1422—LS 6370/DI 147 6
	227	+	IC 12-9.1-5-3.".
	228	+	Page 3, line 39, delete "or hired".
	229	+	Page 3, line 42, delete "which:" and insert "which an area agency
	230	+	may designate an employee as a dementia care specialist for the
	231	+	area agency to administer the program.".
	232	+	Page 4, delete lines 1 through 5.
	233	+	Page 4, line 6, delete "dementia care specialist" and insert "state
	234	+	dementia coordinator".
	235	+	Page 4, line 7, delete "coordinator".
	236	+	Page 4, delete lines 9 through 17.
	237	+	Page 4, line 18, delete "(3)" and insert "(1)".
	238	+	Page 4, line 19, delete "dementia." and insert "dementia and
	239	+	resources available to support individuals with dementia and their
	240	+	caregivers.".
	241	+	Page 4, line 20, delete "(4)" and insert "(2)".
	242	+	Page 4, line 21, after "individual" insert "or a caregiver caring for
	243	+	a person".
	244	+	Page 4, line 26, delete "(5)" and insert "(3)".
	245	+	Page 4, line 26, delete "providers and" and insert "providers, health
	246	+	maintenance organizations, and other community-based
	247	+	organizations to serve as a liaison to facilitate increased contact
	248	+	and promote organizational care coordination and
	249	+	dementia-friendly activities.".
	250	+	Page 4, delete lines 27 through 32.
	251	+	Page 4, delete lines 33 through 37, begin a new line block indented
	252	+	and insert:
	253	+	"(4) Providing any other service that is determined to be
140	254		appropriate by the division or area agency that supports the
141	255		aims and goals of the dementia strategic plan under
142	256		IC 12-9.1-5 or supports a data collection and evaluation plan
143	257		to determine health outcomes tied to the dementia care
144		-	specialist programming.
145		-	Sec. 5. A specialist may follow any guidelines or training
146		-	requirements developed by the dementia care specialist
147		-	coordinator under IC 12-9.1-5-4.
148		-	Sec. 6. The division may adopt rules under IC 4-22-2 necessary
149		-	to implement this chapter.
150		-	HEA 1422 — Concur Speaker of the House of Representatives
151		-	President of the Senate
152		-	President Pro Tempore
153		-	Governor of the State of Indiana
154		-	Date: Time:
155		-	HEA 1422 — Concur
	258	+	specialist programming.".
	259	+	Delete page 5.
	260	+	Renumber all SECTIONS consecutively.
	261	+	and when so amended that said bill do pass.
	262	+	(Reference is to HB 1422 as printed February 7, 2023.)
	263	+	THOMPSON
	264	+	Committee Vote: yeas 22, nays 0.
	265	+	EH 1422—LS 6370/DI 147 7
	266	+	COMMITTEE REPORT
	267	+	Madam President: The Senate Committee on Health and Provider
	268	+	Services, to which was referred House Bill No. 1422, has had the same
	269	+	under consideration and begs leave to report the same back to the
	270	+	Senate with the recommendation that said bill DO PASS and be
	271	+	reassigned to the Senate Committee on Appropriations.
	272	+	(Reference is to HB 1422 as printed February 16, 2023.)
	273	+	CHARBONNEAU, Chairperson
	274	+	Committee Vote: Yeas 7, Nays 2
	275	+	_____
	276	+	COMMITTEE REPORT
	277	+	Madam President: The Senate Committee on Appropriations, to
	278	+	which was referred House Bill No. 1422, has had the same under
	279	+	consideration and begs leave to report the same back to the Senate with
	280	+	the recommendation that said bill be AMENDED as follows:
	281	+	Page 2, line 7, delete "shall" and insert "may".
	282	+	Page 2, line 26, delete "IC 12-9.1-5-3." and insert "section 3 of this
	283	+	chapter.".
	284	+	Page 3, line 42, delete "shall" and insert "may".
	285	+	Page 4, line 4, delete "shall" and insert "may".
	286	+	Page 4, line 27, delete "shall" and insert "may".
	287	+	and when so amended that said bill do pass.
	288	+	(Reference is to EHB 1422 as printed March 24, 2023.)
	289	+	BASSLER
	290	+	Committee Vote: Yeas 9, Nays 1.
	291	+	EH 1422—LS 6370/DI 147