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PAST LEGISLATIVE UPDATES

2022 General Assembly

HB 1202 authored by Representative Mike Andrade was introduced to the Public Health Committee on January 6, 2022.

Goals of HB 1202:

  • The Counseling Compact will increase licensure portability for practitioners while allowing member state regulatory boards to better protect consumers through enhanced sharing of licensure information.

Telehealth Provider Certification

The Telehealth Provider Certification is required by Indiana Code 25-1-9.5. Any out of state practitioner, and their employer, wishing to practice telehealth in Indiana must file a certification with the Indiana Professional Licensing Agency. This certification is to ensure that the practitioner and their employer voluntarily agree to be subject to the jurisdiction of Indiana courts and Indiana substantive and procedural laws concerning the care of an individual who is located in Indiana at the time of the services. Practitioners who are licensed in the state of Indiana do not have to file a certification, but can do so if they wish. Those with an Associate license are not eligible to file a certification, but this does not preclude them from practicing telehealth. A Telehealth Provider Certification can be filed online here: https://www.in.gov/pla/professions/telemedicine/

Mental Health Diagnosis

SEA 82, Mental Health Diagnosis, permits masters level licensed professionals (LCSW, LCAC, LMHC, LMFT) to diagnose mental health disorders. This is a long time in coming and will enhance workforce expertise and productivity. As a result of this bill, over 10,000 clinicians will now be able to diagnose mental health conditions. With 74 or the 92 counties considered mental health professional shortage areas and 70% of the counties in Indiana currently having insufficient or no access to psychiatrists, this bill will increase the number of clinicians who can diagnose and provide treatment in a timely way.

Senate Bill 82: Mental Health Diagnosis - Defines "mental health diagnosis" and sets forth requirements that must be met in order for certain licensed professionals to provide a mental health diagnosis. Requires certain mental health professionals who are making a mental health diagnosis and who determine that the patient has not been examined by a physician in the preceding 12 months to recommend to the patient that the patient schedule an examination by a physician at the earliest opportunity. Requires notation of that recommendation in the patient's medical record.

What does this mean?  If passed, SB 82 will allow LCSW, LMHC, LMFT, and LCAC to provide diagnosis.  Current Indiana statute allows LCSW’s to provide a diagnostic impression that must be approved by an HSPP or an MD to be in compliance with the law.

See more information about this bill here.

Thanks to Senator Crider (S-28) & Senator Charbonneau (S-5) for authoring the bill and to Senators Doriot (S-2), J.D. Ford (S-29), Becker (S-50), Breaux (S-34),Yoder (S-40), Grooms (S-46) and J. Ford (S-38) for co-authoring the bill and thanks to the Senate Public Health and Provider Services committee for unanimously supporting the bill in committee, and thanks to every Senator for supporting SB 82. 

Mental Health and Addiction Programs

Governor Holcomb, Lt Governor Crouch, and the members of the Indiana General Assembly assisted to the Full Restoration of funding for Mental Health and Addiction programs! 

Recovery Works and the appropriation of an additional

$100M over the biennium to fund mental health initiatives are included!

At a time of great need, the Budget Bill (HB 1001), as introduced, made over $26M in cuts for the biennium to mental health and addiction services. These cuts would have severely and negatively impacted the behavioral health service delivery system in Indiana. Thanks to the strong advocacy effort by mental health and addiction advocates, key legislators, and state leadership, the Indiana General Assembly has successfully restored ALL of the introduced cuts--including full restoration for Recovery Works! In addition, HB 1001 would appropriate an additional $100M over the biennium to fund mental health initiatives! 

To read more about the proposed state budget bill, please read below:

House Bill 1001: STATE BUDGET - Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Replaces the governor with the budget director or the budget director's designee on the state board of finance. Renames the personal services/fringe benefits contingency fund as the budget agency contingency fund (fund).


ICA EFFORTS TOWARDS RACIAL INJUSTICE, DIVERSITY, EQUITY, AND INCLUSION

  • ICA Statement on Racial Injustice (6/10/20). View our Statement here: ICA Racial Injustice Statement (2).pdf
  • Proclamation to Governor’s Office for Minority Mental Health Month (July)-- sent 6/11/20


AMHCA webinar: Medicare Grassroots Advocacy (5/13/20)-- an update on the Medicare legislation and guidance on what needs to happen now to include our bill in the next COVID-19 stimulus package.

  • Seek inclusion of S. 286 (The Mental Health Access Improvement Act) in any upcoming Senate COVID-19 Economic Stimulus bill


Senate Bill 142
Synopsis: Medicaid reimbursement for schools. Specifies services for which a school corporation may seek Medicaid reimbursement. Adds physical therapy to the list of services a school psychologist may refer a student. Allows school psychologists to make referrals to physical therapists for mandated school services. Effective: July 1, 2020. 


AMERICAN COUNSELING ASSOCIATION RELEASES 2020 POST-ELECTION ANALYSIS - 11/11/20

2020 has been a historic year— and this November, many Americans are looking to those in Congress and those in the White House to lead the country, protect the courts and make progress on issues like climate change, health care, racial justice, and a post-COVID economy.

The 2020 election determines who those leaders are, and not just in Congress or in the White House. With 435 House seats, 35 Senate seats, and 13 gubernatorial seats up for grabs, more is at stake than ever.

See full document here.


AMERICAN COUNSELING ASSOCIATION ADVOCACY POWER HOURS

      Virtual Town Hall (5/27/20)
        ACA Power Hour (6/11/20)
          • HR945 & Senate286
          • ACA is compiling a list of racial injustice issues on a state and federal level 
          • Stakeholder engagement on the interstate compact (August)
        ACA Power Hour (7/9/20)
        • Extension to the COVID-19 national emergency declaration 
        • On July 25, 2020, the provisions supporting Licensed Professional Counselors (LPCs) within the National Emergency Declaration are set to expire. These provisions allow LPCs to provide mental health services while waiving certain telebehavioral health restrictions due to the coronavirus pandemic.
        • Public health emergencies must be renewed by Health and Human Services every 90 days, The emergency was first issued in January, and was renewed previously in late April. The expected extension would last until late October.
        The Support Act: H.R. 6 the Support for Patients and Communities Act
        January 1, 2020 -licensed professional counselors in opioid treatment programs certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) are eligible for Medicare reimbursement. 
        https://www.counseling.org/docs/default-source/government-affairs/support-act-break-down-for-lpcs.pdf?sfvrsn=1ffa5c2c_2

        Indiana Associations Meeting (Diagnosis) -Sept. 2019
        Every group present (IAMFT, ICA, IAAP, MHA) reported their association has voted/decided to move forward and pursue diagnosis together. School counselors are in support as well. 

        Mailing Address:

        14804 Deerwood Dr

        Carmel, IN 46033


        Email: execdirector@indianacounseling.org

        The Indiana Counseling Association

        is a 501(c)6 non-profit organization.


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