Introduced Version
SENATE BILL No. 206
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-17; IC 34-30-2.1.
Synopsis: Hyperbaric oxygen treatment program. Requires the Indiana
department of veterans' affairs to establish and administer a hyperbaric
oxygen treatment program (program) to make grants to certain
providers to provide diagnostic testing and hyperbaric oxygen
treatment to qualified service members. Establishes program
requirements. Requires the Indiana department of health to: (1) issue
a request for proposals to offer treatment under the program; and (2)
adopt rules to implement these provisions, including rules concerning
program eligibility, treatment plan requirements, criteria for approving
payments for treatment, and confidentiality. Provides that funding for
the program is paid from the military family relief fund. Makes
conforming amendments related to the sunset of the hyperbaric oxygen
treatment pilot program.
Effective: July 1, 2025.
Tomes
January 8, 2025, read first time and referred to Committee on Veterans Affairs and The
Military.
2025 IN 206—LS 6288/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 206
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-17-12-0.7, AS AMENDED BY P.L.61-2023,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 0.7. The purpose of the fund established in section
4 8 of this chapter is to provide:
5 (1) short term financial assistance to families of qualified service
6 members; and
7 (2) funding for hyperbaric oxygen treatment for qualified
8 service members under IC 10-17-16.
9 SECTION 2. IC 10-17-12-8, AS AMENDED BY P.L.42-2020,
10 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 8. (a) The military family relief fund is established
12 to provide:
13 (1) short term assistance with food, housing, utilities, medical
14 services, basic transportation, child care, education, employment
15 or workforce, and other essential family support expenses that
16 have become difficult to afford for qualified service members or
17 dependents of qualified service members; and
2025 IN 206—LS 6288/DI 147 2
1 (2) funding for hyperbaric oxygen treatment for qualified
2 service members under IC 10-17-16.
3 (b) Except as provided in section 9 of this chapter, the department
4 shall expend the money in the fund exclusively to provide grants for
5 assistance and funding as described in subsection (a).
6 (c) The department shall give priority to applications for grants
7 from the fund for assistance from the fund described in subsection
8 (a)(1) to qualified service members or dependents of qualified service
9 members who have never received a grant under this chapter.
10 (d) Subject to the approval of the budget agency, the commission
11 shall establish the maximum total dollar amount of grants for
12 assistance described in subsection (a)(1) that may be expended in a
13 state fiscal year. Once the maximum total dollar amount of grants that
14 may be expended in a state fiscal year is reached, no additional grants
15 may be authorized until the start of the following state fiscal year.
16 (e) The director shall each year provide a report to the budget
17 committee concerning the grant program under this chapter.
18 (f) A qualified service member or the qualified service member's
19 dependent may be eligible to receive assistance described in
20 subsection (a)(1) from the fund.
21 (g) The commission shall administer the fund.
22 SECTION 3. IC 10-17-12-10, AS AMENDED BY P.L.53-2021,
23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 10. (a) The commission shall adopt rules under
25 IC 4-22-2 for the provision of grants for short term financial
26 assistance under this chapter. Subject to subsection (b), the rules
27 adopted under this section must address the following:
28 (1) Uniform need determination procedures.
29 (2) Eligibility criteria, including income eligibility standards,
30 asset limit eligibility standards, and other standards concerning
31 when assistance may be provided.
32 (3) Application procedures.
33 (4) Selection procedures.
34 (5) A consideration of the extent to which an individual has used
35 assistance available from other assistance programs before
36 assistance may be provided to the individual from the fund.
37 (6) Other areas in which the commission determines that rules are
38 necessary to ensure the uniform administration of the grant
39 program under this chapter.
40 (b) The following apply to grants awarded under this chapter:
41 (1) The income eligibility standards must be based on the federal
42 gross income of the qualified service member and the qualified
2025 IN 206—LS 6288/DI 147 3
1 service member's spouse.
2 (2) An employee of the department who is otherwise eligible for
3 a grant from the fund must submit the employee's application
4 directly to the commission for review. The department shall have
5 no influence in any part of the employee's application.
6 (3) Except as provided in IC 10-17-16, the maximum amount a
7 qualified service member may receive from the fund is two
8 thousand five hundred dollars ($2,500), unless a higher amount
9 is approved by the commission.
10 (4) The commission may consider the following in its analysis of
11 the applicant's request for assistance in excess of two thousand
12 five hundred dollars ($2,500):
13 (A) The department's eligibility determination of the applicant.
14 (B) Facts considered in the department's need determination
15 review and award under 915 IAC 3-6-3 and 915 IAC 3-6-5.
16 (C) The circumstances surrounding the applicant's hardship,
17 if applicable.
