1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1023 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 12-7-2-40.3; IC 12-15-5-22; IC 16-18-2; |
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7 | 7 | | IC 16-46-18. |
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8 | 8 | | Synopsis: Violence prevention services. Requires Medicaid |
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9 | 9 | | reimbursement for eligible community violence prevention services |
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10 | 10 | | provided by a qualified violence prevention professional to certain |
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11 | 11 | | Medicaid recipients. Requires the office of the secretary of family and |
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12 | 12 | | social services to: (1) issue guidance on the use of; and (2) determine |
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13 | 13 | | the reimbursement for; community violence prevention services. |
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14 | 14 | | Requires the Indiana department of health to approve at least one |
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15 | 15 | | accredited violence prevention professional training and certification |
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16 | 16 | | program that meets certain criteria. Sets forth the requirements for a |
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17 | 17 | | qualified violence prevention professional. |
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18 | 18 | | Effective: July 1, 2024. |
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19 | 19 | | Bauer M |
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20 | 20 | | January 8, 2024, read first time and referred to Committee on Public Health. |
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21 | 21 | | 2024 IN 1023—LS 6158/DI 147 Introduced |
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22 | 22 | | Second Regular Session of the 123rd General Assembly (2024) |
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23 | 23 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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24 | 24 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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25 | 25 | | additions will appear in this style type, and deletions will appear in this style type. |
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26 | 26 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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27 | 27 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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28 | 28 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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29 | 29 | | a new provision to the Indiana Code or the Indiana Constitution. |
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30 | 30 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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31 | 31 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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32 | 32 | | HOUSE BILL No. 1023 |
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33 | 33 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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34 | 34 | | human services. |
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35 | 35 | | Be it enacted by the General Assembly of the State of Indiana: |
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36 | 36 | | 1 SECTION 1. IC 12-7-2-40.3 IS ADDED TO THE INDIANA CODE |
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37 | 37 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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38 | 38 | | 3 1, 2024]: Sec. 40.3. "Community violence prevention services", for |
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39 | 39 | | 4 purposes of IC 12-15-5-22, has the meaning set forth in |
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40 | 40 | | 5 IC 12-15-5-22(a). |
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41 | 41 | | 6 SECTION 2. IC 12-15-5-22 IS ADDED TO THE INDIANA CODE |
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42 | 42 | | 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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43 | 43 | | 8 1, 2024]: Sec. 22. (a) As used in this section, "community violence |
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44 | 44 | | 9 prevention services" means evidence based, trauma informed, |
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45 | 45 | | 10 supportive, and nonpsychotherapeutic services provided by a |
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46 | 46 | | 11 qualified violence prevention professional (as defined in |
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47 | 47 | | 12 IC 16-46-18-5) to a victim of community violence (as defined in |
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48 | 48 | | 13 IC 16-46-18-2) for the purpose of improving health outcomes, |
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49 | 49 | | 14 promoting positive behavior change, preventing injury, and |
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50 | 50 | | 15 reducing the likelihood of violence of the victim. |
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51 | 51 | | 16 (b) The term may include the provision of the following services: |
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52 | 52 | | 17 (1) Peer support. |
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53 | 53 | | 2024 IN 1023—LS 6158/DI 147 2 |
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54 | 54 | | 1 (2) Counseling. |
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55 | 55 | | 2 (3) Mentorship. |
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56 | 56 | | 3 (4) Conflict mediation. |
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57 | 57 | | 4 (5) Crisis intervention. |
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58 | 58 | | 5 (6) Targeted case management. |
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59 | 59 | | 6 (7) Referrals to certified or licensed health care or social |
