Indiana 2025 Regular Session

Indiana House Bill HB1391 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1391.2
	2	+	April 11, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1391
	5	+	_____
	6	+	DIGEST OF HB 1391 (Updated April 10, 2025 11:32 am - DI 140)
	7	+	Citations Affected: IC 12-8; IC 12-10; IC 12-15.
	8	+	Synopsis: Services for the aged and disabled. Allows the office of the
	9	+	secretary of family and social services (office of the secretary) to study
	10	+	and prepare a report containing recommendations for realigning and
	11	+	consolidating the local area agency on aging (area agency) planning
	12	+	and service areas. Amends the definition of "community and home care
	13	+	services" for purposes of community and home options to institutional
	14	+	care for the elderly and disabled program (CHOICE). Prohibits the
	15	+	division of aging from requiring a CHOICE provider to be certified
	16	+	under the Medicaid program or a Medicaid waiver program. Creates an
	17	+	(Continued next page)
	18	+	Effective: Upon passage; July 1, 2025.
	19	+	Clere, Ledbetter, Goss-Reaves,
	20	+	Shackleford
	21	+	(SENATE SPONSORS — GOODE, BROWN L, JACKSON L, FORD J.D.,
	22	+	BECKER, RANDOLPH LONNIE M)
	23	+	January 13, 2025, read first time and referred to Committee on Public Health.
	24	+	February 11, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
	25	+	Means pursuant to Rule 126.3.
	26	+	February 17, 2025, reported — Do Pass.
	27	+	February 19, 2025, read second time, ordered engrossed. Engrossed.
	28	+	February 20, 2025, read third time, passed. Yeas 94, nays 0.
	29	+	SENATE ACTION
	30	+	March 3, 2025, read first time and referred to Committee on Health and Provider Services.
	31	+	April 3, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
	32	+	Appropriations.
	33	+	April 10, 2025, reported favorably — Do Pass.
	34	+	EH 1391—LS 7677/DI 147 Digest Continued
	35	+	exception for a provider of certain services. Requires an area agency to
	36	+	prioritize CHOICE funding to identify specified individuals and
	37	+	provide community and home care services to these individuals.
	38	+	Requires the office of the secretary, in negotiating reimbursement rates
	39	+	for CHOICE services, to consider the location and availability of
	40	+	service providers. Authorizes the office of the secretary to establish a
	41	+	Medicaid diversion pilot program to evaluate the effectiveness of home
	42	+	modification and telehealth enhanced chronic care services provided
	43	+	by specified area agencies in reducing Medicaid expenditures. Allows
	44	+	the office of the secretary, a managed care organization that has
	45	+	contracted with the office of Medicaid policy and planning, and a
	46	+	person who has contracted with a certain managed care organization or
	47	+	the office of the secretary to contract with an area agency to provide
	48	+	and receive reimbursement for a level of care assessment for the: (1)
	49	+	health and wellness Medicaid waiver; (2) traumatic brain injury
	50	+	Medicaid waiver; and (3) risk based managed care program for the
	51	+	covered population.
	52	+	EH 1391—LS 7677/DI 147EH 1391—LS 7677/DI 147 April 11, 2025
1	53		First Regular Session of the 124th General Assembly (2025)
2	54		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	55		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	56		additions will appear in this style type, and deletions will appear in this style type.
5	57		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	58		provision adopted), the text of the new provision will appear in this style type. Also, the
7	59		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	60		a new provision to the Indiana Code or the Indiana Constitution.
9	61		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	62		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1391
12		-	AN ACT to amend the Indiana Code concerning human services.
	63	+	ENGROSSED
	64	+	HOUSE BILL No. 1391
	65	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	66	+	human services.
13	67		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-8-1.5-18.5 IS ADDED TO THE INDIANA
15		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
16		-	[EFFECTIVE UPON PASSAGE]: Sec. 18.5. (a) As used in this
17		-	section, "advisory council" refers to the division of disability and
18		-	rehabilitative services advisory council established under
19		-	IC 12-9-4.
20		-	(b) As used in this section, "board" refers to the community and
21		-	home options to institutional care for the elderly and disabled
22		-	board established by IC 12-10-11-1.
23		-	(c) As used in this section, "commission" refers to the Indiana
24		-	state commission on aging established by IC 12-10-2-2.
25		-	(d) The office of the secretary may, in collaboration with the
26		-	Indiana Association of Area Agencies on Aging, study and prepare
27		-	a report containing recommendations for realigning and
28		-	consolidating the area agency on aging planning and service areas.
29		-	(e) If the office of the secretary elects to study and prepare the
30		-	report described in subsection (d), the office of the secretary shall
31		-	do the following:
32		-	(1) Provide notice of the election to the legislative council in
33		-	an electronic format under IC 5-14-6.
