Indiana 2025 Regular Session

Indiana House Bill HB1211 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. 1211
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-10-17.1-10; IC 16-25-6; IC 16-27-2.
7	7	Synopsis: Prevention of elder abuse. Precludes certain individuals
8	8	who have been convicted of a battery offense or neglect of a dependent
9	9	from providing certain types of in-home care for compensation.
10	10	Effective: July 1, 2025.
11	11	Lauer
12	12	January 8, 2025, read first time and referred to Committee on Public Health.
13	13	2025 IN 1211—LS 7025/DI 148 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1211
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	health.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 12-10-17.1-10, AS ADDED BY P.L.141-2006,
29	29	2 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30	30	3 JULY 1, 2025]: Sec. 10. (a) An individual may not provide attendant
31	31	4 care services for compensation from Medicaid or the community and
32	32	5 home options to institutional care for the elderly and disabled program
33	33	6 for an individual in need of self-directed in-home care services unless
34	34	7 the individual is registered under section 12 of this chapter.
35	35	8 (b) An individual who is a legally responsible relative of an
36	36	9 individual in need of self-directed in-home care, including a parent of
37	37	10 a minor individual and a spouse, is precluded from providing attendant
38	38	11 care services for compensation under this chapter.
39	39	12 (c) An individual who has been convicted of a battery offense
40	40	13 under IC 35-42-2 or neglect of a dependent under IC 35-46-1-4 is
41	41	14 precluded from providing attendant care services for
42	42	15 compensation under this chapter.
43	43	16 SECTION 2. IC 16-25-6-1, AS AMENDED BY P.L.214-2013,
44	44	17 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	2025 IN 1211—LS 7025/DI 148 2
46	46	1 JULY 1, 2025]: Sec. 1. (a) A person may not own or operate a hospice
47	47	2 program if the person has:
48	48	3 (1) been convicted of rape (IC 35-42-4-1);
49	49	4 (2) been convicted of criminal deviate conduct (IC 35-42-4-2)
50	50	5 (repealed);
51	51	6 (3) been convicted of exploitation of a dependent or an
52	52	7 endangered adult (IC 35-46-1-12);
53	53	8 (4) had a judgment entered against the person for failure to report
54	54	9 battery, neglect, or exploitation of an endangered adult (IC
55	55	10 35-46-1-13); or
56	56	11 (5) been convicted of theft (IC 35-43-4), if the person's conviction
57	57	12 for theft occurred less than ten (10) years before the date of
58	58	13 submission by the person of an application for licensure or
59	59	14 approval as a hospice program under IC 16-25-3;
60	60	15 (6) been convicted of a battery offense under IC 35-42-2; or
61	61	16 (7) been convicted of neglect of a dependent under
62	62	17 IC 35-46-1-4.
63	63	18 (b) A person who knowingly or intentionally violates this section
64	64	19 commits a Class A misdemeanor.
65	65	20 SECTION 3. IC 16-25-6-3, AS AMENDED BY P.L.214-2013,
66	66	21 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67	67	22 JULY 1, 2025]: Sec. 3. (a) Except as provided in subsection (b), a
68	68	23 person who owns or operates a hospice program may not employ an
69	69	24 individual or allow a volunteer to provide hospice services if that
70	70	25 individual's or volunteer's limited criminal history indicates that the
71	71	26 individual or volunteer has:
72	72	27 (1) been convicted of rape (IC 35-42-4-1);
73	73	28 (2) been convicted of criminal deviate conduct (IC 35-42-4-2)
74	74	29 (repealed);
75	75	30 (3) been convicted of exploitation of an endangered adult (IC
76	76	31 35-46-1-12);
77	77	32 (4) had a judgment entered against the individual for failure to
78	78	33 report battery, neglect, or exploitation of an endangered adult (IC
79	79	34 35-46-1-13); or
80	80	35 (5) been convicted of theft (IC 35-43-4), if the conviction for theft
81	81	36 occurred less than ten (10) years before the individual's
82	82	37 employment application date;
83	83	38 (6) been convicted of a battery offense under IC 35-42-2; or
84	84	39 (7) been convicted of neglect of a dependent under
85	85	40 IC 35-46-1-4.
