2014 Indiana General Assembly LeadingAge Indiana Bill List

Transcription

1 2014 Indiana General Assembly LeadingAge Indiana Bill List SENATE: SB 44: Electronic health data work group. Requires the state department of health and the office of the secretary of family and social services to establish a work group to study specified issues concerning access to electronic health information. (The introduced version of this bill was prepared by the health finance commission.) Sponsors: Senators Breaux (D-Indianapolis); Pat Miller (R-Indianapolis); Charbonneau (R-Valparaiso) Status: Passed out of Health and Provider Services Committee SB 51: Department of health matters. Requires, before September 1, 2014, the state department of health to: (1) adopt rules concerning the regulation of facilities for treatment of traumatic brain injuries; and (2) make recommendations to the legislative council and health finance commission concerning food handling law changes. (The introduced version of this bill was prepared by the health finance commission.) Sponsors: Senators Pat Miller (R-Indianpolis); Charbonneau (R-Valparaiso) Status: Assigned to Health and Provider Services Committee SB 137: Adult protective services study committee. Requires the legislative council to establish the adult protective services study committee to study adult protective services in Indiana. Sponsor: Senators Lanane (D-Anderson); Zakas (R-South Bend); Jim Arnold (D-LaPorte) Status: Passed out of Civil Law Committee SB 139: Health matters. Amends the definition of "attendant care services" to include providing assistance for the taking of medications that include controlled substances and prescription drugs. Removes the July 1, 2014, expiration date of the anatomical gift promotion fund. Extends the office of minority health until July 1, Sponsor: Senator Becker (R-Evansville) Recommendation: Needs discussion at the Committee meeting SB 142: Administration of Medicaid. Designates the office of the secretary of family and social services as the single state agency for the administration of the Medicaid program and removes the designation from the office of Medicaid policy and planning. Repeals provisions referring to the office of Medicaid policy and planning as the single state agency for administering, developing, and coordinating Medicaid. This is just an administrative realignment which will bring Medicaid under the purview of the Secretary of FSSA. Sponsor: Senator Pat Miller (R- Indianapolis)

2 SB 173: Nursing facility moratorium. Defines "under development" for purposes of the moratorium on nursing facility comprehensive care beds. Prohibits the state department of health from approving the licensure of comprehensive care health facilities or new or converted comprehensive care beds. Prohibits residential nursing care facility beds from being converted to comprehensive care beds. Adds exemptions for: (1) health facilities under development as of June 30, 2014; (2) certain replacement facilities; (3) small house facilities; and (4) continuing care retirement communities. Specifies that the state department of health makes the final determination concerning whether an entity is under development. This is the moratorium bill we are working on with IHCA and HOPE. Sponsor: Senators Pat Miller (R-Indianapolis); Merritt (R-Indianapolis); Misler (R-Bremen) Status: Passed out of Health and Provider Services Committee Recommendation: Actively lobby for passage SB 178: Release of employee identifying information. Provides that an employer may not release a current or former employee's identifying information to a third party, or enter into an agreement to release, communicate, or distribute employee identifying information to a third party, unless: (1) the employee consents to the release in writing that is signed by the employee; (2) the release is required by: (A) state law; (B) a court order issued by a court with jurisdiction; (C) a warrant issued by a judicial officer; (D) a subpoena issued in a civil or criminal action; or (E) a discovery proceeding in a civil action; or (3) this provision conflicts with or is preempted by federal law. Provides that a labor organization may not make a request to an employer to release, or enter into an agreement that includes a provision requiring the release of, employee identifying information. Provides that an employer, labor organization, or other person who knowingly or intentionally violates these provisions commits a Class C misdemeanor. Sponsor: Senators Banks (R-Columbia City); Yoder (R-Goshen) Status: Referred to Pensions and Labor Recommendation: Watch SB 194: Health care professional cultural training. Requires an individual seeking licensure in a health care profession to complete cultural competency training. Sponsor: Sen. Breaux (D- Indianapolis) Recommendation: This is not likely to get a hearing watch. SB 206: Financial exploitation of seniors. Requires a person who has reason to believe that an individual at least 65 years of age is being exploited to report the suspected exploitation to a law enforcement agency, and makes a knowing failure to report a Class B misdemeanor. Requires a law enforcement agency that receives a report to notify the attorney general of the offense, and requires the attorney general to notify the appropriate licensor or regulator if the offense involves a licensed person or regulated entity. Sponsor: Sen. Walker (R-Columbus) Status: Referred to Judiciary Committee Recommendation: Work to get SNF s excluded since we are already required to make these reports to law enforcement. SB 219: Physician order for scope of treatment. Requires an individual's treating physician to evaluate an individual's mental capacity before a physician order for scope of treatment (POST)

