*EH1067.2*
Reprinted
March 5, 2024
ENGROSSED
HOUSE BILL No. 1067
_____
DIGEST OF HB 1067 (Updated March 4, 2024 3:01 pm - DI 92)
Citations Affected: IC 12-9; IC 12-10; IC 12-11; noncode.
Synopsis: IDD task force and program oversight boards. Amends the
membership of and provisions concerning: (1) the Indiana state
commission on aging; and (2) the community and home options to
institutional care for the elderly and disabled board. Requires the
services for individuals with intellectual and other developmental
disabilities task force (task force) to establish, not later than May 1,
2024, a subcommittee to make recommendations to the task force
regarding the Medicaid buy-in program and benefit related barriers to
employment for individuals with intellectual and developmental
disabilities. Requires the subcommittee to prepare and submit
recommendations to the task force not later than October 1, 2024.
Changes the expiration date of the task force from December 31, 2025,
to December 31, 2024. Requires the division of disability and
rehabilitative services to provide quarterly updates to the division of
disability and rehabilitative services advisory council regarding the
implementation of recommendations made by the task force.
Effective: Upon passage; January 1, 2025.
Clere, Behning, Porter, Campbell
(SENATE SPONSORS — BOHACEK, BECKER, YODER, BREAUX)
January 8, 2024, read first time and referred to Committee on Public Health.
January 30, 2024, amended, reported — Do Pass.
February 1, 2024, read second time, ordered engrossed. Engrossed.
February 5, 2024, read third time, passed. Yeas 98, nays 0.
SENATE ACTION
February 12, 2024, read first time and referred to Committee on Health and Provider
Services.
February 29, 2024, reported favorably — Do Pass.
March 4, 2024, read second time, amended, ordered engrossed.
EH 1067—LS 6713/DI 147 Reprinted
March 5, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1067
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 12-9-5-3.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2025]: Sec. 3.5. (a) The division shall provide to the
4 division of disability and rehabilitative services advisory council
5 established by IC 12-9-4-2 quarterly updates regarding the
6 implementation of the recommendations made by the services for
7 individuals with intellectual and other developmental disabilities
8 task force under IC 12-11-15.5 (before its expiration).
9 (b) This section expires December 31, 2027.
10 SECTION 2. IC 12-10-2-3 IS AMENDED TO READ AS
11 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
12 commission consists of sixteen (16) members.
13 (b) Not more than eight (8) members may be from the same political
14 party. The members must be Indiana residents who are interested in the
15 problems of the aging and the aged.
16 (c) The governor shall appoint the members of the commission
17 using the following geographical distribution formula:
EH 1067—LS 6713/DI 147 2
1 (1) One (1) member from each congressional district.
2 (2) The balance of the members appointed at large. to ensure that
3 the commission includes members representing the area
4 agencies on aging as follows:
5 (1) Three (3) members from the region served by Area 1
6 through Area 5.
7 (2) Three (3) members from the region served by Area 6
8 through Area 9.
9 (3) Three (3) members from the region served by Area 10
10 through Area 16.
11 However, Not not more than two (2) residents of the same county may
12 be appointed as members of the commission.
13 (d) Beginning July 1, 2024, the commission must contain:
14 (1) the executive director of the Indiana housing and
15 community development authority or the executive director's
16 designee;
17 (2) at least one (1) member who is a:
18 (A) direct provider of; or
19 (B) service worker employed to provide;
20 services provided through the division;
21 (3) at least one (1) member who is:
22 (A) a recipient; or
23 (B) the caregiver of a recipient;
24 of services provided through the division; and
25 (4) one (1) citizen nominated by one (1) or more organizations
26 that:
27 (A) represent individuals with mental illness; and
28 (B) have statewide membership.
29 SECTION 3. IC 12-10-2-4 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to
31 subsection (c), the term of a member of the commission is four (4)
32 years. The term of a member filling a vacancy is for the remainder of
33 the unexpired term.
34 (b) The term of a member of the commission expires July 1, but a
35 member continues in office until a successor is appointed.
36 (c) A member of the commission serves at the will of the
37 governor. The governor may terminate the appointment of a member
38 of the commission by notifying the member, the chairman of the
39 commission, and the director.
40 SECTION 4. IC 12-10-11-2, AS AMENDED BY HEA 1026-2024,
41 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 2. (a) The board consists of the following
EH 1067—LS 6713/DI 147 3
1 fifteen (15) seventeen (17) members:
2 (1) The director of the division of aging or the director's designee.
