Indiana 2024 Regular Session

Indiana House Bill HB1389 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1389
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-15-1-16.
7	7	Synopsis: School based health services and report. Requires the office
8	8	of the secretary of family and social services (office) to submit a
9	9	Medicaid state plan amendment to the United States Department of
10	10	Health and Human Services to allow school corporations to seek
11	11	Medicaid reimbursement for medically necessary school based
12	12	Medicaid covered services (program). (Current law allows for the state
13	13	plan amendment.) Sets forth requirements of the state plan amendment
14	14	and program. Specifies how school corporations can expend the funds.
15	15	Requires the office and the department of education (department) to
16	16	each employ one employee for the program and to train school
17	17	corporations concerning the program. Requires the department to
18	18	conduct a study concerning workload levels for school based health
19	19	providers who are licensed occupational therapists and licensed
20	20	physical therapists. Specifies components to consider in determining
21	21	a methodology and requirements of the study. Requires the department
22	22	to submit a report of the study to the legislative council before
23	23	November 1, 2024, and to post the report on the department's website.
24	24	Effective: Upon passage; July 1, 2024.
25	25	Garcia Wilburn
26	26	January 11, 2024, read first time and referred to Committee on Public Health.
27	27	2024 IN 1389—LS 6717/DI 104 Introduced
28	28	Second Regular Session of the 123rd General Assembly (2024)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2023 Regular Session of the General Assembly.
38	38	HOUSE BILL No. 1389
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	health.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 12-15-1-16, AS AMENDED BY P.L.35-2022,
43	43	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	3 JULY 1, 2024]: Sec. 16. (a) Each:
45	45	4 (1) school corporation; or
46	46	5 (2) school corporation's employed, licensed, or qualified provider;
47	47	6 must enroll in a program to use federal funds under the Medicaid
48	48	7 program (IC 12-15-1 et seq.) with the intent to share the costs of
49	49	8 services that are reimbursable under the Medicaid program and that are
50	50	9 provided to eligible children by the school corporation. However, a
51	51	10 school corporation or a school corporation's employed, licensed, or
52	52	11 qualified provider is not required to file any claims or participate in the
53	53	12 program developed under this section.
54	54	13 (b) The secretary and the department of education may develop
55	55	14 policies and adopt rules to administer the program developed under this
56	56	15 section.
57	57	16 (c) The federal reimbursement for services provided under this
58	58	17 section must be distributed to the school corporation. The state shall
59	59	2024 IN 1389—LS 6717/DI 104 2
60	60	1 retain the nonfederal share of the reimbursement for Medicaid services
61	61	2 provided under this section.
62	62	3 (d) The office of Medicaid policy and planning, with the approval
63	63	4 of the budget agency and after consultation with the department of
64	64	5 education, shall establish procedures for the timely distribution of
65	65	6 federal reimbursement due to the school corporations. The distribution
66	66	7 procedures may provide for offsetting reductions to distributions of
67	67	8 state tuition support or other state funds to school corporations in the
68	68	9 amount of the nonfederal reimbursements required to be retained by the
69	69	10 state under subsection (c).
70	70	11 (e) The office may shall apply to the United States Department of
71	71	12 Health and Human Services for a state plan amendment to allow school
72	72	13 corporations to seek Medicaid reimbursement for medically necessary,
73	73	14 school based Medicaid covered services. that are provided under
74	74	15 federal or state mandates. If the state plan amendment is approved and
75	75	16 implemented, services may must be provided by a qualified provider
76	76	17 in a school setting to Medicaid enrolled students. Subject to subsection
77	77	18 (f), the services may be pursuant to any of the following:
78	78	19 (1) An individualized education program (as defined in
79	79	20 IC 20-18-2-9).
80	80	21 (2) A plan developed under Section 504 of the federal
81	81	22 Rehabilitation Act, 29 U.S.C. 794.
82	82	23 (3) A behavioral intervention plan (as defined in IC 20-20-40-1).
83	83	24 (4) A service plan developed under 511 IAC 7-34.
84	84	25 (5) An individualized health care plan.
85	85	26 (6) Early and periodic screening, diagnostic, and treatment
86	86	27 (EPSDT) services.
87	87	28 (7) Any other medically necessary covered health services.
