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Indiana Senate Bill SB0206

Indiana 2025 Regular Session

Indiana Senate Bill SB0206 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 206
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 10-17; IC 34-30-2.1.
77 Synopsis: Hyperbaric oxygen treatment program. Requires the Indiana
88 department of veterans' affairs to establish and administer a hyperbaric
99 oxygen treatment program (program) to make grants to certain
1010 providers to provide diagnostic testing and hyperbaric oxygen
1111 treatment to qualified service members. Establishes program
1212 requirements. Requires the Indiana department of health to: (1) issue
1313 a request for proposals to offer treatment under the program; and (2)
1414 adopt rules to implement these provisions, including rules concerning
1515 program eligibility, treatment plan requirements, criteria for approving
1616 payments for treatment, and confidentiality. Provides that funding for
1717 the program is paid from the military family relief fund. Makes
1818 conforming amendments related to the sunset of the hyperbaric oxygen
1919 treatment pilot program.
2020 Effective: July 1, 2025.
2121 Tomes
2222 January 8, 2025, read first time and referred to Committee on Veterans Affairs and The
2323 Military.
2424 2025 IN 206—LS 6288/DI 147 Introduced
2525 First Regular Session of the 124th General Assembly (2025)
2626 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2727 Constitution) is being amended, the text of the existing provision will appear in this style type,
2828 additions will appear in this style type, and deletions will appear in this style type.
2929 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3030 provision adopted), the text of the new provision will appear in this style type. Also, the
3131 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3232 a new provision to the Indiana Code or the Indiana Constitution.
3333 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3434 between statutes enacted by the 2024 Regular Session of the General Assembly.
3535 SENATE BILL No. 206
3636 A BILL FOR AN ACT to amend the Indiana Code concerning
3737 public safety.
3838 Be it enacted by the General Assembly of the State of Indiana:
3939 1 SECTION 1. IC 10-17-12-0.7, AS AMENDED BY P.L.61-2023,
4040 2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4141 3 JULY 1, 2025]: Sec. 0.7. The purpose of the fund established in section
4242 4 8 of this chapter is to provide:
4343 5 (1) short term financial assistance to families of qualified service
4444 6 members; and
4545 7 (2) funding for hyperbaric oxygen treatment for qualified
4646 8 service members under IC 10-17-16.
4747 9 SECTION 2. IC 10-17-12-8, AS AMENDED BY P.L.42-2020,
4848 10 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4949 11 JULY 1, 2025]: Sec. 8. (a) The military family relief fund is established
5050 12 to provide:
5151 13 (1) short term assistance with food, housing, utilities, medical
5252 14 services, basic transportation, child care, education, employment
5353 15 or workforce, and other essential family support expenses that
5454 16 have become difficult to afford for qualified service members or
5555 17 dependents of qualified service members; and
5656 2025 IN 206—LS 6288/DI 147 2
5757 1 (2) funding for hyperbaric oxygen treatment for qualified
5858 2 service members under IC 10-17-16.
5959 3 (b) Except as provided in section 9 of this chapter, the department
6060 4 shall expend the money in the fund exclusively to provide grants for
6161 5 assistance and funding as described in subsection (a).
6262 6 (c) The department shall give priority to applications for grants
6363 7 from the fund for assistance from the fund described in subsection
6464 8 (a)(1) to qualified service members or dependents of qualified service
6565 9 members who have never received a grant under this chapter.
6666 10 (d) Subject to the approval of the budget agency, the commission
6767 11 shall establish the maximum total dollar amount of grants for
6868 12 assistance described in subsection (a)(1) that may be expended in a
6969 13 state fiscal year. Once the maximum total dollar amount of grants that
7070 14 may be expended in a state fiscal year is reached, no additional grants
7171 15 may be authorized until the start of the following state fiscal year.
7272 16 (e) The director shall each year provide a report to the budget
7373 17 committee concerning the grant program under this chapter.
7474 18 (f) A qualified service member or the qualified service member's
7575 19 dependent may be eligible to receive assistance described in
7676 20 subsection (a)(1) from the fund.
7777 21 (g) The commission shall administer the fund.