3 form may be executed. Specifies that the first POST form executed by an individual is effective for six months but may be renewed with no expiration. Sponsor: Holdman (R-Fort Wayne) Recommendation: Becky Carter has been attending the work group working on POST for more than a year. This group got the POST legislation passed last session. No one in the group knows where this came from and they are following up with Sen. Holdman. We should follow the direction of the POST group but mostly watch this bill. SB 244: Health care professional registry. Requires the professional licensing agency to create and maintain a health care professional registry for health care professionals who meet certain qualifications. Sponsor: Sen. Pat Miller (R-Indianapolis) Status: Referred to the Health and Provider Services Committee Recommendation: Here is the link to the bill: It is not clear who this applies to and whether it would impact our members or person working for or contracted by our members. We will need to get further information on this bill. SB 315: Minimum wage. After June 30, 2014, increases the state minimum wage from $7.25 to $8.50. After June 30, 2015, increases the state minimum wage from $8.50 to $10. Sponsor: Sen. Mrvan (D-Hammond) Status: Referred to Tax and Fiscal Policy Committee Recommendation: Watch since it is not likely to get a hearing. SB 327: Minimum wage. Increases the state minimum wage from $7.25 to $10 and the state tipped employee minimum wage from $2.13 to $3. Sponsor: Sen. Tallian (D-Portage) Status: Referred to Tax and Fiscal Policy Committee Recommendation: Watch since it is not likely to get a hearing. SB 374: Brain injury task force. Establishes the traumatic brain injury task force within the office of the secretary of family and social services. Requires the task force to establish a comprehensive statewide plan to address the needs of individuals with brain injuries and the individual's families and caregivers. Requires the task force to report annually to specified persons. Sponsor: Sen. Arnold (D-LaPorte) Status: Referred to the Health and Provider Services Committee SB 380: Malpractice limitations. Raises the aggregate damages that may be obtained for the death of an adult person from $300,000 to $1,250,000. Requires the health finance commission to study during the 2014 legislative interim: (1) whether additional training for health facility employees is needed and the funding mechanism to provide the training; and (2) whether additional oversight and regulation of health facilities are necessary for the safety of health facility residents. This would apply to nursing homes, licensed residential care facilities, and some group homes. Sponsor: Sen. Waltz (R-Indianapolis) Status: Referred to Judiciary Committee Recommendation: Strongly oppose