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60 | 60 | | 7 service providers. |
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61 | 61 | | 8 (8) Patient education. |
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62 | 62 | | 9 (9) Screening services. |
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63 | 63 | | 10 (c) As used in this section, "office" includes the following: |
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64 | 64 | | 11 (1) The office of the secretary of family and social services. |
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65 | 65 | | 12 (2) A managed care organization that has contracted with the |
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66 | 66 | | 13 office of Medicaid policy and planning under this article. |
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67 | 67 | | 14 (3) A person that has contracted with a managed care |
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68 | 68 | | 15 organization described in subdivision (2). |
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69 | 69 | | 16 (d) The office shall reimburse for eligible community violence |
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70 | 70 | | 17 prevention services provided by a qualified violence prevention |
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71 | 71 | | 18 professional (as defined in IC 16-46-18-5) to a Medicaid recipient |
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72 | 72 | | 19 who has: |
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73 | 73 | | 20 (1) received medical treatment for an injury sustained as a |
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74 | 74 | | 21 result of community violence (as defined in IC 16-46-18-2); |
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75 | 75 | | 22 (2) been determined by a certified or licensed health care or |
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76 | 76 | | 23 social services provider to be at an elevated risk of violent |
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77 | 77 | | 24 injury or retaliation; and |
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78 | 78 | | 25 (3) been referred by a provider described in subdivision (2) |
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79 | 79 | | 26 for community violence prevention services. |
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80 | 80 | | 27 (e) Before December 1, 2024, the office of the secretary shall |
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81 | 81 | | 28 apply to the United States Department of Health and Human |
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82 | 82 | | 29 Services for any state plan amendment or waiver necessary to |
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83 | 83 | | 30 implement this section. |
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84 | 84 | | 31 (f) After submitting a waiver or amendment described in |
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85 | 85 | | 32 subsection (e), the office of the secretary shall do the following: |
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86 | 86 | | 33 (1) Issue guidance on the use of community violence |
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87 | 87 | | 34 prevention services for eligible Medicaid recipients. |
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88 | 88 | | 35 (2) Determine the reimbursement for community violence |
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89 | 89 | | 36 prevention services and consider: |
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90 | 90 | | 37 (A) Medicaid outpatient reimbursement rates for the same |
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91 | 91 | | 38 or similar services; or |
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92 | 92 | | 39 (B) any other relevant data, as determined by the office of |
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93 | 93 | | 40 the secretary. |
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94 | 94 | | 41 (3) Consult with violence intervention organizations, local |
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95 | 95 | | 42 community based violence prevention programs, and hospital |
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96 | 96 | | 2024 IN 1023—LS 6158/DI 147 3 |
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97 | 97 | | 1 based violence prevention programs in developing the |
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98 | 98 | | 2 guidance described in subdivision (1) and determining the |
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99 | 99 | | 3 reimbursement described in subdivision (2). |
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100 | 100 | | 4 (g) The office of the secretary may adopt rules under IC 4-22-2 |
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101 | 101 | | 5 necessary to implement this section. |
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102 | 102 | | 6 SECTION 3. IC 16-18-2-23.5 IS ADDED TO THE INDIANA |
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103 | 103 | | 7 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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104 | 104 | | 8 [EFFECTIVE JULY 1, 2024]: Sec. 23.5. "Approved program", for |
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105 | 105 | | 9 purposes of IC 16-46-18, has the meaning set forth in |
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106 | 106 | | 10 IC 16-46-18-1. |
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107 | 107 | | 11 SECTION 4. IC 16-18-2-66.1 IS ADDED TO THE INDIANA |
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108 | 108 | | 12 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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109 | 109 | | 13 [EFFECTIVE JULY 1, 2024]: Sec. 66.1. "Community violence", for |
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110 | 110 | | 14 purposes of IC 16-46-18, has the meaning set forth in |
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111 | 111 | | 15 IC 16-46-18-2. |
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112 | 112 | | 16 SECTION 5. IC 16-18-2-66.2 IS ADDED TO THE INDIANA |
