First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1689
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 12-7-2-135.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 135.3. (a)
"Ombudsman", for purposes of IC 12-10-13, has the meaning set forth
in IC 12-10-13-4.5.
(b) "Ombudsman", for purposes of IC 12-11-13, has the
meaning set forth in IC 12-11-13-2.
SECTION 2. IC 12-7-2-149.1, AS AMENDED BY P.L.10-2019,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 149.1. "Provider" means the following:
(1) For purposes of IC 12-10-7, the meaning set forth in
IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a
partnership, a corporation, or a governmental entity that is
enrolled in the Medicaid program under rules adopted under
IC 4-22-2 by the office of Medicaid policy and planning:
(A) IC 12-14-1 through IC 12-14-8.
(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
IC 12-15-34.
(C) IC 12-17.6.
(3) Except as provided in subdivisions (4) and (6), for purposes
of IC 12-17.2, a person who operates a child care center or child
care home under IC 12-17.2.
HEA 1689 — CC 1 2
(4) For purposes of IC 12-17.2-3.5, a person that:
(A) provides child care; and
(B) is directly paid for the provision of the child care under the
federal Child Care and Development Fund voucher program
administered under 45 CFR 98 and 45 CFR 99.
The term does not include an individual who provides services to
a person described in clauses (A) and (B), regardless of whether
the individual receives compensation.
(5) For purposes of IC 12-21-1 through IC 12-29-2, an
organization:
(A) that:
(i) provides mental health services, as defined under 42
U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
(B) that has entered into a provider agreement with the
division of mental health and addiction under IC 12-21-2-7 to
provide services in the least restrictive, most appropriate
setting; and
(C) that is operated by one (1) of the following:
(i) A city, town, county, or other political subdivision of the
state.
(ii) An agency of the state or of the United States.
(iii) A political subdivision of another state.
(iv) A hospital owned or operated by a unit of government
or a building authority that is organized for the purpose of
constructing facilities to be leased to units of government.
(v) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(vi) An organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code.
(vii) A university or college.
(6) For purposes of IC 12-17.2-2-10, the following:
(A) A person described in subdivision (4).
(B) A child care center licensed under IC 12-17.2-4.
(C) A child care home licensed under IC 12-17.2-5.
(7) For purposes of IC 12-11-13, an authorized provider entity
that delivers services administered by the bureau of
disabilities services.
SECTION 3. IC 12-11-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) Except as
HEA 1689 — CC 1 3
provided in subsection (b), this chapter applies only to an individual
who:
(1) has a developmental disability; and
(2) receives services under a waiver under the federal home and
community based services program. administered by the
bureau.
(b) This chapter does not apply to an individual served by the
long term care ombudsman program established under
IC 12-10-13.
SECTION 4. IC 12-11-13-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. As used in this
chapter, "ombudsman" refers to the statewide waiver bureau of
disabilities services ombudsman established by section 3 of this
chapter. The term includes individuals approved to act in the capacity
of ombudsmen by the statewide waiver bureau of disabilities services
ombudsman.
SECTION 5. IC 12-11-13-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. The statewide waiver
bureau of disabilities services ombudsman position is established
within the division.
SECTION 6. IC 12-11-13-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 7. (a) An ombudsman
must be provided access to the following:
(1) An individual described in section 1 of this chapter.
(2) An entity that provides waiver services to an individual
described in section 1 of this chapter.
(3) Records of an individual described in section 1 of this chapter,
including records held by an entity that provides services to the
individual.
(4) If an individual described in section 1 of this chapter is
incapable of giving consent, as determined by the attending
physician or as otherwise determined under state law, the name,
address, and telephone number of the individual's legal
representative.
Except as provided in subsections (c) and (d), the ombudsman must
obtain consent under subsection (b) before having access to the records
described in subdivision (3).
(b) Consent to have access to an individual's records shall be given
in one (1) of the following forms:
(1) In writing by the individual.
(2) Orally by the individual in the presence of a witness.
(3) In writing by the legal representative of the individual if:
HEA 1689 — CC 1 4
(A) the individual is incapable of giving consent, as
determined by the attending physician or as otherwise
determined under state law; and
(B) the legal representative has the authority to give consent.
