First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1391
AN ACT to amend the Indiana Code concerning human services.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-8-1.5-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 18.5. (a) As used in this
section, "advisory council" refers to the division of disability and
rehabilitative services advisory council established under
IC 12-9-4.
(b) As used in this section, "board" refers to the community and
home options to institutional care for the elderly and disabled
board established by IC 12-10-11-1.
(c) As used in this section, "commission" refers to the Indiana
state commission on aging established by IC 12-10-2-2.
(d) The office of the secretary may, in collaboration with the
Indiana Association of Area Agencies on Aging, study and prepare
a report containing recommendations for realigning and
consolidating the area agency on aging planning and service areas.
(e) If the office of the secretary elects to study and prepare the
report described in subsection (d), the office of the secretary shall
do the following:
(1) Provide notice of the election to the legislative council in
an electronic format under IC 5-14-6.
(2) In studying and preparing the report, consult with the:
(A) advisory council;
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(B) board; and
(C) commission;
at the regularly scheduled public meetings of the advisory
council, board, and commission to receive input and feedback
concerning the recommendations described in subsection (d).
(3) Not later than two (2) years after the date on which the
office of the secretary provides notice under subdivision (1),
submit the report to the legislative council in an electronic
format under IC 5-14-6.
SECTION 2. IC 12-10-10-2, AS AMENDED BY P.L.209-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. As used in this chapter, "community and home
care services" means services provided within the limits of available
funding to an eligible individual. The term includes the following:
(1) Homemaker services and attendant care, including personal
care services.
(2) Respite care services and other support services for primary
or family caregivers.
(3) Adult day care services.
(4) Home health services and supplies.
(5) Home delivered meals.
(6) Transportation.
(7) Attendant care services provided by a registered personal
services attendant under IC 12-10-17.1 to persons described in
IC 12-10-17.1-6.
(8) Other services necessary to prevent and reduce:
(A) hospitalization and institutionalization; and
(B) the need for Medicaid home and community based
services;
of eligible individuals when feasible.
(9) Other services, not covered by Medicaid, including equipment
and building modifications, necessary to:
(A) prevent individuals with intellectual or developmental
disabilities from being institutionalized; and
(B) help an individual described in clause (A) to transition out
of a health facility licensed under IC 16-28 or a group home
(as defined by IC 31-9-2-48.5).
(10) Support services that provide education, resources, and
strategies to help caregivers and family members of
individuals with dementia.
SECTION 3. IC 12-10-10-6, AS AMENDED BY P.L.47-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2025]: Sec. 6. (a) The community and home options to
institutional care for the elderly and disabled program is established.
The division shall administer the program and shall do the following:
(1) Adopt rules under IC 4-22-2 for the coordination of the
program.
(2) Administer state and federal money for the program.
(3) Develop and implement a process for the management and
operation of the program locally through the area agencies on
aging based upon criteria developed by the division.
(4) Approve the selection of community and home care services
providers based upon criteria developed by the division.
(5) Review and approve community and home care services plans
developed by services providers.
(6) Provide training and technical assistance for the staff
providers.
(7) Select or contract with agencies throughout Indiana to provide
community and home care services.
(8) Assist the office in applying for Medicaid waivers from the
United States Department of Health and Human Services to fund
community and home care services needed by eligible individuals
under this chapter.
(9) Have self-directed care options and services available for an
eligible individual who chooses self-directed care services.
(b) Except as provided in subsection (c), the division may not
require a provider seeking to provide services under the program
to be certified under the Medicaid program or a Medicaid waiver
program.
(c) The division shall require a provider seeking to provide any
of the following services under the program to be certified under
the Medicaid program or a Medicaid waiver program:
(1) Attendant care services.
(2) Clinical therapeutic services.
(3) Home and community assistance.
(4) Home health aide services.
(5) Integrated home care coordination.
(6) Respite care services.
(7) Nursing services.
(8) Adult day services.
(9) Services provided under a structured family caregiving
arrangement.
SECTION 4. IC 12-10-10-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2025]: Sec. 7.5. An area agency on aging shall
prioritize program funding to do the following:
(1) Identify individuals who are:
(A) at risk of impairment with respect to activities of daily
living;
(B) eligible for the program; and
(C) not eligible to receive Medicaid.
