Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
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 2025 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 222
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 1-1-3.5-5, AS AMENDED BY P.L.9-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The governor shall forward a copy of the
executive order issued under section 3 of this chapter to:
(1) the director of the Indiana state library;
(2) the election division; and
(3) the Indiana Register.
(b) The director of the Indiana state library, or an employee of the
Indiana state library designated by the director to supervise a state data
center established under IC 4-23-7.1, shall notify each state agency
using population counts as a basis for the distribution of funds or
services of the effective date of the tabulation of population or
corrected population count.
(c) The agencies that the director of the Indiana state library must
notify under subsection (b) include the following:
(1) The state comptroller, for distribution of money from the
following:
(A) The cigarette tax fund in accordance with IC 6-7-1-30.1.
(B) Excise tax revenue allocated under IC 7.1-4-7-8.
(C) The local road and street account in accordance with
IC 8-14-2-4.
(2) The board of trustees of Ivy Tech Community College for the
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board's division of Indiana into service regions under
IC 21-22-6-1.
(3) The division of disability, aging, and rehabilitative services,
for establishing priorities for community residential facilities
under IC 12-11-1.1 and IC 12-28-4-12.
(4) The department of state revenue, for distribution of money
from the motor vehicle highway account fund under IC 8-14-1-3.
(5) The Indiana economic development corporation, for the
evaluation of enterprise zone applications under IC 5-28-15.
(6) The alcohol and tobacco commission, for the issuance of
permits under IC 7.1.
(7) The state board of accounts, for calculating the state share of
salaries paid under IC 33-38-5, IC 33-39-6, and IC 33-41-2.
SECTION 2. IC 4-1-8-1, AS AMENDED BY P.L.9-2024,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) No individual may be compelled by any
state agency, board, commission, department, bureau, or other entity of
state government (referred to as "state agency" in this chapter) to
provide the individual's Social Security number to the state agency
against the individual's will, absent federal requirements to the
contrary. However, the provisions of this chapter do not apply to the
following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family resources;
(B) the division of mental health and addiction;
(C) the division of disability, aging, and rehabilitative
services; and
(D) the division of aging; and
(E) (D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) State comptroller.
(5) State personnel department.
(6) Secretary of state, with respect to the registration of
broker-dealers, agents, and investment advisors.
(7) The lobby registration commission, with respect to the
registration of lobbyists.
(8) Indiana department of administration, with respect to bidders
on contracts.
(9) Indiana department of transportation, with respect to bidders
on contracts.
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(10) Indiana professional licensing agency.
(11) Department of insurance, with respect to licensing of
insurance producers.
(12) The department of child services.
(13) A pension fund administered by the board of trustees of the
Indiana public retirement system.
(14) The state police benefit system.
(15) The alcohol and tobacco commission.
(16) The Indiana department of health, for purposes of licensing
radiologic technologists under IC 16-41-35-29(c).
(b) The bureau of motor vehicles may, notwithstanding this chapter,
require the following:
(1) That an individual include the individual's Social Security
number in an application for an official certificate of title for any
vehicle required to be titled under IC 9-17.
(2) That an individual include the individual's Social Security
number on an application for registration.
(3) That a corporation, limited liability company, firm,
partnership, or other business entity include its federal tax
identification number on an application for registration.
(4) That an individual include the individual's Social Security
number on an application for a license, a permit, or an
identification card.
(c) The Indiana department of administration, the Indiana
department of transportation, and the Indiana professional licensing
agency may require an employer to provide its federal employer
identification number.
(d) The department of correction may require a committed offender
to provide the offender's Social Security number for purposes of
matching data with the Social Security Administration to determine
benefit eligibility.
(e) The Indiana gaming commission may, notwithstanding this
chapter, require the following:
(1) That an individual include the individual's Social Security
number:
(A) in any application for a riverboat owner's license,
supplier's license, or occupational license; or
(B) in any document submitted to the commission in the
course of an investigation necessary to ensure that gaming
under IC 4-32.3, IC 4-33, and IC 4-35 is conducted with
credibility and integrity.
(2) That a sole proprietorship, a partnership, an association, a
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fiduciary, a corporation, a limited liability company, or any other
business entity include its federal tax identification number on an
application for a riverboat owner's license or supplier's license.
(f) Notwithstanding this chapter, the department of education
established by IC 20-19-3-1 may require an individual who applies to
the department for a license or an endorsement to provide the
individual's Social Security number. The Social Security number may
be used by the department only for conducting a background
investigation, if the department is authorized by statute to conduct a
background investigation of an individual for issuance of the license or
endorsement.
SECTION 3. IC 4-15-2.2-33, AS ADDED BY P.L.229-2011,
SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. (a) As used in this section, "individual with a
disability" means an individual:
(1) with a physical or mental impairment that substantially limits
one (1) or more of the major life activities of the individual; or
(2) who:
(A) has a record of; or
(B) is regarded as;
having an impairment described in subdivision (1).
(b) Notwithstanding any other provision of this chapter, an Indiana
rehabilitation facility or the division of disability, aging, and
rehabilitative services may certify that an individual:
(1) is an individual with a disability; and
(2) possesses the required knowledge, skill, and ability to perform
the essential functions of a position classification:
(A) with or without reasonable accommodation; or
(B) with special accommodation for supported employment.
(c) An applicant with a disability who is certified under subsection
(b) may be appointed to a position in a classification for which the
applicant is certified.
SECTION 4. IC 4-21.5-3-6, AS AMENDED BY P.L.222-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Notice shall be given under this section
concerning the following:
(1) A safety order under IC 22-8-1.1.
(2) Any order that:
(A) imposes a sanction on a person or terminates a legal right,
duty, privilege, immunity, or other legal interest of a person;
(B) is not described in section 4 or 5 of this chapter or
IC 4-21.5-4; and
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(C) by statute becomes effective without a proceeding under
this chapter if there is no request for a review of the order
within a specified period after the order is issued or served.
(3) A notice of program reimbursement or equivalent
determination or other notice regarding a hospital's
reimbursement issued by the office of Medicaid policy and
planning or by a contractor of the office of Medicaid policy and
planning regarding a hospital's year end cost settlement.
(4) A determination of audit findings or an equivalent
determination by the office of Medicaid policy and planning or by
a contractor of the office of Medicaid policy and planning arising
from a Medicaid postpayment or concurrent audit of a hospital's
Medicaid claims.
(5) A license suspension or revocation under:
(A) IC 24-4.4-2;
(B) IC 24-4.5-3;
(C) IC 28-1-29;
(D) IC 28-7-5;
(E) IC 28-8-4.1;
(F) IC 28-8-5; or
(G) IC 28-8-6.
(6) An order issued by the secretary or the secretary's designee
against providers regulated by the office of the secretary, the
division bureau of better aging or the bureau of disabilities
services and not licensed by the Indiana department of health
under IC 16-27 or IC 16-28.
(b) When an agency issues an order described by subsection (a), the
agency shall give notice to the following persons:
(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party in the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any other information required by law.
(d) An order described in subsection (a) is effective fifteen (15) days
after the order is served, unless a statute other than this article specifies
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a different date or the agency specifies a later date in its order. This
subsection does not preclude an agency from issuing, under
IC 4-21.5-4, an emergency or other temporary order concerning the
subject of an order described in subsection (a).
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
SECTION 5. IC 5-1.2-2-55, AS ADDED BY P.L.189-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 55. "Participating provider", for purposes of
financing a health facility and health facility property under IC 5-1.2-7,
means a person, corporation, municipal corporation, political
subdivision, or other entity, public or private, that:
(1) is located in Indiana or outside Indiana;
(2) contracts with the authority for the financing or refinancing of,
or the lease or other acquisition of, health facility property that is
located:
(A) in Indiana; or
(B) outside Indiana, if the financing, refinancing, lease, or
other acquisition also includes a substantial component, as
determined by the authority, for the benefit of a health facility
or facilities located in Indiana;
(3) is:
(A) licensed under IC 12-25, IC 16-21, IC 16-28, or
corresponding laws of the state in which the property is
located;
(B) a regional blood center;
(C) a community mental health center or community
intellectual disability and other developmental disabilities
center (as defined in IC 12-7-2-38 and IC 12-7-2-39 or
corresponding provisions of laws of the state in which the
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property is located);
(D) an entity that:
(i) contracts with the division of disability, aging, and
rehabilitative services or the division of mental health and
addiction to provide the program described in
IC 12-11-1.1-1(e) or IC 12-22-2; or
(ii) provides a similar program under the laws of the state in
which the entity is located;
(E) a vocational rehabilitation center established under
IC 12-12-1-4.1(a)(1) or corresponding provisions of the laws
of the state in which the property is located;
(F) the owner or operator of a facility that is utilized, directly
or indirectly, to provide health care, habilitation, rehabilitation,
therapeutic services, medical research, the training or teaching
of health care personnel, or any related supporting services, or
of a residential facility for individuals with a physical, mental,
or emotional disability, individuals with a physical or mental
illness, or the elderly;
(G) a licensed child caring institution providing residential
care described in IC 12-7-2-29(1) or corresponding provisions
of the laws of the state in which the property is located;
(H) an integrated health care system between or among
providers, a health care purchasing alliance, a health insurer
or third party administrator that is a participant in an integrated
health care system, a health maintenance or preferred provider
organization, or a foundation that supports a health care
provider; or
(I) an individual, business entity, or governmental entity that
owns an equity or membership interest in any of the
organizations described in clauses (A) through (H); and
(4) in the case of a person, corporation, municipal corporation,
political subdivision, or other entity located outside Indiana, is
owned or controlled by, under common control with, affiliated
with, or part of an obligated group that includes an entity that
provides one (1) or more of the following services or facilities in
Indiana:
(A) A facility that provides:
(i) health care;
(ii) habilitation, rehabilitation, or therapeutic services;
(iii) medical research;
(iv) training or teaching of health care personnel; or
(v) any related supporting services.
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(B) A residential facility for:
(i) individuals with a physical, mental, or emotional
disability;
(ii) individuals with a physical or mental illness; or
(iii) the elderly.
(C) A licensed child caring institution providing residential
care described in IC 12-7-2-29(1).
SECTION 6. IC 5-10-8-7.3, AS AMENDED BY P.L.143-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.3. (a) As used in this section, "covered
individual" means an individual who is:
(1) covered under a self-insurance program established under
section 7(b) of this chapter to provide group health coverage; or
(2) entitled to services under a contract with a prepaid health care
delivery plan that is entered into or renewed under section 7(c) of
this chapter.
(b) As used in this section, "early intervention services" means
services provided to a first steps child under IC 12-12.7-2 and 20
U.S.C. 1432(4).
(c) As used in this section, "first steps child" means an infant or
toddler from birth through two (2) years of age who is enrolled in the
Indiana first steps program and is a covered individual.
(d) As used in this section, "first steps program" refers to the
program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to
meet the needs of:
(1) children who are eligible for early intervention services; and
(2) their families.
The term includes the coordination of all available federal, state, local,
and private resources available to provide early intervention services
within Indiana.
(e) As used in this section, "health benefits plan" means a:
(1) self-insurance program established under section 7(b) of this
chapter to provide group health coverage; or
(2) contract with a prepaid health care delivery plan that is
entered into or renewed under section 7(c) of this chapter.
(f) A health benefits plan that provides coverage for early
intervention services shall reimburse the first steps program a monthly
fee established by the division of disability, aging, and rehabilitative
services established by IC 12-9-1-1. Except when the monthly fee is
less than the product determined under IC 12-12.7-2-23(b), the
monthly fee shall be provided instead of claims processing of
individual claims.
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(g) The reimbursement required under subsection (f) may not be
applied to any annual or aggregate lifetime limit on the first steps
child's coverage under the health benefits plan.
(h) The first steps program may pay required deductibles,
copayments, or other out-of-pocket expenses for a first steps child
directly to a provider. A health benefits plan shall apply any payments
made by the first steps program to the health benefits plan's
deductibles, copayments, or other out-of-pocket expenses according to
the terms and conditions of the health benefits plan.
(i) A health benefits plan may not require authorization for services
specified in the covered individual's individualized family service plan,
if those services are a covered benefit under the plan, once the
individualized family service plan is signed by a physician, an
advanced practice registered nurse, or a physician assistant.
(j) The department of insurance shall adopt rules under IC 4-22-2
to ensure compliance with this section.
SECTION 7. IC 5-22-12-2, AS AMENDED BY P.L.141-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "bureau" refers to the
rehabilitation services bureau of the division of disability, aging, and
rehabilitative services established under by IC 12-12-1-1.
SECTION 8. IC 6-1.1-12-12, AS AMENDED BY P.L.68-2025,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Except as provided in section 17.8 of this
chapter and subject to section 45 of this chapter, a person who desires
to claim the deduction provided in section 11 of this chapter must file
an application, on forms prescribed by the department of local
government finance, with the auditor of the county in which the real
property, mobile home not assessed as real property, or manufactured
home not assessed as real property is located. To obtain the deduction
for a desired calendar year in which property taxes are first due and
payable, the application must be completed, dated, and filed with the
county auditor on or before January 15 of the calendar year in which
the property taxes are first due and payable. The application may be
filed in person or by mail. If mailed, the mailing must be postmarked
on or before the last day for filing.
(b) Proof of blindness may be supported by:
(1) the records of the division of family resources or the division
of disability, aging, and rehabilitative services; or
(2) the written statement of a physician who is licensed by this
state and skilled in the diseases of the eye or of a licensed
optometrist.
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(c) The application required by this section must contain the record
number and page where the contract or memorandum of the contract
is recorded if the individual is buying the real property, mobile home,
or manufactured home on a contract that provides that the individual
is to pay property taxes on the real property, mobile home, or
manufactured home.
(d) This section applies only to property taxes imposed for an
assessment date before January 1, 2025.
(e) This section expires January 1, 2027.
SECTION 9. IC 10-10.5-1-2, AS ADDED BY P.L.113-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. "Indiana first responder" means an individual
who:
(1) is employed by; or
(2) is a member of; or
(2) (3) serves as a volunteer for;
a public safety agency, a 9-8-8 crisis response center (as defined in
IC 12-21-8-1), or a mobile crisis team (as defined in IC 12-21-8-3)
certified by the division of mental health and addiction under
IC 12-21-8-10, and whose duties include responding rapidly to an
emergency.
SECTION 10. IC 10-10.5-2-1, AS AMENDED BY P.L.119-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The state of Indiana designates the following
individuals to be Indiana first responders:
(1) A law enforcement officer.
(2) A firefighter, including a volunteer firefighter.
(3) A corrections officer.
(4) A public safety telecommunicator.
(5) An emergency medical technician, emergency medical
responder, or paramedic.
(6) An individual performing emergency management services
subject to the order or control of, or under a request of, the state
or local government, including a volunteer health practitioner
registered under IC 10-14-3.5.
(7) Any individual serving in an employee or volunteer capacity
for a public safety agency whose duties include rapid emergency
response.
(8) A county coroner or deputy county coroner.
(9) Any individual serving in an employee or volunteer
capacity for a 9-8-8 crisis response center (as defined in
IC 12-21-8-1).
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(10) A member of a mobile crisis team (as defined in
IC 12-21-8-3) certified by the division of mental health and
addiction under IC 12-21-8-10.
SECTION 11. IC 11-13-1-8, AS AMENDED BY P.L.161-2018,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) As used in this section, "board" refers to the
board of directors of the judicial conference of Indiana established by
IC 33-38-9-3.
(b) The board shall adopt rules consistent with this chapter,
prescribing minimum standards concerning:
(1) educational and occupational qualifications for employment
as a probation officer;
(2) compensation of probation officers;
(3) protection of probation records and disclosure of information
contained in those records;
(4) presentence investigation reports;
(5) a schedule of progressive probation incentives and violation
sanctions, including judicial review procedures; and
(6) qualifications for probation officers to administer probation
violation sanctions under IC 35-38-2-3(e).
(c) The conference shall prepare a written examination to be used
in establishing lists of persons eligible for appointment as probation
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with
training and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the office of judicial administration may include a
probation case management coordinator and probation case
management assistant.
