Indiana Long-Term Care Reforms Signed into Law

This week, Governor Holcomb signed House Enrolled Act 1461 ("the Act") into law. The Act significantly reforms the long-term care landscape in Indiana, with many of the changes directed towards improving oversight of long-term care facility staffing and workforce.

Overall, HEA 1461 makes the following key changes:

• Licensure: Removes certain licensure training requirements for residential care and health facility administrators, sets forth requirements for administrators in training, preceptors, and student interns, and establishes provisional administrator licensure.
• Level of Care: Allows a long-term care facility to increase the number of comprehensive care and Medicaid-certified beds.
• Medicaid: Requires the Office of Family & Social Services Administration ("the Office") to conduct individual eligibility assessments to determine proper level of care to receive services under the Medicaid aged and disabled waiver, and to reimburse providers that have an improved increase in recipient level of care. Prohibits the Office from reducing the scope of services provided by an assisted living services provider under the aged and disabled waiver.
• Rural Health: Tasks the Indiana Housing and Community Development authority with developing a plan to expand and improve rural access to long-term care services.
• Temporary Health Care Services Agencies: Transfers oversight of temporary health care services agencies to the Indiana Department of Health, puts in place certain restrictions and creates a registry for such agencies, and allows the Attorney General’s Division of Consumer Protection to investigate and prosecute complaints against temporary health care services agencies.

If you have any questions about how House Enrolled Act 1461’s reforms will impact you or your facilities, please contact your Quarles attorney or:

• Edward L. Holloran, III: (317) 399-2892 /  ed.holloran@quarles.com
• Madison T. Hartman: (317) 399-2883 / madison.hartman@quarles.com