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Indiana House Bill HB1216

Indiana 2024 Regular Session

Indiana House Bill HB1216 Compare Versions

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1+*EH1216.2*
2+March 1, 2024
3+ENGROSSED
4+HOUSE BILL No. 1216
5+_____
6+DIGEST OF HB 1216 (Updated February 29, 2024 12:42 pm - DI 120)
7+Citations Affected: IC 12-15; IC 12-26.
8+Synopsis: Medicaid reimbursement for certain detainees. Removes
9+provisions in current law specifying that services provided to an
10+individual while the individual is committed to a facility for mental
11+health services are medically necessary when provided in accordance
12+with generally accepted clinical care guidelines. Requires Medicaid
13+reimbursement for Medicaid covered services provided to a Medicaid
14+recipient while the individual is detained to a facility for mental health
15+services. Sunsets this provision on June 30, 2025. Requires, on or
16+before February 1, 2025, the office of the secretary of family and social
17+services to report to the budget committee certain information for
18+Medicaid claims data ranging from July 1, 2024, to December 31,
19+2024. Amends the requirements for an application for detention.
20+Effective: July 1, 2024.
21+Steuerwald, McNamara, Jeter,
22+Moseley
23+(SENATE SPONSORS — JOHNSON T, CHARBONNEAU, BROWN L)
24+January 9, 2024, read first time and referred to Committee on Public Health.
25+January 16, 2024, amended, reported — Do Pass.
26+January 18, 2024, read second time, ordered engrossed.
27+January 19, 2024, engrossed.
28+January 22, 2024, read third time, passed. Yeas 93, nays 0.
29+SENATE ACTION
30+February 5, 2024, read first time and referred to Committee on Health and Provider
31+Services.
32+February 15, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
33+Appropriations.
34+February 29, 2024, amended, reported favorably — Do Pass.
35+EH 1216—LS 6547/DI 147 March 1, 2024
136 Second Regular Session of the 123rd General Assembly (2024)
237 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
338 Constitution) is being amended, the text of the existing provision will appear in this style type,
439 additions will appear in this style type, and deletions will appear in this style type.
540 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
641 provision adopted), the text of the new provision will appear in this style type. Also, the
742 word NEW will appear in that style type in the introductory clause of each SECTION that adds
843 a new provision to the Indiana Code or the Indiana Constitution.
944 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1045 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1216
12-AN ACT to amend the Indiana Code concerning human services.
46+ENGROSSED
47+HOUSE BILL No. 1216
48+A BILL FOR AN ACT to amend the Indiana Code concerning
49+human services.
1350 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 12-15-5-13.5, AS ADDED BY P.L.205-2023,
51+1 SECTION 1. IC 12-15-5-13.5, AS ADDED BY P.L.205-2023,
52+2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53+3 JULY 1, 2024]: Sec. 13.5. (a) Services provided to an individual while
54+4 detained under IC 12-26-5 are medically necessary when provided in
55+5 accordance with generally accepted clinical care guidelines.
56+6 (b) The office shall require managed care organizations to consider
57+7 services provided to an individual while detained under IC 12-26-5 as
58+8 medically necessary when provided in accordance with generally
59+9 accepted clinical care guidelines. (a) As used in this section, "office"
60+10 includes the following:
61+11 (1) The office of the secretary of family and social services.
62+12 (2) A managed care organization that has contracted with the
63+13 office of Medicaid policy and planning under IC 12-15.
64+14 (3) A person that has contracted with a managed care
65+15 organization described in subdivision (2).
66+16 (b) The office shall reimburse for Medicaid covered services
67+17 provided to a Medicaid recipient while detained under IC 12-26-5,
68+EH 1216—LS 6547/DI 147 2
69+1 regardless of medical necessity criteria, for the earlier of:
70+2 (1) a period not to exceed fourteen (14) days, excluding
71+3 Saturdays, Sundays, and legal holidays; or
72+4 (2) the date of a final hearing under IC 12-26-5-11.
73+5 (c) The office shall reimburse for Medicaid covered services
74+6 provided to a Medicaid recipient in accordance with a mental
75+7 health or substance use disorder treatment plan while the
76+8 individual is detained under a final order after a final hearing
77+9 under IC 12-26-5-11, subject to medical necessity criteria
78+10 according to clinical care guidelines established and published by
79+11 the office of the secretary.
80+12 (d) On or before February 1, 2025, the office of the secretary of
81+13 family and social services shall report to the budget committee the
82+14 following information for Medicaid claims data ranging from July
83+15 1, 2024, to December 31, 2024:
84+16 (1) The total number of individuals who received Medicaid
85+17 services.
86+18 (2) The total amount of state and federal funding expended
87+19 for individuals who received Medicaid services.
88+20 (3) The ten (10) highest utilized treatments and services by
89+21 number of people and the total state and federal expenditures.
90+22 (4) Any other information requested by the budget committee.
91+23 (e) This section expires June 30, 2025.
