Disability Related Public Policy Update (May 2023)
We wanted to provide updates on recent Public Policy matters that affect individuals with disabilities in Indiana.
SEA 334 - Simplified application for SNAP benefits:
Authors- State Senators Shelli Yoder, Greg Walker, Lonnie Randolph, Jon Ford, Andrea Hunley, J.D. Ford, Stacey Donato, Linda Rogers, Ron Alting, Eddie Melton
Sponsors- State Reps. Ed Clere, Ann Vermilion, Julie Olthoff, Carolyn Jackson
Requires FSSA’s Family Resources Division to develop and implement simplified requirements to certify or recertify eligibility for SNAP benefits for populations: 60 years of age or older or person with a disability.
Signed into law April 20, 2023.
SEA 373 - Assistance for funeral and cemetery expenses:
Authors- State Senators Eric Koch, Linda Rogers
Sponsors- State Reps. Mark Genda, Joanna King, Cory Criswell
Requires FSSA to raise the dollar amounts considered when determining Medicaid payments for funeral director and cemetery expenses by $100 each year for three years beginning July 1, 2024.
Signed into law April 20, 2023.
HEA 1313 - Medicaid reimbursement for children’s hospitals:
Authors- State Reps. Hal Slager, Chuck Moseley, Carolyn Jackson
Sponsors- State Senators Rick Niemeyer, Mike Bohacek, Dan Dernulc, Lonnie Randolph, Ed Charbonneau, Ron Alting
Extends the expiration date from July 1, 2023 to July 1, 2025 for Medicaid reimbursements for certain out of state children’s hospitals.
Signed into law April 20, 2023.
HEA 1461 - Long term services:
Authors- State Reps. Brad Barrett, Ethan Manning, Mike Karickhoff, Robin Shackleford
Sponsors- State Senators Liz Brown, Ed Charbonneau
Eligibility determinations for the A&D waiver:
No later than June 30, 2025, FSSA will provide at least one statewide option other than the area agencies on aging for functional eligibility determinations for the A&D waiver.
Before October 1, 2023 and every 2 years, FSSA will work with HCBS providers and the area agencies on aging to report the following info and analysis to the budget committee and the legislative council:
Average time it takes each area agency on aging to conduct functional eligibility assessments and make eligibility determinations for folks seeking HCBS.
Average length of time taken by FSSA approved entities to conduct functional eligibility assessments and make determinations for folks seeking HCBS under the A&D waiver.
A plan for determining functional eligibility of folks seeking HCBS not later than 72 hours from the completion of the eligibility assessment, including time frame for implementation of the plan and specific metrics and compliance measures that will be used to improve the time from assessment to determination.
FSSA will publish the report on their website and share it with HCBS providers providing A&D waiver services. • Lays out the role and responsibilities of a temporary health care services agency under MLTSS. • Explains the administrative, licensure, continuing education layers an individual has to take to become a health care facility administrator and a residential care administrator.
Signed into law May 1, 2023.
HEA 1609 - Workforce development matters
Authors- State Reps. Michelle Davis, Chuck Goodrich, Cory Criswell
Sponsors- State Senators Jeff Raatz, Kyle Walker, John Crane, J.D. Ford
The Department of Workforce Development will grant an Indiana competency based high school diploma or equivalency diploma to an adult individual who demonstrates high school level skills through a validated competency based assessment and obtains an industry recognized certificate.
Signed into law May 1, 2023.
HEA 1635 - Various education matters
Authors- State Reps. Bob Behning, Chuck Goodrich, Jake Teshka, Ed Clere
Sponsors- State Sen. Jeff Raatz
Updates state statute to include the meaning of graduation to include an individual receiving an alternative diploma.
Signed into law May 1, 2023.
SEA 438 - Home health services
Authors- State Senators Fady Qaddoura, Ron Alting, Ed Charbonneau, Liz Brown, Vaneta Becker, Shelli Yoder, Mike Bohacek, Eddie Melton, Lonnie Randolph
Sponsors- State Reps. Ann Vermilion, Robin Shackleford, Brad Barrett
FSSA will conduct a comprehensive review of existing home health services for children with complex medical needs and then assess the services and policies for a person-centered approach aligned with state and federal regulations. During the review, FSSA will engage stakeholders, including consumers and families and providers to provide feedback on the issues with securing and maintaining home health services.