34		-	(2) In studying and preparing the report, consult with the:
35		-	(A) advisory council;
36		-	HEA 1391 — Concur 2
37		-	(B) board; and
38		-	(C) commission;
39		-	at the regularly scheduled public meetings of the advisory
40		-	council, board, and commission to receive input and feedback
41		-	concerning the recommendations described in subsection (d).
42		-	(3) Not later than two (2) years after the date on which the
43		-	office of the secretary provides notice under subdivision (1),
44		-	submit the report to the legislative council in an electronic
45		-	format under IC 5-14-6.
46		-	SECTION 2. IC 12-10-10-2, AS AMENDED BY P.L.209-2018,
	68	+	1 SECTION 1. IC 12-8-1.5-18.5 IS ADDED TO THE INDIANA
	69	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	70	+	3 [EFFECTIVE UPON PASSAGE]: Sec. 18.5. (a) As used in this
	71	+	4 section, "advisory council" refers to the division of disability and
	72	+	5 rehabilitative services advisory council established under
	73	+	6 IC 12-9-4.
	74	+	7 (b) As used in this section, "board" refers to the community and
	75	+	8 home options to institutional care for the elderly and disabled
	76	+	9 board established by IC 12-10-11-1.
	77	+	10 (c) As used in this section, "commission" refers to the Indiana
	78	+	11 state commission on aging established by IC 12-10-2-2.
	79	+	12 (d) The office of the secretary may, in collaboration with the
	80	+	13 Indiana Association of Area Agencies on Aging, study and prepare
	81	+	14 a report containing recommendations for realigning and
	82	+	15 consolidating the area agency on aging planning and service areas.
	83	+	16 (e) If the office of the secretary elects to study and prepare the
	84	+	17 report described in subsection (d), the office of the secretary shall
	85	+	EH 1391—LS 7677/DI 147 2
	86	+	1 do the following:
	87	+	2 (1) Provide notice of the election to the legislative council in
	88	+	3 an electronic format under IC 5-14-6.
	89	+	4 (2) In studying and preparing the report, consult with the:
	90	+	5 (A) advisory council;
	91	+	6 (B) board; and
	92	+	7 (C) commission;
	93	+	8 at the regularly scheduled public meetings of the advisory
	94	+	9 council, board, and commission to receive input and feedback
	95	+	10 concerning the recommendations described in subsection (d).
	96	+	11 (3) Not later than two (2) years after the date on which the
	97	+	12 office of the secretary provides notice under subdivision (1),
	98	+	13 submit the report to the legislative council in an electronic
	99	+	14 format under IC 5-14-6.
	100	+	15 SECTION 2. IC 12-10-10-2, AS AMENDED BY P.L.209-2018,
	101	+	16 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	102	+	17 JULY 1, 2025]: Sec. 2. As used in this chapter, "community and home
	103	+	18 care services" means services provided within the limits of available
	104	+	19 funding to an eligible individual. The term includes the following:
	105	+	20 (1) Homemaker services and attendant care, including personal
	106	+	21 care services.
	107	+	22 (2) Respite care services and other support services for primary
	108	+	23 or family caregivers.
	109	+	24 (3) Adult day care services.
	110	+	25 (4) Home health services and supplies.
	111	+	26 (5) Home delivered meals.
	112	+	27 (6) Transportation.
	113	+	28 (7) Attendant care services provided by a registered personal
	114	+	29 services attendant under IC 12-10-17.1 to persons described in
	115	+	30 IC 12-10-17.1-6.
	116	+	31 (8) Other services necessary to prevent and reduce:
	117	+	32 (A) hospitalization and institutionalization; and
	118	+	33 (B) the need for Medicaid home and community based
	119	+	34 services;
	120	+	35 of eligible individuals when feasible.
	121	+	36 (9) Other services, not covered by Medicaid, including equipment
	122	+	37 and building modifications, necessary to:
	123	+	38 (A) prevent individuals with intellectual or developmental
	124	+	39 disabilities from being institutionalized; and
	125	+	40 (B) help an individual described in clause (A) to transition out
	126	+	41 of a health facility licensed under IC 16-28 or a group home
	127	+	42 (as defined by IC 31-9-2-48.5).
	128	+	EH 1391—LS 7677/DI 147 3
	129	+	1 (10) Support services that provide education, resources, and
	130	+	2 strategies to help caregivers and family members of
	131	+	3 individuals with dementia.
	132	+	4 SECTION 3. IC 12-10-10-6, AS AMENDED BY P.L.47-2009,
	133	+	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	134	+	6 JULY 1, 2025]: Sec. 6. (a) The community and home options to
	135	+	7 institutional care for the elderly and disabled program is established.
	136	+	8 The division shall administer the program and shall do the following:
	137	+	9 (1) Adopt rules under IC 4-22-2 for the coordination of the
	138	+	10 program.
	139	+	11 (2) Administer state and federal money for the program.
	140	+	12 (3) Develop and implement a process for the management and
	141	+	13 operation of the program locally through the area agencies on
	142	+	14 aging based upon criteria developed by the division.