92+24 SECTION 2. IC 12-26-5-1, AS AMENDED BY P.L.205-2023,
93+25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
94+26 JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided in this
95+27 chapter, an individual may be detained in a facility for not more than
96+28 seventy-two (72) hours under this chapter, excluding Saturdays,
97+29 Sundays, and legal holidays, if a written application for detention is
98+30 filed with a court of competent jurisdiction in accordance with this
99+31 section.
100+32 (b) An individual may be detained in a facility for not more than
101+33 forty-eight (48) hours from the time of admission, excluding Saturdays,
102+34 Sundays, and legal holidays, unless the facility files an application for
103+35 detention, on a form prepared by the office of judicial administration,
104+36 with a court of competent jurisdiction within the forty-eight (48) hour
105+37 period. If the facility timely files an application for detention, the
106+38 individual may be detained for not more than seventy-two (72) hours
107+39 from the time of admission, excluding Saturdays, Sundays, and legal
108+40 holidays, unless the court approves the application for detention. If the
109+41 court approves the application for detention, the individual may be held
110+42 for not more than fourteen (14) days, from the time of admission,
111+EH 1216—LS 6547/DI 147 3
112+1 excluding Saturdays, Sundays, and legal holidays, pending a final
113+2 hearing under section 11 of this chapter. If a patient is admitted to a
114+3 facility after midnight and before 8:00 a.m., the time periods described
115+4 in this subsection begin to run at 8:00 a.m.
116+5 (c) An application for detention under subsection (b) must contain
117+6 an attestation signed by a physician that the individual has been
118+7 examined by a physician, an advanced practice registered nurse, or a
119+8 physician assistant, and that based on this examination, or based on
120+9 other information provided to the physician, advanced practice
121+10 registered nurse, or physician assistant, the applicant believes that there
122+11 is probable cause to believe that:
123+12 (1) the individual is mentally ill and either dangerous or gravely
124+13 disabled; and
125+14 (2) the individual requires continuing involuntary detention to
126+15 receive care and treatment;
127+16 based on an examination by a physician, advanced practice
128+17 registered nurse, or physician assistant, or information given to a
129+18 physician, advanced practice registered nurse, or physician
130+19 assistant.
131+20 (d) A facility may not be required to first seek transfer of the
132+21 individual to a psychiatric hospital before commencing an application
133+22 for detention.
134+23 (e) A facility may commence an application for detention even if an
135+24 individual was not apprehended and transported to a facility under
136+25 section 0.5 of this chapter.
137+EH 1216—LS 6547/DI 147 4
138+COMMITTEE REPORT
139+Mr. Speaker: Your Committee on Public Health, to which was
140+referred House Bill 1216, has had the same under consideration and
141+begs leave to report the same back to the House with the
142+recommendation that said bill be amended as follows:
143+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
144+"SECTION 1. IC 12-15-5-13.5, AS ADDED BY P.L.205-2023,
15145 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2024]: Sec. 13.5. (a) Services provided to an individual while
17-detained under IC 12-26-5 are medically necessary when provided in
18-accordance with generally accepted clinical care guidelines.
146+UPON PASSAGE]: Sec. 13.5. (a) Services provided to an individual
147+while detained under IC 12-26-5 are medically necessary when
148+provided in accordance with generally accepted clinical care
149+guidelines.
19150 (b) The office shall require managed care organizations to consider
20151 services provided to an individual while detained under IC 12-26-5 as
21152 medically necessary when provided in accordance with generally
22153 accepted clinical care guidelines. (a) As used in this section, "office"
23154 includes the following:
24155 (1) The office of the secretary of family and social services.
25156 (2) A managed care organization that has contracted with the
26157 office of Medicaid policy and planning under IC 12-15.
27158 (3) A person that has contracted with a managed care
28159 organization described in subdivision (2).
29-(b) The office shall reimburse for Medicaid covered services
160+(b) The office shall reimburse for services required to be
161+covered by the office of the secretary provided to an eligible
162+individual while detained under IC 12-26-5, regardless of medical
163+necessity criteria, for a period not to exceed fourteen (14) days,
164+excluding Saturdays, Sundays, and legal holidays, or the date of a
165+final hearing under IC 12-26-5-11, whichever occurs first.
166+(c) The office shall reimburse for services required to be
167+covered by the office of the secretary provided to an eligible
168+individual in accordance with a mental health or substance use
169+disorder treatment plan while the individual is detained pursuant
170+to a final order issued under IC 12-26-5-11, subject to medical
171+necessity criteria according to clinical care guidelines established
172+and published by the office of the secretary.".
173+Page 2, delete lines 1 through 12.
174+and when so amended that said bill do pass.
175+(Reference is to HB 1216 as introduced.)
176+BARRETT
177+EH 1216—LS 6547/DI 147 5
178+Committee Vote: yeas 11, nays 0.
179+_____
180+COMMITTEE REPORT
181+Madam President: The Senate Committee on Health and Provider
182+Services, to which was referred House Bill No. 1216, has had the same
183+under consideration and begs leave to report the same back to the
184+Senate with the recommendation that said bill be AMENDED as
185+follows:
186+Page 1, delete line 17, begin a new paragraph and insert:
187+"(b) The office shall reimburse for Medicaid covered services
30188 provided to a Medicaid recipient while detained under IC 12-26-5,
31189 regardless of medical necessity criteria, for the earlier of:
32190 (1) a period not to exceed fourteen (14) days, excluding
33191 Saturdays, Sundays, and legal holidays; or
34192 (2) the date of a final hearing under IC 12-26-5-11.
