Citations Affected: IC 12-11-1.1-1; IC 16-19-3-26; IC 25-22.5-2-8; IC 36-1-11-1.
Synopsis: Health matters. Conference committee report for EHB 1360. Provides a process for
approval of an entity that is approved by a national accrediting body to provide certain services
under home and community based services waivers. Requires the Indiana Donation Alliance
Foundation and Donate Life Indiana to submit an annual audited report concerning the
anatomical gift promotion fund (fund) to the: (1) speaker of the house of representatives; (2)
president pro tempore of the senate; (3) senate health and provider services committee; and (4)
house of representatives public health committee; before February 1. Provides that money in the
fund may not be distributed for any quarter of a year until the report for the previous year has
been submitted. Requires that any annual reports that were not submitted before March 15, 2011,
must be submitted by August 1, 2012. Extends the expiration date of the fund from July 1, 2012,
to July 1, 2014. Exempts the health and hospital corporation from following certain procedures
in the sale, lease, or disposal of property. (Current law exempts the health and hospital
corporation from following these procedures in the disposal of surplus property.) Adds the
violations of failing to disclose, or negligently omitting, documentation requested for license
renewal to the list of violations for which the medical licensing board of Indiana may investigate
and assess a civil penalty against a physician. (This conference committee report does the
following: (1) adds the approval process for certain entities under home and community
based services waivers; (2) exempts the health and hospital corporation from following
certain procedures in the sale, lease, or disposal of property; and (3) adds the violation of
failing to disclose, or negligently omitting, documentation requested for license renewal to
the physician licensure law. Makes a technical change.)
Effective: June 30, 2012; July 1, 2012.
Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed Senate Amendments to Engrossed House Bill No. 1360 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that the House now concur in all Senate amendments to the bill and that the bill be further amended as follows:
Delete everything after the enacting clause and insert the following:
community based settings in which individuals without
(6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2.
(d) The bureau shall approve entities to provide community based services and supports as follows:
(1) Beginning July 1, 2011, the bureau shall ensure that an entity approved to provide day services, identified day habilitation, including facility based or community based habilitation, prevocational services, or
vocational employment services under
home and community based services waivers is accredited by at
least one (1) of the following organizations:
(1) The Commission on Accreditation of Rehabilitation Facilities
(CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for People
with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its
(5) The ISO-9001 human services QA system.
(6) An independent national accreditation organization approved
by the secretary. an approved national accrediting body
described in subsection (j).
(2) Beginning July 1, 2012, the bureau shall ensure that an entity approved to provide residential habilitation and support services under home and community based services waivers is accredited by an approved national accrediting body. However, if an entity is accredited to provide home and community based services under subdivision (1) other than residential habilitation and support services, the bureau may extend the time that the entity has to comply with this subdivision until the earlier of the following:
(A) The completion of the entity's next scheduled accreditation survey.
(B) July 1, 2015.
(e) Subject to subsection (k), the bureau shall initially approve, reapprove, and monitor community based residential, habilitation, and
vocational employment service providers that provide alternatives to
placement of individuals with a developmental disability in state
institutions and health facilities licensed under IC 16-28 for individuals
with a developmental disability. The services must simulate, to the
extent feasible, patterns and conditions of everyday life that are as
close as possible to normal. The community based service categories
include the following:
(1) Supervised group living programs, which serve at least four (4) individuals and not more than eight (8) individuals, are funded by Medicaid, and are licensed by the community residential facilities council.
(2) Supported living service arrangements to meet the unique needs of individuals in integrated settings. Supported living
service arrangements providing residential services may not serve
more than four (4) unrelated individuals in any one (1) setting.
However, the head of the bureau shall waive this limitation for a
setting providing residential services to more than four (4)
unrelated individuals in any one (1) setting if the setting was in
existence on June 30, 1999.
(f) To the extent that services described in subsection (e) are available and meet the individual's needs, an individual is entitled to receive services in the least restrictive environment possible.
(g) Community based services under subsection (e)(1) or (e)(2) must consider the needs of and provide choices and options for:
(1) individuals with a developmental disability; and
(2) families of individuals with a developmental disability.
(h) The bureau shall administer a system of service coordination to carry out this chapter.
(i) The bureau may issue orders under IC 4-21.5-3-6 against a provider that violates rules issued by the bureau for programs in which the provider is providing services in accordance with section 11 of this chapter.
(j) For purposes of subsections (d) and (k), "approved national accrediting body" means any of the following:
(1) The Commission on Accreditation of Rehabilitation Facilities (CARF), or its successor.
(2) The Council on Quality and Leadership In Supports for People with Disabilities, or its successor.
(3) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or its successor.
(4) The National Committee for Quality Assurance, or its successor.
(5) The ISO-9001 human services QA system.
(6) The Council on Accreditation, or its successor.
(7) An independent national accreditation organization approved by the secretary.
(k) An entity that is accredited by an approved national accrediting body is not subject to reapproval surveys or routine monitoring surveys by the division, bureau, or bureau of quality improvement services, including any reapproval survey under a home and community based services waiver. However, the bureau may perform validation surveys and complaint investigations of an entity accredited by an approved national accrediting body.
(6) Failure to disclose, or negligent omission of, documentation requested for licensure renewal.
(b) An individual who is investigated by the board and found by the board to have committed a violation specified in subsection (a) may appeal the determination made by the board in accordance with IC 4-21.5.
(c) In accordance with the federal Health Care Quality Improvement Act (42 U.S.C. 11132), the board shall report a disciplinary board action that is subject to reporting to the National Practitioner Data Bank. However, the board may not report board action against a physician for only an administrative penalty described in subsection (a). The board's action concerning disciplinary action or an administrative penalty described in subsection (a) shall be conducted at a hearing that is open to the public.
(d) The physician compliance fund is established to provide funds for administering and enforcing the investigation of violations specified in subsection (a). The fund shall be administered by the Indiana professional licensing agency.
(e) The expenses of administering the physician compliance fund shall be paid from the money in the fund. The fund consists of penalties collected through investigations and assessments by the board concerning violations specified in subsection (a). Money in the fund at the end of a state fiscal year does not revert to the state general fund.
IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for industrial development.
(10) The sale, lease, or disposal of property by a local hospital authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation district under IC 14-32.
(13) The sale, lease, or disposal of
surplus property by the health
and hospital corporation established and operated under
(14) The disposal of personal property by a library board under IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under IC 36-10-7-8.
(19) The disposal of textbooks that will no longer be used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the supply or sustain the existing supply of good quality, affordable housing for residents of Indiana having low or moderate incomes.
(21) The disposal of historic property without consideration to a nonprofit corporation whose charter or articles of incorporation allows the corporation to take action for the preservation of historic property. As used in this subdivision, "historic property" means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic Places, as determined by the division of historic preservation and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose of enhancing the environment;
when the property is to be used for compliance with a permit or an order issued by a federal or state regulatory agency to mitigate an adverse environmental impact.
(23) The disposal of property to a person under an agreement between the person and a political subdivision or an agency of a political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal
aviation regulation (14 CFR 150) Airport Noise Compatibility
Planning Program as approved by the Federal Aviation
(Reference is to EHB 1360 as printed February 10, 2012.).
Representative Bacon Senator Miller
Representative Welch Senator Breaux
House Conferees Senate Conferees