	143	+	15 (4) Approve the selection of community and home care services
	144	+	16 providers based upon criteria developed by the division.
	145	+	17 (5) Review and approve community and home care services plans
	146	+	18 developed by services providers.
	147	+	19 (6) Provide training and technical assistance for the staff
	148	+	20 providers.
	149	+	21 (7) Select or contract with agencies throughout Indiana to provide
	150	+	22 community and home care services.
	151	+	23 (8) Assist the office in applying for Medicaid waivers from the
	152	+	24 United States Department of Health and Human Services to fund
	153	+	25 community and home care services needed by eligible individuals
	154	+	26 under this chapter.
	155	+	27 (9) Have self-directed care options and services available for an
	156	+	28 eligible individual who chooses self-directed care services.
	157	+	29 (b) Except as provided in subsection (c), the division may not
	158	+	30 require a provider seeking to provide services under the program
	159	+	31 to be certified under the Medicaid program or a Medicaid waiver
	160	+	32 program.
	161	+	33 (c) The division shall require a provider seeking to provide any
	162	+	34 of the following services under the program to be certified under
	163	+	35 the Medicaid program or a Medicaid waiver program:
	164	+	36 (1) Attendant care services.
	165	+	37 (2) Clinical therapeutic services.
	166	+	38 (3) Home and community assistance.
	167	+	39 (4) Home health aide services.
	168	+	40 (5) Integrated home care coordination.
	169	+	41 (6) Respite care services.
	170	+	42 (7) Nursing services.
	171	+	EH 1391—LS 7677/DI 147 4
	172	+	1 (8) Adult day services.
	173	+	2 (9) Services provided under a structured family caregiving
	174	+	3 arrangement.
	175	+	4 SECTION 4. IC 12-10-10-7.5 IS ADDED TO THE INDIANA
	176	+	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
	177	+	6 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. An area agency on aging shall
	178	+	7 prioritize program funding to do the following:
	179	+	8 (1) Identify individuals who are:
	180	+	9 (A) at risk of impairment with respect to activities of daily
	181	+	10 living;
	182	+	11 (B) eligible for the program; and
	183	+	12 (C) not eligible to receive Medicaid.
	184	+	13 (2) Provide community and home care services to individuals
	185	+	14 described in subdivision (1) for the purpose of:
	186	+	15 (A) preventing and reducing:
	187	+	16 (i) hospitalizations; and
	188	+	17 (ii) institutionalizations; and
	189	+	18 (B) reducing the need for Medicaid home and community
	190	+	19 based services.
	191	+	20 SECTION 5. IC 12-10-10-12, AS ADDED BY P.L.246-2005,
	192	+	21 SECTION 100, IS AMENDED TO READ AS FOLLOWS
	193	+	22 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The office of the secretary,
	194	+	23 in consultation with the local area agencies on aging, shall negotiate
	195	+	24 reimbursement rates for services provided under this chapter.
	196	+	25 (b) Payments for services under this chapter may not be counted in
	197	+	26 a Medicaid recipient's spend down requirement in IC 12-15.
	198	+	27 (c) In negotiating the reimbursement rates described in
	199	+	28 subsection (a), the office of the secretary shall consider the:
	200	+	29 (1) location; and
	201	+	30 (2) availability;
	202	+	31 of providers who provide services under this chapter.
	203	+	32 SECTION 6. IC 12-10-10-14 IS ADDED TO THE INDIANA
	204	+	33 CODE AS A NEW SECTION TO READ AS FOLLOWS
	205	+	34 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As used in this section,
	206	+	35 "telehealth enhanced chronic care services" means the delivery of
	207	+	36 telehealth services to manage an eligible individual's chronic
	208	+	37 condition.
	209	+	38 (b) The office of the secretary may establish a Medicaid
	210	+	39 diversion pilot program for the purpose of evaluating the
	211	+	40 effectiveness of home modification and telehealth enhanced chronic
	212	+	41 care services provided by:
	213	+	42 (1) Area 7; and
	214	+	EH 1391—LS 7677/DI 147 5
	215	+	1 (2) Area 9;
	216	+	2 of the area agencies on aging to eligible individuals in reducing
	217	+	3 Medicaid expenditures.
	218	+	4 (c) Subject to approval by the office of the secretary, the Indiana
	219	+	5 Association of Area Agencies on Aging, in collaboration with the
	220	+	6 University of Notre Dame Wilson Sheehan Lab for Economic
	221	+	7 Opportunities, shall administer a pilot program established under
	222	+	8 this section.
	223	+	9 (d) As part of a pilot program established under this section,
	224	+	10 Area 7 and Area 9 of the area agencies on aging shall do the
	225	+	11 following:
	226	+	12 (1) Seek opportunities for:
	227	+	13 (A) partnerships with;
	228	+	14 (B) grant funding from; and
	229	+	15 (C) other resources from;
	230	+	16 organizations or entities to supplement available program
	231	+	17 funding.
