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Legislative Updates

Both the Senate and the House adjourned for the last time this year on Wednesday, March 14.  It was a late night at the statehouse on Wednesday as lawmakers rushed to get bills passed and ultimately ended with a number of key bills left on the table including two of the Governor’s own initiatives. The chaotic close came after the Senate and House spent considerable time in closed door meetings and spending hours on the floor honoring the numerous retiring lawmakers in the final days of session. 

Among the bills that were still on the table when the clock struck midnight, and therefore died, were measures that would have provided extra funding for school safety, allow for driver-less cars, increase gun rights, and make adjustments to the tax system including LeadingAge Indiana supported CCRC language. 
In response to the unusual ending to session, Governor Holcomb announced that the Indiana General Assembly will be called back into special session in mid-May to complete work on the following topics: 
  • Increased funding for school safety;
  • One-time loan of $12M to the Muncie School Corporation; and
  • Moving the state’s conformity date to Feb. 11 to comply with federal tax changes and complying with IRS rules to protect federal taxpayer information.
Overall, the 2018 session was “quiet” and without major disruption allowing the law-making body to be focused on workforce development, school funding, alcohol sales, and the ongoing addiction issues facing the state. To that end, the majority of Governor Holcomb’s Next Level Agenda items were successfully passed into law.
2018 Legislative Session by the Numbers 
There were a total of 901 bills introduced this session with 130 House bills and 172 Senate bills surviving the first deadline. In total 212 bills, 101 House bills and 111 Senate bills, passed the legislature. That’s 23% of all proposed bills that were sent to the Governor’s desk for signature.
LeadingAge Session Highlights;
Author: Ron Bacon, R-New Albany
Sponsor: Ed Charbonneau, R-Valparaiso
Position: Neutral
Status: Signed by Governor
Takes effect: July 1, 2018
Bill Details:   Requires an operator of a housing with services establishment to provide to residents certain information concerning influenza and influenza vaccinations. Specifies that an operator is deemed to be in compliance with the requirement if the operator provides a resident the latest vaccination information statement concerning influenza issued by the Centers for Disease Control and Prevention.
Author: David Frizzell, R-Indianapolis
Sponsor: Jean Leising, R-Oldenburg
Position: Support
Status: Signed by the Governor
Effective Date: July 1, 2018
Bill Details:  Allows a dental hygienist to practice dental hygiene in a location and without supervision under an access practice agreement with an access practice dentist. Specifies the requirements to provide dental hygiene services under an access practice agreement. Requires an access practice dentist to be available to provide emergency communication and consultation with the dental hygienist. Establishes record keeping requirements. Requires a dental hygienist who provides services under an access practice agreement to maintain malpractice liability insurance. Requires a signed consent form before providing services under an access practice agreement. Requires that certain written information be provided to the patient or the parent or legal guardian of the patient after providing dental hygiene services. Requires patient records to be transferred to the access practice dentist when an access practice agreement is terminated.
Author: David Frizzell, R-Indianapolis
Sponsor: Ed Charbonneau, R-Valparaiso
Position: Support
Status: Signed by Governor
Effective Date: July 1, 2018
Bill Details: Requires the office of Medicaid policy and planning to use the report card score published by the state department of health on June 30, 2017, to establish the nursing facility report card score measure of the nursing facility total quality score in determining reimbursement rates to nursing facilities for services provided to Medicaid recipients for the July 1, 2018, rate effective date.
Author: Cindy Kirchhofer, R- Indianapolis
Sponsor: Michael Crider, R-Greenfield
Position: Support
Status: Signed by Governor
Effective Date: July 1, 2018
Bill Details: Provides that the definition of "cardiopulmonary resuscitation" (CPR) that applies to a do not resuscitate declaration also applies to a physician order for scope of treatment (POST) form. Adds licensed dentists, home health aides, and physician assistants to the definition of "health care provider" for purposes of a POST form. Establishes a priority order for who may provide consent if an adult is incapable of providing consent to health care. Provides exceptions to the priority order. Provides that if the individuals at the same priority level disagree as to the health care decisions on behalf of the patient, a majority of the available individuals at the same priority level controls. Provides that if an individual is incapable of consenting to the individual's own health care, the health care provider shall make a reasonable inquiry as to the availability of individuals who are able to provide health care consent. Specifies that the POST laws do not create a duty for a person to perform CPR on a declarant if the declarant's POST form indicates the declarant is not to be resuscitated. Allows a treating physician, advanced practice nurse, or physician assistant to execute and exercise certain responsibilities concerning a POST form. Allows a qualified person or representative to use an electronic signature on the POST form. Permits a representative to revoke a POST form if the declarant is incapable of making health care decisions and the representative acts: (1) in good faith; and (2) in accordance with the qualified person's intentions, if known, or in the qualified person's best interests, if the intentions are not known. Allows a POST document that was executed in another state and that meets certain conditions to be honored in Indiana. Requires the state department of health to maintain on the department's Internet web site a list of, or a link to the Internet web sites of, other states that may honor a POST form.