(f) The conference shall, in cooperation with the department of child
services and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
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children or children in need of services. The subjects addressed by the
training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-35-5.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-35-6-2.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and
federal laws and rules; and
(B) coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under
IC 31-34 and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
Training for probation departments may be provided jointly with
training provided to child welfare caseworkers relating to the same
subject matter.
(g) The conference shall, in cooperation with the division of mental
health and addiction (IC 12-21) and the division of disability, aging,
and rehabilitative services (IC 12-9-1), provide probation departments
with training and technical assistance concerning mental illness,
addictive disorders, intellectual disabilities, and developmental
disabilities, including evidence based treatment programs for mental
illness and addictive disorders and cognitive behavior treatment.
(h) The conference shall make recommendations to courts and
probation departments concerning:
(1) selection, training, distribution, and removal of probation
officers;
(2) methods and procedure for the administration of probation,
including investigation, supervision, workloads, record keeping,
and reporting; and
(3) use of citizen volunteers and public and private agencies.
(i) The conference may delegate any of the functions described in
this section to the advisory committee or the office of judicial
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administration.
SECTION 12. IC 12-7-2-24, AS AMENDED BY P.L.241-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. "Bureau" means the following:
(1) For purposes of IC 12-10, the bureau of better aging and
in-home services established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of disabilities services
established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau of
the division of disability, aging, and rehabilitative services
established by IC 12-12-1-1.
SECTION 13. IC 12-7-2-24.8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 24.8. "Caretaker", for
purposes of IC 12-10.5, IC 12-10, has the meaning set forth in
IC 12-10.5-1-1. IC 12-10-22-1.
SECTION 14. IC 12-7-2-26.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 26.4. "Certified peer", for
purposes of IC 12-21, means an individual who is trained and
certified by the division of mental health and addiction or an
approved nationally accredited certification body to provide
ongoing support to individuals and families of individuals who are
receiving mental health or substance use recovery supports and
services.
SECTION 15. IC 12-7-2-39, AS AMENDED BY P.L.117-2015,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 39. "Community intellectual disability and other
developmental disabilities centers", for purposes of IC 12-29 (except
as provided in IC 12-29-3-6), means a program of services that meets
the following conditions:
(1) Is approved by the division of disability, aging, and
rehabilitative services.
(2) Is organized for the purpose of providing multiple services for
persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination of
the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
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described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
(4) Is accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
SECTION 16. IC 12-7-2-64, AS AMENDED BY P.L.149-2016,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 64. "Director" refers to the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the division bureau of better aging.
(4) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term refers to
the director of any of the divisions.
SECTION 17. IC 12-7-2-69, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 69. (a) "Division", except as provided in
subsections (b), (c), and (d), refers to any of the following:
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(1) The division of disability, aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of aging established by IC 12-9.1-1-1.
(3) (2) The division of family resources established by
IC 12-13-1-1.
(4) (3) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability, aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(B) (C) IC 12-11.
(C) (D) IC 12-12.
(D) (E) IC 12-12.7.
(E) (F) IC 12-28-5.
(2) For purposes of the following statutes, the division of aging
established by IC 12-9.1-1-1:
(A) IC 12-9.1.
(B) IC 12-10.
(C) IC 12-10.5.
(3) (2) For purposes of the following statutes, the division of
family resources established by IC 12-13-1-1:
(A) IC 12-8-12.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-16.
(F) IC 12-17.
(F) (G) IC 12-17.2.
(G) (H) IC 12-18.
(H) (I) IC 12-19.
(I) (J) IC 12-20.
(4) (3) For purposes of the following statutes, the division of
mental health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
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responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SECTION 18. IC 12-7-2-76.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 76.6. (a) "Emergency
medical condition", for purposes of IC 12-15-12, has the meaning set
forth in IC 12-15-12-0.3.
(b) "Emergency medical responder", for purposes of
IC 12-10-21, has the meaning set forth in IC 12-10-21-1.
SECTION 19. IC 12-7-2-99, AS AMENDED BY P.L.160-2012,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 99. "A person with a disability" means, for
purposes of the following statutes, an individual who has a physical or
mental disability and meets the program eligibility requirements of the
division of disability, aging, and rehabilitative services:
(1) IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-6.
SECTION 20. IC 12-7-2-146, AS AMENDED BY P.L.174-2025,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 146. "Program" refers to the following:
(1) For purposes of IC 12-10-5.7, the meaning set forth in
IC 12-10-5.7-2.
(2) For purposes of IC 12-10-7, the adult guardianship services
program established by IC 12-10-7-5.
(3) For purposes of IC 12-10-10, the meaning set forth in
IC 12-10-10-5.
(4) For purposes of IC 12-10-21, the meaning set forth in
IC 12-10-21-3.
(4) (5) For purposes of IC 12-15-12.7, the meaning set forth in
IC 12-15-12.7-1.
(5) (6) For purposes of IC 12-17.2-2-14.2, the meaning set forth
in IC 12-17.2-2-14.2(a).
(6) (7) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-5.
SECTION 21. IC 12-7-2-146.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 146.2. "Program participant", for
purposes of IC 12-10-21, has the meaning set forth in
IC 12-10-21-4.
SECTION 22. IC 12-7-2-155.4, AS ADDED BY P.L.35-2022,
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SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 155.4. "Qualified provider", means the
following:
(1) For purposes of IC 12-15-1-16: means:
(1) (A) a school based nurse; or
(2) (B) another provider who:
(A) (i) is licensed and in good standing with the Indiana
professional licensing agency; and
(B) (ii) is employed by or contracts with a school
corporation that participates in Medicaid.
(2) For purposes of IC 12-15-4, a provider who:
(A) is enrolled in the Indiana Medicaid program; and
(B) maintains a valid agreement, as prescribed by the
office, to make determinations concerning presumptive
eligibility.
SECTION 23. IC 12-7-2-180.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 180.1. "Special needs",
for purposes of IC 12-10.5, IC 12-10, has the meaning set forth in
IC 12-10.5-1-2. IC 12-10-22-2.
SECTION 24. IC 12-7-3-1, AS AMENDED BY P.L.168-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A rule adopted by the department of mental
health concerning developmental disabilities under IC 16-13-1 (before
its repeal by P.L.9-1991) is valid and effective until the division of
disability, aging, and rehabilitative services adopts a rule under
IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental health
rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the department of mental health that has
been transferred to the division of disability, aging, and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of disability, aging, and rehabilitative services and not the
department of mental health.
SECTION 25. IC 12-7-3-2, AS AMENDED BY P.L.168-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A rule adopted by the department of mental
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health concerning case management services for developmentally
disabled persons under IC 16-14-31 (before its repeal by P.L.9-1991)
is valid and effective until the division of disability, aging, and
rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental health
rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the department of mental health that has
been transferred to the division of disability, aging, and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of disability, aging, and rehabilitative services and not the
department of mental health.
SECTION 26. IC 12-7-3-3, AS AMENDED BY P.L.168-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A rule adopted by the department of mental
health concerning residential facilities under IC 16-13-21 or
IC 16-13-22, as amended by P.L.9-1991 and before their repeal, is
valid and effective until the division of disability, aging, and
rehabilitative services adopts a rule under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental health
rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the department of mental health that has
been transferred to the division of disability, aging, and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of disability, aging, and rehabilitative services and not the
department of mental health.
SECTION 27. IC 12-7-3-5, AS AMENDED BY P.L.168-2018,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) A rule adopted by the state department of
public welfare concerning room and board assistance under
IC 12-1-5.5, as repealed by P.L.9-1991, is valid and effective until the
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division of disability, aging, and rehabilitative services adopts a rule
under IC 4-22-2 that:
(1) supersedes in whole or in part the state department of public
welfare rule; or
(2) repeals the state department of public welfare rule.
(b) Notwithstanding subsection (a), if a rule adopted by the state
department of public welfare before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the state department of public welfare
that has been transferred to the division of disability, aging, and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the office
of Medicaid policy and planning established under IC 12-6-6 (before
its repeal) and not the state board of public welfare.
SECTION 28. IC 12-7-3-9, AS AMENDED BY P.L.168-2018,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) A rule adopted by the department of mental
health concerning epilepsy services is valid and effective until the
division of disability, aging, and rehabilitative services adopts a rule
under IC 4-22-2 that:
(1) supersedes in whole or in part the department of mental health
rule; or
(2) repeals the department of mental health rule.
(b) Notwithstanding subsection (a), if a rule adopted by the
department of mental health before January 1, 1992:
(1) has not been superseded or repealed as provided in subsection
(a); and
(2) provides authority to the department of mental health that has
been transferred to the division of disability, aging, and
rehabilitative services under P.L.9-1991;
that rule shall be interpreted to constitute an authorization to the
division of disability, aging, and rehabilitative services and not the
department of mental health.
SECTION 29. IC 12-8-1.5-6, AS AMENDED BY P.L.56-2023,
SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The secretary and the commissioner of the
Indiana department of health shall cooperate to coordinate family and
social services programs with related programs administered by the
Indiana department of health.
(b) The secretary, in cooperation with the commissioner of the
Indiana department of health, is accountable for the following:
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(1) Resolving administrative, jurisdictional, or policy conflicts
between a division and the Indiana department of health.
(2) Formulating overall policy for family, health, and social
services in Indiana.
(3) Coordinating activities between the programs of the division
of family resources and the maternal and child health programs of
the Indiana department of health.
(4) Coordinating activities concerning long term care between the
division of disability, aging, and rehabilitative services and the
Indiana department of health.
(5) Developing and implementing a statewide family, health, and
social services plan that includes a set of goals and priorities.
(c) The office shall cooperate with the Indiana department of health
in providing the information required for the commissioner of the
Indiana department of health or the commissioner's designee to
complete the:
(1) state comprehensive care bed need rate calculation under
IC 16-29-7-8; and
(2) county comprehensive care bed need calculation under
IC 16-29-7-9.
SECTION 30. IC 12-8-6.5-8, AS ADDED BY P.L.160-2012,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. The office and the division of disability, aging,
and rehabilitative services shall develop a written memorandum of
understanding that provides the following:
(1) Program responsibilities for the provision of care and
treatment for individuals with a developmental disability and long
term care recipients.
(2) Responsibilities to educate and inform vendors of the proper
billing procedures.
(3) Responsibilities in administering the state plan.
(4) Responsibilities for Medicaid fiscal and quality accountability
and audits for developmental disability and long term care
services.
(5) That the division shall recommend options and services to be
reimbursed under the state plan.
(6) That the office and the division agree that, within the limits of
42 U.S.C. 1396 et seq., individuals with a developmental
disability and long term care recipients cannot be excluded from
services on the basis of diagnosis unless these services are
otherwise provided and reimbursed under the state plan.
(7) That the office shall seek review and comment from the
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division before the adoption of rules or standards that may affect
the service, programs, or providers of medical assistance services
for individuals with a developmental disability and long term care
recipients.
(8) That the division shall develop rate setting policies for
medical assistance services for individuals with a developmental
disability and long term care recipients.
(9) That the office, with the assistance of the division, shall apply
for waivers from the United States Department of Health and
Human Services to fund community and home based long term
care services as alternatives to institutionalization.
(10) Policies to facilitate communication between the office and
the division.
(11) Any additional provisions that enhance communication
between the office and the division or facilitate more efficient or
effective delivery of developmental disability or long term care
services.
SECTION 31. IC 12-8-10-1, AS AMENDED BY P.L.56-2023,
SECTION 85, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the indicated
money of the following state agencies to the extent that the money is
used by the agency to obtain services from grantee agencies to carry
out the program functions of the agency:
(1) Money appropriated or allocated to a state agency from money
received by the state under the federal Social Services Block
Grant Act (42 U.S.C. 1397 et seq.).
(2) The division bureau of better aging, except this chapter does
not apply to money expended under the following:
(A) The following statutes, unless application of this chapter
is required by another subdivision of this section:
(i) IC 12-10-6.
(ii) IC 12-10-12 (before its expiration).
(B) Epilepsy services.
(3) The division of family resources, for money expended under
the following programs:
(A) The child development associate scholarship program.
(B) The dependent care program.
(C) Migrant day care.
(D) The commodities program.
(E) The migrant nutrition program.
(F) Any emergency shelter program.
(G) The energy weatherization program.
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(4) The Indiana department of health, for money expended under
IC 16-19-10.
(5) The group.
(6) All state agencies, for any other money expended for the
purchase of services if all the following apply:
(A) The purchases are made under a contract between the state
agency and the office of the secretary.
(B) The contract includes a requirement that the office of the
secretary perform the duties and exercise the powers described
in this chapter.
(C) The contract is approved by the budget agency.
(7) The division of mental health and addiction.
SECTION 32. IC 12-9-1-1, AS AMENDED BY P.L.141-2006,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The division of disability, aging, and
rehabilitative services is established.
SECTION 33. IC 12-9-1-3, AS AMENDED BY P.L.241-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The division consists of the following bureaus:
(1) The rehabilitation services bureau established by
IC 12-12-1-1.
(2) The bureau of disabilities services established by
IC 12-11-1.1-1.
(3) The bureau of child development services established by
IC 12-12.7-1-1.
(4) The bureau of better aging established by IC 12-10-1-1.
SECTION 34. IC 12-9-4-2, AS AMENDED BY P.L.143-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The division of disability and rehabilitative
services advisory council is established to advise and assist the division
of disability, aging, and rehabilitative services in its effort to develop
and sustain a system of supports and services for people with
intellectual and developmental disabilities. The council will provide
technical expertise and lived experiences and advise on specific areas
such as:
(1) technology;
(2) health;
(3) policy;
(4) law;
(5) marketing;
(6) public relations;
(7) provider services; and
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(8) advocacy.
SECTION 35. IC 12-9-5-1, AS AMENDED BY P.L.210-2015,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The division shall administer money
appropriated or allocated to the division by the state, including money
appropriated or allocated from the following:
(1) The federal Vocational Rehabilitation Act (29 U.S.C. 701).
(2) The federal Social Services Block Grant in-home services for
the elderly and disabled (42 U.S.C. 1397 et seq.).
(3) The federal Randolph Sheppard Act (20 U.S.C. 107 et seq.).
(4) Medicaid waiver in-home services for the elderly and disabled
(42 U.S.C. 1396 et seq.) for treatment of developmental
disabilities.
(5) Improving Access to Assistive Technology for Individuals
with Disabilities Act (29 U.S.C. 3001 et seq.).
(6) The federal Social Security Act Payments for Vocational
Rehabilitation Services (42 U.S.C. 422).
(7) Part C of the federal Individuals with Disabilities Education
Act, Subchapter III (20 U.S.C. 1431 et seq.).
(8) The federal Older Americans Act (42 U.S.C. 3001 et seq.).
(9) The United States Department of Agriculture (7 U.S.C.
612c et seq.).
(8) (10) Money appropriated or allocated to the division to
administer a program under this title.
(9) (11) Other funding sources that are designated by the general
assembly or that are available from the federal government under
grants that are consistent with the duties of the division.
SECTION 36. IC 12-9-5-3, AS AMENDED BY P.L.74-2022,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The division shall administer the following
programs:
(1) Programs established under any of the following statutes:
(A) This article.
(B) IC 12-10.
(B) (C) IC 12-11.
(C) (D) IC 12-12.
(D) (E) IC 12-12.7.
(2) Programs under the following statutes, to the extent the
division has responsibilities for programs under those statutes:
(A) IC 12-24.
(B) IC 12-26.
(C) IC 12-27.
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(D) IC 12-28.
(E) IC 12-29.
(3) Supported employment for a person with developmental
disabilities.
(4) Epilepsy service centers program.
(5) Epilepsy clinic program.
(6) Medicaid waivers for in-home services for treatment of
developmental disabilities.
SECTION 37. IC 12-9-5-3.5, AS ADDED BY P.L.131-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) The division bureau of better aging shall
provide to the division of disability and rehabilitative services advisory
council established by IC 12-9-4-2 quarterly updates regarding the
implementation of the recommendations made by the services for
individuals with intellectual and other developmental disabilities task
force under IC 12-11-15.5 (before its expiration).
(b) This section expires December 31, 2027.
SECTION 38. IC 12-9.1 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Division of Aging).