	232	+	18 (2) Provide home modification and telehealth enhanced
	233	+	19 chronic care services to the number of eligible individuals
	234	+	20 sufficient to facilitate the pilot program, as determined by the
	235	+	21 University of Notre Dame Wilson Sheehan Lab for Economic
	236	+	22 Opportunities.
	237	+	23 (e) Not later than November 1, 2026, the University of Notre
	238	+	24 Dame Wilson Sheehan Lab for Economic Opportunities shall
	239	+	25 prepare and submit a report on the results of a pilot program
	240	+	26 established under this section to the legislative council in an
	241	+	27 electronic format under IC 5-14-6.
	242	+	28 (f) A pilot program established under this section is subject to
	243	+	29 available program funding.
	244	+	30 (g) This section does not preclude Area 7 or Area 9 of the area
	245	+	31 agencies on aging from providing other community and home care
	246	+	32 services to an eligible individual participating in the pilot program.
	247	+	33 (h) This section expires December 31, 2026.
	248	+	34 SECTION 7. IC 12-15-1.3-18.5 IS ADDED TO THE INDIANA
	249	+	35 CODE AS A NEW SECTION TO READ AS FOLLOWS
	250	+	36 [EFFECTIVE JULY 1, 2025]: Sec. 18.5. (a) As used in this section,
	251	+	37 "office" includes the following:
	252	+	38 (1) The office of the secretary of family and social services.
	253	+	39 (2) A managed care organization that has contracted with the
	254	+	40 office of Medicaid policy and planning under this article.
	255	+	41 (3) A person that has contracted with:
	256	+	42 (A) the office of the secretary of family and social services;
	257	+	EH 1391—LS 7677/DI 147 6
	258	+	1 or
	259	+	2 (B) a managed care organization described in subdivision
	260	+	3 (2).
	261	+	4 (b) The office may contract with an area agency on aging to
	262	+	5 provide and receive reimbursement for a level of care assessment
	263	+	6 for the following:
	264	+	7 (1) The health and wellness Medicaid waiver.
	265	+	8 (2) The traumatic brain injury Medicaid waiver.
	266	+	9 SECTION 8. IC 12-15-12.5 IS ADDED TO THE INDIANA CODE
	267	+	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	268	+	11 JULY 1, 2025]:
	269	+	12 Chapter 12.5. Managed Care for the Aging
	270	+	13 Sec. 1. As used in this chapter, "area agency" means an area
	271	+	14 agency on aging designated by the bureau of aging and in-home
	272	+	15 services under IC 12-10-1-4.
	273	+	16 Sec. 2. As used in this chapter, "covered population" means all
	274	+	17 Medicaid recipients who meet the criteria set forth in section 4 of
	275	+	18 this chapter.
	276	+	19 Sec. 3. As used in this chapter, "office" includes the following:
	277	+	20 (1) The office of the secretary of family and social services.
	278	+	21 (2) A managed care organization that has contracted with the
	279	+	22 office of Medicaid policy and planning under this article.
	280	+	23 (3) A person that has contracted with:
	281	+	24 (A) the office of the secretary of family and social services;
	282	+	25 or
	283	+	26 (B) a managed care organization described in subdivision
	284	+	27 (2).
	285	+	28 Sec. 4. An individual is a member of the covered population if
	286	+	29 the individual:
	287	+	30 (1) is eligible to participate in the federal Medicare program
	288	+	31 (42 U.S.C. 1395 et seq.) and receives nursing facility services;
	289	+	32 or
	290	+	33 (2) is:
	291	+	34 (A) at least sixty (60) years of age;
	292	+	35 (B) blind, aged, or disabled; and
	293	+	36 (C) receiving services through one (1) of the following:
	294	+	37 (i) The aged and disabled Medicaid waiver.
	295	+	38 (ii) A risk based managed care program for aged, blind,
	296	+	39 or disabled individuals who are not eligible to participate
	297	+	40 in the federal Medicare program.
	298	+	41 (iii) The state Medicaid plan.
	299	+	42 Sec. 5. The office may contract with an area agency to:
	300	+	EH 1391—LS 7677/DI 147 7
	301	+	1 (1) provide; and
	302	+	2 (2) receive reimbursement for;
	303	+	3 a level of care assessment for the risk based managed care
	304	+	4 program for the covered population through an area agency's
	305	+	5 aging and disability resource center.
	306	+	6 SECTION 9. An emergency is declared for this act.
	307	+	EH 1391—LS 7677/DI 147 8
	308	+	COMMITTEE REPORT
	309	+	Mr. Speaker: Your Committee on Public Health, to which was
	310	+	referred House Bill 1391, has had the same under consideration and
	311	+	begs leave to report the same back to the House with the
	312	+	recommendation that said bill be amended as follows:
	313	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	314	+	"SECTION 1. IC 12-10-10-2, AS AMENDED BY P.L.209-2018,
47	315		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
48	316		JULY 1, 2025]: Sec. 2. As used in this chapter, "community and home
49	317		care services" means services provided within the limits of available
50	318		funding to an eligible individual. The term includes the following:
51	319		(1) Homemaker services and attendant care, including personal
52	320		care services.