3 (2) The chairman of the Indiana state commission on aging or the
4 chairman's designee.
5 (3) Three (3) citizens nominated by two (2) or more organizations
6 that:
7 (A) represent senior citizens; and
8 (B) have statewide membership.
9 At least one (1) member appointed under this subdivision
10 must be a recipient, or the caregiver of a recipient, of services
11 provided under IC 12-10-10.
12 (4) One (1) citizen nominated by one (1) or more organizations
13 that:
14 (A) represent individuals with disabilities, including
15 individuals who are less than eighteen (18) years of age; and
16 (B) have statewide membership.
17 (5) One (1) citizen nominated by one (1) or more organizations
18 that:
19 (A) represent individuals with mental illness; including
20 dementia; and
21 (B) have statewide membership.
22 (6) One (1) provider who provides services under IC 12-10-10.
23 (7) One (1) licensed physician, physician assistant, or registered
24 nurse who specializes either in the field of gerontology or in the
25 field of disabilities.
26 (8) Two (2) home care services advocates or policy specialists
27 nominated by two (2) or more:
28 (A) organizations;
29 (B) associations; or
30 (C) nongovernmental agencies;
31 that advocate on behalf of home care consumers, including an
32 organization listed in subdivision (3) that represents senior
33 citizens or persons with disabilities.
34 (9) Two (2) members of the senate, who may not be members of
35 the same political party, appointed by the president pro tempore
36 of the senate with the advice of the minority leader of the senate.
37 (10) Two (2) members of the house of representatives, who may
38 not be members of the same political party, appointed by the
39 speaker of the house of representatives with the advice of the
40 minority leader of the house of representatives.
41 (11) The executive director of the Indiana housing and
42 community development authority or the executive director's
EH 1067—LS 6713/DI 147 4
1 designee.
2 (12) One (1) citizen nominated by one (1) or more
3 organizations that:
4 (A) represent direct service workers; and
5 (B) have statewide membership.
6 The members of the board listed in subdivisions (9) and (10) are
7 nonvoting members who serve two (2) year terms ending June 30 of
8 each odd-numbered year. A legislative member serves at the pleasure
9 of the appointing authority and may be reappointed to successive terms.
10 A vacancy among the legislative members shall be filled by the
11 appropriate appointing authority. An individual appointed to fill a
12 vacancy serves for the unexpired term of the individual's predecessor.
13 (b) The members of the board designated by subsection (a)(3)
14 through (a)(8) and (a)(12) shall be appointed by the governor for terms
15 of four (4) years. The initial term of the member appointed under
16 subsection (a)(12) is three (3) years and the length of each
17 successive term is four (4) years. The term of a member of the board
18 expires as follows:
19 (1) For a member appointed under subsection (a)(3) through
20 (a)(5), June 30, 2025, and every fourth year thereafter.
21 (2) For a member appointed under subsection (a)(6) through
22 (a)(8) and (a)(12), June 30, 2027, and every fourth year
23 thereafter.
24 A member described in this subsection may be reappointed to
25 successive terms. However, a member may continue to serve until a
26 successor is appointed. In case of a vacancy, the governor shall appoint
27 an individual to serve for the remainder of the unexpired term.
28 (c) The division shall establish notice and selection procedures to
29 notify the public of the board's nomination process described in this
30 chapter. Information must be distributed through:
31 (1) the area agencies on aging; and
32 (2) all organizations, associations, and nongovernmental agencies
33 that work with the division on home care issues and programs.
34 SECTION 5. IC 12-11-15.5-4.8 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE UPON PASSAGE]: Sec. 4.8. (a) As used in this section,
37 "buy-in program" refers to the Medicaid buy-in program for
38 working individuals with disabilities established by IC 12-15-41-3.
39 (b) Not later than May 1, 2024, the task force shall establish a
40 subcommittee of task force members to make recommendations to
41 the task force regarding the following:
42 (1) Modifications to the buy-in program to eliminate barriers
EH 1067—LS 6713/DI 147 5
1 to employment and independence for individuals with
2 intellectual and developmental disabilities.
3 (2) Modifications to the buy-in program sliding scale of
4 premiums to increase workforce participation for individuals
5 participating in the buy-in program.
6 (3) How to reduce other public benefit related barriers to
7 employment and independence for individuals with
8 intellectual and developmental disabilities.
9 (c) Not later than October 1, 2024, the subcommittee shall
10 prepare and submit recommendations made by the subcommittee
11 to the task force.