7878 22 SECTION 3. IC 10-17-12-10, AS AMENDED BY P.L.53-2021,
7979 23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8080 24 JULY 1, 2025]: Sec. 10. (a) The commission shall adopt rules under
8181 25 IC 4-22-2 for the provision of grants for short term financial
8282 26 assistance under this chapter. Subject to subsection (b), the rules
8383 27 adopted under this section must address the following:
8484 28 (1) Uniform need determination procedures.
8585 29 (2) Eligibility criteria, including income eligibility standards,
8686 30 asset limit eligibility standards, and other standards concerning
8787 31 when assistance may be provided.
8888 32 (3) Application procedures.
8989 33 (4) Selection procedures.
9090 34 (5) A consideration of the extent to which an individual has used
9191 35 assistance available from other assistance programs before
9292 36 assistance may be provided to the individual from the fund.
9393 37 (6) Other areas in which the commission determines that rules are
9494 38 necessary to ensure the uniform administration of the grant
9595 39 program under this chapter.
9696 40 (b) The following apply to grants awarded under this chapter:
9797 41 (1) The income eligibility standards must be based on the federal
9898 42 gross income of the qualified service member and the qualified
9999 2025 IN 206—LS 6288/DI 147 3
100100 1 service member's spouse.
101101 2 (2) An employee of the department who is otherwise eligible for
102102 3 a grant from the fund must submit the employee's application
103103 4 directly to the commission for review. The department shall have
104104 5 no influence in any part of the employee's application.
105105 6 (3) Except as provided in IC 10-17-16, the maximum amount a
106106 7 qualified service member may receive from the fund is two
107107 8 thousand five hundred dollars ($2,500), unless a higher amount
108108 9 is approved by the commission.
109109 10 (4) The commission may consider the following in its analysis of
110110 11 the applicant's request for assistance in excess of two thousand
111111 12 five hundred dollars ($2,500):
112112 13 (A) The department's eligibility determination of the applicant.
113113 14 (B) Facts considered in the department's need determination
114114 15 review and award under 915 IAC 3-6-3 and 915 IAC 3-6-5.
115115 16 (C) The circumstances surrounding the applicant's hardship,
116116 17 if applicable.
117117 18 (D) Any substantive changes in the applicant's financial
118118 19 situation after the original application was submitted.
119119 20 (E) Facts that may have been unknown or unavailable at the
120120 21 time of the applicant's original application for assistance.
121121 22 (F) Other compelling circumstances that may justify assistance
122122 23 in excess of the two thousand five hundred dollar ($2,500)
123123 24 threshold.
124124 25 (5) The commission shall approve or deny within sixty (60) days
125125 26 an application for a grant filed with the commission after June 30,
126126 27 2019, by an employee of the department. The commission shall
127127 28 return an incomplete application with a notation as to omissions.
128128 29 The return of an incomplete application shall be without
129129 30 prejudice.
130130 31 SECTION 4. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
131131 32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132132 33 JULY 1, 2025]: Sec. 4. (a) The department may make grants to
133133 34 qualified entities to be used for the purpose of providing services to
134134 35 veterans, including the following:
135135 36 (1) Programs focused on eliminating homelessness, preventing
136136 37 near term homelessness, and providing safe and secure living
137137 38 conditions.
138138 39 (2) Assisting veterans in moving from public housing assistance
139139 40 programs to:
140140 41 (A) home ownership; or
141141 42 (B) stable, long term rental status.
142142 2025 IN 206—LS 6288/DI 147 4
143143 1 A grant under this chapter for the purpose specified in clause (B)
144144 2 may include up to nine (9) months of rental assistance.
145145 3 (3) Assisting veterans in finding and using available federal and
146146 4 state resources.
147147 5 (4) Providing therapeutic services.
148148 6 (5) Providing job training and job search assistance.
149149 7 (6) Preventing veteran suicide.
150150 8 (b) The department may make grants to the provider chosen by the
151151 9 Indiana department of health under section 6 of this chapter to be used
152152 10 for the purpose of providing assistance to the provider to provide
153153 11 diagnostic testing and hyperbaric oxygen treatment to veterans
154154 12 receiving treatment under the pilot program established under section
155155 13 6 of this chapter. However, a grant under this chapter may not be
156156 14 awarded for the purposes specified in this subsection unless the Indiana
157157 15 department of health has adopted the rules required by section 6(g) of
158158 16 this chapter. In addition, a grant may not be awarded for the purposes
159159 17 specified in this subsection after the expiration of the pilot program
160160 18 established under section 6 of this chapter.
