SB 615-1_ Filed 03/17/2005, 10:18

Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

11

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Public Health     , to which was referred       Senate Bill 615     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 4, line 22; (05)CR061501.4. -->     Page 4, line 22, delete "long term care" and insert " home and community based".
    Page 4, line 27, delete "long term care" and insert " home and community based".
    Page 4, line 40, after "(1)" insert " date and".
    Page 7, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: ; (05)CR061501.9. -->     "SECTION 9. [EFFECTIVE JULY 1, 2005] (a) Before July 1, 2006, the office of Medicaid policy and planning shall adopt rules under IC 4-22-2 that define the criteria and process used by the office of Medicaid policy and planning to determine if a developmentally disabled individual (as defined in IC 12-7-2-62) qualifies for the level of care provided by an intermediate care facility for the mentally retarded (ICF/MR). The rules must provide that a developmentally disabled individual (as defined in IC 12-7-2-62) qualifies for the level of care for an intermediate care

facility for the mentally retarded (ICF/MR) if the individual's disability results in substantial functional limitations in at least three (3) of the following areas of major life activities:
        (1) Self-care.
        (2) Understanding and use of language.
        (3) Learning.
        (4) Mobility.
        (5) Self-direction.
        (6) Capacity for independent living.
    (b) Before July 1, 2006, the office of Medicaid policy and planning shall adopt rules under IC 4-22-2 that define the criteria and process used by the office of Medicaid policy and planning to determine the number of hours of care that a developmentally disabled individual (as defined in IC 12-7-2-62) needs in a supervised group living setting. The rules must provide that a developmentally disabled individual (as defined in IC 12-7-2-62) in the following types of supervised group living settings needs the following hours of care per resident day:
        (1) Intensive training, six (6) hours.
        (2) Developmental training, eight (8) hours.
        (3) Basic development, ten (10) hours.
        (4) Medically fragile, twelve (12) hours.
        (5) Child rearing, eight (8) hours.
        (6) Child rearing with specialized programs, ten (10) hours.
        (7) Small residence with behavior management for children, twelve (12) hours.
    (c) Before July 1, 2006, the office of Medicaid policy and planning shall adopt rules under IC 4-22-2 to amend the requirements under 405 IAC to require that the supported living program and reimbursement system contain the following components:
        (1) Conduct of an independent assessment to determine the level of resources necessary to meet the needs of a developmentally disabled individual (as defined in IC 12-7-2-62) in a healthy and safe environment.
        (2) Determination of the level of resources that are needed by a developmentally disabled individual (as defined in IC 12-7-2-62) using a funding matrix that differentiates

between needs and service requirements for developmentally disabled individuals:
            (A) with family or other nonpaid supports; and
            (B) without family or other nonpaid supports.
        (3) Requirement that individual support teams assist developmentally disabled individuals (as defined in IC 12-7-2-62) in developing and implementing individualized plans after resources have been allocated.
    (d) This SECTION expires July 1, 2007.

SOURCE: ; (05)CR061501.10. -->     SECTION 10. [EFFECTIVE JULY 1, 2005] (a) Before July 1, 2006, the division of disability, aging, and rehabilitative services shall adopt rules under IC 4-22-2 to amend 460 IAC 6 to provide that 460 IAC 6 does not apply to an agency that is accredited by 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 Commission on Quality Assurance or its successor.
        (5) An independent national accreditation organization approved by the secretary.
    (b) This SECTION expires July 1, 2007.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 615 as printed February 4, 2005.)

and when so amended that said bill do pass.

__________________________________

Representative Becker


CR061501/DI 77    2005