Indiana 2023 Regular Session

Indiana Senate Bill SB0309 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 309
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-7-2-63.5; IC 12-11-16.
7	7	Synopsis: Direct service provider registry. Requires the division of
8	8	disability and rehabilitative services (division) to establish and
9	9	maintain a direct support professional registry. Requires a direct
10	10	support professional to register with the division in order to provide
11	11	direct support services. Requires the division to consult with
12	12	stakeholders and establish a tiered training certification program for
13	13	direct support professionals. Requires the division to issue a request for
14	14	proposals before October 1, 2023, to operate the training program and
15	15	select a vendor. Allows the division to use any federal dollars available
16	16	for the registry and training. Requires the division to apply to the
17	17	federal government for approval of Medicaid reimbursement for
18	18	services provided by a direct support professional during training.
19	19	Effective: Upon passage.
20	20	Yoder
21	21	January 12, 2023, read first time and referred to Committee on Family and Children
22	22	Services.
23	23	2023 IN 309—LS 6841/DI 104 Introduced
24	24	First Regular Session of the 123rd General Assembly (2023)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2022 Regular Session of the General Assembly.
34	34	SENATE BILL No. 309
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	human services.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 12-7-2-63.5 IS ADDED TO THE INDIANA CODE
39	39	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
40	40	3 UPON PASSAGE]: Sec. 63.5. "Direct support professional", for
41	41	4 purposes of IC 12-11-16, has the meaning set forth in
42	42	5 IC 12-11-16-1.
43	43	6 SECTION 2. IC 12-11-16 IS ADDED TO THE INDIANA CODE
44	44	7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
45	45	8 UPON PASSAGE]:
46	46	9 Chapter 16. Direct Support Professional Registry and Training
47	47	10 Sec. 1. As used in this chapter, "direct support professional"
48	48	11 means a provider who provides hands on services to an individual
49	49	12 with an intellectual disability or a developmental disability to allow
50	50	13 the individual to live in the least restrictive setting possible.
51	51	14 Sec. 2. (a) The division shall establish and maintain a direct
52	52	15 support professional registry for direct support professionals. The
53	53	16 registry must:
54	54	17 (1) include a list of direct support professionals who have
55	55	2023 IN 309—LS 6841/DI 104 2
56	56	1 registered with the division in the manner required by the
57	57	2 division;
58	58	3 (2) be available in an electronic format for:
59	59	4 (A) staff of the office of the secretary; and
60	60	5 (B) providers of developmental disability services;
61	61	6 to determine whether an individual on the registry has a
62	62	7 substantiated incident and the level of severity of the
63	63	8 substantiated incident; and
64	64	9 (3) contain any substantiated complaints determined by the
65	65	10 division for a direct support professional included on the
66	66	11 registry.
67	67	12 (b) The division may charge an individual a fee for registration
68	68	13 and renewal of registration for the direct support professional
69	69	14 registry.
70	70	15 (c) The division shall establish the following:
71	71	16 (1) An application to be used for an individual to register for
72	72	17 the direct support professional registry and renew the
73	73	18 individual's registration for the registry.
74	74	19 (2) A registration and renewal fee for the registry.
75	75	20 (3) A process for a consumer to file a complaint with the
76	76	21 division concerning a direct support professional.
77	77	22 (4) The process in which the division will investigate and
78	78	23 substantiate complaints.
79	79	24 (5) An appeals process as provided in IC 4-21.5 for a direct
80	80	25 support professional concerning a complaint in which the
81	81	26 division has determined the complaint against a direct
82	82	27 support professional is substantiated.
83	83	28 (d) Beginning September 1, 2023, and thereafter, an individual
84	84	29 may not provide direct support services as a direct support
85	85	30 professional in Indiana unless the individual is registered by the
86	86	31 division for the registry under this chapter.
87	87	32 (e) The division may adopt rules under IC 4-22-2 necessary to
88	88	33 implement the registry and complaint investigation procedure.
89	89	34 Sec. 3. (a) Before August 1, 2023, the division shall consult with
90	90	35 stakeholders who do not have a conflict of interest to do the
91	91	36 following:
92	92	37 (1) Establish standards of a competency based training
93	93	38 curriculum for direct support professionals.
94	94	39 (2) Develop procedures to improve incident reporting
95	95	40 concerning direct support professionals.
96	96	41 (b) The training curriculum established under this section must
97	97	42 include a tiered approach to training that consists of the following:
98	98	2023 IN 309—LS 6841/DI 104 3
99	99	1 (1) General education and training in providing direct
100	100	2 support to individuals with intellectual disabilities or
101	101	3 developmental disabilities with the issuance of a certificate
102	102	4 upon successful completion of a standardized test.
103	103	5 (2) Specialized subcategories of additional direct support
104	104	6 professional training to allow for advanced learning and
105	105	7 enable career growth in the provision of direct support
106	106	8 services.
107	107	9 (c) Not later than six (6) months after the implementation by the
108	108	10 division of the training program for direct support professionals of
109	109	11 competency based training described in subsection (b)(1), an
110	110	12 individual, in addition to being registered under section 2 of this
111	111	13 chapter, must have successfully completed the training and been
112	112	14 certified in order to provide direct support services in Indiana.
113	113	15 Sec. 4. (a) Before October 1, 2023, the division shall issue a
114	114	16 request for proposals in compliance with IC 5-22-9 seeking bids to
115	115	17 operate the training program with the established standards
116	116	18 determined under section 3 of this chapter.
117	117	19 (b) The division shall make every effort to contract with a
118	118	20 vendor from the request for proposals issued under subsection (a)
119	119	21 not later than January 31, 2024.
120	120	22 Sec. 5. The division may use any federal dollars available for the
121	121	23 implementation of this chapter.
122	122	24 Sec. 6. (a) Before August 30, 2023, the office of the secretary
123	123	25 shall apply to the United States Department of Health and Human
124	124	26 Services for any Medicaid waiver necessary to allow for Medicaid
125	125	27 reimbursement for Medicaid waiver covered services provided to
126	126	28 a Medicaid waiver recipient by a registered direct support
127	127	29 professional when training described in section 3(b)(1) of this
128	128	30 chapter:
129	129	31 (1) is being conducted, but has not been completed; and
130	130	32 (2) has been completed;
131	131	33 by the direct support professional.
132	132	34 (b) This section expires December 31, 2023.
133	133	35 SECTION 3. An emergency is declared for this act.
134	134	2023 IN 309—LS 6841/DI 104