Indiana 2025 Regular Session

Indiana House Bill HB1689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1689.1
	2	+	April 4, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1689
	5	+	_____
	6	+	DIGEST OF HB 1689 (Updated April 2, 2025 1:10 pm - DI 104)
	7	+	Citations Affected: IC 12-7; IC 12-11; IC 12-15; IC 16-39; IC 34-30;
	8	+	IC 35-52; noncode.
	9	+	Synopsis: Human services matters. Provides that provisions of law
	10	+	concerning the statewide waiver ombudsman apply to an individual
	11	+	who has a disability and receives services administered by the bureau
	12	+	of disabilities services. (Current law specifies that these provisions
	13	+	apply to an individual who has a developmental disability and receives
	14	+	services under the federal home and community based services
	15	+	program.) Specifies that these provisions do not apply to an individual
	16	+	served by the long term care ombudsman program. Changes references
	17	+	from "statewide waiver ombudsman" to "statewide bureau of
	18	+	disabilities services ombudsman". Requires the office of the secretary
	19	+	of family and social services (office of the secretary) to prepare an
	20	+	annual report on the provision of Medicaid home and community based
	21	+	waiver services. Specifies the information that must be included in the
	22	+	report. Requires the office of the secretary to provide to the division of
	23	+	disability and rehabilitative services advisory council a report on the
	24	+	office of the secretary's plans to provide services to individuals who
	25	+	require extraordinary care.
	26	+	Effective: Upon passage; July 1, 2025.
	27	+	Clere, Porter, Behning, Pryor
	28	+	(SENATE SPONSORS — GOODE, FORD J.D., DEERY, YODER,
	29	+	QADDOURA)
	30	+	January 21, 2025, read first time and referred to Committee on Public Health.
	31	+	February 4, 2025, amended, reported — Do Pass.
	32	+	February 6, 2025, read second time, ordered engrossed.
	33	+	February 7, 2025, engrossed.
	34	+	February 10, 2025, read third time, passed. Yeas 92, nays 0.
	35	+	SENATE ACTION
	36	+	March 3, 2025, read first time and referred to Committee on Health and Provider Services.
	37	+	April 3, 2025, amended, reported favorably — Do Pass.
	38	+	EH 1689—LS 7675/DI 147 April 4, 2025
1	39		First Regular Session of the 124th General Assembly (2025)
2	40		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	41		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	42		additions will appear in this style type, and deletions will appear in this style type.
5	43		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	44		provision adopted), the text of the new provision will appear in this style type. Also, the
7	45		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	46		a new provision to the Indiana Code or the Indiana Constitution.
9	47		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	48		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1689
12		-	AN ACT to amend the Indiana Code concerning human services.
	49	+	ENGROSSED
	50	+	HOUSE BILL No. 1689
	51	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	52	+	human services.
13	53		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-7-2-135.3 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 135.3. (a)
16		-	"Ombudsman", for purposes of IC 12-10-13, has the meaning set forth
17		-	in IC 12-10-13-4.5.
18		-	(b) "Ombudsman", for purposes of IC 12-11-13, has the
19		-	meaning set forth in IC 12-11-13-2.
20		-	SECTION 2. IC 12-7-2-149.1, AS AMENDED BY P.L.10-2019,
21		-	SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22		-	JULY 1, 2025]: Sec. 149.1. "Provider" means the following:
23		-	(1) For purposes of IC 12-10-7, the meaning set forth in
24		-	IC 12-10-7-3.
25		-	(2) For purposes of the following statutes, an individual, a
26		-	partnership, a corporation, or a governmental entity that is
27		-	enrolled in the Medicaid program under rules adopted under
28		-	IC 4-22-2 by the office of Medicaid policy and planning:
29		-	(A) IC 12-14-1 through IC 12-14-8.
30		-	(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
31		-	IC 12-15-34.
32		-	(C) IC 12-17.6.
33		-	(3) Except as provided in subdivisions (4) and (6), for purposes
34		-	of IC 12-17.2, a person who operates a child care center or child
35		-	care home under IC 12-17.2.
36		-	HEA 1689 — CC 1 2
37		-	(4) For purposes of IC 12-17.2-3.5, a person that:
38		-	(A) provides child care; and
39		-	(B) is directly paid for the provision of the child care under the
40		-	federal Child Care and Development Fund voucher program
41		-	administered under 45 CFR 98 and 45 CFR 99.
42		-	The term does not include an individual who provides services to
43		-	a person described in clauses (A) and (B), regardless of whether
44		-	the individual receives compensation.
45		-	(5) For purposes of IC 12-21-1 through IC 12-29-2, an
46		-	organization:
47		-	(A) that:
48		-	(i) provides mental health services, as defined under 42
49		-	U.S.C. 300x-2(c);
50		-	(ii) provides addiction services; or
51		-	(iii) provides children's mental health services;
52		-	(B) that has entered into a provider agreement with the
53		-	division of mental health and addiction under IC 12-21-2-7 to
54		-	provide services in the least restrictive, most appropriate
55		-	setting; and
56		-	(C) that is operated by one (1) of the following:
57		-	(i) A city, town, county, or other political subdivision of the
58		-	state.
59		-	(ii) An agency of the state or of the United States.
60		-	(iii) A political subdivision of another state.
61		-	(iv) A hospital owned or operated by a unit of government
62		-	or a building authority that is organized for the purpose of
63		-	constructing facilities to be leased to units of government.
64		-	(v) A corporation incorporated under IC 23-7-1.1 (before its
65		-	repeal August 1, 1991) or IC 23-17.
66		-	(vi) An organization that is exempt from federal income
67		-	taxation under Section 501(c)(3) of the Internal Revenue
68		-	Code.
69		-	(vii) A university or college.
70		-	(6) For purposes of IC 12-17.2-2-10, the following:
71		-	(A) A person described in subdivision (4).
72		-	(B) A child care center licensed under IC 12-17.2-4.
73		-	(C) A child care home licensed under IC 12-17.2-5.
74		-	(7) For purposes of IC 12-11-13, an authorized provider entity
75		-	that delivers services administered by the bureau of
76		-	disabilities services.
77		-	SECTION 3. IC 12-11-13-1 IS AMENDED TO READ AS
78		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
79		-	HEA 1689 — CC 1 3
80		-	provided in subsection (b), this chapter applies only to an individual
81		-	who:
82		-	(1) has a developmental disability; and
83		-	(2) receives services under a waiver under the federal home and
84		-	community based services program. administered by the
85		-	bureau.