53	321		(2) Respite care services and other support services for primary
54	322		or family caregivers.
55	323		(3) Adult day care services.
56	324		(4) Home health services and supplies.
57	325		(5) Home delivered meals.
58	326		(6) Transportation.
59	327		(7) Attendant care services provided by a registered personal
60	328		services attendant under IC 12-10-17.1 to persons described in
61	329		IC 12-10-17.1-6.
62	330		(8) Other services necessary to prevent and reduce:
63	331		(A) hospitalization and institutionalization; and
64	332		(B) the need for Medicaid home and community based
65	333		services;
66	334		of eligible individuals when feasible.
67	335		(9) Other services, not covered by Medicaid, including equipment
68	336		and building modifications, necessary to:
69	337		(A) prevent individuals with intellectual or developmental
70	338		disabilities from being institutionalized; and
71	339		(B) help an individual described in clause (A) to transition out
72	340		of a health facility licensed under IC 16-28 or a group home
73	341		(as defined by IC 31-9-2-48.5).
74	342		(10) Support services that provide education, resources, and
75	343		strategies to help caregivers and family members of
76		-	individuals with dementia.
77		-	SECTION 3. IC 12-10-10-6, AS AMENDED BY P.L.47-2009,
78		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
79		-	HEA 1391 — Concur 3
80		-	JULY 1, 2025]: Sec. 6. (a) The community and home options to
81		-	institutional care for the elderly and disabled program is established.
82		-	The division shall administer the program and shall do the following:
83		-	(1) Adopt rules under IC 4-22-2 for the coordination of the
84		-	program.
85		-	(2) Administer state and federal money for the program.
86		-	(3) Develop and implement a process for the management and
87		-	operation of the program locally through the area agencies on
88		-	aging based upon criteria developed by the division.
89		-	(4) Approve the selection of community and home care services
90		-	providers based upon criteria developed by the division.
91		-	(5) Review and approve community and home care services plans
92		-	developed by services providers.
93		-	(6) Provide training and technical assistance for the staff
94		-	providers.
95		-	(7) Select or contract with agencies throughout Indiana to provide
96		-	community and home care services.
97		-	(8) Assist the office in applying for Medicaid waivers from the
98		-	United States Department of Health and Human Services to fund
99		-	community and home care services needed by eligible individuals
100		-	under this chapter.
101		-	(9) Have self-directed care options and services available for an
102		-	eligible individual who chooses self-directed care services.
103		-	(b) Except as provided in subsection (c), the division may not
104		-	require a provider seeking to provide services under the program
105		-	to be certified under the Medicaid program or a Medicaid waiver
106		-	program.
107		-	(c) The division shall require a provider seeking to provide any
	344	+	individuals with dementia.".
	345	+	Page 2, delete lines 1 through 11.
	346	+	Page 2, delete lines 37 through 41.
	347	+	Page 3, line 5, delete "may" and insert "shall prioritize program
	348	+	funding to do the following:".
	349	+	EH 1391—LS 7677/DI 147 9
	350	+	Page 3, delete lines 6 through 13, begin a new line block indented
	351	+	and insert:
	352	+	"(1) Identify individuals who are:
	353	+	(A) at risk of impairment with respect to activities of daily
	354	+	living;
	355	+	(B) eligible for the program; and
	356	+	(C) not eligible to receive Medicaid.
	357	+	(2) Provide community and home care services to individuals
	358	+	described in subdivision (1) for the purpose of:
	359	+	(A) preventing and reducing:
	360	+	(i) hospitalizations; and
	361	+	(ii) institutionalizations; and
	362	+	(B) reducing the need for Medicaid home and community
	363	+	based services.".
	364	+	Page 3, between lines 25 and 26, begin a new paragraph and insert:
	365	+	"SECTION 5. IC 12-10-10-14 IS ADDED TO THE INDIANA
	366	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	367	+	[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As used in this section,
	368	+	"telehealth enhanced chronic care services" means the delivery of
	369	+	comprehensive care, including behavioral health care, through
	370	+	telehealth to an eligible individual with a chronic disease to manage
	371	+	the eligible individual's chronic disease.
	372	+	(b) The Medicaid diversion pilot program is established for the
	373	+	purpose of evaluating the effectiveness of home modification and
	374	+	telehealth enhanced chronic care services provided by:
	375	+	(1) Area 7; and
	376	+	(2) Area 9;
	377	+	of the area agencies on aging to eligible individuals in reducing
	378	+	Medicaid expenditures.