Author: Ed Clere, R- New Albany
Sponsor: Vaneta Becker, R-Evansville
Position: Support
Status: Signed by Governor
Effective Date: Various dates depending on section
Selected Bill Details:  Provides that the definition of "community and home care services" includes services, not covered by Medicaid, necessary to prevent individuals with intellectual or developmental disabilities from being institutionalized and to help such individuals to transition out of health care facilities or group homes. 
Beginning July 1, 2019, removes the 12 month limitation on receipt by certain individuals of supplemental nutrition assistance program (SNAP) benefits. Specifies that, beginning January 1, 2020, Indiana elects to opt out of the federal law prohibiting individuals convicted of certain drug offenses from receiving SNAP assistance if the individual meets specified conditions. Specifies that if the individual violates any terms of the probation, parole, community corrections, or reentry court program, the individual is ineligible for SNAP.
Requires the office of the secretary of family and social services to study reimbursement rates and the methodology for case management services for recipients of certain Medicaid waivers. Provides that any new rates as a result of a study: (1) may not take effect until January 1, 2019, or be applied retroactively; and (2) must be approved through a Medicaid waiver amendment. Requires the board of pharmacy to adopt rules concerning telepharmacy under the laws regulating remote dispensing facilities. 
Author: Ryan Mishler, R-Breman 
Sponsor: Tim Brown, R-Crawfordsville
Position: Support
Status: Signed by Governor
Effective date: July 1, 2018, Moratorium remains in effect until ISDH adopts CON rule
Bill Details: Requires the office of the secretary of family and social services to cooperate with the state department of health in the provision of certain health facility information. Amends the expiration of statutes placing certain limitations on the licensure of comprehensive care health facilities and the licensure of comprehensive care beds to the date upon which certain administrative rules take effect. Establishes a comprehensive care health facility certificate of need program administered by the state department. The Certificate of Need program is based on a formula that considers current utilization and future population of Hoosiers age 65+ on a county by county basis, and the program requires annual review to be responsive to need. Sets forth certificate of need application requirements and exemptions. Urges the interim study of whether unused or underused facilities at the Logansport State Hospital could feasibly be used as an inpatient treatment facility for Medicaid eligible substance and addictions-based treatment.
Author: Jeff Raatz, R-Centerville
Sponsor: Jeffrey Thompson, R-Lizton
Position: Neutral
Status: Signed by Governor
Bill Details: Provides that an expanded criminal history check may be used instead of certain background checks and criminal history checks for home health care workers. Prohibits an expanded criminal history check to include certain criminal history information. Provides that an expanded criminal history check satisfies the division of aging's criminal history requirements.
Author: Vaneta Becker, R-Evansville 
Sponsor: Todd Houston, R-Indianapolis
Position: Support
Status: Signed by Governor
Effective Date: July 1, 2018
Bill Details:  Requires the office of Medicaid policy and planning (office) to reimburse for assisted living services provided to a Medicaid waiver recipient who is aged or disabled when the service is provided by a residential care facility or a housing with services establishment. Allows for Medicaid reimbursement for any home and community based services provided to a Medicaid recipient beginning on the date of the individual's application. Sets forth requirements and limitations concerning assisted living services provided in a home and community based services setting. Requires the office to implement a process for and resume enrollment of a provider with specialized and secure settings to become a provider under a home and community based service program. Sets forth timing requirements for the division of aging to issue written findings after inspections for compliance with home and community based service requirements.
Legislative Morgue
Author: Dan Leonard, R-Huntington 
Sponsor: Eric Bassler, R-Washington
Position: Support
Status: Died for failure to pass both housed before adjournment; will be part of the Special Session in May.
Bill Details:  This bill contains many different property tax matters across different sections of the code.  LeadingAge Indiana is supportive of the sections of the bill that involves Continuing Care Retirement Communities.  
This bill provides a property tax exemption for certain continuing care retirement communities and provides for certain exceptions to the exemption filing deadlines for taxpayers who otherwise qualify for an exemption under current law. The exemption would cover tangible properties owned by the CCRC, such as a restaurant that serves the public, that meet certain conditions.
Author: Doug Eckerty, R-Yorktown
Position: Support
Status: Bill died for failure to pass House of Representatives
Bill Details: Provides a property tax exemption for affordable rental housing property when the property does not otherwise qualify for a property tax exemption. Provides that, in order to qualify for the exemption, the owner must meet the criteria applied by the Internal Revenue Service in determining if an organization that provides low income housing is considered charitable because it relieves the poor and distressed.

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