86		-	(b) This chapter does not apply to an individual served by the
87		-	long term care ombudsman program established under
88		-	IC 12-10-13.
89		-	SECTION 4. IC 12-11-13-2 IS AMENDED TO READ AS
90		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
91		-	chapter, "ombudsman" refers to the statewide waiver bureau of
92		-	disabilities services ombudsman established by section 3 of this
93		-	chapter. The term includes individuals approved to act in the capacity
94		-	of ombudsmen by the statewide waiver bureau of disabilities services
95		-	ombudsman.
96		-	SECTION 5. IC 12-11-13-3 IS AMENDED TO READ AS
97		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. The statewide waiver
98		-	bureau of disabilities services ombudsman position is established
99		-	within the division.
100		-	SECTION 6. IC 12-11-13-7 IS AMENDED TO READ AS
101		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An ombudsman
102		-	must be provided access to the following:
103		-	(1) An individual described in section 1 of this chapter.
104		-	(2) An entity that provides waiver services to an individual
105		-	described in section 1 of this chapter.
106		-	(3) Records of an individual described in section 1 of this chapter,
107		-	including records held by an entity that provides services to the
108		-	individual.
109		-	(4) If an individual described in section 1 of this chapter is
110		-	incapable of giving consent, as determined by the attending
111		-	physician or as otherwise determined under state law, the name,
112		-	address, and telephone number of the individual's legal
113		-	representative.
114		-	Except as provided in subsections (c) and (d), the ombudsman must
115		-	obtain consent under subsection (b) before having access to the records
116		-	described in subdivision (3).
117		-	(b) Consent to have access to an individual's records shall be given
118		-	in one (1) of the following forms:
119		-	(1) In writing by the individual.
120		-	(2) Orally by the individual in the presence of a witness.
121		-	(3) In writing by the legal representative of the individual if:
122		-	HEA 1689 — CC 1 4
123		-	(A) the individual is incapable of giving consent, as
124		-	determined by the attending physician or as otherwise
125		-	determined under state law; and
126		-	(B) the legal representative has the authority to give consent.
127		-	(c) If consent to have access to an individual's records cannot be
128		-	obtained under subsection (b), an ombudsman may inspect the records
129		-	of the individual if the individual is incapable of giving consent, as
130		-	determined by the attending physician or as otherwise determined
131		-	under state law, and:
132		-	(1) has no legal representative;
133		-	(2) has a legal representative but the legal representative cannot
134		-	be contacted within three (3) days; or
135		-	(3) has a legal representative but the legal representative does not
136		-	have the authority to give consent to have access to the records.
137		-	(d) If an ombudsman has:
138		-	(1) been denied access to an individual's records by the
139		-	individual's legal representative;
140		-	(2) reasonable cause to believe that the individual's legal
141		-	representative is not acting in the best interests of the individual;
142		-	and
143		-	(3) received written approval from the state ombudsman;
144		-	the ombudsman may inspect the records of the individual.
145		-	SECTION 7. IC 12-11-13-8 IS AMENDED TO READ AS
146		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. A provider of waiver
147		-	services or an employee of a provider of waiver services is immune
148		-	from:
149		-	(1) civil or criminal liability; and
150		-	(2) actions taken under a professional disciplinary procedure;
151		-	for the release or disclosure of records to the ombudsman under this
152		-	chapter.
153		-	SECTION 8. IC 12-11-13-10, AS AMENDED BY P.L.99-2007,
154		-	SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155		-	JULY 1, 2025]: Sec. 10. The ombudsman shall do the following:
156		-	(1) Promote effective coordination among the following:
157		-	(A) Programs that provide legal services for individuals with
158		-	a developmental disability.
159		-	(B) The division.
160		-	(C) Providers of waiver services to individuals with
161		-	developmental disabilities.
162		-	(D) Providers of other necessary or appropriate services.
163		-	(2) Ensure that the identity of an individual described in section
164		-	1 of this chapter will not be disclosed without:
165		-	HEA 1689 — CC 1 5
166		-	(A) the individual's written consent; or
167		-	(B) a court order.
168		-	SECTION 9. IC 12-11-13-15 IS AMENDED TO READ AS
169		-	FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. The division shall:
170		-	(1) establish a statewide toll free telephone line continuously open
171		-	to receive complaints regarding individuals described in section
172		-	1 of this chapter; and
173		-	(2) forward all complaints received from the toll free telephone
174		-	line to the statewide waiver ombudsman.
175		-	SECTION 10. IC 12-15-1-14.5 IS ADDED TO THE INDIANA
176		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
177		-	[EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) The office of the
178		-	secretary shall prepare a report on the provision of Medicaid
179		-	services, including Medicaid home and community based waiver
180		-	services, to recipients who have medically complex conditions. The
181		-	report must include the following, categorized by whether the
182		-	recipient was less than, or at least, eighteen (18) years of age:
183		-	(1) The number of recipients, by county, who received
184		-	Medicaid services through:
185		-	(A) the state plan;
186		-	(B) a Medicaid waiver; or
187		-	(C) services under both clause (A) and (B);
188		-	(2) A list of the specific services provided to the recipients, by
189		-	county, and the number of recipients who received each
190		-	service.
191		-	(3) The median length of time recipients have received
192		-	Medicaid, by county, through the following:
193		-	(A) The state plan.
194		-	(B) A Medicaid waiver.
195		-	(C) Services under both clause (A) and (B).
196		-	(b) Not later than September 1, 2025, and each September 1
197		-	thereafter, the office of the secretary shall submit the report
198		-	described in subsection (a) to the following:
199		-	(1) The Medicaid advisory commission, established by
200		-	IC 12-15-33-2.
201		-	(2) The Medicaid oversight committee, in an electronic format
202		-	under IC 5-14-6.
203		-	(3) The budget committee.
204		-	(4) The legislative council, in an electronic format under
205		-	IC 5-14-6.
206		-	(5) The division of disability and rehabilitative services
207		-	advisory council established under IC 12-9-4.