4 SB 397: Matters concerning children in nursing facilities. Requires the office of Medicaid policy and planning to reimburse in a specified manner for a specialized or nonstandard wheelchair for a child recipient who resides in a nursing facility. Specifies that a school employee who teaches a child who resides in a nursing facility and attends the school may not be adversely assessed on the employee's performance evaluation based on the child's assessment results. Requires the state board of education to develop alternative benchmarks, performance indicators, and accountability standards to be used in the evaluation of students who reside in nursing facilities. Sponsor: Sen. Leising (R-Oldenburg) Status: Status: Referred to the Health and Provider Services Committee SB 406: Medicaid false claims. Makes certain procedural changes to the false claims act and Medicaid false claims act to remove inconsistencies and comply with federal law. Sponsor: Sen. Misler (R-Bremen) Status: Status: Referred to the Health and Provider Services Committee Recommendation: Watch SB 414: Health facility employee criminal background checks. Requires a health facility to obtain a national criminal history background check or an expanded criminal history check for the health facility's employees. Provides immunity to persons: (1) for denying or terminating employment because of another person's criminal history; or (2) for reporting to or participating in the proceedings of the state department of health or the registry of nurse aides. Sponsors: Senators Broden (D-South Bend); Randolph (D-East Chicago) Status: Referred to Civil Law Recommendation: Committee discussion SB 421: Professional licensing matters. Provides that certain applications for a professional license may not be denied if the applicant was charged or convicted of a criminal offense two years prior to the date of application. Makes an exception for denial for certain crimes. Replaces the regulated occupations evaluation committee with the jobs creation committee. Provides that the funds from certain professions may be used by that profession's board to pay for the administration expenses of the profession. Removes the 1,500 hours of course work that must be offered by a beauty culture school and provides that the school must meet the requirements set by the state board of cosmetology and barber examiners. Removes the requirements that a home inspector's, massage therapist's, private investigator firm's, or security guard agency's insurance list the state as an additional insured. Requires a nonresident pharmacy to submit an inspection report from the applicant's home state. Changes the requirements that a nonresident broker must meet to be waived of requirements for a license. Allows a graduate from a foreign college of veterinary medicine who has a Program for the Assessment of Veterinary Medical Education Equivalence certificate to meet the qualification of graduating from an accredited college of veterinary medicine for purposes of certain licensure exemptions and for applying for a veterinary license. Provides that the state board of funeral and cemetery service (board) has 180 days to investigate a verified complaint. (Current law provides for a 60 day investigation.) Gives the board discretion to order restitution from the preneed consumer protection fund. Provides money in the controlled substances data fund to be used for the administration of the INSPECT

5 program. (Current law allows money to be used for the operation of the INSPECT program.) Makes a technical correction. Sponsor: Sen. Head (R-Logansport) Status: Referred to Commerce, Economic Development and Technology Committee Recommendation: Watch HOUSE: SB 1005: Government reduction. Requires an administrative agency to submit certain information to the office of management and budget (OMB) and receive a certain determination from the director of OMB before pursuing a rulemaking action. Any rule changes must meet one of the following: (1) The rule is required to: (A) fulfill an objective related to job creation and increasing investment in Indiana; or (B) improve the quality of Indiana's workforce. (2) The rule: (A) repeals; or (B) reduces the regulatory impact of; an existing rule. (3) The rule implements a federal mandate that may not be waived under federal law. (4) The rule is necessary to avoid a violation of a court order or federal law that would result in sanctions against the state by the court or the federal government for failure to adopt the rule. (5) The rule addresses matters related to: (A) the control, mitigation, or eradication of waste, fraud, or abuse within an agency; or (B) wasteful or abusive activities directed toward an agency. (6) The primary purpose and effect of the rule, including an emergency rule adopted under IC , is to address emergency, health, or safety matters. The bill addresses a number of other unrelated programs. Sponsor: Rep. McMillan Status: Referred to the Select Committee on Government Reduction Recommendation: The rule making limitations would be so restrictive that we would not be able to make desired changes in rules impacting our members, particularly related to nursing home reimbursement or revising the residential care facility rules. Not sure how like this is to pass but we may need to talk with the sponsor. HB 1091: Personal leave for employees. Provides that certain employees of certain employers are entitled to take: (1) 24 hours of paid leave; and (2) 16 hours of unpaid leave; in a 12 month period. Sponsor: Rep. Dvorak Status: Referred to Employment, Labor, and Pensions Committee Recommendation: Watch but unlikely to get a hearing HB 1151: Minimum wage. After June 30, 2014, increases the minimum wage from $7.25 to $8.25 for all employers having two or more employees in the state. Sponsor: Rep. Bartlett (D- Indianapolis) Status: Referred to Employment, Labor, and Pensions Committee Recommendation: Watch but unlikely to get a hearing