	379	+	(c) Subject to approval by the office of the secretary, the Indiana
	380	+	Association of Area Agencies on Aging, in collaboration with the
	381	+	University of Notre Dame Wilson Sheehan Lab for Economic
	382	+	Opportunities, shall administer the pilot program.
	383	+	(d) As part of the pilot program, Area 7 and Area 9 of the area
	384	+	agencies on aging shall provide home modification and telehealth
	385	+	enhanced chronic care services to not more than a total of one
	386	+	thousand (1,000) eligible individuals.
	387	+	(e) Not later than November 1, 2026, the University of Notre
	388	+	Dame Wilson Sheehan Lab for Economic Opportunities shall
	389	+	prepare and submit a report on the results of the pilot program to
	390	+	the legislative council in an electronic format under IC 5-14-6.
	391	+	(f) This section expires December 31, 2026.".
	392	+	EH 1391—LS 7677/DI 147 10
	393	+	Page 4, after line 39, begin a new paragraph and insert:
	394	+	"SECTION 8. [EFFECTIVE UPON PASSAGE] (a) As used in this
	395	+	SECTION, "advisory council" refers to the division of disability
	396	+	and rehabilitative services advisory council established under
	397	+	IC 12-9-4.
	398	+	(b) As used in this SECTION, "board" refers to the community
	399	+	and home options to institutional care for the elderly and disabled
	400	+	board established by IC 12-10-11-1.
	401	+	(c) As used in this SECTION, "commission" refers to the
	402	+	Indiana state commission on aging established by IC 12-10-2-2.
	403	+	(d) As used in this SECTION, "office" refers to the office of
	404	+	family and social services established by IC 12-8-1.5-1.
	405	+	(e) The office may, in collaboration with the Indiana Association
	406	+	of Area Agencies on Aging, study and prepare a report containing
	407	+	recommendations for realigning and consolidating the area agency
	408	+	on aging planning and service areas.
	409	+	(f) If the office elects to study and prepare the report described
	410	+	in subsection (e), the office shall do the following:
	411	+	(1) In studying and preparing the report, consult with the:
	412	+	(A) advisory council;
	413	+	(B) board; and
	414	+	(C) commission;
	415	+	at the regularly scheduled public meetings of the advisory
	416	+	council, board, and commission to receive input and feedback
	417	+	concerning the recommendations described in subsection (e).
	418	+	(2) Not later than November 1, 2025, submit the report to the
	419	+	legislative council in an electronic format under IC 5-14-6.
	420	+	(g) This SECTION expires December 31, 2025.
	421	+	SECTION 9. An emergency is declared for this act.".
	422	+	Renumber all SECTIONS consecutively.
	423	+	and when so amended that said bill do pass.
	424	+	(Reference is to HB 1391 as introduced.)
	425	+	BARRETT
	426	+	Committee Vote: yeas 11, nays 0.
	427	+	EH 1391—LS 7677/DI 147 11
	428	+	COMMITTEE REPORT
	429	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	430	+	referred House Bill 1391, has had the same under consideration and
	431	+	begs leave to report the same back to the House with the
	432	+	recommendation that said bill do pass.
	433	+	(Reference is to HB 1391 as printed February 11, 2025.)
	434	+	THOMPSON
	435	+	Committee Vote: Yeas 22, Nays 0
	436	+	_____
	437	+	COMMITTEE REPORT
	438	+	Mr. President: The Senate Committee on Health and Provider
	439	+	Services, to which was referred House Bill No. 1391, has had the same
	440	+	under consideration and begs leave to report the same back to the
	441	+	Senate with the recommendation that said bill be AMENDED as
	442	+	follows:
	443	+	Page 1, between the enacting clause and line 1, begin a new
	444	+	paragraph and insert:
	445	+	"SECTION 1. IC 12-8-1.5-18.5 IS ADDED TO THE INDIANA
	446	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	447	+	[EFFECTIVE UPON PASSAGE]: Sec. 18.5. (a) As used in this
	448	+	section, "advisory council" refers to the division of disability and
	449	+	rehabilitative services advisory council established under
	450	+	IC 12-9-4.
	451	+	(b) As used in this section, "board" refers to the community and
	452	+	home options to institutional care for the elderly and disabled
	453	+	board established by IC 12-10-11-1.
	454	+	(c) As used in this section, "commission" refers to the Indiana
	455	+	state commission on aging established by IC 12-10-2-2.
	456	+	(d) The office of the secretary may, in collaboration with the
	457	+	Indiana Association of Area Agencies on Aging, study and prepare
	458	+	a report containing recommendations for realigning and
	459	+	consolidating the area agency on aging planning and service areas.
	460	+	(e) If the office of the secretary elects to study and prepare the
	461	+	report described in subsection (d), the office of the secretary shall
	462	+	do the following:
	463	+	(1) Provide notice of the election to the legislative council in
	464	+	an electronic format under IC 5-14-6.
