Introduced Version
SENATE BILL No. 309
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2-63.5; IC 12-11-16.
Synopsis: Direct service provider registry. Requires the division of
disability and rehabilitative services (division) to establish and
maintain a direct support professional registry. Requires a direct
support professional to register with the division in order to provide
direct support services. Requires the division to consult with
stakeholders and establish a tiered training certification program for
direct support professionals. Requires the division to issue a request for
proposals before October 1, 2023, to operate the training program and
select a vendor. Allows the division to use any federal dollars available
for the registry and training. Requires the division to apply to the
federal government for approval of Medicaid reimbursement for
services provided by a direct support professional during training.
Effective: Upon passage.
Yoder
January 12, 2023, read first time and referred to Committee on Family and Children
Services.
2023 IN 309—LS 6841/DI 104 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.
SENATE BILL No. 309
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-7-2-63.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 63.5. "Direct support professional", for
4 purposes of IC 12-11-16, has the meaning set forth in
5 IC 12-11-16-1.
6 SECTION 2. IC 12-11-16 IS ADDED TO THE INDIANA CODE
7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]:
9 Chapter 16. Direct Support Professional Registry and Training
10 Sec. 1. As used in this chapter, "direct support professional"
11 means a provider who provides hands on services to an individual
12 with an intellectual disability or a developmental disability to allow
13 the individual to live in the least restrictive setting possible.
14 Sec. 2. (a) The division shall establish and maintain a direct
15 support professional registry for direct support professionals. The
16 registry must:
17 (1) include a list of direct support professionals who have
2023 IN 309—LS 6841/DI 104 2
1 registered with the division in the manner required by the
2 division;
3 (2) be available in an electronic format for:
4 (A) staff of the office of the secretary; and
5 (B) providers of developmental disability services;
6 to determine whether an individual on the registry has a
7 substantiated incident and the level of severity of the
8 substantiated incident; and
9 (3) contain any substantiated complaints determined by the
10 division for a direct support professional included on the
11 registry.
12 (b) The division may charge an individual a fee for registration
13 and renewal of registration for the direct support professional
14 registry.
15 (c) The division shall establish the following:
16 (1) An application to be used for an individual to register for
17 the direct support professional registry and renew the
18 individual's registration for the registry.
19 (2) A registration and renewal fee for the registry.
20 (3) A process for a consumer to file a complaint with the
21 division concerning a direct support professional.
22 (4) The process in which the division will investigate and
23 substantiate complaints.
24 (5) An appeals process as provided in IC 4-21.5 for a direct
25 support professional concerning a complaint in which the
26 division has determined the complaint against a direct
27 support professional is substantiated.
28 (d) Beginning September 1, 2023, and thereafter, an individual
29 may not provide direct support services as a direct support
30 professional in Indiana unless the individual is registered by the
31 division for the registry under this chapter.
32 (e) The division may adopt rules under IC 4-22-2 necessary to
33 implement the registry and complaint investigation procedure.
34 Sec. 3. (a) Before August 1, 2023, the division shall consult with
35 stakeholders who do not have a conflict of interest to do the
36 following:
37 (1) Establish standards of a competency based training
38 curriculum for direct support professionals.
39 (2) Develop procedures to improve incident reporting
40 concerning direct support professionals.
41 (b) The training curriculum established under this section must
42 include a tiered approach to training that consists of the following:
2023 IN 309—LS 6841/DI 104 3
1 (1) General education and training in providing direct
2 support to individuals with intellectual disabilities or
3 developmental disabilities with the issuance of a certificate
4 upon successful completion of a standardized test.
5 (2) Specialized subcategories of additional direct support
6 professional training to allow for advanced learning and
7 enable career growth in the provision of direct support
8 services.
9 (c) Not later than six (6) months after the implementation by the
10 division of the training program for direct support professionals of
11 competency based training described in subsection (b)(1), an
12 individual, in addition to being registered under section 2 of this
13 chapter, must have successfully completed the training and been
14 certified in order to provide direct support services in Indiana.
15 Sec. 4. (a) Before October 1, 2023, the division shall issue a
16 request for proposals in compliance with IC 5-22-9 seeking bids to
17 operate the training program with the established standards
18 determined under section 3 of this chapter.
19 (b) The division shall make every effort to contract with a
20 vendor from the request for proposals issued under subsection (a)
21 not later than January 31, 2024.
22 Sec. 5. The division may use any federal dollars available for the
23 implementation of this chapter.
24 Sec. 6. (a) Before August 30, 2023, the office of the secretary
25 shall apply to the United States Department of Health and Human
26 Services for any Medicaid waiver necessary to allow for Medicaid
27 reimbursement for Medicaid waiver covered services provided to
28 a Medicaid waiver recipient by a registered direct support
29 professional when training described in section 3(b)(1) of this
30 chapter:
31 (1) is being conducted, but has not been completed; and
32 (2) has been completed;
33 by the direct support professional.
34 (b) This section expires December 31, 2023.
35 SECTION 3. An emergency is declared for this act.
2023 IN 309—LS 6841/DI 104