Introduced Version
SENATE BILL No. 449
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-27-2.
Synopsis: Health care service provider employees. Requires a home
health agency or personal services agency to run a criminal background
check on certain employees on an annual basis. Increases the judgment
against a home health agency or personal services agency when an
employee who has been convicted of a crime prohibiting the
individual's employment by the home health agency or personal
services agency provides care that results in the death of a patient or
client.
Effective: July 1, 2025.
Goode
January 13, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 449—LS 7283/DI 104 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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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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.
SENATE BILL No. 449
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-27-2-5, AS AMENDED BY P.L.142-2020,
2 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5. (a) Except as provided in subsection (b), a
4 person who operates a home health agency under IC 16-27-1 or a
5 personal services agency under IC 16-27-4 may not employ a person to
6 provide services in a patient's or client's temporary or permanent
7 residence if that person's national criminal history background check
8 or expanded criminal history check indicates that the person has been
9 convicted of any of the following:
10 (1) Rape (IC 35-42-4-1).
11 (2) Criminal deviate conduct (IC 35-42-4-2) (repealed).
12 (3) Exploitation of an endangered adult (IC 35-46-1-12).
13 (4) Failure to report battery, neglect, or exploitation of an
14 endangered adult (IC 35-46-1-13).
15 (5) Theft (IC 35-43-4), if the conviction for theft occurred less
16 than ten (10) years before the person's employment application
17 date.
2025 IN 449—LS 7283/DI 104 2
1 A home health agency or personal services agency shall complete
2 a national criminal history background check or expanded
3 criminal history check at least annually on each employee who
4 provides services in the temporary or permanent residence of a
5 patient or client.
6 (b) A home health agency or personal services agency may not
7 employ a person to provide services in a patient's or client's temporary
8 or permanent residence for more than twenty-one (21) calendar days
9 without receipt of that person's national criminal history background
10 check or expanded criminal history check required by section 4 of this
11 chapter, unless the state police department, the Federal Bureau of
12 Investigation under IC 10-13-3-39, or the private agency providing the
13 expanded criminal history check is responsible for failing to provide
14 the person's national criminal history background check or expanded
15 criminal history check to the home health agency or personal services
16 agency within the time required under this subsection.
17 SECTION 2. IC 16-27-2-7, AS AMENDED BY P.L.212-2005,
18 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 7. A person who:
20 (1) operates a home health agency or personal services agency;
21 and
22 (2) violates section 4 or 5 of this chapter;
23 commits a Class A infraction. However, notwithstanding
24 IC 34-28-5-4(a), a judgment of two hundred fifty thousand dollars
25 ($250,000) shall be imposed when the employee of a home health
26 agency or personal services agency who has been convicted of a
27 crime described in section 5(a) of this chapter and employed in
28 violation of section 5 of this chapter provides care that results in
29 the death of a patient or client.
2025 IN 449—LS 7283/DI 104