Signed into law May 1, 2023.
SEA 474 - Home health agencies
Authors- State Senators Vaneta Becker, Tyler Johnson, Ed Charbonneau, Lonnie Randolph, Jim Tomes
Sponsors- State Reps. Cindy Ledbetter, Brad Barrett
Home health agencies are no longer required to conduct a pre-employment physical on a job applicant before the applicant has contact with a patient. Allows for a home health aide to administer gastrointestinal and jejunostomy tube feedings if the aide has completed the training and passed the exam with documentation of completion.
Signed into law May 1, 2023.
HEA 1001 - State Budget
Authors- State Reps. Jeff Thompson, Greg Porter, Bob Cherry
Sponsors- State Senators Ryan Mishler, Chris Garten, Travis Holdman, Eddie Melton
Guardian Ad Litem - Same as 2021
$6,337,810/year
Adult Guardianship - Same as 2021
$1.5 million/year
Adult Guardianship Services - Same as 2021
$405,565/year
ABLE Authority - Increase from 2021 ($294,000)
Year 1 $337,647
Year 2 $375,635
Career Scholarship Accounts - NEW ($5,000/student)
Year 1 $5 million
Year 2 $10 million
Education Scholarship Accounts - Same as 2021
$10 million/year
Admin $1.5 million/year
211 Services- Increase from 2021 ($1,263,519)
$3,055,344/year
Reimbursement Rates
Year 1 $254,100,000
Year 2 $339,800,000
OMPP will utilize these funds to update reimbursement rates for providers of home health, dental services, non-emergency medical transportation, division of aging waivers, division of disability and rehabilitative services waivers, and the child mental health wraparound program.
BDDS Day Services - Same as 2021
$3,418,884/year
Vocational Rehabilitation - Increase from 2021 ($16,093,405)
$17,077,538/year
First Steps - Increase from 2021 ($18 million)
$25,546,118/year
Governor’s Council for People with Disabilities - Same as 2021
$450,000/year
Institute for the Study of Developmental Disabilities - Same as 2021
$2,105,824/ year
Best Buddies - Same as 2021
$206,125/year
Special Education (S-5) - Increase from 2021 ($48,140,000/entire biennium)
$29,070,000/year (total $58,140,000)
Local Public Health - NEW
Year 1 $75 million
Year 2 $ 150 million
Special Education Funding categories- NEW
Severe Disability Level 1 (multiple disabilities, orthopedic impairment, emotional disability requiring full time placement, severe intellectual disability, autism spectrum disorders and traumatic brain injury)
Year 1 $11,104/student
Year 2 $11,659/student
Severe Disability Level 2 (blind or low vision, deaf or hard of hearing, deaf and blind)
Year 1 $11,104
Year 2 $11,659
Mild/Moderate Level 1 (specific learning disability, developmental delay, other health impairments)
Year 1 $2,790
Year 2 $2,930
Mild/Moderate Level 2 (emotional disability not requiring full time placement, mild intellectual disability, moderate intellectual disability)
Year 1 $2,790
Year 2 $2,930
Communication Disorders
Year 1 $525
Year 2 $551
Preschool
Year 1 $3,638
Year 2 $3,820
HEA 1091 - Eligibility under Medicaid, CHIP and other benefits
Authors- State Reps. Ann Vermilion, Ed Clere, Joanna King, Robin Shackleford
Sponsors- State Senators Liz Brown, Linda Rogers, Stacey Donato, Jean Breaux, Lonnie Randolph, Shelli Yoder
Updates the age from 3 to 19 to a child to receive CHIP, Medicaid other benefits with only having to update their information not more than once every 12 months.
Signed into law May 4, 2023
HEA 1160 - Workforce development pilot program
Authors- State Reps. Ed Clere, Dale DeVon, Chuck Goodrich, Carolyn Jackson
Sponsors- State Senators Jon Ford, Chris Garten, Shelli Yoder, John Crane, J.D. Ford
Creates a pilot program through the Erskine Green Training Institute to get more people with IDD into the manufacturing industry.
