HB 1306

                                                             Introduced Version
           HOUSE BILL No. 1306
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-10-17.1-12; IC 16-25-6; IC 16-27-2.
Synopsis: Prevention of elder abuse. Precludes certain individuals
who have been convicted of particular crimes from providing certain
types of in-home care for compensation. Prohibits the division of aging
from registering certain individuals for purposes of attendant care
services.
Effective: July 1, 2026.
                                 Lauer
   January 6, 2026, read first time and referred to Committee on Public Health.
2026  IN 1306—LS 6903/DI 148
                                                                                       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. 1306
   A BILL FOR AN ACT to amend the Indiana Code concerning
 human services.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 12-10-17.1-12, AS AMENDED BY P.L.56-2023,
2 SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 12. (a) Subject to subsection (f), the division
4 shall register an individual who provides the following:
5(1) A personal resume containing information concerning the
6individual's qualifications, work experience, and any credentials
7the individual may hold. The individual must certify that the
8information contained in the resume is true and accurate.
9(2) The individual's:
10(A) limited criminal history check from the Indiana central
11repository for criminal history information under IC 10-13-3;
12(B) expanded criminal history check under IC 20-26-2-1.5; or
13(C) criminal history check from another source allowed by
14law.
15(3) If applicable, the individual's state nurse aide registry report
16from the Indiana department of health. This subdivision does not
17require an individual to be a nurse aide.
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1(4) Three (3) letters of reference.
2(5) A registration fee. The division shall establish the amount of
3the registration fee.
4(6) Proof that the individual is at least eighteen (18) years of age.
5(7) Any other information required by the division.
6     (b) A registration is valid for two (2) years. A personal services
7 attendant may renew the personal services attendant's registration by
8 updating any information in the file that has changed and by paying the
9 fee required under subsection (a)(5). The limited criminal history check
10 and report required under subsection (a)(2) and (a)(3) must be updated
11 every two (2) years.
12     (c) The division and any organization designated under section 11
13 of this chapter shall maintain a file for each personal services attendant
14 that contains:
15(1) comments related to the provision of attendant care services
16submitted by an individual in need of self-directed in-home care
17who has employed the personal services attendant; and
18(2) the items described in subsection (a)(1) through (a)(4).
19     (d) Upon request, the division shall provide to an individual in need
20 of self-directed in-home care the following:
21(1) Without charge, a list of personal services attendants who are
22registered with the division and available within the requested
23geographic area.
24(2) A copy of the information of a specified personal services
25attendant who is on file with the division under subsection (c).
26The division may charge a fee for shipping, handling, and copying
27expenses.
28     (e) The limited criminal history check requirement described in
29 subsection (a)(2) may be satisfied by fulfilling the components of an
30 expanded criminal history check under IC 20-26-2-1.5 and is subject
31 to the conditions described in IC 16-27-2-4(c).
32     (f) A person may not be registered under subsection (a) if the
33 person has any of the following convictions:
34(1) A sex crime (IC 35-42-4).
35(2) Exploitation of an endangered adult (IC 35-46-1-12).
36(3) Failure to report battery, neglect, or exploitation of an
37endangered adult (IC 35-46-1-13).
38(4) Theft, conversion, or receiving stolen property (IC
3935-43-4), if the conviction is a:
40(A) felony conviction that occurred less than ten (10) years;
41or
42(B) misdemeanor conviction that occurred less than five (5)
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1years;
2      before the person's registration application date.
3      (5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
4(A) felony conviction that occurred less than ten (10) years;
5or
6(B) misdemeanor conviction that occurred less than five (5)
7years;
8      before the person's registration application date.
9      (6) Fraud (IC 35-43-5-4), if the conviction is a:
10(A) felony conviction that occurred less than ten (10) years;
11or
12(B) misdemeanor conviction that occurred less than five (5)
13years;
14      before the person's registration application date.
15      (7) Murder (IC 35-42-1-1).
16      (8) Voluntary manslaughter (IC 35-42-1-3).
17      (9) Except as provided in this section, a crime of violence (as
18      defined in IC 35-50-1-2), if the person's conviction occurred
19      less than ten (10) years before the person's registration
20      application date.
21      (10) A battery offense under IC 35-42-2 within the previous
22      five (5) years.