(2) Provide community and home care services to individuals
described in subdivision (1) for the purpose of:
(A) preventing and reducing:
(i) hospitalizations; and
(ii) institutionalizations; and
(B) reducing the need for Medicaid home and community
based services.
SECTION 5. IC 12-10-10-12, AS ADDED BY P.L.246-2005,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The office of the secretary,
in consultation with the local area agencies on aging, shall negotiate
reimbursement rates for services provided under this chapter.
(b) Payments for services under this chapter may not be counted in
a Medicaid recipient's spend down requirement in IC 12-15.
(c) In negotiating the reimbursement rates described in
subsection (a), the office of the secretary shall consider the:
(1) location; and
(2) availability;
of providers who provide services under this chapter.
SECTION 6. IC 12-10-10-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As used in this section,
"telehealth enhanced chronic care services" means the delivery of
telehealth services to manage an eligible individual's chronic
condition.
(b) The office of the secretary may establish a Medicaid
diversion pilot program for the purpose of evaluating the
effectiveness of home modification and telehealth enhanced chronic
care services provided by:
(1) Area 7; and
(2) Area 9;
of the area agencies on aging to eligible individuals in reducing
Medicaid expenditures.
(c) Subject to approval by the office of the secretary, the Indiana
Association of Area Agencies on Aging, in collaboration with the
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University of Notre Dame Wilson Sheehan Lab for Economic
Opportunities, shall administer a pilot program established under
this section.
(d) As part of a pilot program established under this section,
Area 7 and Area 9 of the area agencies on aging shall do the
following:
(1) Seek opportunities for:
(A) partnerships with;
(B) grant funding from; and
(C) other resources from;
organizations or entities to supplement available program
funding.
(2) Provide home modification and telehealth enhanced
chronic care services to the number of eligible individuals
sufficient to facilitate the pilot program, as determined by the
University of Notre Dame Wilson Sheehan Lab for Economic
Opportunities.
(e) Not later than November 1, 2026, the University of Notre
Dame Wilson Sheehan Lab for Economic Opportunities shall
prepare and submit a report on the results of a pilot program
established under this section to the legislative council in an
electronic format under IC 5-14-6.
(f) A pilot program established under this section is subject to
available program funding.
(g) This section does not preclude Area 7 or Area 9 of the area
agencies on aging from providing other community and home care
services to an eligible individual participating in the pilot program.
(h) This section expires December 31, 2026.
SECTION 7. IC 12-15-1.3-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 18.5. (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 this article.
(3) A person that has contracted with:
(A) the office of the secretary of family and social services;
or
(B) a managed care organization described in subdivision
(2).
(b) The office may contract with an area agency on aging to
provide and receive reimbursement for a level of care assessment
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for the following:
(1) The health and wellness Medicaid waiver.
(2) The traumatic brain injury Medicaid waiver.
SECTION 8. IC 12-15-12.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 12.5. Managed Care for the Aging
Sec. 1. As used in this chapter, "area agency" means an area
agency on aging designated by the bureau of aging and in-home
services under IC 12-10-1-4.
Sec. 2. As used in this chapter, "covered population" means all
Medicaid recipients who meet the criteria set forth in section 4 of
this chapter.
Sec. 3. As used in this chapter, "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 this article.
(3) A person that has contracted with:
(A) the office of the secretary of family and social services;
or
(B) a managed care organization described in subdivision
(2).
Sec. 4. An individual is a member of the covered population if
the individual:
(1) is eligible to participate in the federal Medicare program
(42 U.S.C. 1395 et seq.) and receives nursing facility services;
or
(2) is:
(A) at least sixty (60) years of age;
(B) blind, aged, or disabled; and
(C) receiving services through one (1) of the following:
(i) The aged and disabled Medicaid waiver.
(ii) A risk based managed care program for aged, blind,
or disabled individuals who are not eligible to participate
in the federal Medicare program.
(iii) The state Medicaid plan.
Sec. 5. The office may contract with an area agency to:
(1) provide; and
(2) receive reimbursement for;
a level of care assessment for the risk based managed care
program for the covered population through an area agency's
aging and disability resource center.
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SECTION 9. An emergency is declared for this act.
HEA 1391 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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