(c) If consent to have access to an individual's records cannot be
obtained under subsection (b), an ombudsman may inspect the records
of the individual if the individual is incapable of giving consent, as
determined by the attending physician or as otherwise determined
under state law, and:
(1) has no legal representative;
(2) has a legal representative but the legal representative cannot
be contacted within three (3) days; or
(3) has a legal representative but the legal representative does not
have the authority to give consent to have access to the records.
(d) If an ombudsman has:
(1) been denied access to an individual's records by the
individual's legal representative;
(2) reasonable cause to believe that the individual's legal
representative is not acting in the best interests of the individual;
and
(3) received written approval from the state ombudsman;
the ombudsman may inspect the records of the individual.
SECTION 7. IC 12-11-13-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. A provider of waiver
services or an employee of a provider of waiver services is immune
from:
(1) civil or criminal liability; and
(2) actions taken under a professional disciplinary procedure;
for the release or disclosure of records to the ombudsman under this
chapter.
SECTION 8. IC 12-11-13-10, AS AMENDED BY P.L.99-2007,
SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. The ombudsman shall do the following:
(1) Promote effective coordination among the following:
(A) Programs that provide legal services for individuals with
a developmental disability.
(B) The division.
(C) Providers of waiver services to individuals with
developmental disabilities.
(D) Providers of other necessary or appropriate services.
(2) Ensure that the identity of an individual described in section
1 of this chapter will not be disclosed without:
HEA 1689 — CC 1 5
(A) the individual's written consent; or
(B) a court order.
SECTION 9. IC 12-11-13-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 15. The division shall:
(1) establish a statewide toll free telephone line continuously open
to receive complaints regarding individuals described in section
1 of this chapter; and
(2) forward all complaints received from the toll free telephone
line to the statewide waiver ombudsman.
SECTION 10. IC 12-15-1-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 14.5. (a) The office of the
secretary shall prepare a report on the provision of Medicaid
services, including Medicaid home and community based waiver
services, to recipients who have medically complex conditions. The
report must include the following, categorized by whether the
recipient was less than, or at least, eighteen (18) years of age:
(1) The number of recipients, by county, who received
Medicaid services through:
(A) the state plan;
(B) a Medicaid waiver; or
(C) services under both clause (A) and (B);
(2) A list of the specific services provided to the recipients, by
county, and the number of recipients who received each
service.
(3) The median length of time recipients have received
Medicaid, by county, through the following:
(A) The state plan.
(B) A Medicaid waiver.
(C) Services under both clause (A) and (B).
(b) Not later than September 1, 2025, and each September 1
thereafter, the office of the secretary shall submit the report
described in subsection (a) to the following:
(1) The Medicaid advisory commission, established by
IC 12-15-33-2.
(2) The Medicaid oversight committee, in an electronic format
under IC 5-14-6.
(3) The budget committee.
(4) The legislative council, in an electronic format under
IC 5-14-6.
(5) The division of disability and rehabilitative services
advisory council established under IC 12-9-4.
HEA 1689 — CC 1 6
(c) The division of disability and rehabilitative services advisory
council established under IC 12-9-4 shall provide the following
recommendations to the division of disability and rehabilitative
services to ensure the delivery of appropriate high quality services
to recipients, including an evaluation of models of care for complex
care assistants used in other states:
(1) The potential benefits and risks to recipients and family
caregivers.
(2) Training and certification requirements.
(3) Implementation challenges and strategies to address the
challenges.
(4) Any potential fiscal impact of implementing a complex
care assistant program in Indiana.
SECTION 11. IC 16-39-2-6, AS AMENDED BY HEA 1457-2025,
SECTION 14, AND AS AMENDED BY HEA 1474-2025, SECTION
43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]: Sec. 6. (a) Without the consent of the patient, the patient's
mental health record may only be disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in IC 12-7-2-127);
or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability and rehabilitative services, the rules
of the provider, or the rules of the Indiana archives and records
administration and the oversight committee on public records.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127) who are operating under
a contract with the division of mental health and addiction.
HEA 1689 — CC 1 7
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of the patient.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 16-49-3-3.
(E) IC 16-49-4-5.
(F) IC 16-49-6-6.
(G) IC 16-49.5-2-6.
(H) IC 16-50-1-8.
(I) IC 31-25-3-2.
(J) IC 31-33-5-4.