SECTION 39. IC 12-10-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. The bureau of better
aging and in-home services is established within the division.
SECTION 40. IC 12-10-1-3, AS AMENDED BY P.L.32-2021,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The bureau shall administer the following
programs:
(1) The federal Older Americans Act. under IC 12-9.1-4-1.
(2) Area agencies on aging services under this article.
(3) Adult protective services under IC 12-10-3.
(4) Room and board assistance and assistance to residents in
county homes under IC 12-10-6.
(5) Adult guardianship program under IC 12-10-7.
(6) Community and home options for the elderly and individuals
with a disability under IC 12-10-10.
(7) Long term care advocacy under IC 12-10-13.
(8) Nutrition services and home delivered meals.
(9) Title III B supportive services.
(10) Title III D in-home services.
(11) Aging programs under the Social Services Block Grant.
(12) United States Department of Agriculture elderly feeding
program.
(13) Title V senior employment.
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(14) PASARR under older adult services.
SECTION 41. IC 12-10-1-6, AS AMENDED BY P.L.146-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The area agencies on aging designated by
the bureau in each planning and service region shall do the following:
(1) Determine the needs and resources of the aged in the area.
(2) Coordinate, in cooperation with other agencies or
organizations in the area, region, district, or county, all programs
and activities providing health, recreational, educational, or social
services for the aged.
(3) Secure local matching money from public and private sources
to provide, improve, or expand the sources available to meet the
needs of the aged.
(4) Develop, in cooperation with the division and in accordance
with the regulations of the commissioner of the federal
Administration on Aging, an area plan for each planning and
service area to provide for the following:
(A) A comprehensive and coordinated system for the delivery
of services needed by the aged in the area.
(B) The collection and dissemination of information and
referral sources.
(C) The effective and efficient use of all resources meeting the
needs of the aged.
(D) The inauguration of new services and periodic evaluation
of all programs and projects delivering services to the aged,
with special emphasis on the low income and minority
residents of the planning and service area.
(E) The establishment, publication, and maintenance of a toll
free telephone number to provide information, counseling, and
referral services for the aged residents of the planning and
service area.
(5) Conduct case management (as defined in IC 12-10-10-1).
(6) Perform any other functions required by regulations
established under the Older Americans Act (42 U.S.C. 3001 et
seq.).
(7) Establish a dementia care specialist program as required by
IC 12-10-5.7-4.
(8) Perform Aging and Disability Resource Center (as defined
in 42 U.S.C. 3002 et seq.) functions.
(b) The division shall pay the costs associated with the toll free
telephone number required under subsection (a).
(c) Changes may not be made to the designated coverage area of an
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area agency on aging until after the following:
(1) The office of the secretary holds a public hearing in each
county where the existing area agency on aging is operating to
discuss the proposed changes and receive public comment.
(2) One (1) year elapses from the date of the meeting held under
subdivision (1).
SECTION 42. IC 12-10-5.7-4, AS ADDED BY P.L.146-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) An area agency may establish a dementia
care specialist program under which an area agency may designate an
employee as a dementia care specialist for the area agency to
administer the program.
(b) A specialist may work with the state dementia coordinator under
IC 12-9.1-5-4 IC 12-10-20-4 to administer the program through the
following actions:
(1) Conducting education and outreach activities to increase
community awareness of dementia and resources available to
support individuals with dementia and their caregivers.
(2) Consulting with and providing training to individuals,
including area agency staff, who interact with an individual or a
caregiver caring for a person who:
(A) has dementia; or
(B) suffers from symptoms of dementia or a related cognitive
disease.
(3) Establishing relationships with health care providers, health
maintenance organizations, and other community-based
organizations to serve as a liaison to facilitate increased contact
and promote organizational care coordination and
dementia-friendly activities.
(4) Providing any other service that is determined to be
appropriate by the division or area agency that supports the aims
and goals of the dementia strategic plan under IC 12-9.1-5
IC 12-10-20 or supports a data collection and evaluation plan to
determine health outcomes tied to the dementia care specialist
programming.
SECTION 43. IC 12-10-5.7-5, AS ADDED BY P.L.146-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. A specialist may follow any guidelines or
training requirements developed by the dementia care specialist
coordinator under IC 12-9.1-5-4. IC 12-10-20-4.
SECTION 44. IC 12-10-6-2.1, AS AMENDED BY P.L.117-2015,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 2.1. (a) An individual who is incapable of residing
in the individual's own home may apply for residential care assistance
under this section. The determination of eligibility for residential care
assistance is the responsibility of the division. Except as provided in
subsection (h), an individual is eligible for residential care assistance
if the division determines that the individual:
(1) is a recipient of Medicaid or the federal Supplemental Security
Income program;
(2) is incapable of residing in the individual's own home because
of dementia, mental illness, or a physical disability;
(3) requires a degree of care less than that provided by a health
care facility licensed under IC 16-28;
(4) can be adequately cared for in a residential care setting; and
(5) has not made any asset transfer prohibited under the state plan
or in 42 U.S.C. 1396p(c) in order to be eligible for Medicaid.
(b) Individuals with an intellectual disability may not be admitted
to a home or facility that provides residential care under this section.
(c) A service coordinator employed by the division may:
(1) evaluate a person seeking admission to a home or facility
under subsection (a); or
(2) evaluate a person who has been admitted to a home or facility
under subsection (a), including a review of the existing
evaluations in the person's record at the home or facility.
If the service coordinator determines the person evaluated under this
subsection has an intellectual disability, the service coordinator may
recommend an alternative placement for the person.
(d) Except as provided in section 5 of this chapter, residential care
consists of only room, board, and laundry, along with minimal
administrative direction. The recipient may retain from the recipient's
income a monthly personal allowance of fifty-two dollars ($52). This
amount is exempt from income eligibility consideration by the division
and may be exclusively used by the recipient for the recipient's
personal needs. However, if the recipient's income is less than the
amount of the personal allowance, the division shall pay to the
recipient the difference between the amount of the personal allowance
and the recipient's income. A reserve or an accumulated balance from
such a source, together with other sources, may not be allowed to
exceed the state's resource allowance allowed for adults eligible for
state supplemental assistance or Medicaid as established by the rules
of the office of Medicaid policy and planning.
(e) In addition to the amount that may be retained as a personal
allowance under this section, an individual shall be allowed to retain
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an amount equal to the individual's state and local income tax liability.
The amount that may be retained during a month may not exceed
one-third (1/3) of the individual's state and local income tax liability for
the calendar quarter in which that month occurs. This amount is
exempt from income eligibility consideration by the division. The
amount retained shall be used by the individual to pay any state or local
income taxes owed.
(f) In addition to the amounts that may be retained under
subsections (d) and (e), an eligible individual may retain a Holocaust
victim's settlement payment. The payment is exempt from income
eligibility consideration by the division.
(g) The personal allowance for one (1) month for an individual
described in subsection (a) is the amount that an individual would be
entitled to retain under subsection (d) plus an amount equal to one-half
(1/2) of the remainder of:
(1) gross earned income for that month; minus
(2) the sum of:
(A) sixteen dollars ($16); plus
(B) the amount withheld from the person's paycheck for that
month for payment of state income tax, federal income tax,
and the tax prescribed by the federal Insurance Contribution
Act (26 U.S.C. 3101 et seq.); plus
(C) transportation expenses for that month; plus
(D) any mandatory expenses required by the employer as a
condition of employment.
(h) An individual who, before September 1, 1983, has been admitted
to a home or facility that provides residential care under this section is
eligible for residential care in the home or facility.
(i) The director of the division may contract with the division of
mental health and addiction or the division of disability, aging, and
rehabilitative services to purchase services for individuals with a
mental illness or a developmental disability by providing money to
supplement the appropriation for community based residential care
programs established under IC 12-22-2 or community based residential
programs established under IC 12-11-1.1-1.
(j) A person with a mental illness may not be placed in a Christian
Science facility listed and certified by the Commission for
Accreditation of Christian Science Nursing Organizations/Facilities,
Inc., unless the facility is licensed under IC 16-28.
SECTION 45. IC 12-10-11-2, AS AMENDED BY P.L.131-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The board consists of the following
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seventeen (17) members:
(1) The director of the division of aging or the director's designee.
(2) The chairman of the Indiana state commission on aging or the
chairman's designee.
(3) Three (3) citizens nominated by two (2) or more organizations
that:
(A) represent senior citizens; and
(B) have statewide membership.
At least one (1) member appointed under this subdivision must be
a recipient, or the caregiver of a recipient, of services provided
under IC 12-10-10.
(4) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with disabilities, including
individuals who are less than eighteen (18) years of age; and
(B) have statewide membership.
(5) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent individuals with mental illness; and
(B) have statewide membership.
(6) One (1) provider who provides services under IC 12-10-10.
(7) One (1) licensed physician, physician assistant, or registered
nurse who specializes either in the field of gerontology or in the
field of disabilities.
(8) Two (2) home care services advocates or policy specialists
nominated by two (2) or more:
(A) organizations;
(B) associations; or
(C) nongovernmental agencies;
that advocate on behalf of home care consumers, including an
organization listed in subdivision (3) that represents senior
citizens or persons with disabilities.
(9) Two (2) members of the senate, who may not be members of
the same political party, appointed by the president pro tempore
of the senate with the advice of the minority leader of the senate.
(10) Two (2) members of the house of representatives, who may
not be members of the same political party, appointed by the
speaker of the house of representatives with the advice of the
minority leader of the house of representatives.
(11) The executive director of the Indiana housing and
community development authority or the executive director's
designee.
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(12) One (1) citizen nominated by one (1) or more organizations
that:
(A) represent direct service workers; and
(B) have statewide membership.
The members of the board listed in subdivisions (9) and (10) are
nonvoting members who serve two (2) year terms ending June 30 of
each odd-numbered year. A legislative member serves at the pleasure
of the appointing authority and may be reappointed to successive terms.
A vacancy among the legislative members shall be filled by the
appropriate appointing authority. An individual appointed to fill a
vacancy serves for the unexpired term of the individual's predecessor.
(b) The members of the board designated by subsection (a)(3)
through (a)(8) and (a)(12) shall be appointed by the governor for terms
of four (4) years. The initial term of the member appointed under
subsection (a)(12) is three (3) years and the length of each successive
term is four (4) years. The term of a member of the board expires as
follows:
(1) For a member appointed under subsection (a)(3) through
(a)(5), June 30, 2025, and every fourth year thereafter.
(2) For a member appointed under subsection (a)(6) through
(a)(8) and (a)(12), June 30, 2027, and every fourth year thereafter.
A member described in this subsection may be reappointed to
successive terms. However, a member may continue to serve until a
successor is appointed. In case of a vacancy, the governor shall appoint
an individual to serve for the remainder of the unexpired term.
(c) The division shall establish notice and selection procedures to
notify the public of the board's nomination process described in this
chapter. Information must be distributed through:
(1) the area agencies on aging; and
(2) all organizations, associations, and nongovernmental agencies
that work with the division on home care issues and programs.
SECTION 46. IC 12-10-11-7, AS AMENDED BY P.L.42-2024,
SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. The division of aging shall provide staff
services for the board.
SECTION 47. IC 12-10-20 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 20. Dementia Strategic Plan
Sec. 1. The bureau shall develop a dementia strategic plan to
identify and significantly reduce the prevalence of dementia in
Indiana.
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Sec. 2. (a) The dementia strategic plan must include the
following:
(1) Proposed state actions.
(2) Implementation steps.
(3) Recommendations to carry out the purposes of the
dementia strategic plan.
(b) The dementia strategic plan must do the following:
(1) Assess Indiana's current and future status concerning
dementia, including the following:
(A) Determine Indiana trends concerning the diagnosis of
dementia, and the current and future economic cost on
Indiana.
(B) Evaluate the services, resources, and care available to
address the needs of individuals with dementia, and their
families and caregivers.
(C) Identify methods to reduce the financial costs of
dementia care while improving care and services in
Indiana.
(2) Identify strategies to increase awareness of dementia,
including the following:
(A) Educate health care providers on:
(i) the importance of early detection and diagnosis of
Alzheimer's disease and dementia;
(ii) the importance of an annual wellness visit for
cognitive health; and
(iii) Medicare having a billing code for individuals with
cognitive impairment.
(B) Promote culturally appropriate public health
campaigns to increase understanding and awareness of
early warning symptoms of dementia, and the value of
early detection and diagnosis.
(C) Incorporate messages on brain health, including how
to reduce the risk of cognitive decline, in existing public
health campaigns and in diverse community settings where
there is a greater risk of developing dementia.
(3) Identify strategies to enhance Indiana's dementia based
workforce, including the following:
(A) Analyze dementia specific training requirements for
paid professionals engaged in the care of individuals with
dementia in institutions and home and community based
settings.
(B) Increase the number of individuals pursuing careers in
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dementia care and geriatric occupations to meet future
state needs.
(C) Enhance the capacity of adult protective services
workers and law enforcement to properly respond to
individuals with dementia.
(4) Identify strategies to increase access to home and
community based services for individuals with dementia,
including the following:
(A) Identify the type, cost, and variety of dementia services
in Indiana.
(B) Assess capacity and access to adult day care, respite
care, assisted living, and long term care services.
(C) Identify methods to expand Indiana's health care
system capacity to meet the growing number and needs of
individuals with Alzheimer's disease and dementia.
(5) Identify strategies to enhance the quality of care for
individuals with dementia, including the following:
(A) Assess quality care measures for long term care
facilities, assisted living facilities, and residential programs
available to care for individuals with dementia.
(B) Uncover any existing gaps in dementia services and
determine a plan to cover the gap in service.
(C) Identify methods to improve dementia services
provided in home and community based settings.
(6) Recommend strategies to decrease health disparities
concerning dementia in ethnic and racial populations in
Indiana.
(7) Identify and increase state based support for Alzheimer's
disease research through Indiana universities and other
resources.
(8) Identify needed state policies or actions to act upon
findings under this section and implement the
recommendations of the dementia strategic plan, setting forth
a time frame for implementation.
Sec. 3. (a) The bureau shall submit annually:
(1) a summary of the dementia strategic plan; and
(2) a report concerning outcomes from implementation of the
dementia strategic plan;
to the general assembly.
(b) The dementia strategic plan and report required under
subsection (a) must be submitted in an electronic format under
IC 5-14-6.
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Sec. 4. The bureau may employ a dementia care coordinator to
do the following:
(1) Coordinate implementation of the dementia strategic plan.
(2) Regarding the dementia care specialist program
established under IC 12-10-5.7, do the following:
(A) Develop or identify best practice guidelines concerning
the establishment and administration of a dementia care
specialist program in accordance with IC 12-10-5.7.
(B) Establish training requirements necessary for staff
working in a dementia care specialist program.
(C) Disseminate guidelines and training requirements
described in clauses (A) and (B) to each area agency.
(D) Provide resources and technical assistance to an area
agency or dementia care specialist designated by an area
agency under IC 12-10-5.7.
(E) Not later than December 1 of each year, incorporate
program reporting and analysis on coordinator activities,
program impacts, and health outcomes as a subsection of
the division's dementia strategic plan annual report
required under section 3 of this chapter.
SECTION 48. IC 12-10-21 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 21. Yellow Dot Motor Vehicle Medical Information
Program
Sec. 1. As used in this chapter, "emergency medical responder"
means:
(1) an emergency medical technician;
(2) an emergency medical technician-paramedic;
(3) a paramedic; and
(4) any other emergency services provider, physician, or
nurse;
on the scene of a motor vehicle accident or emergency situation
involving a program participant or accompanying or attending to
a program participant patient in an ambulance.
Sec. 2. As used in this chapter, "other responder" means a
firefighter or law enforcement officer on the scene of a motor
vehicle accident or emergency situation involving a program
participant.
Sec. 3. As used in this chapter, "program" means the yellow dot
motor vehicle medical information program established by section
5(a) of this chapter.
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Sec. 4. As used in this chapter, "program participant" means an
individual who acts in accordance with section 8 of this chapter.
The term includes:
(1) the operator of a motor vehicle; and
(2) a passenger of a motor vehicle.
