Indiana 2025 Regular Session

Indiana Senate Bill SB0449 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 449
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-27-2.
7	7	Synopsis: Health care service provider employees. Requires a home
8	8	health agency or personal services agency to run a criminal background
9	9	check on certain employees on an annual basis. Increases the judgment
10	10	against a home health agency or personal services agency when an
11	11	employee who has been convicted of a crime prohibiting the
12	12	individual's employment by the home health agency or personal
13	13	services agency provides care that results in the death of a patient or
14	14	client.
15	15	Effective: July 1, 2025.
16	16	Goode
17	17	January 13, 2025, read first time and referred to Committee on Health and Provider
18	18	Services.
19	19	2025 IN 449—LS 7283/DI 104 Introduced
20	20	First Regular Session of the 124th General Assembly (2025)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2024 Regular Session of the General Assembly.
30	30	SENATE BILL No. 449
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	health.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
35	35	2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), a
37	37	4 person who operates a home health agency under IC 16-27-1 or a
38	38	5 personal services agency under IC 16-27-4 may not employ a person to
39	39	6 provide services in a patient's or client's temporary or permanent
40	40	7 residence if that person's national criminal history background check
41	41	8 or expanded criminal history check indicates that the person has been
42	42	9 convicted of any of the following:
43	43	10 (1) Rape (IC 35-42-4-1).
44	44	11 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
45	45	12 (3) Exploitation of an endangered adult (IC 35-46-1-12).
46	46	13 (4) Failure to report battery, neglect, or exploitation of an
47	47	14 endangered adult (IC 35-46-1-13).
48	48	15 (5) Theft (IC 35-43-4), if the conviction for theft occurred less
49	49	16 than ten (10) years before the person's employment application
50	50	17 date.
51	51	2025 IN 449—LS 7283/DI 104 2
52	52	1 A home health agency or personal services agency shall complete
53	53	2 a national criminal history background check or expanded
54	54	3 criminal history check at least annually on each employee who
55	55	4 provides services in the temporary or permanent residence of a
56	56	5 patient or client.
57	57	6 (b) A home health agency or personal services agency may not
58	58	7 employ a person to provide services in a patient's or client's temporary
59	59	8 or permanent residence for more than twenty-one (21) calendar days
60	60	9 without receipt of that person's national criminal history background
61	61	10 check or expanded criminal history check required by section 4 of this
62	62	11 chapter, unless the state police department, the Federal Bureau of
63	63	12 Investigation under IC 10-13-3-39, or the private agency providing the
64	64	13 expanded criminal history check is responsible for failing to provide
65	65	14 the person's national criminal history background check or expanded
66	66	15 criminal history check to the home health agency or personal services
67	67	16 agency within the time required under this subsection.
68	68	17 SECTION 2. IC 16-27-2-7, AS AMENDED BY P.L.212-2005,
69	69	18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
70	70	19 JULY 1, 2025]: Sec. 7. A person who:
71	71	20 (1) operates a home health agency or personal services agency;
72	72	21 and
73	73	22 (2) violates section 4 or 5 of this chapter;
74	74	23 commits a Class A infraction. However, notwithstanding
75	75	24 IC 34-28-5-4(a), a judgment of two hundred fifty thousand dollars
76	76	25 ($250,000) shall be imposed when the employee of a home health
77	77	26 agency or personal services agency who has been convicted of a
78	78	27 crime described in section 5(a) of this chapter and employed in
79	79	28 violation of section 5 of this chapter provides care that results in
80	80	29 the death of a patient or client.
81	81	2025 IN 449—LS 7283/DI 104