208		-	HEA 1689 — CC 1 6
209		-	(c) The division of disability and rehabilitative services advisory
210		-	council established under IC 12-9-4 shall provide the following
211		-	recommendations to the division of disability and rehabilitative
212		-	services to ensure the delivery of appropriate high quality services
213		-	to recipients, including an evaluation of models of care for complex
214		-	care assistants used in other states:
215		-	(1) The potential benefits and risks to recipients and family
216		-	caregivers.
217		-	(2) Training and certification requirements.
218		-	(3) Implementation challenges and strategies to address the
219		-	challenges.
220		-	(4) Any potential fiscal impact of implementing a complex
221		-	care assistant program in Indiana.
222		-	SECTION 11. IC 16-39-2-6, AS AMENDED BY HEA 1457-2025,
223		-	SECTION 14, AND AS AMENDED BY HEA 1474-2025, SECTION
224		-	43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
225		-	2025]: Sec. 6. (a) Without the consent of the patient, the patient's
226		-	mental health record may only be disclosed as follows:
227		-	(1) To individuals who meet the following conditions:
228		-	(A) Are employed by:
229		-	(i) the provider at the same facility or agency;
230		-	(ii) a managed care provider (as defined in IC 12-7-2-127);
231		-	or
232		-	(iii) a health care provider or mental health care provider, if
233		-	the mental health records are needed to provide health care
234		-	or mental health services to the patient.
235		-	(B) Are involved in the planning, provision, and monitoring of
236		-	services.
237		-	(2) To the extent necessary to obtain payment for services
238		-	rendered or other benefits to which the patient may be entitled, as
239		-	provided in IC 16-39-5-3.
240		-	(3) To the patient's court appointed counsel and to the Indiana
241		-	protection and advocacy services commission.
242		-	(4) For research conducted in accordance with IC 16-39-5-3 and
243		-	the rules of the division of mental health and addiction, the rules
244		-	of the division of disability and rehabilitative services, the rules
245		-	of the provider, or the rules of the Indiana archives and records
246		-	administration and the oversight committee on public records.
247		-	(5) To the division of mental health and addiction for the purpose
248		-	of data collection, research, and monitoring managed care
249		-	providers (as defined in IC 12-7-2-127) who are operating under
250		-	a contract with the division of mental health and addiction.
251		-	HEA 1689 — CC 1 7
252		-	(6) To the extent necessary to make reports or give testimony
253		-	required by the statutes pertaining to admissions, transfers,
254		-	discharges, and guardianship proceedings.
255		-	(7) To a law enforcement agency if any of the following
256		-	conditions are met:
257		-	(A) A patient escapes from a facility to which the patient is
258		-	committed under IC 12-26.
259		-	(B) The superintendent of the facility determines that failure
260		-	to provide the information may result in bodily harm to the
261		-	patient or another individual.
262		-	(C) A patient commits or threatens to commit a crime on
263		-	facility premises or against facility personnel.
264		-	(D) A patient is in the custody of a law enforcement officer or
265		-	agency for any reason and:
266		-	(i) the information to be released is limited to medications
267		-	currently prescribed for the patient or to the patient's history
268		-	of adverse medication reactions; and
269		-	(ii) the provider determines that the release of the
270		-	medication information will assist in protecting the health,
271		-	safety, or welfare of the patient.
272		-	Mental health records released under this clause must be
273		-	maintained in confidence by the law enforcement agency
274		-	receiving them.
275		-	(8) To a coroner or medical examiner, in the performance of the
276		-	individual's duties.
277		-	(9) To a school in which the patient is enrolled if the
278		-	superintendent of the facility determines that the information will
279		-	assist the school in meeting educational needs of the patient.
280		-	(10) To the extent necessary to satisfy reporting requirements
281		-	under the following statutes:
282		-	(A) IC 12-10-3-10.
283		-	(B) IC 12-24-17-5.
284		-	(C) IC 16-41-2-3.
285		-	(D) IC 16-49-3-3.
286		-	(E) IC 16-49-4-5.
287		-	(F) IC 16-49-6-6.
288		-	(G) IC 16-49.5-2-6.
289		-	(H) IC 16-50-1-8.
290		-	(I) IC 31-25-3-2.
291		-	(J) IC 31-33-5-4.
292		-	(K) IC 34-30-16-2.
293		-	(L) IC 35-46-1-13.
294		-	HEA 1689 — CC 1 8
295		-	(11) To the extent necessary to satisfy release of information
296		-	requirements under the following statutes:
297		-	(A) IC 12-24-11-2.
298		-	(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
299		-	(C) IC 12-26-11.
300		-	(12) To another health care provider in a health care emergency.
301		-	(13) For legitimate business purposes as described in
302		-	IC 16-39-5-3.
303		-	(14) Under a court order under IC 16-39-3.
304		-	(15) With respect to records from a mental health or
305		-	developmental disability facility, to the United States Secret
306		-	Service if the following conditions are met:
307		-	(A) The request does not apply to alcohol or drug abuse
308		-	records described in 42 U.S.C. 290dd-2 unless authorized by
309		-	a court order under 42 U.S.C. 290dd-2(b)(2)(c).
310		-	(B) The request relates to the United States Secret Service's
311		-	protective responsibility and investigative authority under 18
312		-	U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
313		-	(C) The request specifies an individual patient.
314		-	(D) The director or superintendent of the facility determines
315		-	that disclosure of the mental health record may be necessary
316		-	to protect a person under the protection of the United States
317		-	Secret Service from serious bodily injury or death.
318		-	(E) The United States Secret Service agrees to only use the
319		-	mental health record information for investigative purposes
320		-	and not disclose the information publicly.
321		-	(F) The mental health record information disclosed to the
322		-	United States Secret Service includes only:
323		-	(i) the patient's name, age, and address;
324		-	(ii) the date of the patient's admission to or discharge from
325		-	the facility; and
326		-	(iii) any information that indicates whether or not the patient
327		-	has a history of violence or presents a danger to the person
328		-	under protection.
329		-	(16) To the statewide waiver bureau of disabilities services
330		-	ombudsman established under IC 12-11-13, in the performance
331		-	of the ombudsman's duties.