Sec. 5. (a) The yellow dot motor vehicle medical information
program is established for the purpose of providing emergency
medical responders with critical medical information in the event
of a motor vehicle accident or emergency situation involving a
program participant.
(b) The bureau shall administer the program.
Sec. 6. (a) The bureau shall create a standard medical
information form that allows a program participant to supply the
following information:
(1) The program participant's name.
(2) A photograph of the program participant.
(3) The contact information for not more than two (2)
emergency contacts for the program participant.
(4) The program participant's medical information, including
medical conditions, recent surgeries, allergies, and current
medications.
(5) The program participant's hospital preference.
(6) The contact information for not more than two (2) health
care providers of the program participant.
(7) The date the program participant completed the form.
(b) The standard medical information form must include the
following statements:
(1) A statement that the program acts as a facilitator only,
and that all information supplied on the medical information
form is the sole responsibility of the program participant.
(2) A statement that the program participant supplies the
medical information voluntarily, and that the program
participant authorizes the disclosure and use of the medical
information for the purposes described in section 9(b) of this
chapter.
Sec. 7. (a) The bureau may provide for, assist in, or authorize
the printing of the medical information form and assembling of a
yellow dot folder containing:
(1) the medical information form; and
(2) a yellow dot decal with adhesive backing.
(b) The bureau shall distribute yellow dot folders to area
agencies on aging and license branches. The bureau shall provide
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information on its website regarding how to obtain a yellow dot
folder from an area agency on aging or a license branch.
(c) The bureau may not charge a fee to participate in the
program.
Sec. 8. A program participant shall do the following:
(1) Affix the yellow dot decal on the left lower corner of the
rear window of a motor vehicle other than a motorcycle or on
a secure visible location on the rear of a motorcycle.
(2) Complete the medical information form, place it in the
yellow dot folder, and place the yellow dot folder in the glove
compartment of the motor vehicle or in the compartment
attached to the motorcycle, as appropriate.
Sec. 9. (a) If a yellow dot decal is affixed to a motor vehicle that
is involved in a motor vehicle accident or emergency situation, an
emergency medical responder or other responder on the scene is
authorized to search the vehicle compartment indicated under
section 8(2) of this chapter for a yellow dot folder.
(b) An emergency medical responder or other responder may
use the information contained in the yellow dot folder to:
(1) identify the program participant;
(2) ascertain whether the program participant has a medical
condition that may impede communications with the
emergency medical responder or other responder;
(3) communicate with the program participant's emergency
contact about the location and general condition of the
program participant; and
(4) consider the program participant's current medications
and preexisting medical conditions when emergency medical
treatment is administered for any injury the program
participant suffers.
Sec. 10. (a) An emergency medical responder, other responder,
emergency medical responder's employer, and other responder's
employer are immune from civil liability if the emergency medical
responder or other responder:
(1) is unable to make contact with the program participant's
emergency contact after a good faith attempt; or
(2) disseminates or fails to disseminate any information from
the yellow dot folder to other emergency medical responders,
other responders, hospitals, or any health care providers that
render emergency medical treatment to the program
participant.
(b) A health care provider and a health care provider's
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employer are immune from civil and criminal liability if the health
care provider relies in good faith on the information provided in a
program participant's yellow dot folder.
SECTION 49. IC 12-10-22 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 22. Caretaker Support Program
Sec. 1. As used in this chapter, "caretaker" means an individual
who:
(1) provides ongoing care for an individual who:
(A) is at least eighteen (18) years of age; and
(B) has special needs; and
(2) does not receive money for the care provided under
subdivision (1).
Sec. 2. As used in this chapter, "special needs" means any of the
following:
(1) Alzheimer's disease or any related disorder.
(2) Inability to perform at least two (2) activities of daily
living.
(3) Any other condition that the bureau determines by rule
should be covered by this article.
Sec. 3. The caretaker support program is established.
Sec. 4. (a) The bureau shall administer the caretaker support
program established by this chapter.
(b) The bureau shall do the following:
(1) Subject to section 9 of this chapter, adopt rules under
IC 4-22-2 for the coordination and administration of the
caretaker support program.
(2) Administer any money for the caretaker support program
that is appropriated by the general assembly.
Sec. 5. An individual who is at least sixty-five (65) years of age
and:
(1) a caretaker; or
(2) an individual with special needs being taken care of by a
caretaker;
are eligible for the caretaker support program.
Sec. 6. Caretaker support program services include the
following services administered by the area agencies on aging:
(1) Information for caretakers about available services.
(2) Assistance to caretakers in gaining access to the services.
(3) Individual counseling, organization of support groups, and
caretaker training to assist caretakers in making decisions
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and solving problems in the individual's role as caretaker.
(4) Respite care to offer caretakers temporary relief from
caretaker responsibilities.
Sec. 7. The bureau shall develop and implement a client cost
share formula for respite care services.
Sec. 8. When possible, the bureau shall make use of volunteers
and volunteer groups, including faith based groups, when
executing its duties under this article.
Sec. 9. Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals with special needs receiving care from a caretaker
under this chapter, including reasonable monitoring and
reporting requirements;
(2) serve distinct populations, including:
(A) the aged;
(B) persons with developmental disabilities; and
(C) persons with physical disabilities;
in a manner that recognizes, and appropriately responds to,
the particular needs of the population;
(3) not create barriers to the availability of home and
community based services under IC 12-10-10 and
IC 12-10-11.5 by imposing costly or unduly burdensome
requirements on caretakers or other service providers,
including:
(A) requirements for proof of financial responsibility; and
(B) monitoring, enforcement, reporting, or other
administrative requirements; and
(4) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
SECTION 50. IC 12-10-23 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 23. Continuum of Care
Sec. 1. The bureau shall:
(1) provide standards for the training of; and
(2) promote best practices for;
continuum of care program providers.
Sec. 2. Subject to section 3 of this chapter, the bureau may adopt
rules under IC 4-22-2 necessary to carry out this chapter.
Sec. 3. (a) Rules adopted under this chapter must:
(1) include protections for the rights, safety, and welfare of
individuals receiving care under this chapter;
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(2) serve distinct populations, including:
(A) the aged;
(B) individuals with developmental disabilities; and
(C) individuals with physical disabilities;
in a manner that recognizes, and appropriately responds to,
the particular needs of the population; and
(3) otherwise comply with IC 12-10-10, IC 12-10-11.5, and this
chapter.
(b) Rules adopted under this chapter may not create barriers to
the availability of home and community based services under
IC 12-10-10 and IC 12-10-11.5 by imposing costly or unduly
burdensome requirements on continuum of care providers or other
service providers, including:
(1) requirements for proof of financial responsibility; and
(2) monitoring, enforcement, reporting, or other
administrative requirements.
Sec. 4. The continuum of care provided under this article must
include services that support prevention and treatment of mental
illness and addiction.
SECTION 51. IC 12-10.5 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Respite Care Services).
SECTION 52. IC 12-12-2-7, AS AMENDED BY P.L.68-2017,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. The commission shall do the following:
(1) Advise the rehabilitation services bureau concerning the
bureau's performance in the following areas:
(A) Eligibility and order of selection.
(B) Scope, extent, and effectiveness of services.
(C) Functions of state agencies in addition to vocational
rehabilitation affecting individuals in achieving rehabilitation
goals.
(2) Advise the division of disability, aging, and rehabilitative
services and the rehabilitation services bureau concerning the
state plan, applications, and the strategic plan.
(3) Review and analyze the effectiveness and consumer
satisfaction with the functions of the agencies dealing with
persons with disabilities and with vocational rehabilitation
services.
(4) Prepare and submit an annual report to the governor and the
rehabilitation services administration commissioner in accordance
with federal requirements concerning:
(A) the status of vocational rehabilitation programs in Indiana;
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and
(B) recommendations concerning the implementation and
progress toward advancing competitive integrated employment
for individuals with disabilities as described in IC 22-9-11.
(5) Coordinate with other councils in Indiana.
(6) Advise and provide for coordination and working
relationships between the state agency and the Independent
Living Council and Independent Living centers.
(7) Develop a statewide plan to support the advancement of
competitive integrated employment, including self-employment,
as the first and preferred option when providing services to
individuals with disabilities. The plan, at a minimum, must
include the following:
(A) Identification of barriers to employment for individuals
with disabilities.
(B) An analysis of federal, state, and local agency policies
concerning the provision of services to individuals with
disabilities, including the impact of those policies on
opportunities for competitive integrated employment.
(C) Recommendations to advance competitive integrated
employment for individuals with disabilities.
SECTION 53. IC 12-12-2-11, AS AMENDED BY P.L.141-2006,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. The commission, in conjunction with the
division of disability, aging, and rehabilitative services, may employ
staff and other personnel as necessary.
SECTION 54. IC 12-12-9-2, AS AMENDED BY P.L.56-2023,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The office of the secretary shall, on the first
business day of each month, send a copy of a report filed under section
1 of this chapter to the following persons:
(1) For persons less than seventeen (17) years of age, to the
following:
(A) The Indiana School for the Blind and Visually Impaired.
(B) The division of disability, aging, and rehabilitative
services.
(C) The division of special education of the department of
education.
(2) For persons at least seventeen (17) years of age, to the
following:
(A) The division of disability, aging, and rehabilitative
services.
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(B) On request, organizations serving the blind or visually
impaired and the Indiana department of health.
SECTION 55. IC 12-12-9-4, AS AMENDED BY P.L.141-2006,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) On receiving a report under this chapter, the
division of disability, aging, and rehabilitative services shall provide
information to the visually impaired individual designated in the report
concerning available state and local services.
(b) For a visually impaired individual less than seventeen (17) years
of age, the Indiana School for the Blind and Visually Impaired:
(1) has the primary duty of initially contacting the visually
impaired individual or the individual's family; and
(2) shall notify the division of disability, aging, and rehabilitative
services and the department of education of the school's findings.
SECTION 56. IC 12-15-1-14.5, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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 clauses (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 clauses (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.
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(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.
(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, aging, 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 57. IC 12-15-1.3-15, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) As used in this section, "division" refers to
the division of disability, aging, and rehabilitative services established
by IC 12-9-1-1.
(b) As used in this section, "waiver" refers to any waiver
administered by the office and the division under section 1915(c) of the
federal Social Security Act.
(c) The office shall apply to the United States Department of Health
and Human Services for approval to amend a waiver to set an
emergency placement priority for individuals in the following
situations:
(1) Death of a primary caregiver.
(2) The primary caregiver is at least eighty (80) years of age.
(3) There is evidence of abuse or neglect in the current
institutional or home placement.
(4) There is evidence of other health and safety risks, as
determined by the division director, where other available
services through:
(A) the Medicaid program and other federal, state, and local
public programs; and
(B) supports that families and communities provide;
are insufficient to address the other health and safety risks, as
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determined by the division director.
(d) The division shall report on a quarterly basis the following
information to the division of disability and rehabilitative services
advisory council established by IC 12-9-4-2 concerning each Medicaid
waiver for which the office has been approved under this section to
administer an emergency placement priority for individuals described
in this section:
(1) The number of applications for emergency placement priority
waivers.
(2) The number of individuals served on the waiver.
(3) The number of individuals on a wait list for the waiver.
(e) Before July 1, 2021, the division, in coordination with the task
force established by IC 12-11-15.5-2 (before its expiration), shall
establish new priority categories for individuals served by a waiver.
(f) The office may adopt rules under IC 4-22-2 necessary to
implement this section.
SECTION 58. IC 12-15-4-1.5, AS ADDED BY P.L.126-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. (a) The office of the secretary shall establish
the following:
(1) Performance standards for hospitals providers to use in
making presumptive eligibility determinations.
(2) An appeals process for a hospital provider that disputes a
determination that a presumptive eligibility standard was violated.
The office of the secretary shall limit presumptive eligibility
determination to qualified hospitals. providers.
(b) A hospital provider shall do the following when making a
presumptive eligibility determination:
(1) Notify the office of the secretary of each presumptive
eligibility determination not later than five (5) business days after
the date of the determination.
(2) Assist individuals whom the hospital provider determines are
presumptively eligible with completing and submitting a full
Medicaid application.
(3) Notify the applicant in writing and on all relevant forms with
plain language and large print that if the applicant:
(A) does not file a full Medicaid application with the office of
the secretary before the last day of the following month,
presumptive eligibility will end on that last day; and
(B) files a full Medicaid application with the office of the
secretary before the last day of the following month,
presumptive eligibility will continue until an eligibility
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determination is made concerning the application.
(c) The office of the secretary shall use the following performance
standards to establish and ensure accurate presumptive eligibility
determinations by a qualified hospital: provider:
(1) Determine whether each presumptive eligibility determination
received from the hospital provider complied with the time
requirement set forth in subsection (b)(1).
(2) Determine whether the office of the secretary received before
the expiration of each presumptive eligibility period the full
application from the individual determined by the hospital
provider to be presumptively eligible.
(3) Determine whether each applicant who was determined by the
hospital provider to be presumptively eligible was determined to
be eligible for Medicaid after the full application was received.
(d) Each single violation by a hospital provider of any of the
performance standards under subsection (c) counts as one (1) violation
for the presumptive eligibility determination. Each subsequent
violation of a performance standard is an additional violation for
purposes of this section.
(e) For the first violation of a presumptive eligibility standard under
this section that a hospital provider receives in a calendar year, the
office of the secretary shall notify the hospital provider in writing not
later than five (5) days after the determination of a violation is made.
The notice must include the following:
(1) A description of the standard that was not met and an
explanation of why the hospital provider did not meet the
standard.
(2) Notice that a second finding on noncompliance with a
standard will result in a requirement that the hospital's provider's
applicable staff participate in mandatory training on hospital
provider presumptive eligibility rules and standards that is
performed by the office of the secretary.
(3) A description of the available appeal procedures that the
hospital provider may use to dispute the finding of a violation of
presumptive eligibility standards.
(f) If the office of the secretary determines that a hospital provider
has failed to meet any of the presumptive eligibility standards under
this section in any presumptive eligibility determination by the hospital
provider for a second time within a twelve (12) month period of a first
violation, the office of the secretary shall notify the hospital provider
in writing not later than five (5) days after the determination that a
second violation has occurred. The written notice must include the
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following:
(1) A description of the standard that was not met and an
explanation of why the hospital provider did not meet the
standard.
(2) Notice that the hospital's provider's applicable staff must
participate in mandatory training on hospital provider
presumptive eligibility rules and standards that is performed by
the office of the secretary, and information concerning the date,
time, and location of the training by the office.
(3) A description of the available appeal procedures that the
hospital provider may use to dispute the finding of a violation of
presumptive eligibility standards.
(4) Notice that a third violation by the hospital provider of a
presumptive eligibility standard within a twelve (12) month
period from the second violation will result in the hospital
provider no longer being qualified to make presumptive
eligibility determinations.
If a hospital provider appeals a finding of a violation of presumptive
eligibility standards described in this subsection, the hospital provider
must provide clear and convincing evidence during the appeals process
that the standard was met by the hospital. provider.
(g) If the office of the secretary determines that a hospital provider
has failed to meet any of the presumptive eligibility standards under
this section in any presumptive eligibility determination by the hospital
provider for a third time within a twelve (12) month period of the
second violation by the hospital, provider, the office of the secretary
shall notify the hospital provider in writing not later than five (5) days
from a determination that a presumptive eligibility standard was
violated by the hospital provider for the third time. The written notice
must include the following:
(1) A description of the standard that was not met and an
explanation of why the hospital provider did not meet the
standard.
(2) A description of the available appeal procedures that the
hospital provider may use to dispute the finding of a violation of
presumptive eligibility standards.
(3) Notice that, effective immediately from receipt of the notice,
the hospital provider is no longer qualified to make presumptive
eligibility determinations for the Medicaid program.
(h) If a hospital provider appeals a finding of a violation of
presumptive eligibility standards described in subsection (g), the
hospital provider must provide clear and convincing evidence during
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the appeals process that the standard was met by the hospital.
provider.
SECTION 59. IC 12-15-12.5-1, AS ADDED BY P.L.167-2025,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "area agency" means an
area agency on aging designated by the bureau of better aging and
in-home services under IC 12-10-1-4.