86	86	41 (b) A hospice program may not employ an individual or allow a
87	87	42 volunteer to provide hospice services for more than twenty-one (21)
88	88	2025 IN 1211—LS 7025/DI 148 3
89	89	1 calendar days without receipt of that individual's or volunteer's limited
90	90	2 criminal history required by section 2 of this chapter, unless the Indiana
91	91	3 central repository for criminal history information under IC 10-13-3 is
92	92	4 solely responsible for failing to provide the individual's or volunteer's
93	93	5 limited criminal history to the hospice program within the time
94	94	6 required under this subsection.
95	95	7 SECTION 4. IC 16-27-2-3, AS AMENDED BY P.L.214-2013,
96	96	8 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97	97	9 JULY 1, 2025]: Sec. 3. (a) A person may not operate a home health
98	98	10 agency or a personal services agency if the person has been convicted
99	99	11 of any of the following:
100	100	12 (1) Rape (IC 35-42-4-1).
101	101	13 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
102	102	14 (3) Exploitation of an endangered adult (IC 35-46-1-12).
103	103	15 (4) Failure to report battery, neglect, or exploitation of an
104	104	16 endangered adult (IC 35-46-1-13).
105	105	17 (5) Theft (IC 35-43-4), if the person's conviction for theft
106	106	18 occurred less than ten (10) years before the date of submission by
107	107	19 the person of an application for licensure as a home health agency
108	108	20 under IC 16-27-1 or as a personal services agency under
109	109	21 IC 16-27-4.
110	110	22 (6) A battery offense under IC 35-42-2.
111	111	23 (7) Neglect of a dependent under IC 35-46-1-4.
112	112	24 (b) A person who knowingly or intentionally violates this section
113	113	25 commits a Class A misdemeanor.
114	114	26 SECTION 5. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
115	115	27 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116	116	28 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), a
117	117	29 person who operates a home health agency under IC 16-27-1 or a
118	118	30 personal services agency under IC 16-27-4 may not employ a person to
119	119	31 provide services in a patient's or client's temporary or permanent
120	120	32 residence if that person's national criminal history background check
121	121	33 or expanded criminal history check indicates that the person has been
122	122	34 convicted of any of the following:
123	123	35 (1) Rape (IC 35-42-4-1).
124	124	36 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
125	125	37 (3) Exploitation of an endangered adult (IC 35-46-1-12).
126	126	38 (4) Failure to report battery, neglect, or exploitation of an
127	127	39 endangered adult (IC 35-46-1-13).
128	128	40 (5) Theft (IC 35-43-4), if the conviction for theft occurred less
129	129	41 than ten (10) years before the person's employment application
130	130	42 date.
131	131	2025 IN 1211—LS 7025/DI 148 4
132	132	1 (6) A battery offense under IC 35-42-2.
133	133	2 (7) Neglect of a dependent under IC 35-46-1-4.
134	134	3 (b) A home health agency or personal services agency may not
135	135	4 employ a person to provide services in a patient's or client's temporary
136	136	5 or permanent residence for more than twenty-one (21) calendar days
137	137	6 without receipt of that person's national criminal history background
138	138	7 check or expanded criminal history check required by section 4 of this
139	139	8 chapter, unless the state police department, the Federal Bureau of
140	140	9 Investigation under IC 10-13-3-39, or the private agency providing the
141	141	10 expanded criminal history check is responsible for failing to provide
142	142	11 the person's national criminal history background check or expanded
143	143	12 criminal history check to the home health agency or personal services
144	144	13 agency within the time required under this subsection.
145	145	2025 IN 1211—LS 7025/DI 148