332		-	(b) If a licensed mental health professional, a licensed paramedic,
333		-	a representative of a mobile integrated healthcare program (as
334		-	described in IC 16-31-12), or a representative of a mental health
335		-	community paramedicine program in the course of rendering a
336		-	treatment intervention, determines that a patient may be a harm to
337		-	HEA 1689 — CC 1 9
338		-	himself or herself or others, the licensed mental health professional, the
339		-	licensed paramedic, the representative of the mobile integrated
340		-	healthcare program (as described in IC 16-31-12), or the representative
341		-	of the mental health community paramedicine program may request a
342		-	patient's individualized mental health safety plan from a psychiatric
343		-	crisis center, psychiatric inpatient unit, or psychiatric residential
344		-	treatment provider. Each psychiatric crisis center, psychiatric inpatient
345		-	unit, and psychiatric residential treatment provider shall, upon request
346		-	and without the consent of the patient, share a patient's individualized
347		-	mental health safety plan that is in the standard format established by
348		-	the division of mental health and addiction under IC 12-21-5-6 with the
349		-	following individuals who demonstrate proof of licensure and commit
350		-	to protecting the information in compliance with state and federal
351		-	privacy laws:
352		-	(1) A licensed mental health professional.
353		-	(2) A licensed paramedic.
354		-	(3) A representative of a mobile integrated healthcare program (as
355		-	described in IC 16-31-12).
356		-	(4) A representative of a mental health community paramedicine
357		-	program.
358		-	An individualized mental health safety plan disclosed under this
359		-	subsection may be used only to support a patient's welfare and safety
360		-	and is considered otherwise confidential information under applicable
361		-	state and federal laws.
362		-	(c) After information is disclosed under subsection (a)(15) and if the
363		-	patient is evaluated to be dangerous, the records shall be interpreted in
364		-	consultation with a licensed mental health professional on the staff of
365		-	the United States Secret Service.
366		-	(d) A person who discloses information under subsection (a)(7),
367		-	(a)(15), or (b) in good faith is immune from civil and criminal liability.
368		-	SECTION 12. IC 34-30-2.1-137, AS ADDED BY P.L.105-2022,
369		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
370		-	JULY 1, 2025]: Sec. 137. IC 12-11-13-8 (Concerning disclosure of
371		-	records to the statewide waiver bureau of disabilities services
372		-	ombudsman by providers of waiver services and employees of
373		-	providers).
374		-	SECTION 13. IC 34-30-2.1-138, AS ADDED BY P.L.105-2022,
375		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
376		-	JULY 1, 2025]: Sec. 138. IC 12-11-13-12 (Concerning the statewide
377		-	waiver bureau of disabilities services ombudsman).
378		-	SECTION 14. IC 35-52-12-2, AS ADDED BY P.L.169-2014,
379		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
380		-	HEA 1689 — CC 1 10
381		-	JULY 1, 2025]: Sec. 2. IC 12-11-13-16 defines a crime concerning
382		-	statewide waiver bureau of disabilities services ombudsman.
383		-	SECTION 15. [EFFECTIVE UPON PASSAGE] (a) As used in this
384		-	SECTION, "advisory council" refers to the division of disability
385		-	and rehabilitative services advisory council established under
386		-	IC 12-9-4.
	54	+	1 SECTION 1. IC 12-7-2-135.3 IS AMENDED TO READ AS
	55	+	2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 135.3. (a)
	56	+	3 "Ombudsman", for purposes of IC 12-10-13, has the meaning set forth
	57	+	4 in IC 12-10-13-4.5.
	58	+	5 (b) "Ombudsman", for purposes of IC 12-11-13, has the
	59	+	6 meaning set forth in IC 12-11-13-2.
	60	+	7 SECTION 2. IC 12-7-2-149.1, AS AMENDED BY P.L.10-2019,
	61	+	8 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	62	+	9 JULY 1, 2025]: Sec. 149.1. "Provider" means the following:
	63	+	10 (1) For purposes of IC 12-10-7, the meaning set forth in
	64	+	11 IC 12-10-7-3.
	65	+	12 (2) For purposes of the following statutes, an individual, a
	66	+	13 partnership, a corporation, or a governmental entity that is
	67	+	14 enrolled in the Medicaid program under rules adopted under
	68	+	15 IC 4-22-2 by the office of Medicaid policy and planning:
	69	+	16 (A) IC 12-14-1 through IC 12-14-8.
	70	+	17 (B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
	71	+	EH 1689—LS 7675/DI 147 2
	72	+	1 IC 12-15-34.
	73	+	2 (C) IC 12-17.6.
	74	+	3 (3) Except as provided in subdivisions (4) and (6), for purposes
	75	+	4 of IC 12-17.2, a person who operates a child care center or child
	76	+	5 care home under IC 12-17.2.
	77	+	6 (4) For purposes of IC 12-17.2-3.5, a person that:
	78	+	7 (A) provides child care; and
	79	+	8 (B) is directly paid for the provision of the child care under the
	80	+	9 federal Child Care and Development Fund voucher program
	81	+	10 administered under 45 CFR 98 and 45 CFR 99.
	82	+	11 The term does not include an individual who provides services to
	83	+	12 a person described in clauses (A) and (B), regardless of whether
	84	+	13 the individual receives compensation.
	85	+	14 (5) For purposes of IC 12-21-1 through IC 12-29-2, an
	86	+	15 organization:
	87	+	16 (A) that:
	88	+	17 (i) provides mental health services, as defined under 42
	89	+	18 U.S.C. 300x-2(c);
	90	+	19 (ii) provides addiction services; or
	91	+	20 (iii) provides children's mental health services;
	92	+	21 (B) that has entered into a provider agreement with the
	93	+	22 division of mental health and addiction under IC 12-21-2-7 to
	94	+	23 provide services in the least restrictive, most appropriate
	95	+	24 setting; and
	96	+	25 (C) that is operated by one (1) of the following:
	97	+	26 (i) A city, town, county, or other political subdivision of the
	98	+	27 state.
	99	+	28 (ii) An agency of the state or of the United States.
	100	+	29 (iii) A political subdivision of another state.
	101	+	30 (iv) A hospital owned or operated by a unit of government
	102	+	31 or a building authority that is organized for the purpose of
	103	+	32 constructing facilities to be leased to units of government.
	104	+	33 (v) A corporation incorporated under IC 23-7-1.1 (before its
	105	+	34 repeal August 1, 1991) or IC 23-17.
	106	+	35 (vi) An organization that is exempt from federal income
	107	+	36 taxation under Section 501(c)(3) of the Internal Revenue
	108	+	37 Code.
	109	+	38 (vii) A university or college.