Signed into law May 4, 2023
HEA 1342 - Direct Support Professionals
Authors- State Reps. Julie Olthoff, Ed Clere, Robb Greene, Tim O’Brien
Sponsors- State Senators Stacey Donato, Liz Brown, Vaneta Becker, Shelli Yoder, David Niezgodski, Jean Breaux, Lonnie Randolph
DDRS will create an application for DSPs to register for the registry. DDRS will establish and maintain a DSP registry that can be accessed by authorized providers. The registry will include any substantiated incidents of abuse, neglect and exploitation that will be defined through the rule making process. There will also be an appeals process established for DSPs. Beginning January 1, 2026, DSPs cannot provide services unless they are registered with DDRS. DDRS will work with stakeholders on establishing a competency based training curriculum for DSPs with a tiered approach for a career ladder for DSPs along with procedures for improving the incident reporting. Before Jan. 1, 2024 DDRS will issue a request for proposals seeking bids to operate the training program and shall have a contract in place by Jan. 1, 2025. The vendor must have everything up and running by July 1, 2025 so that DSPs can get trained before the Jan. 1, 2026 deadline to be trained and registered.
Signed into law May 4, 2023.
HEA 1352 - Telehealth services
Authors- State Reps. Cindy Ledbetter, Brad Barrett, Ann Vermilion, Robin Shackleford
Sponsors- State Senators Vaneta Becker, Ron Alting
Allows for Medicaid to reimburse for telehealth services provided by licensed providers that do not have a physical address in Indiana.
Signed into law May 4, 2023
HEA 1454 - Department of local government finance
Authors- State Reps. Craig Snow, Dave Heine, Chris Judy, Cherrish Pryor
Sponsors- State Senators Eric Bassler, Mike Gaskill, David Niezgodski, Ron Alting, Lonnie Randolph
Adjust the age for a person to be able to have an ABLE Account from 26 to 46.
A taxpayer can elect to have any contributions made after Dec. 31, 2023 to an ABLE Account before filing their taxes to be included in the previous year’s contributions.
Establishes the Employment of Individuals with Disability Tax Credit which provides a tax credit to employers for employing people with disabilities referred to them by VR and was hired after Dec. 31, 2023. 14 (c) employees are not eligible. The individual must work at least 20 hours/week in a similar setting and at a rate that is comparable to other employees performing the same/similar tasks.
Employs not more than 50 people
1st taxable year the employer can receive 30% of wages paid to the employee
2nd taxable year 40%
3rd taxable year 50%
Employs 500 or less people
1st taxable year 20%
2nd taxable year 30%
3rd taxable year 40%
Signed into law May 4, 2023
HEA 1513 - FSSA Matters
Authors- State Reps. Brad Barrett, Greg Porter, Becky Cash, Julie Olthoff
Sponsors- State Sen. Ed Charbonneau Changes BDDS name to the Bureau of Disabilities Services.
No longer requires a copayment for Medicaid services.
Signed into law May 4, 2023
HEA 1558 - Science of Reading
Authors- State Reps. Jake Teshka, Bob Behning, Julie McGuire, Michelle Davis
Sponsors- State Senators Aaron Freeman, Linda Rogers, Jeff Raatz, Andrea Hunley, Jon Ford, John Crane, Blake Doriot
Defines the “science of reading.” Requires the State Board of Education and the Dept. of Education to report on the alignment of the science of reading concepts with the current IREAD. Requires schools to report their reading and writing curriculum and remedial programs on their websites. Starting the 2024- 2025 school year schools must adopt curriculum and supplemental materials that are aligned with the science of reading instead of three-cueing models. DOE must develop guidelines for science of reading to be taught in teacher prep programs and update teacher licensing guidelines to include the science of reading. Include pay increases for teachers that have a literacy endorsement. SBOE will come up with academic standards based around the science of reading so that our students can all read proficiently by the third grade.