SECTION 60. IC 12-15-13-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) This section applies to
a home health agency that is:
(1) licensed under IC 16-27-1;
(2) enrolled as a Medicaid provider; and
(3) in good standing as a Medicaid provider, as determined by
the office of the secretary.
(b) Notwithstanding any other law, rule, or bulletin, a home
health agency licensed under IC 16-27-1 may continue to provide
services to a Medicaid recipient and receive Medicaid
reimbursement for the services while the home health agency's
application for Medicare enrollment is pending if the home health
agency:
(1) submitted a Medicare enrollment application to the
federal Centers for Medicare and Medicaid Services; or
(2) initiated the enrollment process with a federal Centers for
Medicare and Medicaid Services approved accrediting
organization;
before April 1, 2026.
SECTION 61. IC 12-15-32-10, AS AMENDED BY P.L.141-2006,
SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) An applicant for Medicaid who desires to
be placed in a community residential facility must first receive a
diagnostic evaluation to be provided by the division of disability,
aging, and rehabilitative services.
(b) Subsequent diagnostic evaluations by the division of disability,
aging, and rehabilitative services shall be provided at least every
twelve (12) months to review the individual's need for services.
(c) The office shall consider the evaluations in determining the
appropriateness of placement.
SECTION 62. IC 12-15-35-28, AS AMENDED BY P.L.213-2025,
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 28. (a) The board has the following
duties:
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(1) The implementation of a Medicaid retrospective and
prospective DUR program as outlined in this chapter, including
the approval of software programs to be used by the pharmacist
for prospective DUR and recommendations concerning the
provisions of the contractual agreement between the state and any
other entity that will be processing and reviewing Medicaid drug
claims and profiles for the DUR program under this chapter.
(2) The development and application of the predetermined criteria
and standards for appropriate prescribing to be used in
retrospective and prospective DUR to ensure that such criteria
and standards for appropriate prescribing are based on the
compendia and developed with professional input with provisions
for timely revisions and assessments as necessary.
(3) The development, selection, application, and assessment of
interventions for physicians, pharmacists, and patients that are
educational and not punitive in nature.
(4) The publication of an annual report that must be subject to
public comment before issuance to the federal Department of
Health and Human Services and to the Indiana legislative council
by December 1 of each year. The report issued to the legislative
council must be in an electronic format under IC 5-14-6.
(5) The development of a working agreement for the board to
clarify the areas of responsibility with related boards or agencies,
including the following:
(A) The Indiana board of pharmacy.
(B) The medical licensing board of Indiana.
(C) The SURS staff.
(6) The establishment of a grievance and appeals process for
physicians or pharmacists under this chapter.
(7) The publication and dissemination of educational information
to physicians and pharmacists regarding the board and the DUR
program, including information on the following:
(A) Identifying and reducing the frequency of patterns of
fraud, abuse, gross overuse, or inappropriate or medically
unnecessary care among physicians, pharmacists, and
recipients.
(B) Potential or actual severe or adverse reactions to drugs.
(C) Therapeutic appropriateness.
(D) Overutilization or underutilization.
(E) Appropriate use of generic drugs.
(F) Therapeutic duplication.
(G) Drug-disease contraindications.
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(H) Drug-drug interactions.
(I) Incorrect drug dosage and duration of drug treatment.
(J) Drug allergy interactions.
(K) Clinical abuse and misuse.
(8) The adoption and implementation of procedures designed to
ensure the confidentiality of any information collected, stored,
retrieved, assessed, or analyzed by the board, staff to the board, or
contractors to the DUR program that identifies individual
physicians, pharmacists, or recipients.
(9) The implementation of additional drug utilization review with
respect to drugs dispensed to residents of nursing facilities shall
not be required if the nursing facility is in compliance with the
drug regimen procedures under 410 IAC 16.2-3.1 and 42 CFR
483.60.
(10) The research, development, and approval of a preferred drug
list for:
(A) Medicaid's fee for service program;
(B) a risk based managed care program, if the office provides
a prescription drug benefit and subject to IC 12-15-5; and
(C) the children's health insurance program under IC 12-17.6;
in consultation with the therapeutics committee.
(11) The approval of the review and maintenance of the preferred
drug list at least two (2) times per year.
(12) The preparation and submission of a report concerning the
preferred drug list at least one (1) time per year to the interim
study committee on public health, behavioral health, and human
services established by IC 2-5-1.3-4 in an electronic format under
IC 5-14-6.
(13) The collection of data reflecting prescribing patterns related
to treatment of children diagnosed with attention deficit disorder
or attention deficit hyperactivity disorder.
(14) Advising the Indiana comprehensive health insurance
association established by IC 27-8-10-2.1 concerning
implementation of chronic disease management and
pharmaceutical management programs under IC 27-8-10-3.5.
(b) The board shall use the clinical expertise of the therapeutics
committee in developing a preferred drug list. The board shall also
consider expert testimony in the development of a preferred drug list.
(c) In researching and developing a preferred drug list under
subsection (a)(10), the board shall do the following:
(1) Use literature abstracting technology.
(2) Use commonly accepted guidance principles of disease
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management.
(3) Develop therapeutic classifications for the preferred drug list.
(4) Give primary consideration to the clinical efficacy or
appropriateness of a particular drug in treating a specific medical
condition.
(5) Include in any cost effectiveness considerations the cost
implications of other components of the state's Medicaid program
and other state funded programs.
(d) Prior authorization is required for coverage under a program
described in subsection (a)(10) of a drug that is not included on the
preferred drug list.
(e) The board shall determine whether to include a single source
covered outpatient drug that is newly approved by the federal Food and
Drug Administration on the preferred drug list not later than sixty (60)
days after the date on which the manufacturer notifies the board in
writing of the drug's approval. However, if the board determines that
there is inadequate information about the drug available to the board
to make a determination, the board may have an additional sixty (60)
days to make a determination from the date that the board receives
adequate information to perform the board's review. Prior authorization
may not be automatically required for a single source drug that is newly
approved by the federal Food and Drug Administration, and that is:
(1) in a therapeutic classification:
(A) that has not been reviewed by the board; and
(B) for which prior authorization is not required; or
(2) the sole drug in a new therapeutic classification that has not
been reviewed by the board.
(f) The board may not exclude a drug from the preferred drug list
based solely on price.
(g) The following requirements apply to a preferred drug list
developed under subsection (a)(10):
(1) The office or the board may require prior authorization for a
drug that is included on the preferred drug list under the following
circumstances:
(A) To override a prospective drug utilization review alert.
(B) To permit reimbursement for a medically necessary brand
name drug that is subject to generic substitution under
IC 16-42-22-10.
(C) To prevent fraud, abuse, waste, overutilization, or
inappropriate utilization.
(D) To permit implementation of a disease management
program.
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(E) To implement other initiatives permitted by state or federal
law.
(2) The office may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list
without prior approval from the board.
(3) The board may add a drug that has been approved by the
federal Food and Drug Administration to the preferred drug list.
(h) At least one (1) time each year, the board shall provide a report
to the interim study committee on public health, behavioral health, and
human services established by IC 2-5-1.3-4 in an electronic format
under IC 5-14-6. The report must contain the following information:
(1) The cost of administering the preferred drug list.
(2) Any increase in Medicaid physician, laboratory, or hospital
costs or in other state funded programs as a result of the preferred
drug list.
(3) The impact of the preferred drug list on the ability of a
Medicaid recipient to obtain prescription drugs.
(4) The number of times prior authorization was requested, and
the number of times prior authorization was:
(A) approved; and
(B) disapproved.
(5) Any recommendations received from the mental health
Medicaid quality advisory committee under section 51(h) of this
chapter.
(i) The board shall provide the first report required under subsection
(h) not later than six (6) months after the board submits an initial
preferred drug list to the office.
SECTION 63. IC 12-16-1-1, AS AMENDED BY P.L.56-2023,
SECTION 114, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. As used in this chapter, "affected
agency" means any of the following:
(1) The department of correction.
(2) The Indiana department of health.
(3) The division of mental health and addiction.
(4) The division of disability, aging, and rehabilitative services.
SECTION 64. IC 12-16-2.5-5, AS AMENDED BY P.L.56-2023,
SECTION 115, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. The hospital care for the indigent
program does not apply to inmates and patients of institutions of the
department of correction, the Indiana department of health, the division
of mental health and addiction, the division of aging, or the division of
disability, aging, and rehabilitative services.
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SECTION 65. IC 12-16-10.5-1, AS AMENDED BY P.L.141-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The division shall, with the advice of the
division's medical staff, the division of mental health and addiction, the
division of aging, the division of disability, aging, and rehabilitative
services, and other individuals selected by the director of the division,
adopt rules under IC 4-22-2 to do the following:
(1) Provide for review and approval of services paid under the
hospital care for the indigent program.
(2) Establish limitations consistent with medical necessity on the
duration of services to be provided.
(3) Specify the amount of and method for reimbursement for
services.
(4) Specify the conditions under which payments will be denied
and improper payments will be recovered.
SECTION 66. IC 12-17.2-7.6-3, AS ADDED BY P.L.92-2024,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Not later than January 1, 2025, after
soliciting and considering recommendations from appropriate
stakeholders, the office of the secretary shall develop a regulatory
model that:
(1) is applicable only to micro facilities;
(2) incorporates waivers or variances from the office of the
secretary's rules applicable to providers under this article; and
(3) provides for a balance between the goals of:
(A) increasing the availability of child care, particularly in
geographic areas facing a critical shortage of child care, by
reducing the costs of operating a micro facility; and
(B) ensuring the health and safety of children for whom a
micro facility provides child care.
(b) In determining waivers or variances to be incorporated under
subsection (a)(2), the office of the secretary shall consider efficiencies
such as:
(1) allowing a micro facility to be operated in either a residential
or nonresidential building;
(2) prescribing educational requirements for staff members of a
micro facility that are tailored to the needs of providing child care
to groups of thirty (30) children or less; and
(3) allowing for supervision of children of diverse age groups in
a manner that maximizes use of limited facility space.
(c) Not later than March 1, 2025, the office of the secretary shall
establish and administer a pilot program under which:
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(1) a licensee under IC 12-7-2-28.4 or IC 12-7-2-28.8 that:
(A) operates an existing micro facility; or
(B) proposes to begin operating a new micro facility not more
than sixty (60) days after the date of the licensee's application
under this subdivision;
may apply to participate in the pilot program in a manner
prescribed by the office of the secretary;
(2) the office of the secretary shall select at least three (3)
licensees that apply under subdivision (1) and:
(A) allow a selected licensee described in subdivision (1)(A)
to operate the licensee's existing micro facility; and
(B) allow a selected licensee described in subdivision (1)(B)
to operate the licensee's proposed micro facility;
under the regulatory model developed under subsection (a); and
(3) the office of the secretary shall:
(A) monitor the operation of the micro facilities operating
under the regulatory model under subdivision (2); and
(B) evaluate the degree to which the operation of the micro
facilities under the regulatory model serves the balance
described in subsection (a)(3).
(d) The office of the secretary shall, to the extent practicable, select
licensees for participation in the pilot program such that the micro
facilities operated by the licensees are located in areas:
(1) that are geographically diverse from one another; and
(2) in which there exists a critical shortage of child care providers.
(e) A waiver or variance applied to a micro facility under this
section expires on the earlier of:
(1) the date specified by the office of the secretary; or
(2) December 31, 2026. December 31, 2027.
SECTION 67. IC 12-17.2-7.6-5, AS ADDED BY P.L.92-2024,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. This chapter expires January 1, 2027. January
1, 2028.
SECTION 68. IC 12-21-2-3, AS AMENDED BY P.L.104-2024,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The secretary or the secretary's designee shall
do the following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
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establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing or certifying community residential programs
described in IC 12-22-2-3.5 for individuals with serious
mental illness (SMI), serious emotional disturbance (SED), or
chronic addiction (CA) with the exception of psychiatric
residential treatment facilities.
(C) Subject to IC 12-29-2-21, certifying community mental
health centers to operate in Indiana.
(D) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(E) The implementation and administration of certification
requirements and standards for the following:
(i) Certified community behavioral health clinics.
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(ii) Recovery community organizations.
(iii) Recovery residences, for residential care and
supported housing for chronic addiction in a recovery
residence.
(iv) Certified peers.
(6) Institute programs, in conjunction with an accredited college
or university and with the approval, if required by law, of the
commission for higher education, for the instruction of students
of mental health and other related occupations. The programs may
be designed to meet requirements for undergraduate and
postgraduate degrees and to provide continuing education and
research.
(7) Develop programs to educate the public in regard to the
prevention, diagnosis, treatment, and care of all abnormal mental
conditions.
(8) Make the facilities of the state institutions available for the
instruction of medical students, student nurses, interns, and
resident and fellow physicians under the supervision of the faculty
of any accredited school of medicine or osteopathy located in
Indiana or an accredited residency or fellowship training program
in connection with research and instruction in psychiatric
disorders.
(9) Institute a stipend program designed to improve the quality
and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs,
either directly or by contract, for the diagnosis, treatment, and
prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data
to be kept concerning individuals admitted to state institutions,
community mental health centers, or other providers.
(12) Compile information and statistics concerning the ethnicity
and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6
for community mental health centers and other providers.
(14) Provide that the standards for services provided by recovery
residences for residential care and supported housing for chronic
addiction, when used as a recovery residence, to
(A) be certified through an entity approved by the division or
the division's designee to ensure adherence to standards
determined by the National Alliance for Recovery Residences
(NARR) or a similar entity; and
(B) meet other standards established by the division under
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rules adopted under IC 4-22-2. division.
(15) Provide that the standards for services provided by recovery
community organizations for behavioral health recovery, when
used as a recovery community organization,
(A) be certified through an entity approved by the division or
the division's designee to ensure adherence to standards
determined by the Indiana Recovery Network or similar entity
that certifies recovery community organizations; and
(B) meet other standards established by the division under
rules adopted under IC 4-22-2. division.
(16) Require the division to:
(A) provide best practice recommendations to community
mental health centers; and
(B) work with community mental health centers in a
collaborative manner in order to ensure improved health
outcomes as a part of reviews or audits.
Documentation developed as a part of an incident or death
reporting audit or review is confidential and may only be shared
between the division and the community mental health center.
SECTION 69. IC 12-21-8-1, AS AMENDED BY P.L.162-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "9-8-8 crisis response
center" or "center" means a state identified center participating in the
9-8-8 suicide and crisis lifeline network to respond to statewide or
regional 9-8-8 calls, text messages, and other messaging services.
SECTION 70. IC 12-21-8-10, AS AMENDED BY P.L.11-2023,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The division shall coordinate:
(1) available onsite response services of crisis calls using state
and locally funded mobile crisis teams; and
(2) crisis receiving and stabilization services resulting from a
9-8-8 call.
(b) The mobile crisis teams must be certified by the division and
must include:
(1) a peer certified by the division; and
(2) at least one (1) of the following:
(A) A behavioral health professional licensed under
IC 25-23.6.
(B) An other behavioral health professional (OBHP), as
defined in 440 IAC 11-1-12.
(C) Emergency medical services personnel licensed under
IC 16-31.
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(D) Law enforcement based coresponder behavioral health
teams.
(c) Crisis response services provided by a mobile crisis team must
be provided under the supervision of:
(1) a behavioral health professional licensed under IC 25-23.6;
(2) a licensed physician; or
(3) an advanced practice registered nurse (as defined in
IC 12-7-2-3.1).
The supervision required under this subsection may be performed
remotely.
SECTION 71. IC 12-24-1-8, AS AMENDED BY P.L.141-2006,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Each state institution shall post a notice that
a resident, the legal representative of the resident, or another individual
designated by the resident may request from the individual in charge
of each shift information that designates the names of all nursing
personnel or direct care staff on duty by job classification for the:
(1) wing;
(2) unit; or
(3) other area as routinely designated by the state institution;
where the resident resides.
(b) The notice required under subsection (a) must meet the
following conditions:
(1) Be posted in a conspicuous place that is readily accessible to
residents and the public.
(2) Be at least 24 point font size on a poster that is at least eleven
(11) inches wide and seventeen (17) inches long.