	110	+	39 (6) For purposes of IC 12-17.2-2-10, the following:
	111	+	40 (A) A person described in subdivision (4).
	112	+	41 (B) A child care center licensed under IC 12-17.2-4.
	113	+	42 (C) A child care home licensed under IC 12-17.2-5.
	114	+	EH 1689—LS 7675/DI 147 3
	115	+	1 (7) For purposes of IC 12-11-13, an authorized provider entity
	116	+	2 that delivers services administered by the bureau of
	117	+	3 disabilities services.
	118	+	4 SECTION 3. IC 12-11-13-1 IS AMENDED TO READ AS
	119	+	5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
	120	+	6 provided in subsection (b), this chapter applies only to an individual
	121	+	7 who:
	122	+	8 (1) has a developmental disability; and
	123	+	9 (2) receives services under a waiver under the federal home and
	124	+	10 community based services program. administered by the
	125	+	11 bureau.
	126	+	12 (b) This chapter does not apply to an individual served by the
	127	+	13 long term care ombudsman program established under
	128	+	14 IC 12-10-13.
	129	+	15 SECTION 4. IC 12-11-13-2 IS AMENDED TO READ AS
	130	+	16 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
	131	+	17 chapter, "ombudsman" refers to the statewide waiver bureau of
	132	+	18 disabilities services ombudsman established by section 3 of this
	133	+	19 chapter. The term includes individuals approved to act in the capacity
	134	+	20 of ombudsmen by the statewide waiver bureau of disabilities services
	135	+	21 ombudsman.
	136	+	22 SECTION 5. IC 12-11-13-3 IS AMENDED TO READ AS
	137	+	23 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. The statewide waiver
	138	+	24 bureau of disabilities services ombudsman position is established
	139	+	25 within the division.
	140	+	26 SECTION 6. IC 12-11-13-7 IS AMENDED TO READ AS
	141	+	27 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An ombudsman
	142	+	28 must be provided access to the following:
	143	+	29 (1) An individual described in section 1 of this chapter.
	144	+	30 (2) An entity that provides waiver services to an individual
	145	+	31 described in section 1 of this chapter.
	146	+	32 (3) Records of an individual described in section 1 of this chapter,
	147	+	33 including records held by an entity that provides services to the
	148	+	34 individual.
	149	+	35 (4) If an individual described in section 1 of this chapter is
	150	+	36 incapable of giving consent, as determined by the attending
	151	+	37 physician or as otherwise determined under state law, the name,
	152	+	38 address, and telephone number of the individual's legal
	153	+	39 representative.
	154	+	40 Except as provided in subsections (c) and (d), the ombudsman must
	155	+	41 obtain consent under subsection (b) before having access to the records
	156	+	42 described in subdivision (3).
	157	+	EH 1689—LS 7675/DI 147 4
	158	+	1 (b) Consent to have access to an individual's records shall be given
	159	+	2 in one (1) of the following forms:
	160	+	3 (1) In writing by the individual.
	161	+	4 (2) Orally by the individual in the presence of a witness.
	162	+	5 (3) In writing by the legal representative of the individual if:
	163	+	6 (A) the individual is incapable of giving consent, as
	164	+	7 determined by the attending physician or as otherwise
	165	+	8 determined under state law; and
	166	+	9 (B) the legal representative has the authority to give consent.
	167	+	10 (c) If consent to have access to an individual's records cannot be
	168	+	11 obtained under subsection (b), an ombudsman may inspect the records
	169	+	12 of the individual if the individual is incapable of giving consent, as
	170	+	13 determined by the attending physician or as otherwise determined
	171	+	14 under state law, and:
	172	+	15 (1) has no legal representative;
	173	+	16 (2) has a legal representative but the legal representative cannot
	174	+	17 be contacted within three (3) days; or
	175	+	18 (3) has a legal representative but the legal representative does not
	176	+	19 have the authority to give consent to have access to the records.
	177	+	20 (d) If an ombudsman has:
	178	+	21 (1) been denied access to an individual's records by the
	179	+	22 individual's legal representative;
	180	+	23 (2) reasonable cause to believe that the individual's legal
	181	+	24 representative is not acting in the best interests of the individual;
	182	+	25 and
	183	+	26 (3) received written approval from the state ombudsman;
	184	+	27 the ombudsman may inspect the records of the individual.
	185	+	28 SECTION 7. IC 12-11-13-8 IS AMENDED TO READ AS
	186	+	29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. A provider of waiver
	187	+	30 services or an employee of a provider of waiver services is immune
	188	+	31 from:
	189	+	32 (1) civil or criminal liability; and
	190	+	33 (2) actions taken under a professional disciplinary procedure;
	191	+	34 for the release or disclosure of records to the ombudsman under this
	192	+	35 chapter.
	193	+	36 SECTION 8. IC 12-11-13-10, AS AMENDED BY P.L.99-2007,
	194	+	37 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	195	+	38 JULY 1, 2025]: Sec. 10. The ombudsman shall do the following:
	196	+	39 (1) Promote effective coordination among the following:
	197	+	40 (A) Programs that provide legal services for individuals with
	198	+	41 a developmental disability.
	199	+	42 (B) The division.
	200	+	EH 1689—LS 7675/DI 147 5
	201	+	1 (C) Providers of waiver services to individuals with
	202	+	2 developmental disabilities.
	203	+	3 (D) Providers of other necessary or appropriate services.
	204	+	4 (2) Ensure that the identity of an individual described in section
	205	+	5 1 of this chapter will not be disclosed without:
	206	+	6 (A) the individual's written consent; or
	207	+	7 (B) a court order.
	208	+	8 SECTION 9. IC 12-11-13-15 IS AMENDED TO READ AS
	209	+	9 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. The division shall:
	210	+	10 (1) establish a statewide toll free telephone line continuously open
	211	+	11 to receive complaints regarding individuals described in section
	212	+	12 1 of this chapter; and
	213	+	13 (2) forward all complaints received from the toll free telephone
	214	+	14 line to the statewide waiver ombudsman.
	215	+	15 SECTION 10. IC 12-15-1-14.5 IS ADDED TO THE INDIANA
	216	+	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
	217	+	17 [EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) The office of the
	218	+	18 secretary shall prepare a report on the provision of Medicaid home
	219	+	19 and community based waiver services to recipients who have
	220	+	20 medically complex conditions, including the following:
	221	+	21 (1) The number of recipients who received services
	222	+	22 categorized by recipients:
	223	+	23 (A) less than; and
	224	+	24 (B) at least;
	225	+	25 eighteen (18) years of age.