23      (11) A felony offense relating to controlled substances within
24      the previous five (5) years.
25      (12) Neglect of a dependent under IC 35-46-1-4.
26    SECTION 2. IC 16-25-6-1, AS AMENDED BY P.L.214-2013,
27 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2026]: Sec. 1. (a) A person may not own or operate a hospice
29 program if the person has:
30      (1) been convicted of rape (IC 35-42-4-1);
31      (2) been convicted of criminal deviate conduct (IC 35-42-4-2)
32      (repealed);
33      (3) been convicted of exploitation of a dependent or an
34      endangered adult (IC 35-46-1-12);
35      (4) had a judgment entered against the person for failure to report
36      battery, neglect, or exploitation of an endangered adult (IC
37      35-46-1-13); or
38      (5) been convicted of theft (IC 35-43-4), if the person's conviction
39      for theft occurred less than ten (10) years before the date of
40      submission by the person of an application for licensure or
41      approval as a hospice program under IC 16-25-3;
42      (6) been convicted of a battery offense under IC 35-42-2
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1      within the previous five (5) years; or
2      (7) been convicted of neglect of a dependent under
3      IC 35-46-1-4.
4    (b) A person who knowingly or intentionally violates this section
5 commits a Class A misdemeanor.
6    SECTION 3. IC 16-25-6-3, AS AMENDED BY P.L.214-2013,
7 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (b), a
9 person who owns or operates a hospice program may not employ an
10 individual or allow a volunteer to provide hospice services if that
11 individual's or volunteer's limited criminal history indicates that the
12 individual or volunteer has:
13      (1) been convicted of rape (IC 35-42-4-1);
14      (2) been convicted of criminal deviate conduct (IC 35-42-4-2)
15      (repealed);
16      (3) been convicted of exploitation of an endangered adult (IC
17      35-46-1-12);
18      (4) had a judgment entered against the individual for failure to
19      report battery, neglect, or exploitation of an endangered adult (IC
20      35-46-1-13); or
21      (5) been convicted of theft (IC 35-43-4), if the conviction for theft
22      occurred less than ten (10) years before the individual's
23      employment application date;
24      (6) been convicted of a battery offense under IC 35-42-2
25      within the previous five (5) years; or
26      (7) been convicted of neglect of a dependent under
27      IC 35-46-1-4.
28    (b) A hospice program may not employ an individual or allow a
29 volunteer to provide hospice services for more than twenty-one (21)
30 calendar days without receipt of that individual's or volunteer's limited
31 criminal history required by section 2 of this chapter, unless the Indiana
32 central repository for criminal history information under IC 10-13-3 is
33 solely responsible for failing to provide the individual's or volunteer's
34 limited criminal history to the hospice program within the time
35 required under this subsection.
36    SECTION 4. IC 16-27-2-3, AS AMENDED BY P.L.171-2025,
37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2026]: Sec. 3. (a) Except as provided in subsection (c), a
39 person may not operate a home health agency or a personal services
40 agency if the person has been convicted of any of the following:
41      (1) A sex crime (IC 35-42-4).
42      (2) Exploitation of an endangered adult (IC 35-46-1-12).
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1      (3) Failure to report battery, neglect, or exploitation of an
2      endangered adult (IC 35-46-1-13).
3      (4) Theft, conversion, or receiving stolen property (IC 35-43-4),
4      if the conviction is a:
5(A) felony conviction that occurred less than ten (10) years; or
6(B) misdemeanor conviction that occurred less than five (5)
7years;
8      before the date of submission by the person of an application for
9      licensure as a home health agency under IC 16-27-1 or as a
10      personal services agency under IC 16-27-4.
11      (5) Identity deception (IC 35-43-5-3.5), if the conviction is a:
12(A) felony conviction that occurred less than ten (10) years; or
13(B) misdemeanor conviction that occurred less than five (5)
14years;
15      before the person's employment application date.
16      (6) Fraud (IC 35-43-5-4), if the conviction is a:
17(A) felony conviction that occurred less than ten (10) years; or
18(B) misdemeanor conviction that occurred less than five (5)
19years;
20      before the person's employment application date.
21      (7) Murder (IC 35-42-1-1).
22      (8) Voluntary manslaughter (IC 35-42-1-3).