88	88	29 The office may, shall, in consultation with the department of education
89	89	30 and national professional associations for school based health
90	90	31 services providers, develop any necessary state plan amendment under
91	91	32 this subsection. The office may shall apply for any state plan
92	92	33 amendment necessary to implement this subsection.
93	93	34 (f) Services under subsection (e) may not include the following:
94	94	35 (1) An abortion.
95	95	36 (2) Counseling for abortion procedures.
96	96	37 (3) Referrals for abortion services.
97	97	38 (4) Abortifacients.
98	98	39 (5) Contraceptives.
99	99	40 (g) If the state plan amendment described in subsection (e) is
100	100	41 approved and implemented, the medically necessary, school based
101	101	42 Medicaid covered services described in subsection (e):
102	102	2024 IN 1389—LS 6717/DI 104 3
103	103	1 (1) may only be performed by a qualified provider;
104	104	2 (2) must be within the qualified provider's scope of practice; and
105	105	3 (3) must be provided in accordance with this article and
106	106	4 administrative rules concerning the Medicaid program.
107	107	5 (h) The office shall do the following, in accordance with the
108	108	6 Centers for Medicare and Medicaid Services Medicaid guidance
109	109	7 titled Delivering Services in School-Based Settings:
110	110	8 (1) Develop and implement a school based services specific fee
111	111	9 schedule.
112	112	10 (2) Use certified public expenditures.
113	113	11 (i) The office and the department of education shall each employ
114	114	12 at least one (1) full-time employee with the primary responsibility
115	115	13 of assisting with the implementation of Medicaid school based
116	116	14 services.
117	117	15 (j) A school corporation must use the funds received in
118	118	16 providing school based services under this section in a manner to
119	119	17 support school based health programs and services.
120	120	18 (k) The office, in collaboration with the department of education
121	121	19 shall provide regular training and technical assistance on the
122	122	20 following to school corporation staff in the implementation of this
123	123	21 chapter:
124	124	22 (1) Medicaid enrollment.
125	125	23 (2) Medicaid claims processing.
126	126	24 (3) Medicaid record keeping.
127	127	25 (4) Compliance and quality assurance.
128	128	26 SECTION 2. [EFFECTIVE UPON PASSAGE] (a) As used in this
129	129	27 SECTION, "school based health provider" refers to a provider
130	130	28 who is any of the following:
131	131	29 (1) An occupational therapist licensed under IC 25-23.5.
132	132	30 (2) A physical therapist licensed under IC 25-27.
133	133	31 (b) The department of education shall study the appropriate
134	134	32 number of students on a workload for a school based health
135	135	33 provider. As part of the study, the department shall identify the
136	136	34 best methodology for determining the appropriate number of
137	137	35 students on a workload for a school based health provider and
138	138	36 shall consider at least the following concerning the methodology:
139	139	37 (1) The number of students eligible for services provided by
140	140	38 a school based health provider.
141	141	39 (2) The level of need of the students eligible for services
142	142	40 provided by a school based health provider.
143	143	41 (3) The recommended frequency of visits for students eligible
144	144	42 for services provided by a school based health provider.
145	145	2024 IN 1389—LS 6717/DI 104 4
146	146	1 (4) The number of schools served by a school based health
147	147	2 provider.
148	148	3 (5) The amount of time spent by the school based health
149	149	4 provider documenting for an individualized education
150	150	5 program (as defined in IC 20-18-2-9).
151	151	6 (6) Any other workload metrics for each profession of a school
152	152	7 based health provider.
153	153	8 (c) In conducting the study required by subsection (b), the
154	154	9 department shall do the following:
155	155	10 (1) Examine workload metrics for each profession of a school
156	156	11 based health provider.
157	157	12 (2) Develop or recommend the adoption of a workload metric
158	158	13 for each profession of a school based health provider.
159	159	14 (3) Consult with state and national professional associations
160	160	15 of occupational therapy and physical therapy.
161	161	16 (d) Before November 1, 2024, the department shall:
162	162	17 (1) submit a report to the legislative council in an electronic
163	163	18 format under IC 5-14-6; and
164	164	19 (2) post a copy of the report on the department's website.
165	165	20 (e) This SECTION expires December 31, 2025.
166	166	21 SECTION 3. An emergency is declared for this act.
167	167	2024 IN 1389—LS 6717/DI 104