	226	+	26 (2) The county of residence of each recipient who received
	227	+	27 services.
	228	+	28 (3) The specific Medicaid state plan or Medicaid home and
	229	+	29 community based waiver services used.
	230	+	30 (4) A list of approved services that are not fully utilized by the
	231	+	31 recipients.
	232	+	32 (5) Any reason the services described in subdivision (4) are
	233	+	33 not fully utilized.
	234	+	34 (6) The cost of providing services categorized by:
	235	+	35 (A) the type of service; and
	236	+	36 (B) a recipient's medical diagnosis or condition, if known.
	237	+	37 (7) Outcomes and performance metrics, including quality of
	238	+	38 care.
	239	+	39 (8) Recommendations to ensure the delivery of appropriate
	240	+	40 high quality services to recipients, including the following:
	241	+	41 (A) An evaluation of models of care for complex care
	242	+	42 assistants utilized in other states, including the cost
	243	+	EH 1689—LS 7675/DI 147 6
	244	+	1 effectiveness and outcomes.
	245	+	2 (B) The feasibility of establishing a complex care assistant
	246	+	3 program in Indiana.
	247	+	4 (C) An analysis of the complex care assistant program
	248	+	5 described in clause (B), including:
	249	+	6 (i) potential benefits and risks to recipients and family
	250	+	7 caregivers;
	251	+	8 (ii) anticipated fiscal impact;
	252	+	9 (iii) training and certification requirements; and
	253	+	10 (iv) implementation challenges and strategies to address
	254	+	11 the challenges.
	255	+	12 (b) In developing the recommendations described in subsection
	256	+	13 (a)(8), the office of the secretary shall consult with the office of
	257	+	14 Medicaid policy and planning.
	258	+	15 (c) Not later than September 1, 2025, and each September 1
	259	+	16 thereafter, the office of the secretary shall submit the report
	260	+	17 described in subsection (a) to the following:
	261	+	18 (1) The Medicaid advisory commission, established by
	262	+	19 IC 12-15-33-2.
	263	+	20 (2) The Medicaid oversight committee, in an electronic format
	264	+	21 under IC 5-14-6.
	265	+	22 (3) The state budget committee.
	266	+	23 (4) The legislative council, in an electronic format under
	267	+	24 IC 5-14-6.
	268	+	25 SECTION 11. IC 16-39-2-6, AS AMENDED BY P.L.137-2021,
	269	+	26 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	270	+	27 JULY 1, 2025]: Sec. 6. (a) Without the consent of the patient, the
	271	+	28 patient's mental health record may only be disclosed as follows:
	272	+	29 (1) To individuals who meet the following conditions:
	273	+	30 (A) Are employed by:
	274	+	31 (i) the provider at the same facility or agency;
	275	+	32 (ii) a managed care provider (as defined in IC 12-7-2-127);
	276	+	33 or
	277	+	34 (iii) a health care provider or mental health care provider, if
	278	+	35 the mental health records are needed to provide health care
	279	+	36 or mental health services to the patient.
	280	+	37 (B) Are involved in the planning, provision, and monitoring of
	281	+	38 services.
	282	+	39 (2) To the extent necessary to obtain payment for services
	283	+	40 rendered or other benefits to which the patient may be entitled, as
	284	+	41 provided in IC 16-39-5-3.
	285	+	42 (3) To the patient's court appointed counsel and to the Indiana
	286	+	EH 1689—LS 7675/DI 147 7
	287	+	1 protection and advocacy services commission.
	288	+	2 (4) For research conducted in accordance with IC 16-39-5-3 and
	289	+	3 the rules of the division of mental health and addiction, the rules
	290	+	4 of the division of disability and rehabilitative services, the rules
	291	+	5 of the provider, or the rules of the Indiana archives and records
	292	+	6 administration and the oversight committee on public records.
	293	+	7 (5) To the division of mental health and addiction for the purpose
	294	+	8 of data collection, research, and monitoring managed care
	295	+	9 providers (as defined in IC 12-7-2-127) who are operating under
	296	+	10 a contract with the division of mental health and addiction.
	297	+	11 (6) To the extent necessary to make reports or give testimony
	298	+	12 required by the statutes pertaining to admissions, transfers,
	299	+	13 discharges, and guardianship proceedings.
	300	+	14 (7) To a law enforcement agency if any of the following
	301	+	15 conditions are met:
	302	+	16 (A) A patient escapes from a facility to which the patient is
	303	+	17 committed under IC 12-26.
	304	+	18 (B) The superintendent of the facility determines that failure
	305	+	19 to provide the information may result in bodily harm to the
	306	+	20 patient or another individual.
	307	+	21 (C) A patient commits or threatens to commit a crime on
	308	+	22 facility premises or against facility personnel.
	309	+	23 (D) A patient is in the custody of a law enforcement officer or
	310	+	24 agency for any reason and:
	311	+	25 (i) the information to be released is limited to medications
	312	+	26 currently prescribed for the patient or to the patient's history
	313	+	27 of adverse medication reactions; and
	314	+	28 (ii) the provider determines that the release of the
	315	+	29 medication information will assist in protecting the health,
	316	+	30 safety, or welfare of the patient.
	317	+	31 Mental health records released under this clause must be
	318	+	32 maintained in confidence by the law enforcement agency
	319	+	33 receiving them.
	320	+	34 (8) To a coroner or medical examiner, in the performance of the
	321	+	35 individual's duties.
	322	+	36 (9) To a school in which the patient is enrolled if the
	323	+	37 superintendent of the facility determines that the information will
	324	+	38 assist the school in meeting educational needs of the patient.
	325	+	39 (10) To the extent necessary to satisfy reporting requirements
	326	+	40 under the following statutes:
	327	+	41 (A) IC 12-10-3-10.
	328	+	42 (B) IC 12-24-17-5.
	329	+	EH 1689—LS 7675/DI 147 8
	330	+	1 (C) IC 16-41-2-3.
	331	+	2 (D) IC 16-50-1-8.
	332	+	3 (E) IC 31-25-3-2.
	333	+	4 (F) IC 31-33-5-4.
	334	+	5 (G) IC 34-30-16-2.