161161 19 SECTION 5. IC 10-17-13.5-7 IS REPEALED [EFFECTIVE JULY
162162 20 1, 2025]. Sec. 7. A provider under section 6 of this chapter, including
163163 21 a physician who supervises treatment, is immune from civil and
164164 22 criminal liability for an act or omission relating to the use of hyperbaric
165165 23 oxygen treatment to treat a veteran under the pilot program, unless the
166166 24 act or omission constitutes gross negligence or willful or wanton
167167 25 misconduct.
168168 26 SECTION 6. IC 10-17-16 IS ADDED TO THE INDIANA CODE
169169 27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
170170 28 JULY 1, 2025]:
171171 29 Chapter 16. Hyperbaric Oxygen Treatment Program
172172 30 Sec. 1. As used in this chapter, "department" refers to the
173173 31 Indiana department of veterans' affairs.
174174 32 Sec. 2. As used in this chapter, "hyperbaric oxygen treatment"
175175 33 means treatment for traumatic brain injury or posttraumatic
176176 34 stress disorder that is ordered by a health care provider and
177177 35 delivered in a hyperbaric chamber.
178178 36 Sec. 3. As used in this chapter, "program" refers to the
179179 37 hyperbaric oxygen treatment program established under section
180180 38 5 of this chapter.
181181 39 Sec. 4. As used in this chapter, "qualified service member" has
182182 40 the meaning set forth in IC 10-17-12-7.5.
183183 41 Sec. 5. (a) The department shall establish and administer a
184184 42 hyperbaric oxygen treatment program to make grants to each
185185 2025 IN 206—LS 6288/DI 147 5
186186 1 provider approved by the Indiana department of health to provide
187187 2 diagnostic testing and hyperbaric oxygen treatment to a qualified
188188 3 service member.
189189 4 (b) Subject to section 9 of this chapter, a provider approved by
190190 5 the Indiana department of health to provide hyperbaric oxygen
191191 6 treatment must meet the criteria and requirements established by
192192 7 the Indiana department of health under section 10 of this chapter.
193193 8 (c) Funding for the program shall be provided from the military
194194 9 family relief fund under IC 10-17-12.
195195 10 Sec. 6. The Indiana department of health shall issue a request
196196 11 for proposals within Indiana to offer treatment under the program.
197197 12 Sec. 7. A qualified service member is eligible to begin treatment
198198 13 if the service related event that caused the traumatic brain injury
199199 14 or posttraumatic stress disorder is documented by a licensed
200200 15 physician.
201201 16 Sec. 8. (a) A qualified service member shall not be required to
202202 17 pay a copayment.
203203 18 (b) Except as provided in subsection (c), a qualified service
204204 19 member may not receive more than forty (40) one (1) hour
205205 20 hyperbaric oxygen treatment sessions.
206206 21 (c) A qualified service member may receive additional
207207 22 hyperbaric oxygen treatment sessions if:
208208 23 (1) the qualified service member's treating provider submits
209209 24 a written request for additional treatment to the department
210210 25 stating that the qualified service member will benefit from the
211211 26 additional treatment; and
212212 27 (2) the request described in subdivision (1) is approved by the
213213 28 department.
214214 29 A qualified service member may not receive more than forty (40)
215215 30 additional one (1) hour sessions under this subsection.
216216 31 Sec. 9. (a) A grant under the program may be provided only to
217217 32 the provider approved by the Indiana department of health to
218218 33 provide diagnostic testing and hyperbaric oxygen treatment to
219219 34 qualified service members.
220220 35 (b) A provider who treats a qualified service member under this
221221 36 chapter may not bill for the cost of services above a rate that
222222 37 exceeds the reimbursement rate for the services determined by the
223223 38 Indiana department of health.
224224 39 (c) The amount of a grant awarded to a provider under this
225225 40 chapter must be based on the reimbursement rate determined by
226226 41 the Indiana department of health under subsection (b).
227227 42 Sec. 10. The Indiana department of health, after consulting with
228228 2025 IN 206—LS 6288/DI 147 6
229229 1 the department, shall adopt rules under IC 4-22-2 to implement
230230 2 this chapter, including standards for the following:
231231 3 (1) Determination by a provider that a qualified service
232232 4 member is eligible for participation in the program.