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113 | 113 | | 17 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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114 | 114 | | 18 [EFFECTIVE JULY 1, 2024]: Sec. 66.2. "Community violence |
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115 | 115 | | 19 prevention services", for purposes of IC 16-46-18, has the meaning |
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116 | 116 | | 20 set forth in IC 16-46-18-3. |
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117 | 117 | | 21 SECTION 6. IC 16-18-2-292.2 IS ADDED TO THE INDIANA |
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118 | 118 | | 22 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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119 | 119 | | 23 [EFFECTIVE JULY 1, 2024]: Sec. 292.2. "Prevention professional", |
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120 | 120 | | 24 for purposes of IC 16-46-18, has the meaning set forth in |
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121 | 121 | | 25 IC 16-46-18-4. |
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122 | 122 | | 26 SECTION 7. IC 16-18-2-302.7 IS ADDED TO THE INDIANA |
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123 | 123 | | 27 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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124 | 124 | | 28 [EFFECTIVE JULY 1, 2024]: Sec. 302.7. "Qualified violence |
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125 | 125 | | 29 prevention professional", for purposes of IC 16-46-18, has the |
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126 | 126 | | 30 meaning set forth in IC 16-46-18-5. |
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127 | 127 | | 31 SECTION 8. IC 16-46-18 IS ADDED TO THE INDIANA CODE |
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128 | 128 | | 32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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129 | 129 | | 33 JULY 1, 2024]: |
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130 | 130 | | 34 Chapter 18. Violence Prevention Professional Training Program |
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131 | 131 | | 35 Sec. 1. As used in this chapter, "approved program" refers to an |
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132 | 132 | | 36 accredited training and certification program: |
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133 | 133 | | 37 (1) for an individual to become a qualified violence prevention |
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134 | 134 | | 38 professional; and |
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135 | 135 | | 39 (2) that is approved by the state department under section 6 |
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136 | 136 | | 40 of this chapter. |
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137 | 137 | | 41 Sec. 2. As used in this chapter, "community violence" means an |
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138 | 138 | | 42 intentional act of force or power that is committed: |
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139 | 139 | | 2024 IN 1023—LS 6158/DI 147 4 |
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140 | 140 | | 1 (1) against an individual; |
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141 | 141 | | 2 (2) by another individual who is not related to or an intimate |
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142 | 142 | | 3 partner of the individual; and |
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143 | 143 | | 4 (3) in a public area. |
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144 | 144 | | 5 Sec. 3. (a) As used in this chapter, "community violence |
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145 | 145 | | 6 prevention services" means evidence based, trauma informed, |
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146 | 146 | | 7 supportive, and nonpsychotherapeutic services provided by a |
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147 | 147 | | 8 qualified violence prevention professional to a victim of community |
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148 | 148 | | 9 violence for the purpose of improving health outcomes, promoting |
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149 | 149 | | 10 positive behavior change, preventing injury, and reducing the |
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150 | 150 | | 11 likelihood of violence of the victim. |
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151 | 151 | | 12 (b) The term may include the provision of the following services: |
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152 | 152 | | 13 (1) Peer support. |
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153 | 153 | | 14 (2) Counseling. |
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154 | 154 | | 15 (3) Mentorship. |
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155 | 155 | | 16 (4) Conflict mediation. |
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156 | 156 | | 17 (5) Crisis intervention. |
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157 | 157 | | 18 (6) Targeted case management. |
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158 | 158 | | 19 (7) Referrals to certified or licensed health care or social |
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159 | 159 | | 20 service providers. |
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160 | 160 | | 21 (8) Patient education. |
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161 | 161 | | 22 (9) Screening services. |
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162 | 162 | | 23 Sec. 4. As used in this chapter, "prevention professional" means |
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163 | 163 | | 24 an individual who: |
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164 | 164 | | 25 (1) works in a program that is designed to: |
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165 | 165 | | 26 (A) address the specific needs of a patient, such as suicide |
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166 | 166 | | 27 prevention, violence prevention, alcohol avoidance, and |
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167 | 167 | | 28 tobacco prevention; and |