	335	+	6 (H) IC 35-46-1-13.
	336	+	7 (11) To the extent necessary to satisfy release of information
	337	+	8 requirements under the following statutes:
	338	+	9 (A) IC 12-24-11-2.
	339	+	10 (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
	340	+	11 (C) IC 12-26-11.
	341	+	12 (12) To another health care provider in a health care emergency.
	342	+	13 (13) For legitimate business purposes as described in
	343	+	14 IC 16-39-5-3.
	344	+	15 (14) Under a court order under IC 16-39-3.
	345	+	16 (15) With respect to records from a mental health or
	346	+	17 developmental disability facility, to the United States Secret
	347	+	18 Service if the following conditions are met:
	348	+	19 (A) The request does not apply to alcohol or drug abuse
	349	+	20 records described in 42 U.S.C. 290dd-2 unless authorized by
	350	+	21 a court order under 42 U.S.C. 290dd-2(b)(2)(c).
	351	+	22 (B) The request relates to the United States Secret Service's
	352	+	23 protective responsibility and investigative authority under 18
	353	+	24 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
	354	+	25 (C) The request specifies an individual patient.
	355	+	26 (D) The director or superintendent of the facility determines
	356	+	27 that disclosure of the mental health record may be necessary
	357	+	28 to protect a person under the protection of the United States
	358	+	29 Secret Service from serious bodily injury or death.
	359	+	30 (E) The United States Secret Service agrees to only use the
	360	+	31 mental health record information for investigative purposes
	361	+	32 and not disclose the information publicly.
	362	+	33 (F) The mental health record information disclosed to the
	363	+	34 United States Secret Service includes only:
	364	+	35 (i) the patient's name, age, and address;
	365	+	36 (ii) the date of the patient's admission to or discharge from
	366	+	37 the facility; and
	367	+	38 (iii) any information that indicates whether or not the patient
	368	+	39 has a history of violence or presents a danger to the person
	369	+	40 under protection.
	370	+	41 (16) To the statewide waiver bureau of disabilities services
	371	+	42 ombudsman established under IC 12-11-13, in the performance
	372	+	EH 1689—LS 7675/DI 147 9
	373	+	1 of the ombudsman's duties.
	374	+	2 (b) If a licensed mental health professional, a licensed paramedic,
	375	+	3 a representative of a mobile integrated healthcare program (as
	376	+	4 described in IC 16-31-12), or a representative of a mental health
	377	+	5 community paramedicine program in the course of rendering a
	378	+	6 treatment intervention, determines that a patient may be a harm to
	379	+	7 himself or herself or others, the licensed mental health professional, the
	380	+	8 licensed paramedic, the representative of the mobile integrated
	381	+	9 healthcare program (as described in IC 16-31-12), or the representative
	382	+	10 of the mental health community paramedicine program may request a
	383	+	11 patient's individualized mental health safety plan from a psychiatric
	384	+	12 crisis center, psychiatric inpatient unit, or psychiatric residential
	385	+	13 treatment provider. Each psychiatric crisis center, psychiatric inpatient
	386	+	14 unit, and psychiatric residential treatment provider shall, upon request
	387	+	15 and without the consent of the patient, share a patient's individualized
	388	+	16 mental health safety plan that is in the standard format established by
	389	+	17 the division of mental health and addiction under IC 12-21-5-6 with the
	390	+	18 following individuals who demonstrate proof of licensure and commit
	391	+	19 to protecting the information in compliance with state and federal
	392	+	20 privacy laws:
	393	+	21 (1) A licensed mental health professional.
	394	+	22 (2) A licensed paramedic.
	395	+	23 (3) A representative of a mobile integrated healthcare program (as
	396	+	24 described in IC 16-31-12).
	397	+	25 (4) A representative of a mental health community paramedicine
	398	+	26 program.
	399	+	27 An individualized mental health safety plan disclosed under this
	400	+	28 subsection may be used only to support a patient's welfare and safety
	401	+	29 and is considered otherwise confidential information under applicable
	402	+	30 state and federal laws.
	403	+	31 (c) After information is disclosed under subsection (a)(15) and if the
	404	+	32 patient is evaluated to be dangerous, the records shall be interpreted in
	405	+	33 consultation with a licensed mental health professional on the staff of
	406	+	34 the United States Secret Service.
	407	+	35 (d) A person who discloses information under subsection (a)(7),
	408	+	36 (a)(15), or (b) in good faith is immune from civil and criminal liability.
	409	+	37 SECTION 12. IC 34-30-2.1-137, AS ADDED BY P.L.105-2022,
	410	+	38 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	411	+	39 JULY 1, 2025]: Sec. 137. IC 12-11-13-8 (Concerning disclosure of
	412	+	40 records to the statewide waiver bureau of disabilities services
	413	+	41 ombudsman by providers of waiver services and employees of
	414	+	42 providers).
	415	+	EH 1689—LS 7675/DI 147 10
	416	+	1 SECTION 13. IC 34-30-2.1-138, AS ADDED BY P.L.105-2022,
	417	+	2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	418	+	3 JULY 1, 2025]: Sec. 138. IC 12-11-13-12 (Concerning the statewide
	419	+	4 waiver bureau of disabilities services ombudsman).
	420	+	5 SECTION 14. IC 35-52-12-2, AS ADDED BY P.L.169-2014,
	421	+	6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	422	+	7 JULY 1, 2025]: Sec. 2. IC 12-11-13-16 defines a crime concerning
	423	+	8 statewide waiver bureau of disabilities services ombudsman.
	424	+	9 SECTION 15. [EFFECTIVE UPON PASSAGE] (a) As used in this
	425	+	10 SECTION, "advisory council" refers to the division of disability
	426	+	11 and rehabilitative services advisory council established under
	427	+	12 IC 12-9-4.
	428	+	13 (b) As used in this SECTION, "office" refers to the office of the
	429	+	14 secretary of family and social services established by IC 12-8-1.5-1.
	430	+	15 (c) The office shall provide to the advisory council a report, at
	431	+	16 the advisory council's meetings, on the office's plan to provide
	432	+	17 services to individuals who require extraordinary care as follows:
	433	+	18 (1) Not later than June 1, 2025, the office shall:
	434	+	19 (A) present to the advisory council the office's proposed:
	435	+	20 (i) definition of "extraordinary care"; and
	436	+	21 (ii) method for determining whether an individual
	437	+	22 requires extraordinary care; and
	438	+	23 (B) receive feedback from the advisory council on the
	439	+	24 proposals described in clause (A).