	465	+	(2) In studying and preparing the report, consult with the:
	466	+	(A) advisory council;
	467	+	EH 1391—LS 7677/DI 147 12
	468	+	(B) board; and
	469	+	(C) commission;
	470	+	at the regularly scheduled public meetings of the advisory
	471	+	council, board, and commission to receive input and feedback
	472	+	concerning the recommendations described in subsection (d).
	473	+	(3) Not later than two (2) years after the date on which the
	474	+	office of the secretary provides notice under subdivision (1),
	475	+	submit the report to the legislative council in an electronic
	476	+	format under IC 5-14-6.".
	477	+	Page 2, line 40, delete "The" and insert "Except as provided in
	478	+	subsection (c), the".
	479	+	Page 2, line 41, after "certified under" insert "the Medicaid
	480	+	program or".
	481	+	Page 2, after line 42, begin a new paragraph and insert:
	482	+	"(c) The division shall require a provider seeking to provide any
108	483		of the following services under the program to be certified under
109	484		the Medicaid program or a Medicaid waiver program:
110	485		(1) Attendant care services.
111	486		(2) Clinical therapeutic services.
112	487		(3) Home and community assistance.
113	488		(4) Home health aide services.
114	489		(5) Integrated home care coordination.
115	490		(6) Respite care services.
116	491		(7) Nursing services.
117	492		(8) Adult day services.
118	493		(9) Services provided under a structured family caregiving
119		-	arrangement.
120		-	SECTION 4. IC 12-10-10-7.5 IS ADDED TO THE INDIANA
121		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
122		-	HEA 1391 — Concur 4
123		-	[EFFECTIVE JULY 1, 2025]: Sec. 7.5. An area agency on aging shall
124		-	prioritize program funding to do the following:
125		-	(1) Identify individuals who are:
126		-	(A) at risk of impairment with respect to activities of daily
127		-	living;
128		-	(B) eligible for the program; and
129		-	(C) not eligible to receive Medicaid.
130		-	(2) Provide community and home care services to individuals
131		-	described in subdivision (1) for the purpose of:
132		-	(A) preventing and reducing:
133		-	(i) hospitalizations; and
134		-	(ii) institutionalizations; and
135		-	(B) reducing the need for Medicaid home and community
136		-	based services.
137		-	SECTION 5. IC 12-10-10-12, AS ADDED BY P.L.246-2005,
138		-	SECTION 100, IS AMENDED TO READ AS FOLLOWS
139		-	[EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The office of the secretary,
140		-	in consultation with the local area agencies on aging, shall negotiate
141		-	reimbursement rates for services provided under this chapter.
142		-	(b) Payments for services under this chapter may not be counted in
143		-	a Medicaid recipient's spend down requirement in IC 12-15.
144		-	(c) In negotiating the reimbursement rates described in
145		-	subsection (a), the office of the secretary shall consider the:
146		-	(1) location; and
147		-	(2) availability;
148		-	of providers who provide services under this chapter.
149		-	SECTION 6. IC 12-10-10-14 IS ADDED TO THE INDIANA
	494	+	arrangement.".
	495	+	Page 3, delete lines 29 through 42, begin a new paragraph and
	496	+	insert:
	497	+	"SECTION 5. IC 12-10-10-14 IS ADDED TO THE INDIANA
150	498		CODE AS A NEW SECTION TO READ AS FOLLOWS
151	499		[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As used in this section,
152	500		"telehealth enhanced chronic care services" means the delivery of
153	501		telehealth services to manage an eligible individual's chronic
154	502		condition.
155	503		(b) The office of the secretary may establish a Medicaid
156	504		diversion pilot program for the purpose of evaluating the
157	505		effectiveness of home modification and telehealth enhanced chronic
158	506		care services provided by:
159	507		(1) Area 7; and
160	508		(2) Area 9;
161	509		of the area agencies on aging to eligible individuals in reducing
	510	+	EH 1391—LS 7677/DI 147 13
162	511		Medicaid expenditures.
163	512		(c) Subject to approval by the office of the secretary, the Indiana
164	513		Association of Area Agencies on Aging, in collaboration with the
165		-	HEA 1391 — Concur 5
166	514		University of Notre Dame Wilson Sheehan Lab for Economic
167	515		Opportunities, shall administer a pilot program established under
168	516		this section.
169	517		(d) As part of a pilot program established under this section,
170	518		Area 7 and Area 9 of the area agencies on aging shall do the
171	519		following:
172	520		(1) Seek opportunities for:
173	521		(A) partnerships with;
174	522		(B) grant funding from; and
175	523		(C) other resources from;
176	524		organizations or entities to supplement available program
177	525		funding.
178	526		(2) Provide home modification and telehealth enhanced
179	527		chronic care services to the number of eligible individuals
180	528		sufficient to facilitate the pilot program, as determined by the
181	529		University of Notre Dame Wilson Sheehan Lab for Economic
182	530		Opportunities.