23      (9) Except as provided in this section, a crime of violence (as
24      defined in IC 35-50-1-2), if the person's conviction occurred less
25      than ten (10) years before the person's employment application
26      date.
27      (10) Felony A battery offense under IC 35-42-2 within the
28      previous five (5) years.
29      (11) A felony offense relating to controlled substances within the
30      previous five (5) years.
31      (12) Neglect of a dependent under IC 35-46-1-4.
32    (b) A person who knowingly or intentionally violates this section
33 commits a Class A misdemeanor.
34    (c) A person who:
35      (1) was operating a home health agency or a personal services
36      agency before July 1, 2025; and
37      (2) has a misdemeanor conviction under subsection (a)(4)(B) or
38      (a)(5)(B);
39 may continue to operate the home health agency or personal services
40 agency.
41    SECTION 5. IC 16-27-2-5, AS AMENDED BY P.L.171-2025,
42 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2026]: Sec. 5. (a) Except as provided in subsections (c) and
2 (d), a person who operates a home health agency under IC 16-27-1 or
3 a personal services agency under IC 16-27-4 may not employ a person
4 to provide services in a patient's or client's temporary or permanent
5 residence if one (1) or more of the following conditions exist:
6(1) The person's national criminal history background check or
7expanded criminal history check indicates that the person has
8been convicted of any of the following:
9(A) A sex crime (IC 35-42-4).
10(B) Exploitation of an endangered adult (IC 35-46-1-12).
11(C) Failure to report battery, neglect, or exploitation of an
12endangered adult (IC 35-46-1-13).
13(D) Theft, conversion, or receiving stolen property (IC
1435-43-4), if the conviction is a:
15(i) felony conviction that occurred less than ten (10) years;
16or
17(ii) misdemeanor conviction that occurred less than five (5)
18years;
19before the person's employment application date.
20(E) Identity deception (IC 35-43-5-3.5), if the conviction is a:
21(i) felony conviction that occurred less than ten (10) years;
22or
23(ii) misdemeanor conviction that occurred less than five (5)
24years;
25before the person's employment application date.
26(F) Fraud (IC 35-43-5-4), if the conviction is a:
27(i) felony conviction that occurred less than ten (10) years;
28or
29(ii) misdemeanor conviction that occurred less than five (5)
30years;
31before the person's employment application date.
32(G) Murder (IC 35-42-1-1).
33(H) Voluntary manslaughter (IC 35-42-1-3).
34(I) Except as provided in this section, a crime of violence (as
35defined in IC 35-50-1-2), if the person's conviction occurred
36less than ten (10) years before the person's employment
37application date.
38(J) Felony A battery offense under IC 35-42-2 within the
39previous five (5) years.
40(K) A felony offense relating to controlled substances within
41the previous five (5) years.
42(L) Neglect of a dependent under IC 35-46-1-4.
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1(2) The person:
2(A) has abused, neglected, or mistreated a patient or
3misappropriated a patient's property; and
4(B) had a finding entered into the state nurse aide registry.
5    (b) A person who knowingly or intentionally applies for a job as a
6 home health aide or other unlicensed employee at:
7(1) a home health agency;
8(2) a health care facility; or
9(3) an entity in the business of contracting to provide home health
10aides or other unlicensed employees for a health care facility;
11 after a conviction of one (1) or more of the offenses listed in subsection
12 (a)(1) commits a Class A infraction.
13    (c) A home health agency or personal services agency may not
14 employ a person to provide services in a patient's or client's temporary
15 or permanent residence for more than twenty-one (21) calendar days
16 without receipt of that person's national criminal history background
17 check or expanded criminal history check required by section 4 of this
18 chapter, unless the state police department, the Federal Bureau of
19 Investigation under IC 10-13-3-39, or the private agency providing the
20 expanded criminal history check is responsible for failing to provide
21 the person's national criminal history background check or expanded
22 criminal history check to the home health agency or personal services
23 agency within the time required under this subsection.
24    (d) A home health agency or personal services agency may continue
25 to employ a person to provide services in a patient's or client's
26 temporary or permanent residence if the person:
27(1) has a misdemeanor conviction under subsection (a)(1)(D)(ii)
28or (a)(1)(E)(ii); and
29(2) was employed by the home health agency or personal services
30agency to provide services described in this subsection before
31July 1, 2025.
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