	440	+	25 (2) Not later than July 1, 2025, the office shall:
	441	+	26 (A) present to the advisory council the office's proposed
	442	+	27 Medicaid waiver amendment for the provision of services
	443	+	28 for individuals who require extraordinary care, including
	444	+	29 any information in the proposed amendment concerning:
	445	+	30 (i) a structured family caregiving service arrangement;
	446	+	31 or
	447	+	32 (ii) reimbursement for the provision of services by
	448	+	33 legally responsible individuals; and
	449	+	34 (B) receive feedback from the advisory council on the
	450	+	35 proposed amendment described in clause (A).
	451	+	36 (3) Not later than August 1, 2025, the office shall present to
	452	+	37 the advisory council any changes the office made to the
	453	+	38 proposed amendment described in subdivision (2)(A) based on
	454	+	39 feedback from:
	455	+	40 (A) the advisory council; and
	456	+	41 (B) public comments.
	457	+	42 (d) At least five (5) days before each meeting described in
	458	+	EH 1689—LS 7675/DI 147 11
	459	+	1 subsection (c), the office shall provide to the advisory council
	460	+	2 written information the office intends to present at the meeting.
	461	+	3 (e) This SECTION expires July 1, 2026.
	462	+	4 SECTION 16. An emergency is declared for this act.
	463	+	EH 1689—LS 7675/DI 147 12
	464	+	COMMITTEE REPORT
	465	+	Mr. Speaker: Your Committee on Public Health, to which was
	466	+	referred House Bill 1689, has had the same under consideration and
	467	+	begs leave to report the same back to the House with the
	468	+	recommendation that said bill be amended as follows:
	469	+	Page 6, delete lines 25 through 42.
	470	+	Delete page 7.
	471	+	Page 8, delete lines 1 through 37.
	472	+	Page 12, after line 21, begin a new paragraph and insert:
	473	+	"SECTION 15. [EFFECTIVE UPON PASSAGE] (a) As used in
	474	+	this SECTION, "advisory council" refers to the division of
	475	+	disability and rehabilitative services advisory council established
	476	+	under IC 12-9-4.
387	477		(b) As used in this SECTION, "office" refers to the office of the
388	478		secretary of family and social services established by IC 12-8-1.5-1.
389	479		(c) The office shall provide to the advisory council a report, at
390		-	an advisory council meeting, on the office's plan to provide services
391		-	to individuals who require extraordinary care as follows:
392		-	(1) Not later than ninety (90) days before the office requests
393		-	approval from the United States Department of Health and
394		-	Human Services for an amendment to a Medicaid home and
395		-	community based services waiver concerning these services,
396		-	the office shall:
	480	+	the advisory council's meetings, on the office's plan to provide
	481	+	services to individuals who require extraordinary care as follows:
	482	+	(1) Not later than June 1, 2025, the office shall:
397	483		(A) present to the advisory council the office's proposed:
398	484		(i) definition of "extraordinary care"; and
399	485		(ii) method for determining whether an individual
400	486		requires extraordinary care; and
401	487		(B) receive feedback from the advisory council on the
402	488		proposals described in clause (A).
403		-	(2) Not later than sixty (60) days before the office requests
404		-	approval from the United States Department of Health and
405		-	Human Services for an amendment to a Medicaid home and
406		-	community based services waiver involving these services, the
407		-	office shall:
	489	+	(2) Not later than July 1, 2025, the office shall:
408	490		(A) present to the advisory council the office's proposed
409	491		Medicaid waiver amendment for the provision of services
410	492		for individuals who require extraordinary care, including
411	493		any information in the proposed amendment concerning:
412	494		(i) a structured family caregiving service arrangement;
413	495		or
414	496		(ii) reimbursement for the provision of services by
415	497		legally responsible individuals; and
416	498		(B) receive feedback from the advisory council on the
417	499		proposed amendment described in clause (A).
418		-	(3) Not later than thirty (30) days before the office requests
419		-	approval from the United States Department of Health and
420		-	Human Services for an amendment to a Medicaid home and
421		-	community based services waiver involving these services, the
422		-	office shall present to the advisory council any changes the
423		-	HEA 1689 — CC 1 11
424		-	office made to the proposed amendment described in
425		-	subdivision (2)(A) based on feedback from:
	500	+	(3) Not later than August 1, 2025, the office shall present to
	501	+	the advisory council any changes the office made to the
	502	+	proposed amendment described in subdivision (2)(A) based on
	503	+	feedback from:
426	504		(A) the advisory council; and
427	505		(B) public comments.
	506	+	EH 1689—LS 7675/DI 147 13
428	507		(d) At least five (5) days before each meeting described in
429	508		subsection (c), the office shall provide to the advisory council
430	509		written information the office intends to present at the meeting.
431	510		(e) This SECTION expires July 1, 2026.
432		-	SECTION 16. An emergency is declared for this act.
433		-	HEA 1689 — CC 1 Speaker of the House of Representatives
434		-	President of the Senate
435		-	President Pro Tempore
436		-	Governor of the State of Indiana
437		-	Date: Time:
438		-	HEA 1689 — CC 1
	511	+	SECTION 16. An emergency is declared for this act.".
	512	+	Renumber all SECTIONS consecutively.
	513	+	and when so amended that said bill do pass.
	514	+	(Reference is to HB 1689 as introduced.)
	515	+	BARRETT
	516	+	Committee Vote: yeas 12, nays 0.
	517	+	_____
	518	+	COMMITTEE REPORT
	519	+	Mr. President: The Senate Committee on Health and Provider
	520	+	Services, to which was referred House Bill No. 1689, has had the same
	521	+	under consideration and begs leave to report the same back to the
	522	+	Senate with the recommendation that said bill be AMENDED as
	523	+	follows:
	524	+	Page 3, line 8, strike "developmental".
	525	+	Page 5, line 2, strike "developmental".
	526	+	and when so amended that said bill do pass.
	527	+	(Reference is to HB 1689 as printed February 4, 2025.)
	528	+	CHARBONNEAU, Chairperson
	529	+	Committee Vote: Yeas 12, Nays 0.
	530	+	EH 1689—LS 7675/DI 147