18 (D) Any substantive changes in the applicant's financial
19 situation after the original application was submitted.
20 (E) Facts that may have been unknown or unavailable at the
21 time of the applicant's original application for assistance.
22 (F) Other compelling circumstances that may justify assistance
23 in excess of the two thousand five hundred dollar ($2,500)
24 threshold.
25 (5) The commission shall approve or deny within sixty (60) days
26 an application for a grant filed with the commission after June 30,
27 2019, by an employee of the department. The commission shall
28 return an incomplete application with a notation as to omissions.
29 The return of an incomplete application shall be without
30 prejudice.
31 SECTION 4. IC 10-17-13.5-4, AS AMENDED BY P.L.61-2023,
32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 4. (a) The department may make grants to
34 qualified entities to be used for the purpose of providing services to
35 veterans, including the following:
36 (1) Programs focused on eliminating homelessness, preventing
37 near term homelessness, and providing safe and secure living
38 conditions.
39 (2) Assisting veterans in moving from public housing assistance
40 programs to:
41 (A) home ownership; or
42 (B) stable, long term rental status.
2025 IN 206—LS 6288/DI 147 4
1 A grant under this chapter for the purpose specified in clause (B)
2 may include up to nine (9) months of rental assistance.
3 (3) Assisting veterans in finding and using available federal and
4 state resources.
5 (4) Providing therapeutic services.
6 (5) Providing job training and job search assistance.
7 (6) Preventing veteran suicide.
8 (b) The department may make grants to the provider chosen by the
9 Indiana department of health under section 6 of this chapter to be used
10 for the purpose of providing assistance to the provider to provide
11 diagnostic testing and hyperbaric oxygen treatment to veterans
12 receiving treatment under the pilot program established under section
13 6 of this chapter. However, a grant under this chapter may not be
14 awarded for the purposes specified in this subsection unless the Indiana
15 department of health has adopted the rules required by section 6(g) of
16 this chapter. In addition, a grant may not be awarded for the purposes
17 specified in this subsection after the expiration of the pilot program
18 established under section 6 of this chapter.
19 SECTION 5. IC 10-17-13.5-7 IS REPEALED [EFFECTIVE JULY
20 1, 2025]. Sec. 7. A provider under section 6 of this chapter, including
21 a physician who supervises treatment, is immune from civil and
22 criminal liability for an act or omission relating to the use of hyperbaric
23 oxygen treatment to treat a veteran under the pilot program, unless the
24 act or omission constitutes gross negligence or willful or wanton
25 misconduct.
26 SECTION 6. IC 10-17-16 IS ADDED TO THE INDIANA CODE
27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]:
29 Chapter 16. Hyperbaric Oxygen Treatment Program
30 Sec. 1. As used in this chapter, "department" refers to the
31 Indiana department of veterans' affairs.
32 Sec. 2. As used in this chapter, "hyperbaric oxygen treatment"
33 means treatment for traumatic brain injury or posttraumatic
34 stress disorder that is ordered by a health care provider and
35 delivered in a hyperbaric chamber.
36 Sec. 3. As used in this chapter, "program" refers to the
37 hyperbaric oxygen treatment program established under section
38 5 of this chapter.
39 Sec. 4. As used in this chapter, "qualified service member" has
40 the meaning set forth in IC 10-17-12-7.5.
41 Sec. 5. (a) The department shall establish and administer a
42 hyperbaric oxygen treatment program to make grants to each
2025 IN 206—LS 6288/DI 147 5
1 provider approved by the Indiana department of health to provide
2 diagnostic testing and hyperbaric oxygen treatment to a qualified
3 service member.
4 (b) Subject to section 9 of this chapter, a provider approved by
5 the Indiana department of health to provide hyperbaric oxygen
6 treatment must meet the criteria and requirements established by
7 the Indiana department of health under section 10 of this chapter.
8 (c) Funding for the program shall be provided from the military
9 family relief fund under IC 10-17-12.
10 Sec. 6. The Indiana department of health shall issue a request
11 for proposals within Indiana to offer treatment under the program.
12 Sec. 7. A qualified service member is eligible to begin treatment
13 if the service related event that caused the traumatic brain injury
14 or posttraumatic stress disorder is documented by a licensed
15 physician.
16 Sec. 8. (a) A qualified service member shall not be required to
17 pay a copayment.
18 (b) Except as provided in subsection (c), a qualified service
19 member may not receive more than forty (40) one (1) hour
20 hyperbaric oxygen treatment sessions.
