*EH1216.2*
March 1, 2024
ENGROSSED
HOUSE BILL No. 1216
_____
DIGEST OF HB 1216 (Updated February 29, 2024 12:42 pm - DI 120)
Citations Affected: IC 12-15; IC 12-26.
Synopsis: Medicaid reimbursement for certain detainees. Removes
provisions in current law specifying that services provided to an
individual while the individual is committed to a facility for mental
health services are medically necessary when provided in accordance
with generally accepted clinical care guidelines. Requires Medicaid
reimbursement for Medicaid covered services provided to a Medicaid
recipient while the individual is detained to a facility for mental health
services. Sunsets this provision on June 30, 2025. Requires, on or
before February 1, 2025, the office of the secretary of family and social
services to report to the budget committee certain information for
Medicaid claims data ranging from July 1, 2024, to December 31,
2024. Amends the requirements for an application for detention.
Effective: July 1, 2024.
Steuerwald, McNamara, Jeter,
Moseley
(SENATE SPONSORS — JOHNSON T, CHARBONNEAU, BROWN L)
January 9, 2024, read first time and referred to Committee on Public Health.
January 16, 2024, amended, reported — Do Pass.
January 18, 2024, read second time, ordered engrossed.
January 19, 2024, engrossed.
January 22, 2024, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Health and Provider
Services.
February 15, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
February 29, 2024, amended, reported favorably — Do Pass.
EH 1216—LS 6547/DI 147 March 1, 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. 1216
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 12-15-5-13.5, AS ADDED BY P.L.205-2023,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 13.5. (a) Services provided to an individual while
4 detained under IC 12-26-5 are medically necessary when provided in
5 accordance with generally accepted clinical care guidelines.
6 (b) The office shall require managed care organizations to consider
7 services provided to an individual while detained under IC 12-26-5 as
8 medically necessary when provided in accordance with generally
9 accepted clinical care guidelines. (a) As used in this section, "office"
10 includes the following:
11 (1) The office of the secretary of family and social services.
12 (2) A managed care organization that has contracted with the
13 office of Medicaid policy and planning under IC 12-15.
14 (3) A person that has contracted with a managed care
15 organization described in subdivision (2).
16 (b) The office shall reimburse for Medicaid covered services
17 provided to a Medicaid recipient while detained under IC 12-26-5,
EH 1216—LS 6547/DI 147 2
1 regardless of medical necessity criteria, for the earlier of:
2 (1) a period not to exceed fourteen (14) days, excluding
3 Saturdays, Sundays, and legal holidays; or
4 (2) the date of a final hearing under IC 12-26-5-11.
5 (c) The office shall reimburse for Medicaid covered services
6 provided to a Medicaid recipient in accordance with a mental
7 health or substance use disorder treatment plan while the
8 individual is detained under a final order after a final hearing
9 under IC 12-26-5-11, subject to medical necessity criteria
10 according to clinical care guidelines established and published by
11 the office of the secretary.
12 (d) On or before February 1, 2025, the office of the secretary of
13 family and social services shall report to the budget committee the
14 following information for Medicaid claims data ranging from July
15 1, 2024, to December 31, 2024:
16 (1) The total number of individuals who received Medicaid
17 services.
18 (2) The total amount of state and federal funding expended
19 for individuals who received Medicaid services.
20 (3) The ten (10) highest utilized treatments and services by
21 number of people and the total state and federal expenditures.
22 (4) Any other information requested by the budget committee.
23 (e) This section expires June 30, 2025.
24 SECTION 2. IC 12-26-5-1, AS AMENDED BY P.L.205-2023,
25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided in this
27 chapter, an individual may be detained in a facility for not more than
28 seventy-two (72) hours under this chapter, excluding Saturdays,
29 Sundays, and legal holidays, if a written application for detention is
30 filed with a court of competent jurisdiction in accordance with this
31 section.
32 (b) An individual may be detained in a facility for not more than
33 forty-eight (48) hours from the time of admission, excluding Saturdays,
34 Sundays, and legal holidays, unless the facility files an application for
35 detention, on a form prepared by the office of judicial administration,
36 with a court of competent jurisdiction within the forty-eight (48) hour
37 period. If the facility timely files an application for detention, the
38 individual may be detained for not more than seventy-two (72) hours
39 from the time of admission, excluding Saturdays, Sundays, and legal
40 holidays, unless the court approves the application for detention. If the
41 court approves the application for detention, the individual may be held
42 for not more than fourteen (14) days, from the time of admission,
EH 1216—LS 6547/DI 147 3
1 excluding Saturdays, Sundays, and legal holidays, pending a final
2 hearing under section 11 of this chapter. If a patient is admitted to a
3 facility after midnight and before 8:00 a.m., the time periods described
4 in this subsection begin to run at 8:00 a.m.