12 SECTION 6. IC 12-11-15.5-6, AS ADDED BY P.L.262-2019,
13 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 UPON PASSAGE]: Sec. 6. This chapter expires December 31, 2025.
15 2024.
16 SECTION 7. [EFFECTIVE UPON PASSAGE] (a) Before May 1,
17 2024, the governor shall make the appointments to the Indiana
18 state commission on aging in accordance with IC 12-10-2-3(c), as
19 amended by this act.
20 (b) A member of the Indiana state commission on aging
21 appointed by the governor before March 1, 2024, under
22 IC 12-10-2-3(c) but who no longer meets the requirements for
23 appointment under IC 12-10-2-3(c), as amended by this act, shall
24 remain as a member of the commission until the earlier of the
25 following:
26 (1) The governor appoints a successor that meets the new
27 qualifications.
28 (2) April 30, 2024.
29 (c) This SECTION expires June 30, 2024.
30 SECTION 8. An emergency is declared for this act.
EH 1067—LS 6713/DI 147 6
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1067, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, between lines 9 and 10, begin a new paragraph and insert:
"SECTION 2. IC 12-10-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) The
commission consists of sixteen (16) members.
(b) Not more than eight (8) members may be from the same political
party. The members must be Indiana residents who are interested in the
problems of the aging and the aged.
(c) The governor shall appoint the members of the commission
using the following geographical distribution formula:
(1) One (1) member from each congressional district.
(2) The balance of the members appointed at large. to ensure that
the commission includes members representing the area
agencies on aging as follows:
(1) Three (3) members from the region served by Area 1
through Area 5.
(2) Three (3) members from the region served by Area 6
through Area 9.
(3) Three (3) members from the region served by Area 10
through Area 16.
However, Not more than two (2) residents of the same county may be
appointed as members of the commission.
(d) Beginning July 1, 2024, the commission must contain:
(1) the executive director of the Indiana housing and
community development authority or the executive director's
designee;
(2) at least one (1) member who is a:
(A) direct provider of; or
(B) service worker employed to provide;
services provided through the division;
(3) at least one (1) member who is:
(A) a recipient; or
(B) the caregiver of a recipient;
of services provided through the division; and
(4) one (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with mental illness; and
(B) have statewide membership.
EH 1067—LS 6713/DI 147 7
SECTION 3. IC 12-10-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 4. (a) Subject to
subsection (c), the term of a member of the commission is four (4)
years. The term of a member filling a vacancy is for the remainder of
the unexpired term.
(b) The term of a member of the commission expires July 1, but a
member continues in office until a successor is appointed.
(c) A member of the commission serves at the will of the
governor. The governor may terminate the appointment of a member
of the commission by notifying the member, the chairman of the
commission, and the director.
SECTION 4. IC 12-10-11-2, AS AMENDED BY P.L.32-2021,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The board consists of the following
fifteen (15) seventeen (17) members:
(1) The director of the division of aging or the director's designee.
(2) The chairman of the Indiana state commission on aging or the
chairman's designee.
(3) Three (3) citizens nominated by two (2) or more organizations
that:
(A) represent senior citizens; and
(B) have statewide membership.
At least one (1) of the members appointed under this
subdivision must be a recipient, or the caregiver of a
recipient, of services provided under IC 12-10-10.
(4) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with disabilities, including
individuals who are less than eighteen (18) years of age; and
(B) have statewide membership.
(5) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with mental illness; including
dementia; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, physician assistant, or registered
nurse who specializes either in the field of gerontology or in the
field of disabilities.
(8) Two (2) home care services advocates or policy specialists
nominated by two (2) or more:
(A) organizations;
EH 1067—LS 6713/DI 147 8
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an
organization listed in subdivision (3) that represents senior
citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(10) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(11) The executive director of the Indiana housing and
community development authority or the executive director's
designee.
(12) One (1) citizen nominated by one (1) or more
organizations that:
(A) represent direct service workers; and
(B) have statewide membership.
The members of the board listed in subdivisions (9) and (10) are
nonvoting members who serve two (2) year terms ending June 30 of
each odd-numbered year. The president pro tempore of the senate
or the speaker of the house of representatives shall fill vacancies
occurring among the legislative members of the board as
appropriate.