35193 (c) The office shall reimburse for Medicaid covered services
36-HEA 1216 — Concur 2
37194 provided to a Medicaid recipient in accordance with a mental
38195 health or substance use disorder treatment plan while the
39196 individual is detained under a final order after a final hearing
40197 under IC 12-26-5-11, subject to medical necessity criteria
41198 according to clinical care guidelines established and published by
42-the office of the secretary.
43-(d) On or before February 1, 2025, the office of the secretary of
44-family and social services shall report to the budget committee the
45-following information for Medicaid claims data ranging from July
46-1, 2024, to December 31, 2024:
199+the office of the secretary.".
200+Page 2, delete lines 1 through 12.
201+and when so amended that said bill do pass and be reassigned to the
202+Senate Committee on Appropriations.
203+(Reference is to HB 1216 as printed January 16, 2024.)
204+CHARBONNEAU, Chairperson
205+Committee Vote: Yeas 10, Nays 0.
206+_____
207+COMMITTEE REPORT
208+Madam President: The Senate Committee on Appropriations, to
209+which was referred Engrossed House Bill No. 1216, has had the same
210+under consideration and begs leave to report the same back to the
211+Senate with the recommendation that said bill be AMENDED as
212+EH 1216—LS 6547/DI 147 6
213+follows:
214+Replace the effective dates in SECTIONS 1 through 2 with
215+"[EFFECTIVE JULY 1, 2024]".
216+Page 2, between lines 12 and 13, begin a new paragraph and insert:
217+"(d) On or before February 1, 2025, the office of the secretary
218+of family and social services shall report to the budget committee
219+the following information for Medicaid claims data ranging from
220+July 1, 2024, to December 31, 2024:
47221 (1) The total number of individuals who received Medicaid
48222 services.
49223 (2) The total amount of state and federal funding expended
50224 for individuals who received Medicaid services.
51225 (3) The ten (10) highest utilized treatments and services by
52226 number of people and the total state and federal expenditures.
53227 (4) Any other information requested by the budget committee.
54- (e) This section expires June 30, 2025.
55-SECTION 2. IC 12-26-5-1, AS AMENDED BY P.L.205-2023,
56-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
57-JULY 1, 2024]: Sec. 1. (a) Except as otherwise provided in this
58-chapter, an individual may be detained in a facility for not more than
59-seventy-two (72) hours under this chapter, excluding Saturdays,
60-Sundays, and legal holidays, if a written application for detention is
61-filed with a court of competent jurisdiction in accordance with this
62-section.
63-(b) An individual may be detained in a facility for not more than
64-forty-eight (48) hours from the time of admission, excluding Saturdays,
65-Sundays, and legal holidays, unless the facility files an application for
66-detention, on a form prepared by the office of judicial administration,
67-with a court of competent jurisdiction within the forty-eight (48) hour
68-period. If the facility timely files an application for detention, the
69-individual may be detained for not more than seventy-two (72) hours
70-from the time of admission, excluding Saturdays, Sundays, and legal
71-holidays, unless the court approves the application for detention. If the
72-court approves the application for detention, the individual may be held
73-for not more than fourteen (14) days, from the time of admission,
74-excluding Saturdays, Sundays, and legal holidays, pending a final
75-hearing under section 11 of this chapter. If a patient is admitted to a
76-facility after midnight and before 8:00 a.m., the time periods described
77-in this subsection begin to run at 8:00 a.m.
78-(c) An application for detention under subsection (b) must contain
79-HEA 1216 — Concur 3
80-an attestation signed by a physician that the individual has been
81-examined by a physician, an advanced practice registered nurse, or a
82-physician assistant, and that based on this examination, or based on
83-other information provided to the physician, advanced practice
84-registered nurse, or physician assistant, the applicant believes that there
85-is probable cause to believe that:
86-(1) the individual is mentally ill and either dangerous or gravely
87-disabled; and
88-(2) the individual requires continuing involuntary detention to
89-receive care and treatment;
90-based on an examination by a physician, advanced practice
91-registered nurse, or physician assistant, or information given to a
92-physician, advanced practice registered nurse, or physician
93-assistant.
94-(d) A facility may not be required to first seek transfer of the
95-individual to a psychiatric hospital before commencing an application
96-for detention.
97-(e) A facility may commence an application for detention even if an
98-individual was not apprehended and transported to a facility under
99-section 0.5 of this chapter.
100-HEA 1216 — Concur Speaker of the House of Representatives
101-President of the Senate
102-President Pro Tempore
103-Governor of the State of Indiana
104-Date: Time:
105-HEA 1216 — Concur
228+ (e) This section expires June 30, 2025.".
229+Page 3, delete line 15.
230+and when so amended that said bill do pass.
231+(Reference is to EHB 1216 as printed February 16, 2024.)
232+MISHLER, Chairperson
233+Committee Vote: Yeas 14, Nays 0.
234+EH 1216—LS 6547/DI 147