(3) Contain the:
(A) business telephone number of the superintendent of the
state institution; and
(B) toll free telephone number for filing complaints with the
division that is administratively in charge of the state
institution.
(4) State that if a resident, the legal representative of the resident,
or another individual designated by the resident is unable to
obtain the information described in subsection (a) from the
individual in charge of each shift, the resident, the legal
representative of the resident, or other individual designated by
the resident may do any of the following:
(A) Contact the superintendent of the state institution.
(B) File a complaint with the division that is administratively
in charge of the state institution by using the division's toll free
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telephone number.
(c) The director of the:
(1) division of disability, aging, and rehabilitative services; and
(2) division of mental health and addiction;
may adopt rules under IC 4-22-2 to carry out this section.
SECTION 72. IC 12-24-11-2, AS AMENDED BY P.L.99-2007,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) This section applies to an
individual who has a primary diagnosis of developmental disability.
(b) Action contemplated by a patient under this section includes
action by the patient's parent or guardian if the patient is not competent.
(c) If a patient is admitted to a state institution, the staff of the state
institution shall, before the patient is discharged, ask the patient
whether the patient's medical and treatment records may be sent to a
service coordinator employed by the division of disability, aging, and
rehabilitative services under IC 12-11-2.1 so the service coordinator
may send the records to local agencies serving the needs of individuals
with a developmental disability in the area in which the patient will
reside.
(d) If a patient agrees to release the records, the patient shall sign a
form permitting the state institution to release to a service coordinator
employed by the division of disability, aging, and rehabilitative
services under IC 12-11-2.1 a copy of the patient's medical and
treatment records to forward to local agencies serving the needs of
individuals with a developmental disability in the area in which the
patient will reside. The form must read substantially as follows:
AUTHORIZATION TO RELEASE
MEDICAL AND TREATMENT
RECORDS
I agree to permit ________________________________
(name of state institution)
to release a copy of the medical and treatment records of
__________________ to _________________________
(patient's name) (name of local agency
serving the needs of
individuals with a developmental
disability)
______________ ___________________________
(date) (signature)
___________________________
(address)
__________________ ___________________________
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(signature of individual (relationship to patient if
securing release of signature is not that of the
medical and treatment patient)
records)
(e) If a patient knowingly signs the form for the release of medical
records under subsection (d), a service coordinator employed by the
division of disability, aging, and rehabilitative services under
IC 12-11-2.1 shall allow local agencies serving the needs of individuals
with a developmental disability in the area in which the patient will
reside to obtain the following:
(1) The patient's name.
(2) The address of the patient's intended residence.
(3) The patient's medical records.
(4) A complete description of the treatment the patient was
receiving at the state institution at the time of the patient's
discharge.
(f) If the local agency does not obtain a patient's records, the state
institution shall deliver the medical records to the local agency before
or at the time the patient is discharged.
(g) If a patient does not agree to permit the release of the patient's
medical and treatment records, the service coordinator shall deliver:
(1) the patient's name; and
(2) the address of the patient's intended residence;
to local agencies serving the needs of individuals with a developmental
disability in the area in which the patient will reside before or at the
time the patient is discharged.
SECTION 73. IC 12-24-12-10, AS AMENDED BY P.L.187-2015,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) Upon admission to a state institution
administered by the division of mental health and addiction, the
gatekeeper is one (1) of the following:
(1) For an individual with a psychiatric disorder, the community
mental health center that submitted the report to the committing
court under IC 12-26.
(2) For an individual with a developmental disability, a division
of disability, aging, and rehabilitative services service coordinator
under IC 12-11-2.1.
(b) The division is the gatekeeper for the following:
(1) An individual who is found to have insufficient
comprehension to stand trial under IC 35-36-3.
(2) An individual who is found to be not guilty by reason of
insanity under IC 35-36-2-4 and is subject to a civil commitment
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under IC 12-26.
(3) An individual who is immediately subject to a civil
commitment upon the individual's release from incarceration in
a facility administered by the department of correction or the
Federal Bureau of Prisons, or upon being charged with or
convicted of a forcible felony (as defined by IC 35-31.5-2-138).
(4) An individual transferred from the department of correction
under IC 11-10-4.
(5) An individual placed under the supervision of the division for
addictions treatment under IC 12-23-7.1 and IC 12-23-8.1.
SECTION 74. IC 12-26-6-8, AS AMENDED BY P.L.9-2020,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) If, upon the completion of the hearing and
consideration of the record, the court finds that the individual is
mentally ill and either dangerous or gravely disabled, the court may
order the individual to:
(1) be committed to an appropriate facility; or
(2) enter an outpatient treatment program under IC 12-26-14 for
a period of not more than ninety (90) days.
(b) The court's order must require that the superintendent of the
facility or the attending physician file a treatment plan with the court
within fifteen (15) days of the individual's admission to the facility
under a commitment order.
(c) If the commitment ordered under subsection (a) is to a state
institution administered by the division of mental health and addiction,
the record of commitment proceedings must include a report from a
community mental health center stating both of the following:
(1) That the community mental health center has evaluated the
individual.
(2) That commitment to a state institution administered by the
division of mental health and addiction under this chapter is
appropriate.
(d) The physician who makes the statement required by section 2(c)
of this chapter may be affiliated with the community mental health
center that submits to the court the report required by subsection (c).
(e) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
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rehabilitative services under this chapter is appropriate.
(f) If the court makes a finding under subsection (a) (including a
finding in reference to a child under IC 31-37-18-3), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
SECTION 75. IC 12-26-7-3, AS AMENDED BY P.L.9-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A petition filed under section 2 of this
chapter must include a physician's written statement that states both of
the following:
(1) The physician has examined the individual within the past
thirty (30) days.
(2) The physician believes that the individual is:
(A) mentally ill and either dangerous or gravely disabled; and
(B) in need of custody, care, or treatment in a facility for a
period expected to be more than ninety (90) days.
(b) If the commitment is to a state institution administered by the
division of mental health and addiction, the record of the proceedings
must include a report from a community mental health center stating
both of the following:
(1) The community mental health center has evaluated the
individual.
(2) Commitment to a state institution administered by the division
of mental health and addiction under this chapter is appropriate.
(c) The physician who makes the statement required by subsection
(a) may be affiliated with the community mental health center that
makes the report required by subsection (b).
(d) If a commitment ordered under subsection (a) is to a state
institution administered by the division of disability, aging, and
rehabilitative services, the record of commitment proceedings must
include a report from a service coordinator employed by the division
of disability, aging, and rehabilitative services stating that, based on a
diagnostic assessment of the individual, commitment to a state
institution administered by the division of disability, aging, and
rehabilitative services under this chapter is appropriate.
SECTION 76. IC 12-28-4-4, AS AMENDED BY P.L.99-2007,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. For residential facilities for
individuals with a developmental disability that are certified for
financial participation under the Medicaid program, the division of
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disability, aging, and rehabilitative services shall recommend staffing
limitations consistent with the program needs of the residents as a part
of the office of Medicaid policy and planning's rate setting procedures.
SECTION 77. IC 12-28-4-5, AS AMENDED BY P.L.99-2007,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. For residential facilities for
individuals with a developmental disability that are not certified for
financial participation under the Medicaid program, the division of
disability, aging, and rehabilitative services shall approve appropriate
staffing limitations consistent with the program needs of the residents
as a part of the division's rate setting procedures.
SECTION 78. IC 12-28-4-6, AS AMENDED BY P.L.141-2006,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. The office of Medicaid policy and planning and
the division of disability, aging, and rehabilitative services shall enter
into a memorandum of agreement that defines the staffing limitations
to be used by the office of Medicaid policy and planning in establishing
reimbursement rates. The staffing limitations under section 5 of this
chapter may not exceed the staffing limitations defined by the
memorandum of agreement between the office of Medicaid policy and
planning and the division of disability, aging, and rehabilitative
services under section 4 of this chapter.
SECTION 79. IC 12-28-4-12, AS AMENDED BY P.L.141-2006,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) Subject to the availability of money and
consistent with needs assessment, the division of disability, aging, and
rehabilitative services shall give priority to the establishment of
residential facilities, other than the facilities described in section 3 of
this chapter, in counties in which the ratio of the number of residential
facility beds to county population is in the lowest twenty-five percent
(25%) when compared to all other Indiana counties. The division of
disability, aging, and rehabilitative services may operate residential
facilities established under this section.
(b) Before the division of disability, aging, and rehabilitative
services takes any steps to establish a residential facility under this
section, the division shall place at least two (2) legal advertisements in
a newspaper having a general circulation in the county. These
advertisements must be aimed at recruiting private parties to serve as
operators of residential facilities in the county. The advertisements
must be published at intervals at least one (1) month apart.
SECTION 80. IC 12-28-4-13, AS AMENDED BY P.L.99-2007,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 13. (a) The division of disability,
aging, and rehabilitative services may operate a program known as the
development and lease effort. Under the program, the division of
disability, aging, and rehabilitative services may develop contracts
under which the state agrees to lease buildings from private parties for
use as residential facilities for individuals with a mental illness or
individuals with autism or other individuals with a developmental
disability. Notwithstanding any other law, each contract may include
provisions that ensure the following:
(1) That the state will lease a building for not more than ten (10)
years for use as a residential facility for individuals with autism.
(2) That the state will retain the right to extend the term of the
lease for not more than ten (10) years at the conclusion of the first
ten (10) years.
(3) That the state will retain the right to sublease the building to
a person who agrees to operate the building as a residential
facility for individuals with autism under this chapter.
(b) Leases entered into under this section are subject to the approval
of the Indiana department of administration, the attorney general, the
governor, and the budget agency, as provided by law.
SECTION 81. IC 12-28-5-10, AS AMENDED BY P.L.210-2015,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. The division of disability, aging, and
rehabilitative services shall do the following:
(1) Determine the current and projected needs of each geographic
area of Indiana for residential services for individuals with a
developmental disability and, beginning July 1, 2012, annually
report the findings to the division of disability and rehabilitative
services advisory council established by IC 12-9-4-2.
(2) Determine how the provision of developmental or vocational
services for residents in these geographic areas affects the
availability of developmental or vocational services to individuals
with a developmental disability living in their own homes and,
beginning July 1, 2012, report the findings to the division of
disability and rehabilitative services advisory council established
by IC 12-9-4-2.
(3) Develop standards for licensure of supervised group living
facilities regarding the following:
(A) A sanitary and safe environment for residents and
employees.
(B) Classification of supervised group living facilities.
(C) Any other matters that will ensure that the residents will
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receive a residential environment.
(4) Develop standards for the approval of entities providing
supported living services.
SECTION 82. IC 12-28-5-16, AS AMENDED BY P.L.99-2007,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 16. The division of disability,
aging, and rehabilitative services is the primary state agency
responsible for planning, developing, coordinating, and implementing
the plan and program of supervised group living facilities and services,
including developmental and vocational services, needed for
individuals with a developmental disability residing in those facilities.
Other state agencies authorized by law or rule to carry out activities and
control money that have a direct bearing upon the provision of
supervised group living services shall enter into memoranda of
understanding or contracts with the division of disability, aging, and
rehabilitative services to ensure a coordinated utilization of resources
and responsibilities.
SECTION 83. IC 12-28-5-18.5, AS ADDED BY P.L.213-2015,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18.5. (a) The division of disability,
aging, and rehabilitative services shall increase the reimbursement rate
for services provided to an individual who receives services:
(1) under a waiver under the federal home and community based
services program; and
(2) of greater than thirty-five (35) hours per week.
(b) The amount of the increase in the reimbursement rate described
in subsection (a) shall be as follows:
(1) For the state fiscal year beginning July 1, 2015, and ending
June 30, 2016, the reimbursement rate shall be increased by an
amount equal to:
(A) the reimbursement rate in effect on June 30, 2015;
multiplied by
(B) two and one-half percent (2.5%).
(2) For the state fiscal year beginning July 1, 2016, and ending
June 30, 2017, the reimbursement rate shall be increased by an
amount equal to:
(A) the reimbursement rate in effect on June 30, 2015;
multiplied by
(B) five percent (5%).
(c) For purposes of this section, the division of disability, aging, and
rehabilitative services shall use the daily service hour grid in 460
IAC 13-5-2 multiplied by the number of days in the state fiscal year to
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establish the annual Residential Habilitation and Support (Level 2)
hours for each individual. The annual hours times the restored
Residential Habilitation and Support (Level 2) hourly rate shall
establish the maximum annual Residential Habilitation and Support
(Level 2) funding allocation for the individual regardless of whether
the Residential Habilitation and Support (Level 2) are authorized and
paid on a per unit or per day basis, except in those cases where the
division approves a budget modification request to increase the annual
allocation for Residential Habilitation and Support (Level 2) under 460
IAC 13-3-5.
SECTION 84. IC 12-29-1-7, AS AMENDED BY P.L.117-2015,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) On the first Monday in October, the county
auditor shall certify to:
(1) the division of disability, aging, and rehabilitative services,
for a community intellectual disability and other developmental
disabilities center; and
(2) the president of the board of directors of each center;
the amount of money that will be provided to the center under this
chapter.
(b) The county payment to the center shall be paid by the county
treasurer to the treasurer of each center's board of directors in the
following manner:
(1) One-half (1/2) of the county payment to the center shall be
made on the second Monday in July.
(2) One-half (1/2) of the county payment to the center shall be
made on the second Monday in December.
(c) Payments by the county fiscal body are in place of grants from
agencies supported within the county solely by county tax money.
SECTION 85. IC 12-29-3-6, AS AMENDED BY P.L.117-2015,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) As used in this section, "community mental
retardation and other developmental disabilities center" means a
community center that is:
(1) incorporated under IC 23-7-1.1 (before its repeal August 1,
1991) or IC 23-17;
(2) organized for the purpose of providing services for individuals
with an intellectual disability and other individuals with a
developmental disability;
(3) approved by the division of disability, aging, and
rehabilitative services; and
(4) accredited for the services provided by one (1) of the
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following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
(b) The county executive of a county may authorize the furnishing
of financial assistance to a community mental retardation and
intellectual or other developmental disabilities center serving the
county.
(c) Upon the request of the county executive, the county fiscal body
may appropriate annually, from the general fund of the county, money
to provide financial assistance in an amount not to exceed the amount
that could be collected from the annual tax levy of sixty-seven
hundredths of one cent ($0.0067) on each one hundred dollars ($100)
of taxable property.
SECTION 86. IC 16-27-1-2, AS AMENDED BY P.L.210-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) As used in this chapter, "home health
agency" means a person that provides or offers to provide:
(1) nursing services; or
(2) nursing services and at least one (1) home health service;
for compensation.
(b) The term does not include the following:
(1) An individual health care professional who provides
professional services to a patient in the temporary or permanent
residence of the patient.
(2) A local health department as described in IC 16-20 or
IC 16-22-8.
(3) A person that:
(A) is approved by the division of disability, aging, and
rehabilitative services to provide supported living services or
supported living supports to individuals with developmental
disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and
(C) serves only individuals with developmental disabilities who
are in a placement authorized under IC 12-11-2.1-4.
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(4) A person providing services under the Program of
All-Inclusive Care for the Elderly (PACE) described in
IC 12-15-43.
(5) A person that only administers home infusion therapy based
on a specialty medication prescription received from a pharmacy.
SECTION 87. IC 16-27-4-5, AS AMENDED BY P.L.141-2006,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) As used in this chapter, "personal services
agency" means a person that provides or offers to provide a personal
service for compensation, whether through the agency's own employees
or by arrangement with another person.
(b) The term does not include the following:
(1) An individual who provides personal services only to the
individual's family or to not more than three (3) individuals per
residence and not more than a total of seven (7) individuals
concurrently. As used in this subdivision, "family" means the
individual's spouse, child, parent, parent-in-law, grandparent,
grandchild, brother, brother-in-law, sister, sister-in-law, aunt,
aunt-in-law, uncle, uncle-in-law, niece, and nephew.
(2) A local health department as described in IC 16-20 or
IC 16-22-8.
(3) A person that:
(A) is approved by the division of disability, aging, and
rehabilitative services to provide supported living services or
supported living support to individuals with developmental
disabilities;
(B) is subject to rules adopted under IC 12-11-2.1; and
(C) serves only individuals with developmental disabilities who
are in a placement authorized under IC 12-11-2.1-4.