5 (c) An application for detention under subsection (b) must contain
6 an attestation signed by a physician that the individual has been
7 examined by a physician, an advanced practice registered nurse, or a
8 physician assistant, and that based on this examination, or based on
9 other information provided to the physician, advanced practice
10 registered nurse, or physician assistant, the applicant believes that there
11 is probable cause to believe that:
12 (1) the individual is mentally ill and either dangerous or gravely
13 disabled; and
14 (2) the individual requires continuing involuntary detention to
15 receive care and treatment;
16 based on an examination by a physician, advanced practice
17 registered nurse, or physician assistant, or information given to a
18 physician, advanced practice registered nurse, or physician
19 assistant.
20 (d) A facility may not be required to first seek transfer of the
21 individual to a psychiatric hospital before commencing an application
22 for detention.
23 (e) A facility may commence an application for detention even if an
24 individual was not apprehended and transported to a facility under
25 section 0.5 of this chapter.
EH 1216—LS 6547/DI 147 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1216, 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, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 12-15-5-13.5, AS ADDED BY P.L.205-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 13.5. (a) Services provided to an individual
while detained under IC 12-26-5 are medically necessary when
provided in accordance with generally accepted clinical care
guidelines.
(b) The office shall require managed care organizations to consider
services provided to an individual while detained under IC 12-26-5 as
medically necessary when provided in accordance with generally
accepted clinical care guidelines. (a) As used in this section, "office"
includes the following:
(1) The office of the secretary of family and social services.
(2) A managed care organization that has contracted with the
office of Medicaid policy and planning under IC 12-15.
(3) A person that has contracted with a managed care
organization described in subdivision (2).
(b) The office shall reimburse for services required to be
covered by the office of the secretary provided to an eligible
individual while detained under IC 12-26-5, regardless of medical
necessity criteria, for a period not to exceed fourteen (14) days,
excluding Saturdays, Sundays, and legal holidays, or the date of a
final hearing under IC 12-26-5-11, whichever occurs first.
(c) The office shall reimburse for services required to be
covered by the office of the secretary provided to an eligible
individual in accordance with a mental health or substance use
disorder treatment plan while the individual is detained pursuant
to a final order issued under IC 12-26-5-11, subject to medical
necessity criteria according to clinical care guidelines established
and published by the office of the secretary.".
Page 2, delete lines 1 through 12.
and when so amended that said bill do pass.
(Reference is to HB 1216 as introduced.)
BARRETT
EH 1216—LS 6547/DI 147 5
Committee Vote: yeas 11, nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1216, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete line 17, begin a new paragraph and insert:
"(b) The office shall reimburse for Medicaid covered services
provided to a Medicaid recipient while detained under IC 12-26-5,
regardless of medical necessity criteria, for the earlier of:
(1) a period not to exceed fourteen (14) days, excluding
Saturdays, Sundays, and legal holidays; or
(2) the date of a final hearing under IC 12-26-5-11.
(c) The office shall reimburse for Medicaid covered services
provided to a Medicaid recipient in accordance with a mental
health or substance use disorder treatment plan while the
individual is detained under a final order after a final hearing
under IC 12-26-5-11, subject to medical necessity criteria
according to clinical care guidelines established and published by
the office of the secretary.".
Page 2, delete lines 1 through 12.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1216 as printed January 16, 2024.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Engrossed House Bill No. 1216, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
EH 1216—LS 6547/DI 147 6
follows:
Replace the effective dates in SECTIONS 1 through 2 with
"[EFFECTIVE JULY 1, 2024]".
Page 2, between lines 12 and 13, begin a new paragraph and insert:
"(d) On or before February 1, 2025, the office of the secretary
of family and social services shall report to the budget committee
the following information for Medicaid claims data ranging from
July 1, 2024, to December 31, 2024:
(1) The total number of individuals who received Medicaid
services.
(2) The total amount of state and federal funding expended
for individuals who received Medicaid services.
(3) The ten (10) highest utilized treatments and services by
number of people and the total state and federal expenditures.
(4) Any other information requested by the budget committee.
(e) This section expires June 30, 2025.".
Page 3, delete line 15.
and when so amended that said bill do pass.
(Reference is to EHB 1216 as printed February 16, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 14, Nays 0.
EH 1216—LS 6547/DI 147