6 HB 1309: Medicaid matters. Establishes the affordable care committee. Allows the department of state revenue to establish a procedure to set off the earned income credit and the tax refund of certain Medicaid recipients for out-of-pocket expenses owed by the recipient. Modifies Medicaid provider reimbursement to Medicare reimbursement rates for services provided to certain Medicaid recipients. Adds Medicaid rehabilitation option services, chiropractic services, and optometric services to the Indiana check-up plan. Requires the office of Medicaid policy and planning (office) to negotiate with the United States Department of Health and Human Services (HHS) for a Medicaid state plan amendment or Medicaid waiver concerning expansion of Medicaid. Requires the office of the secretary of family and social services to report to the budget committee and the health finance commission if negotiations are unsuccessful. Requires the office to apply to HHS to amend the state Medicaid plan to require cost sharing by a Medicaid recipient who qualifies for Medicaid because the individual is a caregiver. Requires the office to present specified information to the health finance commission (commission) before August 1, Requires certain state agencies to report to the commission concerning a health insurance exchange in Indiana. Sponsor: Rep. Clere (R-New Albany) Status: Referred to Public Health Committee Recommendation: This is related to Indiana s approach to the Affordable Care Act. Watch. HB 1310: Home and community based services and CHOICE. Requires the division of aging to meet specified requirements in the distribution of funds for the community and home options to institutional care for the elderly and disabled program (CHOICE) to area agencies on aging. Specifies the use of funds that are appropriated to CHOICE. Sponsors: Rep. Saunders (R- Lewisville); Charlie Brown (D-Gary) Status: Referred to Family, Children, and Human Affairs Recommendation: This is very vague language and it is not clear what it will accomplish. We will coordinate with the AAAs on this bill. HB 1354: Property taxes. Permits the department of local government finance, with the approval of the attorney general, to reduce or cancel the amount of property taxes imposed on: (1) a nonprofit corporation organized for educational, literary, scientific, religious, or charitable purposes; or (2) any other nonprofit entity organized as a church or religious entity. Provides that certain requirements must be met before a taxpayer's property tax liability may be reduced or cancelled. Sponsor: Rep. Vernon Smith (D-Gary) Status: Referred to Ways and Means Committee Recommendation: This bill is not likely to get a hearing watch and support if it does get a hearing. HB 1391: CHOICE program. Changes asset limitations within the community and home options to institutional care for the elderly and disabled program (program) from $500,000 to $250,000 and specifies certain exemptions from the asset determination. Requires annual adjustment of the asset limitation using the federal Consumer Price Index. Allows a participant who is unable to perform at least one activity of daily living or one activity to participate in the program under specified circumstances. Requires the division of family resources to: (1) establish a cost participation schedule for a program participant based on the participant's income and assets; and (2) redistribute certain savings obtained by family members and community members providing services at no cost to the program to the participant and the area agencies of aging. Allows the division of family resources to: (1) annually redetermine whether certain participants whom the division determines are likely to experience a material increase in income or assets remain eligible for the program; and (2) place a lien to recoup the cost of services that exceed $10,000

7 for an individual in the same manner as liens that are placed under the Medicaid program. Sponsor: Rep. Clere (R-New Albany) Status: Referred to Family, Children, and Human Affairs Recommendation: This would make significant changes to the CHOICE program by expanding the type of person who can be served and stiffening financial limits and required contributions. These changes make sense and we should support the bill. Rep. Clere appears to be in the dog house with Republican leadership for his advocacy for expanding Medicaid under the Affordable Care Act and his opposition to the constitutional amendment to ban gay marriage. He chairs the Public Health Committee where this bill would normally go and it was sent to another committee. It may not get a hearing.