HB 1180

                                                             Introduced Version
           HOUSE BILL No. 1180
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2-319.5; IC 16-28.
Synopsis: Health facility matters. Requires the state health
commissioner to establish a work group to study methods of reducing
and preventing health facility resident neglect and submit a report to
the general assembly. Requires a health facility to do the following: (1)
Designate at least one employee to act as a family advocacy liaison. (2)
Establish an independent third party review process for written resident
or other individual complaints alleging neglect of a resident. (3) Offer
grief support to the family of a deceased resident. Prohibits a health
facility from taking retaliatory action against an employee because the
employee: (1) discloses actions or practices by the health facility that
the employee reasonably believes violate state or federal law; (2)
provides information or testifies in investigations or hearings; or (3)
assists or participates in proceedings to enforce state law. Urges the
legislative council to assign to an appropriate interim committee during
the 2026 interim the study of requiring health facilities to meet certain
staff-to-patient ratios.
Effective: Upon passage; July 1, 2026.
                         Shackleford
   January 5, 2026, read first time and referred to Committee on Public Health.
2026  IN 1180—LS 6702/DI 104
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1180
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 16-18-2-319.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 319.5. "Retaliatory action", for
4 purposes of IC 16-28-4-8, has the meaning set forth in
5 IC 16-28-4-8(a).
6    SECTION 2. IC 16-28-1-15 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2026]: Sec. 15. (a) The state health commissioner, or the state
9 health commissioner's designee, shall establish a work group to
10 study methods to reduce and prevent resident neglect in health
11 facilities. The work group must include the following members:
12(1) Representatives of health facilities.
13(2) Representatives of family members of residents.
14(3) Representatives of advocacy groups that advocate for
15individuals who reside in health facilities.
16 The state health commissioner or the state health commissioner's
17 designee shall chair the work group and schedule and hold at least
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1 four (4) meetings.
2     (b) Before November 1, 2027, the state department, in
3 coordination with the work group, shall prepare and submit a
4 written report to the general assembly in an electronic format
5 under IC 5-14-6 with the actions of the work group and any
6 recommendations by the work group to reduce or prevent neglect
7 in health facilities.
8     (c) This section expires December 31, 2027.
9     SECTION 3. IC 16-28-2-13.2 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2026]: Sec. 13.2. (a) A health facility licensed
12 under this article shall designate at least one (1) employee of the
13 health facility to act as the family advocacy liaison for:
14(1) residents of the health facility; and
15(2) a designated member of the resident's family or the
16resident's health care representative;
17 that assists a resident or an individual described in subdivision (2)
18 in obtaining information concerning the resident, including records
19 and responses to grievances filed with the health facility by the
20 resident or individual described in subdivision (2) concerning the
21 resident.
22     (b) A health facility shall provide the name and contact
23 information of the health facility's designated family advocacy
24 liaison to each resident and individual described in subsection
25 (a)(2).
26     (c) A health facility shall offer grief support resources and
27 counseling to family members after the death of a resident.
28     SECTION 4. IC 16-28-2-14 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2026]: Sec. 14. (a) Each health facility licensed under this article
31 shall establish and implement an independent third party review
32 process of a complaint filed in writing by a resident or an
33 individual described in section 13.2(a)(2) of this chapter when the
34 complaint makes allegations concerning neglect of the resident.
35     (b) The independent third party review process established by
36 a health facility must meet the following requirements:
37(1) Be submitted in writing by the health facility to the
38independent third party for review and investigation not later
39than seven (7) calendar days from the filing of the complaint
40described in subsection (a).
41(2) Submit a copy of the written submission to the
42independent third party under subdivision (1) to the
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1individual who submitted the negligence complaint.
2(3) Allow the independent third party access to any records,
3staff, or other relevant information concerning the complaint
4in a timely manner and necessary for the independent third
5party to investigate the complaint.
6    (c) A health facility may not do any of the following concerning
7 a negligence complaint described in this section:
8(1) Require the resident or individual who filed the negligence
9complaint to reimburse the health facility for the independent
10third party review under this section.
11(2) Take any other adverse action against the resident or the
12individual who submitted the complaint unless recommended
13by the independent third party, the state department, or a
14court of law.
15    (d) A health facility shall ensure that a resident or an individual
16 described in section 13.2(a)(2) of this chapter is provided timely
17 access to the resident's records and any response to a filed
18 complaint.
19    SECTION 5. IC 16-28-4-8 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2026]: Sec. 8. (a) As used in this section, "retaliatory action"
22 means the reprimand, discharge, suspension, demotion, denial of
23 promotion or transfer, or change in the terms and conditions of
24 employment of an employee of a health facility that is taken in
25 retaliation for the employee's involvement in a protected activity
26 as set forth in this section.
27    (b) A health facility may not take any retaliatory action against
28 an employee of the health facility because the employee does any
29 of the following:
30(1) Discloses or threatens to disclose to a supervisor or to the
31public an activity, inaction, policy, or practice implemented
32by a health facility that the employee reasonably believes is in
33violation of a federal or state law, rule, or regulation.
34(2) Provides information to or testifies before any law
35enforcement or governmental entity conducting an
36investigation, hearing, or inquiry into any violation of a
37federal or state law, rule, or regulation.
38(3) Assists or participates in a proceeding to enforce the
39provisions of this article.
40    (c) A violation of this section occurs only if there is a finding
41 that:
42(1) the employee of the health facility engaged in conduct
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1described in subsection (b); and
2(2) the employee's conduct was a contributing factor in the
3retaliatory action alleged by the employee.
4 However, a health facility has not violated this section if the health
5 facility demonstrates, by clear and convincing evidence, that the
6 health facility would have taken the unfavorable employment
7 action against the employee in the absence of the conduct described
8 in subsection (b).
9    (d) If a court finds that a health facility has taken retaliatory
10 action against an employee in violation of this section, the employee
11 may be awarded all relief necessary to make the employee whole
12 and to prevent future violations of this section. Relief may include
13 any of the following:
14(1) Reinstatement of the individual to the same or equivalent
15position held before the retaliatory action was taken.
16(2) Two (2) times the amount of back pay that is owed to the
17individual.
18(3) Interest on the back pay that is owed to the individual.
19(4) Compensation for any special damages sustained by the
20individual as a result of the retaliatory action being taken,
21including costs and expenses of litigation and reasonable
22attorney's fees.
23    (e) Nothing in this section shall be deemed to diminish the rights,
24 privileges, or remedies of an individual under any other federal or
25 state law, rule, regulation, or employment contract.
26    SECTION 6. IC 16-28-11-2.5 IS ADDED TO THE INDIANA
27 CODE AS A NEW SECTION TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2026]: Sec. 2.5. After the death of a resident,
29 the health facility shall offer grief support to the deceased
30 resident's family.
31    SECTION 7. [EFFECTIVE UPON PASSAGE] (a) As used in this
32 SECTION, "health facility" refers to an entity licensed under
33 IC 16-28 as a comprehensive care facility.
34    (b) The legislative council is urged to assign to the appropriate
35 study committee during the 2026 legislative interim the task of
36 studying whether the state should impose minimum staff-to-patient
37 ratios for health facilities.
38    (c) This SECTION expires December 31, 2026.
39    SECTION 8. An emergency is declared for this act.
 2026  IN 1180—LS 6702/DI 104