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168 | 168 | | 29 (B) reduce the patient's risk of injury, relapse, or reinjury; |
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169 | 169 | | 30 and |
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170 | 170 | | 31 (2) provides appropriate case management, medication, |
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171 | 171 | | 32 referral, or mentorship services to a patient; |
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172 | 172 | | 33 as defined in the health care provider taxonomy code set published |
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173 | 173 | | 34 by the National Uniform Claim Committee. |
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174 | 174 | | 35 Sec. 5. As used in this chapter, "qualified violence prevention |
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175 | 175 | | 36 professional" refers to a prevention professional who meets the |
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176 | 176 | | 37 requirements of section 7 of this chapter. |
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177 | 177 | | 38 Sec. 6. Not later than January 1, 2025, the state department |
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178 | 178 | | 39 shall approve at least one (1) accredited violence prevention |
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179 | 179 | | 40 professional training and certification program that includes at |
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180 | 180 | | 41 least the following: |
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181 | 181 | | 42 (1) Thirty-five (35) hours of initial training on: |
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182 | 182 | | 2024 IN 1023—LS 6158/DI 147 5 |
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183 | 183 | | 1 (A) the effects of trauma and violence; |
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184 | 184 | | 2 (B) the essential components of trauma informed care; |
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185 | 185 | | 3 (C) community violence prevention strategies, including |
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186 | 186 | | 4 conflict mediation and retaliation prevention related to |
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187 | 187 | | 5 community violence; |
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188 | 188 | | 6 (D) case management and advocacy practice; and |
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189 | 189 | | 7 (E) patient privacy and the federal Health Insurance |
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190 | 190 | | 8 Portability and Accountability Act (HIPAA). |
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191 | 191 | | 9 (2) Six (6) hours of continuing education training every two |
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192 | 192 | | 10 (2) years. |
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193 | 193 | | 11 Sec. 7. To be certified as a qualified violence prevention |
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194 | 194 | | 12 professional, a prevention professional shall complete: |
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195 | 195 | | 13 (1) the requirements of an approved program; and |
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196 | 196 | | 14 (2) at least six (6) hours of continuing education training every |
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197 | 197 | | 15 two (2) years after the date on which the prevention |
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198 | 198 | | 16 professional completed the initial training. |
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199 | 199 | | 17 Sec. 8. An individual may not use the title or designation |
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200 | 200 | | 18 "qualified violence prevention professional" to indicate or imply |
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201 | 201 | | 19 that the individual is a qualified violence prevention professional |
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202 | 202 | | 20 unless the individual is certified by an approved program. |
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203 | 203 | | 21 Sec. 9. An entity that employs or enters into a contract with a |
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204 | 204 | | 22 qualified violence prevention professional to provide community |
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205 | 205 | | 23 violence prevention services shall do the following: |
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206 | 206 | | 24 (1) Maintain documentation that a qualified violence |
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207 | 207 | | 25 prevention professional: |
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208 | 208 | | 26 (A) has obtained all certification requirements; and |
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209 | 209 | | 27 (B) meets continuing education requirements; |
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210 | 210 | | 28 described in section 7 of this chapter. |
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211 | 211 | | 29 (2) Ensure that a qualified violence prevention professional |
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212 | 212 | | 30 provides community violence prevention services in |
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213 | 213 | | 31 accordance with the applicable standard of care and any state |
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214 | 214 | | 32 or federal laws or regulations. |
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215 | 215 | | 33 Sec. 10. This chapter does not affect the scope of practice of a |
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216 | 216 | | 34 health care professional. |
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217 | 217 | | 35 Sec. 11. The state department may adopt rules under IC 4-22-2 |
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218 | 218 | | 36 to implement this chapter. |
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219 | 219 | | 2024 IN 1023—LS 6158/DI 147 |
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