SECTION 88. IC 16-28.5-2-2, AS ADDED BY P.L.147-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. A housing with services establishment that
offers memory care services must register with the division of aging
bureau of better aging established by IC 12-9.1-1-1. IC 12-10-1-1.
SECTION 89. IC 16-32-2-3, AS AMENDED BY P.L.56-2023,
SECTION 152, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. The committee shall be
composed of the following members:
(1) The director of the division of disability, aging, and
rehabilitative services or the director's designee.
(2) The commissioner of the Indiana department of administration
or the commissioner's designee.
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(3) The executive director of the governor's planning council on
people with disabilities.
(4) The director of the division of mental health and addiction or
the director's designee.
(5) The commissioner of the state department or the
commissioner's designee.
(6) Three (3) members appointed by the governor to represent the
public at large.
(7) A representative of the central coordinating agency described
in section 7(8) of this chapter.
SECTION 90. IC 16-32-2-4, AS AMENDED BY P.L.141-2006,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. The members of the committee shall be
reimbursed for expenses at a rate equal to that of state employees on a
per diem basis by the division of disability, aging, and rehabilitative
services.
SECTION 91. IC 16-32-2-5, AS AMENDED BY P.L.141-2006,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. The director of the division of disability, aging,
and rehabilitative services shall designate a staff member to act as
executive secretary to the committee.
SECTION 92. IC 16-36-3-10, AS AMENDED BY P.L.141-2006,
SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. The superintendent shall compile a report of
all medically necessary treatments approved under this chapter during
each calendar quarter and send the report to the director of the division
of mental health and addiction or the director of the division of
disability, aging, and rehabilitative services not more than one (1)
month after the end of that quarter. The report must contain the
following information:
(1) The name of the patient.
(2) The type of action taken.
(3) The date of the action.
(4) The reason for the action.
(5) The names of the treating physician, the physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician's opinion.
SECTION 93. IC 16-39-2-2, AS AMENDED BY P.L.141-2006,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. A record for each patient receiving mental
health services shall be maintained by the provider. The mental health
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record must contain the information that the division of mental health
and addiction, the division of disability, aging, and rehabilitative
services, or the state department requires by rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to the
patient involved as well as to the provider. The provider shall maintain
the original mental health record or a microfilm of the mental health
record for at least seven (7) years.
SECTION 94. IC 16-39-2-6, AS AMENDED BY P.L.243-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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, aging, 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.
(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
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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.
(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.
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(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 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
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
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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 95. IC 16-40-1-2, AS AMENDED BY P.L.146-2008,
SECTION 449, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) Except as provided in
subsection (b), each:
(1) physician;
(2) superintendent of a hospital;
(3) director of a local health department;
(4) director of a local office of the department of child services;
(5) director of the division of disability, aging, and rehabilitative
services;
(6) superintendent of a state institution serving individuals with
a disability; or
(7) superintendent of a school corporation;
who diagnoses, treats, provides, or cares for a person with a disability
shall report the disabling condition to the state department within sixty
(60) days.
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(b) Each:
(1) physician holding an unlimited license to practice medicine;
or
(2) optometrist licensed under IC 25-24-1;
shall file a report regarding a person who is blind or has a visual
impairment with the office of the secretary of family and social services
in accordance with IC 12-12-9.
SECTION 96. IC 16-41-18.5-2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The state department may promote a
national lupus organization's initiatives to educate and train physicians,
other health care providers, and human services providers on the most
current and accurate scientific and medical information regarding the
following concerning lupus:
(1) Diagnosis.
(2) Treatment.
(3) Risks and benefits of medications.
(4) Research advances.
(5) Therapeutic decision making, including medical best practices
for diagnosing and treatment.
(b) The state department may distribute medically sound health
information on the state department's Internet web site website for
review by the following:
(1) Local health departments.
(2) Schools.
(3) The division bureau of better aging.
(4) Employer wellness programs.
(5) Physicians and other health care providers.
(6) Hospitals.
SECTION 97. IC 16-41-18.5-3, AS ADDED BY P.L.108-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The state department may participate in
identifying the appropriate partners to aid in the education components
of this chapter, including the following:
(1) Local health departments.
(2) Schools.
(3) Division Bureau of better aging.
(4) Area agencies on aging.
(5) Employer wellness programs.
(6) Physicians and other health care providers.
(7) Accident and sickness insurance companies and health
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maintenance organizations.
(8) Hospitals.
(9) Women's health organizations.
(10) Nonprofit entities.
(11) Community organizations.
SECTION 98. IC 16-41-18.6-2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The state department may promote a
national Parkinson's disease organization's initiatives to educate and
train physicians, other health care providers, and human services
providers on the most current and accurate scientific and medical
information regarding the following concerning Parkinson's disease:
(1) Diagnosis.
(2) Treatment.
(3) Risks and benefits of medications.
(4) Research advances.
(5) Therapeutic decision making, including medical best practices
for diagnosing and treatment.
(b) The state department may distribute medically sound health
information on the state department's Internet web site website for
review by the following:
(1) Local health departments.
(2) Schools.
(3) The division bureau of better aging.
(4) Employer wellness programs.
(5) Physicians and other health care providers.
(6) Hospitals.
SECTION 99. IC 16-41-18.6-3, AS ADDED BY P.L.108-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. The state department may participate in
identifying the appropriate partners to aid in the education components
of this chapter, including the following:
(1) Local health departments.
(2) Schools.
(3) Division Bureau of better aging.
(4) Area agencies on aging.
(5) Employer wellness programs.
(6) Physicians and other health care providers.
(7) Accident and sickness insurance companies and health
maintenance organizations.
(8) Hospitals.
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(9) Women's health organizations.
(10) Nonprofit entities.
(11) Community organizations.
SECTION 100. IC 20-26-11-8, AS AMENDED BY P.L.86-2018,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. (a) A student who is placed in a
state licensed private or public health care facility or child care facility:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
may attend school in the school corporation in which the facility is
located. If the school corporation in which the facility is located is not
the school corporation in which the student has legal settlement, the
school corporation in which the student has legal settlement shall pay
the transfer tuition of the student.
(b) A student who is placed in a state licensed private or public
health care or child care facility by a parent may attend school in the
school corporation in which the facility is located if:
(1) the placement is necessary for the student's physical or
emotional health and well-being and, if the placement is in a
health care facility, is recommended by a physician; and
(2) the placement is projected to be for not less than fourteen (14)
consecutive calendar days or a total of twenty (20) calendar days.
The school corporation in which the student has legal settlement shall
pay the transfer tuition of the student. The parent of the student shall
notify the school corporation in which the facility is located and the
school corporation of the student's legal settlement, if identifiable, of
the placement. Not later than thirty (30) days after this notice, the
school corporation of legal settlement shall either pay the transfer
tuition of the transferred student or appeal the payment by notice to the
department. The acceptance or notice of appeal by the school
corporation must be given by certified mail to the parent or guardian of
the student and any affected school corporation. In the case of a student
who is not identified as having a disability under IC 20-35, the state
board shall make a determination on transfer tuition according to the
procedures in section 15 of this chapter. In the case of a student who
has been identified as having a disability under IC 20-35, the
determination on transfer tuition shall be made under this subsection
and the procedures adopted by the state board.
(c) A student who is placed in:
(1) an institution operated by the division of disability, aging, and
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rehabilitative services or the division of mental health and
addiction; or
(2) an institution, a public or private facility, a home, a group
home, or an alternative family setting by the division of disability,
aging, and rehabilitative services or the division of mental health
and addiction;
may attend school in the school corporation in which the institution is
located. The state shall pay the transfer tuition of the student, unless
another entity is required to pay the transfer tuition as a result of a
placement described in subsection (a) or (b) or another state is
obligated to pay the transfer tuition.
(d) This subsection applies to a student who is placed:
(1) by or with the consent of the department of child services;
(2) by a court order; or
(3) by a child placing agency licensed by the department of child
services;
in a foster family home or the home of a relative or other unlicensed
caretaker that is not located in the school corporation in which the
student has legal settlement. The student may attend school in either
the school corporation in which the foster family home or other home
is located or the school corporation in which the student has legal
settlement. The department of child services and the student's foster
parents or caretaker shall make the determination concerning where the
student attends school unless that determination is made by a court that
has jurisdiction over the student. If a licensed child placing agency is
responsible for oversight of the foster family home in which the student
is placed or for providing services to the student, the department of
child services must consult with the licensed child placing agency
concerning the determination of, or the recommendations made to the
court concerning, where the student attends school. Except as provided
in subsection (e), transfer tuition is not required for the student.
(e) If a student to whom subsection (d) applies is attending school
in a school corporation that is not the school corporation in which the
student has legal settlement, the school corporation in which the
student has legal settlement shall pay transfer tuition to the school
corporation in which the student is enrolled in school if all of the
following conditions apply:
(1) The student was previously placed in a child caring institution
licensed under IC 31-27-3.
(2) While placed in the child caring institution, the student was
enrolled in a school that is:
(A) administered by the school corporation in which the child
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caring institution is located; and
(B) located at the child caring institution.
(3) The student was moved from the child caring institution to a
licensed foster family home supervised by the child caring
institution either:
(A) with the approval of the department of child services and
the court having jurisdiction over the student in a case under
IC 31-34; or
(B) by a court order in a case under IC 31-37.
(4) After moving from the child caring institution to the foster
family home, the student continues to attend the school located at
the child caring institution.
(5) The legal settlement of the student was determined by a
juvenile court under IC 31-34-20-5, IC 31-34-21-10,
IC 31-37-19-26, or IC 31-37-20-6.
(f) A student:
(1) who is placed in a facility, home, or institution described in
subsection (a), (b), or (c);
(2) to whom neither subsection (d) nor (e) applies; and
(3) for whom there is no other entity or person required to pay
transfer tuition;
may attend school in the school corporation in which the facility, home,
or institution is located. The department shall conduct an investigation
and determine whether any other entity or person is required to pay
transfer tuition. If the department determines that no other entity or
person is required to pay transfer tuition, the state shall pay the transfer
tuition for the student out of the funds appropriated for tuition support.
SECTION 101. IC 20-35-3-1, AS AMENDED BY P.L.150-2024,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The secretary of education shall appoint a
state advisory council on the education of children with disabilities.
The state advisory council's duties consist of providing policy guidance
concerning special education and related services for children with
disabilities. The secretary of education shall appoint at least seventeen
(17) members who serve for a term of four (4) years. Vacancies shall
be filled in the same manner for the unexpired balance of the term.
(b) The members of the state advisory council must be:
(1) citizens of Indiana;
(2) representative of the state's population; and
(3) selected on the basis of their involvement in or concern with
the education of children with disabilities.
(c) A majority of the members of the state advisory council must be
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individuals with disabilities or the parents of children with disabilities.
Members must include the following:
(1) Parents of children with disabilities.
(2) Individuals with disabilities.
(3) Teachers.
(4) Representatives of postsecondary educational institutions that
prepare special education and related services personnel.
(5) State and local education officials.
(6) Administrators of programs for children with disabilities.
(7) Representatives of state agencies involved in the financing or
delivery of related services to children with disabilities, including
the following:
(A) The commissioner of the Indiana department of health or
the commissioner's designee.
(B) The director of the division of disability, aging, and
rehabilitative services or the director's designee.
(C) The director of the division of mental health and addiction
or the director's designee.
(D) The director of the department of child services or the
director's designee.
(8) Representatives of nonpublic schools and freeway schools.
(9) One (1) or more representatives of vocational, community, or
business organizations concerned with the provision of
transitional services to children with disabilities.
(10) Representatives of the department of correction.
(11) A representative from each of the following:
(A) The Indiana School for the Blind and Visually Impaired
board.
(B) The Indiana School for the Deaf board.
(12) A representative from the Arc of Indiana.
(d) The responsibilities of the state advisory council are as follows:
(1) To advise the secretary of education and the state board
regarding all rules pertaining to children with disabilities.
(2) To advise the department of unmet needs within Indiana in the
education of children with disabilities.
(3) To provide public comment on rules proposed by the state
board regarding the education of children with disabilities.
(4) To advise the department in developing evaluations and
reporting data to the United States Secretary of Education under
20 U.S.C. 1418.
(5) To advise the department in developing corrective action
plans to address findings identified in federal monitoring reports
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under 20 U.S.C. 1400 et seq.
(6) To advise the department in developing and implementing
policies related to the coordination of services for children with
disabilities.
(e) The state advisory council shall do the following:
(1) Organize with a chairperson selected by the secretary of
education.
(2) Meet as often as necessary to conduct the council's business
at the call of the chairperson, upon ten (10) days written notice,
but not less than four (4) times a year.
(f) Members of the state advisory council are entitled to reasonable
amounts for expenses necessarily incurred in the performance of their
duties.
(g) The secretary of education shall do the following:
(1) Designate the director to act as executive secretary of the state
advisory council.
(2) Furnish all professional and clerical assistance necessary for
the performance of the state advisory council's powers and duties.
(h) The affirmative votes of a majority of the members appointed to
the state advisory council are required for the state advisory council to
take action.
SECTION 102. IC 20-35-8-2, AS AMENDED BY P.L.56-2023,
SECTION 197, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) The state board shall adopt
rules under IC 4-22-2 to establish limits on the amount of
transportation that may be provided in the student's individualized
education program. Unless otherwise specially shown to be essential
by the child's individualized education program, in case of residency in
a public or private facility, these rules must limit the transportation
required by the student's individualized education program to the
following:
(1) The student's first entrance and final departure each school
year.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education in
a public school, the state or school corporation responsible for the
payment of transfer tuition under IC 20-26-11-1 through IC 20-26-11-4
shall pay the cost of transportation required by the student's
individualized education program.
(c) If a student receives a special education:
(1) in a facility operated by:
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(A) the Indiana department of health;
(B) the division of disability, aging, and rehabilitative services;
or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired; or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2 in
order to receive a special education because the student's school
corporation cannot provide an appropriate special education program,
the school corporation in which the student has legal settlement shall
pay the cost of transportation required by the student's individualized
education program. However, if the student's legal settlement cannot
be ascertained, the state board shall pay the cost of transportation
required by the student's individualized education program.
(e) A student's individualized education program may allow for the
student's transportation by appropriate vehicle. The state board shall
adopt rules under IC 4-22-2 governing transportation of students by
appropriate vehicle.
SECTION 103. IC 21-12-2-2, AS ADDED BY P.L.22-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) This section applies to an individual who
receives financial benefits or financial resources from the following
sources:
(1) The Servicemen's Readjustment Act of 1944, as amended, and
other acts of Congress granting a right, privilege, or benefit to
veterans.
(2) The federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and amendments to that statute, including programs administered
by the division of disability, aging, and rehabilitative services
established by IC 12-9-1-1 under the federal act.
(3) The federal Social Security Act.
(b) When determining financial eligibility for need based financial
aid available to a veteran student (as defined in IC 21-41-12-2), the
commission shall exclude any financial benefit or financial resources
received by the veteran student from any of the following sources:
(1) The Servicemen's Readjustment Act of 1944, as amended, and
other acts of Congress granting a right, privilege, or benefit to
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veterans.
(2) The federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and amendments to that statute, including programs administered
by the division of disability, aging, and rehabilitative services
established by IC 12-9-1-1 under the federal act.
(3) The federal Social Security Act.
SECTION 104. IC 21-15-2-1, AS AMENDED BY P.L.22-2018,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This section applies to the board of trustees
of the following state educational institutions:
(1) Ball State University.
(2) Indiana University.
(3) Indiana State University.
(4) Purdue University.
(5) University of Southern Indiana.
(b) The board of trustees of a state educational institution may
award financial aid to students and groups of students out of the
available resources of the state educational institution through:
(1) scholarships;
(2) fellowships;
(3) loans; and
(4) remissions of fees, tuition, charges, or other funds;
on the basis of financial need, excellence of academic achievement or
potential achievement, or any other basis that the board of trustees
finds to be reasonably related to the educational purposes and
objectives of the institution.