(b) The members of the board designated by subsection (a)(3)
through (a)(8) shall be appointed by the governor for terms of four (4)
years. The initial term of the member appointed under subsection
(a)(12) is three (3) years and the length of each successive term is
four (4) years. The term of a member of the board expires July 1. as
follows:
(1) For a member appointed under subsection (a)(3) through
(a)(5), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(6) through
(a)(8), June 30, 2027, and every fourth year thereafter.
(3) For the member appointed under subsection (a)(12), June
30, 2027, and every fourth year thereafter.
A member described in this subsection may be reappointed to
successive terms. However, a member may continue to serve until a
successor is appointed. In case of a vacancy, the governor shall appoint
an individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to
EH 1067—LS 6713/DI 147 9
notify the public of the board's nomination process described in this
chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental agencies
that work with the division on home care issues and programs.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1067 as introduced.)
BARRETT
Committee Vote: yeas 8, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1067, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1067 as printed January 30, 2024.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 11, Nays 0
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1067 be
amended to read as follows:
Page 2, line 11, strike "Not" and insert "not".
Page 2, delete lines 40 through 42.
Delete page 3.
Page 4, delete lines 1 through 33, begin a new paragraph and insert:
"SECTION 4. IC 12-10-11-2, AS AMENDED BY HEA 1026-2024,
SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The board consists of the following
fifteen (15) seventeen (17) members:
(1) The director of the division of aging or the director's designee.
EH 1067—LS 6713/DI 147 10
(2) The chairman of the Indiana state commission on aging or the
chairman's designee.
(3) Three (3) citizens nominated by two (2) or more organizations
that:
(A) represent senior citizens; and
(B) have statewide membership.
At least one (1) of the members appointed under this
subdivision must be a recipient, or the caregiver of a
recipient, of services provided under IC 12-10-10.
(4) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with disabilities, including
individuals who are less than eighteen (18) years of age; and
(B) have statewide membership.
(5) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with mental illness; including
dementia; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, physician assistant, or registered
nurse who specializes either in the field of gerontology or in the
field of disabilities.
(8) Two (2) home care services advocates or policy specialists
nominated by two (2) or more:
(A) organizations;
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an
organization listed in subdivision (3) that represents senior
citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(10) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(11) The executive director of the Indiana housing and
community development authority or the executive director's
designee.
(12) One (1) citizen nominated by one (1) or more
EH 1067—LS 6713/DI 147 11
organizations that:
(A) represent direct service workers; and
(B) have statewide membership.
The members of the board listed in subdivisions (9) and (10) are
nonvoting members who serve two (2) year terms ending June 30 of
each odd-numbered year. A legislative member serves at the pleasure
of the appointing authority and may be reappointed to successive terms.
A vacancy among the legislative members shall be filled by the
appropriate appointing authority. An individual appointed to fill a
vacancy serves for the unexpired term of the individual's predecessor.
(b) The members of the board designated by subsection (a)(3)
through (a)(8) and (a)(12) shall be appointed by the governor for terms
of four (4) years. The initial term of the member appointed under
subsection (a)(12) is three (3) years and the length of each
successive term is four (4) years. The term of a member of the board
expires as follows:
(1) For a member appointed under subsection (a)(3) through
(a)(5), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(6) through
(a)(8) and (a)(12), June 30, 2027, and every fourth year
thereafter.
A member described in this subsection may be reappointed to
successive terms. However, a member may continue to serve until a
successor is appointed. In case of a vacancy, the governor shall appoint
an individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to
notify the public of the board's nomination process described in this
chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental agencies
that work with the division on home care issues and programs.".
Page 5, between lines 15 and 16, begin a new paragraph and insert:
"SECTION 7. [EFFECTIVE UPON PASSAGE] (a) Before May 1,
2024, the governor shall make the appointments to the Indiana
state commission on aging in accordance with IC 12-10-2-3(c), as
amended by this act.
(b) A member of the Indiana state commission on aging
appointed by the governor before March 1, 2024, under
IC 12-10-2-3(c) but who no longer meets the requirements for
appointment under IC 12-10-2-3(c), as amended by this act, shall
remain as a member of the commission until the earlier of the
following:
EH 1067—LS 6713/DI 147 12
(1) The governor appoints a successor that meets the new
qualifications.
(2) April 30, 2024.
(c) This SECTION expires June 30, 2024.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1067 as printed March 1, 2024.)
BOHACEK
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1067 be
amended to read as follows:
Page 3, line 9, delete "of the members" and insert "member".
(Reference is to EHB 1067 as printed March 1, 2024.)
BROWN L
EH 1067—LS 6713/DI 147