21 (c) A qualified service member may receive additional
22 hyperbaric oxygen treatment sessions if:
23 (1) the qualified service member's treating provider submits
24 a written request for additional treatment to the department
25 stating that the qualified service member will benefit from the
26 additional treatment; and
27 (2) the request described in subdivision (1) is approved by the
28 department.
29 A qualified service member may not receive more than forty (40)
30 additional one (1) hour sessions under this subsection.
31 Sec. 9. (a) A grant under the program may be provided only to
32 the provider approved by the Indiana department of health to
33 provide diagnostic testing and hyperbaric oxygen treatment to
34 qualified service members.
35 (b) A provider who treats a qualified service member under this
36 chapter may not bill for the cost of services above a rate that
37 exceeds the reimbursement rate for the services determined by the
38 Indiana department of health.
39 (c) The amount of a grant awarded to a provider under this
40 chapter must be based on the reimbursement rate determined by
41 the Indiana department of health under subsection (b).
42 Sec. 10. The Indiana department of health, after consulting with
2025 IN 206—LS 6288/DI 147 6
1 the department, shall adopt rules under IC 4-22-2 to implement
2 this chapter, including standards for the following:
3 (1) Determination by a provider that a qualified service
4 member is eligible for participation in the program.
5 (2) Determination by the Indiana department of health that a
6 provider is eligible to participate in the program, including:
7 (A) a requirement that the provider must maintain
8 compliance with applicable fire codes, treatment protocols,
9 and Indiana department of health oversight; and
10 (B) other facility standards determined by the Indiana
11 department of health.
12 (3) Treatment plan requirements, including the following:
13 (A) A provider's submission to the Indiana department of
14 health, before providing hyperbaric oxygen treatment to a
15 qualified service member, of a treatment plan that
16 includes:
17 (i) a health care provider's prescription for hyperbaric
18 oxygen treatment;
19 (ii) verification by the provider that the qualified service
20 member is eligible for participation in the program and
21 voluntarily accepts treatment through the program;
22 (iii) an estimate of the cost of the qualified service
23 member's treatment; and
24 (iv) any other information required by the Indiana
25 department of health.
26 (B) A reasonable time frame for:
27 (i) approval or disapproval by the Indiana department of
28 health of a treatment plan described in clause (A); and
29 (ii) notice to the provider of approval or disapproval of
30 the treatment plan.
31 (C) Contingent on sufficient funding available, approval of
32 each treatment plan that meets the requirements
33 established by the Indiana department of health under this
34 chapter.
35 (D) The sources of funding for the estimated treatment cost
36 for each qualified service member whose treatment plan is
37 approved under this chapter.
38 (4) Criteria for approval of payment for treatment that has
39 been verified by the Indiana department of health to have
40 been provided under a treatment plan approved under
41 subdivision (3), including:
42 (A) whether a drug or device used in the treatment plan
2025 IN 206—LS 6288/DI 147 7
1 has been approved for any purpose by the federal Food
2 and Drug Administration; and
3 (B) verification of the qualified service member receiving
4 the treatment, as demonstrated through:
5 (i) billing documentation from the provider of the
6 hyperbaric oxygen therapy treatments; or
7 (ii) attendance documentation signed by the provider
8 and treatment recipient attesting to the receipt of the
9 prescribed treatments.
10 (5) Confidentiality of all individually identifiable patient
11 information of a qualified service member. However, subject
12 to the requirements of the federal Health Insurance
13 Portability and Accountability Act and any other applicable
14 medical record laws, all data and information from which the
15 identity of an individual qualified service member cannot be
16 reasonably ascertained must be available to the general
17 assembly, participating institutional review boards,
18 participating health care providers, medical researchers, and
19 other governmental agencies.
20 Sec. 11. A provider, including a physician who supervises
21 treatment, is immune from civil and criminal liability for an act or
22 omission relating to the use of hyperbaric oxygen treatment to
23 treat a qualified service member under this chapter unless the act
24 or omission constitutes gross negligence or willful or wanton
25 misconduct.
26 Sec. 12. Each provider shall quarterly file a status report
27 concerning the services provided by the provider under the
28 program with the following:
29 (1) The department.
30 (2) The Indiana department of health.
31 SECTION 7. IC 34-30-2.1-126 IS REPEALED [EFFECTIVE JULY
32 1, 2025]. Sec. 126. IC 10-17-13.5-7 (Concerning health care providers
33 that provide hyperbaric oxygen, and physicians who supervise
34 treatment, under the pilot program).
35 SECTION 8. IC 34-30-2.1-126.5 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 126.5. IC 10-17-16-11
38 (Concerning health care providers that provide hyperbaric oxygen,
39 and physicians who supervise treatment, under the program).
2025 IN 206—LS 6288/DI 147