233233 5 (2) Determination by the Indiana department of health that a
234234 6 provider is eligible to participate in the program, including:
235235 7 (A) a requirement that the provider must maintain
236236 8 compliance with applicable fire codes, treatment protocols,
237237 9 and Indiana department of health oversight; and
238238 10 (B) other facility standards determined by the Indiana
239239 11 department of health.
240240 12 (3) Treatment plan requirements, including the following:
241241 13 (A) A provider's submission to the Indiana department of
242242 14 health, before providing hyperbaric oxygen treatment to a
243243 15 qualified service member, of a treatment plan that
244244 16 includes:
245245 17 (i) a health care provider's prescription for hyperbaric
246246 18 oxygen treatment;
247247 19 (ii) verification by the provider that the qualified service
248248 20 member is eligible for participation in the program and
249249 21 voluntarily accepts treatment through the program;
250250 22 (iii) an estimate of the cost of the qualified service
251251 23 member's treatment; and
252252 24 (iv) any other information required by the Indiana
253253 25 department of health.
254254 26 (B) A reasonable time frame for:
255255 27 (i) approval or disapproval by the Indiana department of
256256 28 health of a treatment plan described in clause (A); and
257257 29 (ii) notice to the provider of approval or disapproval of
258258 30 the treatment plan.
259259 31 (C) Contingent on sufficient funding available, approval of
260260 32 each treatment plan that meets the requirements
261261 33 established by the Indiana department of health under this
262262 34 chapter.
263263 35 (D) The sources of funding for the estimated treatment cost
264264 36 for each qualified service member whose treatment plan is
265265 37 approved under this chapter.
266266 38 (4) Criteria for approval of payment for treatment that has
267267 39 been verified by the Indiana department of health to have
268268 40 been provided under a treatment plan approved under
269269 41 subdivision (3), including:
270270 42 (A) whether a drug or device used in the treatment plan
271271 2025 IN 206—LS 6288/DI 147 7
272272 1 has been approved for any purpose by the federal Food
273273 2 and Drug Administration; and
274274 3 (B) verification of the qualified service member receiving
275275 4 the treatment, as demonstrated through:
276276 5 (i) billing documentation from the provider of the
277277 6 hyperbaric oxygen therapy treatments; or
278278 7 (ii) attendance documentation signed by the provider
279279 8 and treatment recipient attesting to the receipt of the
280280 9 prescribed treatments.
281281 10 (5) Confidentiality of all individually identifiable patient
282282 11 information of a qualified service member. However, subject
283283 12 to the requirements of the federal Health Insurance
284284 13 Portability and Accountability Act and any other applicable
285285 14 medical record laws, all data and information from which the
286286 15 identity of an individual qualified service member cannot be
287287 16 reasonably ascertained must be available to the general
288288 17 assembly, participating institutional review boards,
289289 18 participating health care providers, medical researchers, and
290290 19 other governmental agencies.
291291 20 Sec. 11. A provider, including a physician who supervises
292292 21 treatment, is immune from civil and criminal liability for an act or
293293 22 omission relating to the use of hyperbaric oxygen treatment to
294294 23 treat a qualified service member under this chapter unless the act
295295 24 or omission constitutes gross negligence or willful or wanton
296296 25 misconduct.
297297 26 Sec. 12. Each provider shall quarterly file a status report
298298 27 concerning the services provided by the provider under the
299299 28 program with the following:
300300 29 (1) The department.
301301 30 (2) The Indiana department of health.
302302 31 SECTION 7. IC 34-30-2.1-126 IS REPEALED [EFFECTIVE JULY
303303 32 1, 2025]. Sec. 126. IC 10-17-13.5-7 (Concerning health care providers
304304 33 that provide hyperbaric oxygen, and physicians who supervise
305305 34 treatment, under the pilot program).
306306 35 SECTION 8. IC 34-30-2.1-126.5 IS ADDED TO THE INDIANA
307307 36 CODE AS A NEW SECTION TO READ AS FOLLOWS
308308 37 [EFFECTIVE JULY 1, 2025]: Sec. 126.5. IC 10-17-16-11
309309 38 (Concerning health care providers that provide hyperbaric oxygen,
310310 39 and physicians who supervise treatment, under the program).
311311 2025 IN 206—LS 6288/DI 147