(c) When determining financial eligibility for need based financial
aid available to a veteran student (as defined in IC 21-41-12-2), each
state educational institution shall exclude any financial benefit or
financial resources received by the veteran student from any of the
following sources:
(1) The Servicemen's Readjustment Act of 1944, as amended, and
other acts of Congress granting a right, privilege, or benefit to
veterans.
(2) The federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and amendments to that statute, including programs administered
by the division of disability, aging, and rehabilitative services
established by IC 12-9-1-1 under the federal act.
(3) The federal Social Security Act.
SECTION 105. IC 21-15-2-3, AS AMENDED BY P.L.22-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The board of trustees of Ivy Tech
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Community College may provide scholarships and remission of fees in
proper cases.
(b) When determining financial eligibility for need based financial
aid available to a veteran student (as defined in IC 21-41-12-2), the
board of trustees of Ivy Tech Community College may exclude any
financial benefit or financial resources received by the veteran student
from any of the following sources:
(1) The Servicemen's Readjustment Act of 1944, as amended, and
other acts of Congress granting a right, privilege, or benefit to
veterans.
(2) The federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and amendments to that statute, including programs administered
by the division of disability, aging, and rehabilitative services
established by IC 12-9-1-1 under the federal act.
(3) The federal Social Security Act.
SECTION 106. IC 21-15-2-5, AS ADDED BY P.L.22-2018,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) This section applies to the board of trustees
of Vincennes University.
(b) When determining financial eligibility for need based financial
aid available to a veteran student (as defined in IC 21-41-12-2), the
board of trustees of Vincennes University may exclude any financial
benefit or financial resources received by the veteran student from any
of the following sources:
(1) The Servicemen's Readjustment Act of 1944, as amended, and
other acts of Congress granting a right, privilege, or benefit to
veterans.
(2) The federal Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
and amendments to that statute, including programs administered
by the division of disability, aging, and rehabilitative services
established by IC 12-9-1-1 under the federal act.
(3) The federal Social Security Act.
SECTION 107. IC 21-38-6-1, AS AMENDED BY P.L.143-2022,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) An employee health plan that provides
coverage for early intervention services shall reimburse the first steps
program a monthly fee established by the division of disability, aging,
and rehabilitative services. Except when the monthly fee is less than
the product determined under IC 12-12.7-2-23(b), the monthly fee shall
be provided instead of claims processing of individual claims.
(b) An employee health plan may not require authorization for
services specified in the covered individual's individualized family
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service plan, if those services are a covered benefit under the plan,
once the individualized family service plan is signed by a physician, an
advanced practice registered nurse, or a physician assistant.
(c) The department of insurance shall adopt rules under IC 4-22-2
to ensure compliance with this section.
SECTION 108. IC 22-3-2-2.3, AS AMENDED BY P.L.141-2006,
SECTION 104, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.3. (a) As used in this section,
"volunteer worker" means a person who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184); and
(B) for which the person does not receive compensation of any
nature; and
(2) has been approved and accepted as a volunteer worker by the
director of:
(A) the division of disability, aging, and rehabilitative services;
or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for a
state institution (as defined in IC 12-7-2-184) are governmental
services. A volunteer worker is subject to the medical benefits
described under this chapter through IC 22-3-6. However, a volunteer
worker is not under this chapter through IC 22-3-6.
SECTION 109. IC 22-3-12-2, AS AMENDED BY P.L.141-2006,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. When any compensable injury
requires the filing of a first report of injury by an employer, the
employer's worker's compensation insurance carrier or the self-insured
employer shall forward a copy of the report to the central office of the
division of disability, aging, and rehabilitative services, rehabilitation
services bureau at the earlier of the following occurrences:
(1) When the compensable injury has resulted in temporary total
disability of longer than twenty-one (21) days.
(2) When it appears that the compensable injury may be of such
a nature as to permanently prevent the injured employee from
returning to the injured employee's previous employment.
SECTION 110. IC 25-23.6-1-3.9, AS AMENDED BY P.L.56-2023,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3.9. (a) "Governmental employee"
means an individual employed by the office of the secretary of family
and social services, the division of family resources, the division of
mental health and addiction, the division of disability, aging, and
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rehabilitative services, the division of aging, the department of
correction, the department of child services, or the Indiana department
of health in one (1) of the following classifications:
(1) 2AA3 Behavioral clinician 3.
(2) 2AA4 Behavioral clinician 4.
(3) 2AA5 Clinical associate 5.
(4) 2FL1 Mental health administrator 1.
(5) 2FL2 Mental health administrator 2.
(6) 2FL3 Mental health administrator 3.
(7) 2AN3 Substance abuse counselor 3.
(8) 2AN4 Substance abuse counselor 4.
(9) 2AN5 Substance abuse counselor 5.
(10) 2AH2 Social services specialist 2.
(11) 2AH3 Social services specialist 3.
(12) 2AH4 Social services specialist 4.
(13) 2AI1 Psychiatric services director 1.
(14) 2AE2 Psychiatric social services specialist 2.
(15) 2AE3 Psychiatric social services specialist 3.
(16) 2AP2 Family case manager 2.
(17) 2AP3 Family case manager trainee 3.
(18) 7AP3 Family case manager supervisor 3.
(19) 7AP4 Family case manager supervisor 4.
(b) The term includes any employee of the department of child
services, regardless of the employee's job title or classification, who, as
part of the employee's assigned job, is carrying out the duties of the
department of child services, as set forth in IC 31-25-2-7 and
IC 31-25-2-8.
SECTION 111. IC 27-8-12-7.1, AS AMENDED BY P.L.141-2006,
SECTION 109, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.1. The department of insurance
shall adopt rules under IC 4-22-2 that establish standards for the
qualification of a long term care policy under IC 12-15-39.6. The rules
must include the following:
(1) The standards adopted under section 7 of this chapter.
(2) The requirement that an insurer or other person who issues a
qualified long term care policy must at a minimum offer to each
policyholder or prospective policyholder a policy that provides
both:
(A) long term care facility coverage; and
(B) home and community care coverage.
(3) A provision that an insurer or other person who complies with
subdivision (2) may elect to also offer a qualified long term care
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policy that provides only long term care facility coverage.
(4) The submission of data by insurers that will allow the
department of insurance, the office of Medicaid policy and
planning, and the division bureau of better aging to administer
the Indiana long term care program under IC 12-15-39.6.
(5) Other standards needed to administer the Indiana long term
care program.
SECTION 112. IC 27-8-27-6, AS AMENDED BY P.L.143-2022,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A health insurance plan that provides
coverage for early intervention services shall reimburse the first steps
program a monthly fee established by the division of disability, aging,
and rehabilitative services. Except when the monthly fee is less than
the product determined under IC 12-12.7-2-23(b), the monthly fee shall
be provided instead of claims processing of individual claims.
(b) A health insurance plan may not require authorization for
services specified in the covered individual's individualized family
service plan, if those services are a covered benefit under the plan,
once the individualized family service plan is signed by a physician, an
advanced practice registered nurse, or a physician assistant.
(c) The department of insurance shall adopt rules under IC 4-22-2
to ensure compliance with this section.
SECTION 113. IC 29-3-3-5, AS AMENDED BY P.L.141-2006,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. The chief of social services (or
a person designated by the chief of social services) at any institution
under the control of the division of mental health and addiction or the
division of disability, aging, and rehabilitative services may execute
the necessary documents to make applications on behalf of a patient in
the institution to receive public assistance or to transfer the patient to
an alternate care facility without the appointment of a guardian or other
order of court.
SECTION 114. IC 33-37-8-4, AS AMENDED BY P.L.187-2015,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (b), upon
receipt of monthly claims submitted on oath to the fiscal body by a
program listed in section 3(b) of this chapter, the fiscal body of the city
or town shall appropriate from the city or town fund to the program the
amount collected for the program fee under IC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversion
program may be disbursed only by the adoption of an ordinance
appropriating the funds for one (1) or more of the following purposes:
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(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputy
prosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial support
staff.
(4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software,
communication devices, office machinery, furnishings, and office
supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorney
that is intended to reduce or prevent criminal activity, including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) The provision of evidence based mental health and addiction,
intellectual disability, developmental disability, autism, and
co-occurring autism and mental illness forensic treatment services
to reduce the risk of recidivism in a program administered or
coordinated by a provider certified or licensed by the division of
mental health and addiction or the division of disability, aging,
and rehabilitative services with expertise in providing evidence
based forensic treatment services.
(10) Any other purpose that benefits the office of the prosecuting
attorney or law enforcement and that is agreed upon by the county
fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only in
accordance with guidelines adopted by the prosecuting attorneys
council under IC 33-39-8-5.
SECTION 115. IC 33-37-8-6, AS AMENDED BY P.L.187-2015,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Except as provided in subsection (b), upon
receipt of monthly claims submitted on oath to the fiscal body by a
program listed in section 5(b) of this chapter, the county fiscal body
shall appropriate from the county fund to the program or fund the
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amount collected for the program under IC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversion
program may be disbursed only by the adoption of an ordinance
appropriating the funds for one (1) or more of the following purposes:
(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputy
prosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial support
staff.
(4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software,
communication devices, office machinery, furnishings, and office
supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorney
that is intended to reduce or prevent criminal activity, including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) The provision of evidence based mental health and addiction,
intellectual disability, developmental disability, autism, and
co-occurring autism and mental illness forensic treatment services
to reduce the risk of recidivism in a program administered or
coordinated by a provider certified or licensed by the division of
mental health and addiction or the division of disability, aging,
and rehabilitative services with expertise in providing evidence
based forensic treatment services.
(10) Any other purpose that benefits the office of the prosecuting
attorney or law enforcement and that is agreed upon by the county
fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only in
accordance with guidelines adopted by the prosecuting attorneys
council under IC 33-39-8-5.
SECTION 116. IC 34-30-2.1-129.7 IS REPEALED [EFFECTIVE
JULY 1, 2026]. Sec. 129.7. IC 12-9.1-6-10 (Concerning information
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provided by a participant in the yellow dot motor vehicle medical
information program).
SECTION 117. IC 34-30-2.1-136.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 136.5. IC 12-10-21-10
(Concerning information provided by a participant in the yellow
dot motor vehicle medical information program).
SECTION 118. IC 35-46-1-13, AS AMENDED BY P.L.5-2022,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) A person who:
(1) believes or has reason to believe that an endangered adult or
person of any age who has a mental or physical disability is the
victim of battery, neglect, or exploitation as prohibited by this
chapter or IC 35-42-2-1; and
(2) knowingly fails to report the facts supporting that belief to the
division of disability, aging, and rehabilitative services, the
division of aging, the adult protective services unit designated
under IC 12-10-3, or a law enforcement agency having
jurisdiction over battery, neglect, or exploitation of an endangered
adult;
commits a Class B misdemeanor.
(b) An officer or employee of the division or adult protective
services unit who unlawfully discloses information contained in the
records of the division of aging bureau of better aging under
IC 12-10-3-12 through IC 12-10-3-15 commits a Class C infraction.
(c) A law enforcement agency that receives a report that an
endangered adult or person of any age who has a mental or physical
disability is or may be a victim of battery, neglect, or exploitation as
prohibited by this chapter or IC 35-42-2-1 shall immediately transmit
the report to the adult protective services unit designated under
IC 12-10-3.
(d) An individual who discharges, demotes, transfers, prepares a
negative work performance evaluation, reduces benefits, pay, or work
privileges, or takes other action to retaliate against an individual who
in good faith makes a report under IC 12-10-3-9 concerning an
endangered individual commits a Class A infraction.
SECTION 119. IC 36-2-14-18, AS AMENDED BY P.L.186-2025,
SECTION 255, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18. (a) Notwithstanding
IC 5-14-3-4(b)(1), when a coroner investigates a death, the office of the
coroner is required to make available for public inspection and copying
the following:
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(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no
address the location where the dead body was found and, if
different, the address where the death occurred, or if there is no
address the location where the death occurred.
(3) The name of the agency to which the death was reported and
the name of the person reporting the death.
(4) The name of any public official or governmental employee
present at the scene of the death and the name of the person
certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed)
limited to the date, the person who performed the autopsy, where
the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person
determining the location to which the body was removed, and the
authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6
of this chapter and the verdict and the written report required
under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
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upon the written request of:
(1) the director of the division of disability, aging, and
rehabilitative services established by IC 12-9-1-1; or
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 16-49-4; or
(3) a county child fatality review team or regional child fatality
review team established under IC 16-49-2 for the area where the
death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 16-49-1-2) and
making a determination as to whether the death of the child was a
result of abuse, abandonment, or neglect. An autopsy report made
available under this subsection is confidential and shall not be
disclosed to another individual or agency, unless otherwise authorized
or required by law.
(f) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to the local fetal-infant mortality review team
established under IC 16-49-6 for purposes of the local fetal-infant
mortality review team conducting a review or an investigation of the
circumstances surrounding a fetal death or an infant death (as defined
in IC 16-49-6). An autopsy report made available under this subsection
is confidential and shall not be disclosed to another individual or
agency, unless otherwise authorized or required by law.
(g) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
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report, including a photograph, a video recording, or an audio recording
of the autopsy, to the statewide maternity mortality review committee
established under IC 16-50-1.
(h) Notwithstanding any other provision of this section, and except
as otherwise provided in this subsection, a coroner may make available,
upon written request, a full copy of an autopsy report to the peer review
committee (as defined in IC 34-6-2.1-145) of a hospital at which the
decedent was treated immediately before death for purposes of the
hospital's peer review activities. An autopsy report made available
under this subsection:
(1) may not include:
(A) a photograph;
(B) a video recording; or
(C) an audio recording;
of the autopsy; and
(2) is confidential and may not be disclosed to another individual
or agency, unless otherwise authorized or required by law.
However, if immediately making available an autopsy report under this
subsection will interfere with the coroner's investigation or other legal
proceedings related to the decedent's death, the coroner may delay
making available the requested autopsy related information until the
investigation or other legal proceedings are concluded.
(i) Except as provided in subsection (j), the information required to
be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(j) The prosecuting attorney may petition a circuit or superior court
for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(k) Upon receipt of a copy of the petition described in subsection (j),
the coroner shall keep the information confidential until the court rules
on the petition.
(l) The court shall grant a petition filed under subsection (j) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the reasons
for granting or denying the petition. An order issued under this
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subsection must use the least restrictive means and duration possible
when restricting access to the information. Information to which access
is restricted under this subsection is confidential.
(m) Any person may petition the court to modify or terminate an
order issued under subsection (l). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the coroner.
(n) Upon receipt of a petition for modification or termination filed
under subsection (m), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party or
upon the court's own motion, the court may close the hearing to the
public.
(o) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the
information. In ruling on a request under this subsection, the court shall
state the court's reasons for granting or denying the request.
SECTION 120. [EFFECTIVE JULY 1, 2026] (a) The publisher of
the Indiana Administrative Code and Indiana Register shall
transfer rules concerning aging from the title of the Indiana
Administrative Code for the division of aging to the title of the
Indiana Administrative Code for the division of disability, aging,
and rehabilitative services. The rules to be transferred include the
following:
(1) 455 IAC 1.
(2) 455 IAC 2.
(3) 455 IAC 3.
(4) Any other rules the office of the secretary of family and
social services identifies to the publisher of the Indiana
Administrative Code and Indiana Register concerning aging
that are to be transferred.
(b) The office of the secretary of family and social services shall
submit a statement to the publisher of the Indiana Administrative
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Code and Indiana Register under IC 4-22-7-7 indicating which
rules the secretary of family and social services determines should
transfer under subsection (a)(4).
(c) The publisher of the Indiana Administrative Code and
Indiana Register shall transfer 470 IAC 3.1 from the division of
family resources to the division of disability, aging, and
rehabilitative services.
(d) This SECTION expires December 31, 2026.
SECTION 121. [EFFECTIVE JULY 1, 2026] (a) The legislative
services agency shall prepare legislation for introduction in the
2027 regular session of the general assembly to make appropriate
changes in statutes that are required by this act.
(b) This SECTION expires December 31, 2027.
SECTION 122. An emergency is declared for this act.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 222 — ConcurEvery fact on this page links to its source, starting with the official bill record.