(K) IC 34-30-16-2.
(L) IC 35-46-1-13.
HEA 1689 — CC 1 8
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide waiver bureau of disabilities services
ombudsman established under IC 12-11-13, in the performance
of the ombudsman's duties.
(b) If a licensed mental health professional, a licensed paramedic,
a representative of a mobile integrated healthcare program (as
described in IC 16-31-12), or a representative of a mental health
community paramedicine program in the course of rendering a
treatment intervention, determines that a patient may be a harm to
HEA 1689 — CC 1 9
himself or herself or others, the licensed mental health professional, the
licensed paramedic, the representative of the mobile integrated
healthcare program (as described in IC 16-31-12), or the representative
of the mental health community paramedicine program may request a
patient's individualized mental health safety plan from a psychiatric
crisis center, psychiatric inpatient unit, or psychiatric residential
treatment provider. Each psychiatric crisis center, psychiatric inpatient
unit, and psychiatric residential treatment provider shall, upon request
and without the consent of the patient, share a patient's individualized
mental health safety plan that is in the standard format established by
the division of mental health and addiction under IC 12-21-5-6 with the
following individuals who demonstrate proof of licensure and commit
to protecting the information in compliance with state and federal
privacy laws:
(1) A licensed mental health professional.
(2) A licensed paramedic.
(3) A representative of a mobile integrated healthcare program (as
described in IC 16-31-12).
(4) A representative of a mental health community paramedicine
program.
An individualized mental health safety plan disclosed under this
subsection may be used only to support a patient's welfare and safety
and is considered otherwise confidential information under applicable
state and federal laws.
(c) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(d) A person who discloses information under subsection (a)(7),
(a)(15), or (b) in good faith is immune from civil and criminal liability.
SECTION 12. IC 34-30-2.1-137, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 137. IC 12-11-13-8 (Concerning disclosure of
records to the statewide waiver bureau of disabilities services
ombudsman by providers of waiver services and employees of
providers).
SECTION 13. IC 34-30-2.1-138, AS ADDED BY P.L.105-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 138. IC 12-11-13-12 (Concerning the statewide
waiver bureau of disabilities services ombudsman).
SECTION 14. IC 35-52-12-2, AS ADDED BY P.L.169-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1689 — CC 1 10
JULY 1, 2025]: Sec. 2. IC 12-11-13-16 defines a crime concerning
statewide waiver bureau of disabilities services ombudsman.
SECTION 15. [EFFECTIVE UPON PASSAGE] (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, "office" refers to the office of the
secretary of family and social services established by IC 12-8-1.5-1.
(c) The office shall provide to the advisory council a report, at
an advisory council meeting, on the office's plan to provide services
to individuals who require extraordinary care as follows:
(1) Not later than ninety (90) days before the office requests
approval from the United States Department of Health and
Human Services for an amendment to a Medicaid home and
community based services waiver concerning these services,
the office shall:
(A) present to the advisory council the office's proposed:
(i) definition of "extraordinary care"; and
(ii) method for determining whether an individual
requires extraordinary care; and
(B) receive feedback from the advisory council on the
proposals described in clause (A).
(2) Not later than sixty (60) days before the office requests
approval from the United States Department of Health and
Human Services for an amendment to a Medicaid home and
community based services waiver involving these services, the
office shall:
(A) present to the advisory council the office's proposed
Medicaid waiver amendment for the provision of services
for individuals who require extraordinary care, including
any information in the proposed amendment concerning:
(i) a structured family caregiving service arrangement;
or
(ii) reimbursement for the provision of services by
legally responsible individuals; and
(B) receive feedback from the advisory council on the
proposed amendment described in clause (A).
(3) Not later than thirty (30) days before the office requests
approval from the United States Department of Health and
Human Services for an amendment to a Medicaid home and
community based services waiver involving these services, the
office shall present to the advisory council any changes the
HEA 1689 — CC 1 11
office made to the proposed amendment described in
subdivision (2)(A) based on feedback from:
(A) the advisory council; and
(B) public comments.
(d) At least five (5) days before each meeting described in
subsection (c), the office shall provide to the advisory council
written information the office intends to present at the meeting.
(e) This SECTION expires July 1, 2026.
SECTION 16. An emergency is declared for this act.
HEA 1689 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1689 — CC 1