183	531		(e) Not later than November 1, 2026, the University of Notre
184	532		Dame Wilson Sheehan Lab for Economic Opportunities shall
185	533		prepare and submit a report on the results of a pilot program
186	534		established under this section to the legislative council in an
187	535		electronic format under IC 5-14-6.
188	536		(f) A pilot program established under this section is subject to
189	537		available program funding.
190	538		(g) This section does not preclude Area 7 or Area 9 of the area
191	539		agencies on aging from providing other community and home care
192	540		services to an eligible individual participating in the pilot program.
193		-	(h) This section expires December 31, 2026.
194		-	SECTION 7. IC 12-15-1.3-18.5 IS ADDED TO THE INDIANA
195		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
196		-	[EFFECTIVE JULY 1, 2025]: Sec. 18.5. (a) As used in this section,
197		-	"office" includes the following:
198		-	(1) The office of the secretary of family and social services.
199		-	(2) A managed care organization that has contracted with the
200		-	office of Medicaid policy and planning under this article.
201		-	(3) A person that has contracted with:
202		-	(A) the office of the secretary of family and social services;
203		-	or
204		-	(B) a managed care organization described in subdivision
205		-	(2).
206		-	(b) The office may contract with an area agency on aging to
207		-	provide and receive reimbursement for a level of care assessment
208		-	HEA 1391 — Concur 6
209		-	for the following:
210		-	(1) The health and wellness Medicaid waiver.
211		-	(2) The traumatic brain injury Medicaid waiver.
212		-	SECTION 8. IC 12-15-12.5 IS ADDED TO THE INDIANA CODE
213		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
214		-	JULY 1, 2025]:
215		-	Chapter 12.5. Managed Care for the Aging
216		-	Sec. 1. As used in this chapter, "area agency" means an area
217		-	agency on aging designated by the bureau of aging and in-home
218		-	services under IC 12-10-1-4.
219		-	Sec. 2. As used in this chapter, "covered population" means all
220		-	Medicaid recipients who meet the criteria set forth in section 4 of
221		-	this chapter.
222		-	Sec. 3. As used in this chapter, "office" includes the following:
223		-	(1) The office of the secretary of family and social services.
224		-	(2) A managed care organization that has contracted with the
225		-	office of Medicaid policy and planning under this article.
226		-	(3) A person that has contracted with:
227		-	(A) the office of the secretary of family and social services;
228		-	or
229		-	(B) a managed care organization described in subdivision
230		-	(2).
231		-	Sec. 4. An individual is a member of the covered population if
232		-	the individual:
233		-	(1) is eligible to participate in the federal Medicare program
234		-	(42 U.S.C. 1395 et seq.) and receives nursing facility services;
235		-	or
236		-	(2) is:
237		-	(A) at least sixty (60) years of age;
238		-	(B) blind, aged, or disabled; and
239		-	(C) receiving services through one (1) of the following:
240		-	(i) The aged and disabled Medicaid waiver.
241		-	(ii) A risk based managed care program for aged, blind,
242		-	or disabled individuals who are not eligible to participate
243		-	in the federal Medicare program.
244		-	(iii) The state Medicaid plan.
245		-	Sec. 5. The office may contract with an area agency to:
246		-	(1) provide; and
247		-	(2) receive reimbursement for;
248		-	a level of care assessment for the risk based managed care
249		-	program for the covered population through an area agency's
250		-	aging and disability resource center.
251		-	HEA 1391 — Concur 7
252		-	SECTION 9. An emergency is declared for this act.
253		-	HEA 1391 — Concur Speaker of the House of Representatives
254		-	President of the Senate
255		-	President Pro Tempore
256		-	Governor of the State of Indiana
257		-	Date: Time:
258		-	HEA 1391 — Concur
	541	+	(h) This section expires December 31, 2026.".
	542	+	Page 4, delete lines 1 through 13.
	543	+	Page 5, delete lines 28 through 42.
	544	+	Page 6, delete lines 1 through 12.
	545	+	Renumber all SECTIONS consecutively.
	546	+	and when so amended that said bill do pass and be reassigned to the
	547	+	Senate Committee on Appropriations.
	548	+	EH 1391—LS 7677/DI 147 14
	549	+	(Reference is to HB 1391 as printed February 17, 2025.)
	550	+	CHARBONNEAU, Chairperson
	551	+	Committee Vote: Yeas 12, Nays 0.
	552	+	_____
	553	+	COMMITTEE REPORT
	554	+	Mr. President: The Senate Committee on Appropriations, to which
	555	+	was referred Engrossed House Bill No. 1391, has had the same under
	556	+	consideration and begs leave to report the same back to the Senate with
	557	+	the recommendation that said bill DO PASS.
	558	+	(Reference is to EHB 1391 as printed April 4, 2025.)
	559	+
	560	+	MISHLER, Chairperson
	561	+	Committee Vote: Yeas 11, Nays 1
	562	+	EH 1391—LS 7677/DI 147