Signed into law May 4, 2023
HEA 1591 - Various education matters
Authors- State Reps. Bob Behning, Ed Clere
Sponsors- State Senators Linda Rogers, Jeff Raatz, Kyle Walker, J.D. Ford
Requires schools during a case conference committee meeting to discuss supported decision making and alternatives to guardianship when they have the guardianship conversation with the family and student as the student approaches the age of 18.
Signed into law May 4, 2023
SEA 35 - Financial literacy
Authors- State Senators Mike Gaskill, Jeff Raatz, Linda Rogers, Spencer Deery, Scott Alexander, Gary Byrne, Aaron Freeman, Eric Koch, Stacey Donato, Jack Sandlin, Travis Holdman, Tyler Johnson, John Crane, J.D. Ford, Jon Ford, Fady Qaddoura, Shelli Yoder, Sue Glick, Lonnie Randolph
Sponsors- State Reps. Joanna King, Michelle Davis, Dave Hall, Elizabeth Rowray
Requires financial literacy to be taught as a graduation requirement and also allows this to be one of the alternate math courses that is offered for a student on an alternate diploma track.
Signed into law May 4, 2023
SEA 486 - Education matters
Authors- State Senators Linda Rogers, Jeff Raatz, Stacey Donato, Brian Buchanan, Blake Doriot, Mark Messmer, Mike Gaskill, Jack Sandlin, Liz Brown, Tyler Johnson, Travis Holdman, Spencer Deery, Eric Bassler, Gary Byrne, Rick Niemeyer, Scott Alexander, Jim Buck, John Crane
Sponsors- State Reps. Jake Teshka, Bob Behning, Joanna King, Jack Jordan
Gets rid of a lot of teacher training requirements, but keeps seclusion and restraint training.
Signed into law May 4, 2023
HEA 1354 - Service animals
Authors- State Reps. Cindy Ledbetter, Mike Karickhoff, Sheila Klinker, Bob Morris
Sponsors- State Senators Jean Leising, Mark Messmer, Stacey Donato, Jean Breaux, Shelli Yoder
Updates Indiana Code to mirror Federal Code on the definition of a service animal and the rights of businesses when it comes to allowing service animals in a place of business.
Signed into law May 4, 2023
How to find out who your legislator is:
Visit www.iga.in.gov
Click the “Information” tab (top left corner)
Scroll down and click “Find Your Legislator”
Enter your street address of where you live along with your city and zip code, then click “Search”
Your State Senator, State Representative, U.S. Representative and U.S. Senators will pop up
How to contact your state legislator:
Once you find out who your state legislator is you can click their name typed in blue on the General Assembly website. It will take you to their page.
On the upper left side, click “Send Email”
This will take you to their contact page
The easiest way to contact a legislator is by calling or emailing their legislative assistant
How to contact your Congressional Delegation out in Washington, D.C.:
Each Congressional Leader has their own website. Once you find out who your U.S. Representative is (everyone in Indiana has the same Senators- Mike Braun and Todd Young), you can either Google them or here are the links to each one of their websites:
Congress:
Frank Mrvan - District 1
https://mrvan.house.gov/contact
Rudy Yakym - District 2
https://yakym.house.gov/contact
Jim Banks - District 3
https://banks.house.gov/contact/
Jim Baird - District 4
https://baird.house.gov/contact/
Victoria Spartz - District 5
https://spartz.house.gov/contact
Greg Pence - District 6
https://pence.house.gov/address_authentication?form=/contact
Andre Carson - District 7
https://carson.house.gov/address_authentication?form=/contact/email-me
Larry Bucshon - District 8
https://bucshon.house.gov/contact/ o
Erin Houchin - District 9
Senate:
Mike Braun
https://www.braun.senate.gov/contact-mike
Todd Young
https://www.young.senate.gov/contact/email-todd
The Arc Resources:
We are happy to help connect you with your elected officials, so we can always help schedule a meeting or connect you via email!
The Arc of Indiana provides in-person or zoom trainings on Public Policy 101, which includes:
How a bill becomes a law
The difference between local, state and federal governments and legislators
How to speak to a legislator
The Arc of Indiana Contact Person:
Hannah Carlock (Senior Director of Public Affairs)
Email- hcarlock@arcind.or
Desk- 317-608-6221
Cell- 812-621-7662