Arc of Indiana Legislative Memo

February 15, 2019

Valentine's Day Success!

Thank you to everyone that was able to join us on February 14 at the Statehouse for our annual Valentine's Day event. Over 100 self-advocates, leaders of local chapters of The Arc and families attended to share their stories and give valentines to their elected officials. This is a very powerful event and we know everyone at the Statehouse greatly enjoys meeting attendees and receiving handmade Valentines.

Special thanks to Governor Eric Holcomb, who welcomed all into his office; Lt. Governor Suzanne Crouch for offering a short address and then individually greeting many of the attendees; State Treasurer Kelly Mitchell who shared information about Indiana's ABLE program; Claire, an EGTI grad, who shared how her ABLE account helped her attend EGTI; Secretary of State Connie Lawson and State Auditor Tera Klutz. 

View Governor Erick Holcomb's Valentine's Day Event Photo Gallery

Call to Action 
SB 625 Managed Care
Please contact your senators to ask that people with I/DD, who were stripped out of the bill in the Senate Appropriations Committee, to be put back into the bill.

To date, no state has successfully included people with I/DD in a managed care program with the promised cost savings and continued quality of care. Including people with I/DD in Indiana's program would be bad for the state and bad for people with I/DD.  Our current waiver programs have several components of managed care.

Find your state senator here.

Call to Action
SB 380 Supported Decision Making
Supported Decision Making as an alternative to guardianship will allow some people with intellectual and developmental disabilities to have independence in making decision that they would not have under a power of attorney or guardianship.  It will be  a major victory if we can get this bill passed this year. 

Continue to contact members of the Senate Judiciary Committee to vote in favor of this important legislation during their committee hearing on Wednesday, Feb. 20^th.  We want people to be as independent as possible for as long as possible and Supported Decision Making can help make this happen.

Senate Judiciary Committee 
Sen. Randall Head, Chair
Sen. Eric Koch, Ranking Member
Majority Members
 Sen. Mike Bohacek
 Sen. James Buck
 Sen. Aaron Freeman
 Sen. Susan Glick
 Sen. Linda Rogers
 Sen. Michael Young
 Sen. Lonnie Randolph, Ranking Minority Member
Minority Members
 Sen. Timothy Lanane
 Sen. Greg Taylor

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Legislative Updates 

HB 1216
Increased funding for Indiana's early intervention program, First Steps
Authored by: Reps. Clere, Karickhoff, Behning, Hamilton

Indiana's First Steps program has been under-funded for nearly a decade and has witnessed many rate cuts dating back to the early 2000's. As a program that provides critical early intervention services to babies, birth to 3 years of age, this program is the most capable of having a proactive impact for the state to save dollars. Many babies who receive early intervention services graduate no longer needing services through special education or Medicaid. The bill provides for an appropriation that a state instructed fiscal analysis report identified. In addition to the appropriation, the bill will create an efficiency within the system for those families who qualify for TANF, SNAP or Medicaid so they do not need to show proof of income more than once. 

The fiscal portion of the bill has been removed and is anticipated to be a part of the amendment to the budget bill, HB 1001.  The remainder of the bill regarding presumptive eligibility is headed to the full House for further discussion next week.

HB 1488 1102 Taskforce Recommendations
Authored by:  Clere, Karickhoff, Mayfield, Porter

This bill includes several key components put forth from the 1102 Task Force, including creating a plan to implement a crisis program, creating a plan to move our state out of order of selection for vocational rehabilitation services, creating a plan to review the priority categories for the CIH Waiver, some accountability provisions for the 1102 Task Force and an increase to the Medicaid Waiver Rate to help with DSP wages.  

This week the Ways and Means Committee heard the bill and removed the portion of the bill relating to Medicaid Waiver rates and DSP wages.   It is our hope that conversations will lead to including money in the budget bill to help with the DSP workforce crisis.  Please contact ALL members of the Indiana General Assembly to share your DSP story and express the need to increase wages. 

The other components of HB 1488 remain in the bill and will move on to the full House for further consideration.

ABLE Account Tax Credit
HB 1350  Authored by: Reps. Clere, Schaibley, Porter, Heaton
SB 559 Authored by:  Senator Houchin

These bills provide for a tax credit for deposits into an ABLE account up to $1000.00

SB 559 was recommitted to the Senate Appropriations Committee and is not likely to see further action.  HB 1350 passed unanimously out of the House Ways and Means Committee and will be heard on the House floor next week.

HB 1296 Medicaid Waiver Priority Status for Military Child
Authored by: Reps. Zent, Judy, Bartels

This bill supports Indiana's major initiative to attract military families and veterans to move and live in our state.  For families who are active in the military and have a child with an intellectual or developmental disability it is hard to receive services due to often transfers out of state.  The bill will provide priority status to active military waivers for the FSW waiver. 

This bill unanimously passed the House Public Health Committee and now heads to the full House for further consideration.

HB 1641 Charter School Matters
Authored by:  Rep. Behning

The bill contains various provisions regarding charter schools but it also contains a section regarding the Advisory Council for the Education of Students with Disabilities and puts The Arc of Indiana as a member.

This bill will be on third reading in the House next week for the entire House to vote on.

HB 1629 Various Education Matters
Authored by: Rep. Behning

This bill contains many provisions regarding education. Among the issues are several sections regarding communication to be used as evidence in due process proceedings and the splitting or paying of fees and other costs during the due process proceedings. 

We are working with legislators and key stakeholders to change provisions of the bill regarding fees and electronic communication. A vote will be held on this bill Monday in the House Education Committee.  

HB 1001 Indiana's Biennial Budget
Authored by: Reps. Huston, Brown, Porter

This is the bill containing the state's budget for the next two years. The state runs on a balanced budget, so this means we live within our means and do not accrue any debt with this funding. This bill decides all appropriations for our programs including:  First Steps, VR, Medicaid, and numerous others.   

The Republican and Democrat amendments to HB 1001 will be heard on Tuesday in the House Ways and Means Committee.   

Managed Care
HB 1117 Authored by: Reps. Karickhoff, Kirchhofer, Clere and Shackelford
SB 625 Authored by: Sens. Becker, Leising and Charbonneau

These bills would protect and "carve out" people living in nursing facilities and people with intellectual and developmental disabilities utilizing Medicaid Waivers or living in a group home from a managed care model for two years. 

Rep. Karickhoff is working to get HB 1117 to be included in the amendment for HB 1001, the state's budget bill.  SB 625 was amended abruptly last week removing the language which protected people with I/DD from managed care for the next two years. We will continue to work on this issue and express our concerns with moving into a managed care model at this time.

SB 625 did pass out of the Senate Appropriations Committee and heads to the full Senate for further consideration.

SB 380- Supported Decision Making
Authored by: Sens. Koch, Lanane, Taylor

This bill requires a person who files for a petition for the appointment of a guardian for an incapacitated person or minor must inform the court that less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consideration.  Provides for the use of supported decision making agreements for adults who need support and accommodations in making, communicating and effectuating decisions.

This bill was heard last week in the Senate Judiciary Committee and will be eligible for a vote in the committee next Wednesday.