STATEHOUSE (Sept. 11, 2025) – Gov. Mike Braun recently ceremonially signed into law a bill co-authored by State Rep. Bob Behning (R-Indianapolis) to help provide solutions for families of medically complex patients impacted by Medicaid waiver changes.
During the pandemic, access to home- and community-based services for the disabled was expanded through the Health and Wellness waiver. Demand for these services remained high even after pandemic-related policies ended, resulting in an unsustainable surge in Medicaid spending for the state and the Family and Social Services Administration instituting a waitlist for H&W waivers after it reached capacity.
Previously, parents of medically complex children were allowed to serve as their caregivers while being compensated. The H&W waiver disrupted this arrangement, leaving many families in limbo about how this care would continue, especially if it could no longer be delivered by a parent or guardian.
"Our Medicaid costs continue to take up more and more of the state budget, straining important programs and leading to waitlists for Hoosier families needing these services," said Behning, a member of the House Public Health Committee. "This law aims to identify long-term solutions to ensure we are providing support to those who need it most while reforming Medicaid to combat rising, unsustainable costs."
House Enrolled Act 1689 allows for necessary feedback between the FSSA and Division of Disability and Rehabilitative Services Advisory Council to work together on potentially proposing a state plan amendment to bring back the Legally Responsible Individual language to the H&W waiver. Behning said the goal is to revive this initiative in a more cost-effective manner, as well add a tier of structured family caregiving to apply to those individuals deemed as needing “extraordinary care” services.
The law grants the Bureau of Disability Services Ombudsman program to oversee the H&W and Traumatic Brain Injury waivers instead of the Division of Mental Health and Addiction. Behning said the BDS is the authorized authority to approve these enrollments after the A&D waiver split among the Medicaid populations on the new H&W and TBI waivers. HEA 1689 also enhances transparency reporting and data collecting by the FSSA to identify gaps in services, improve service delivery and address the underutilization of services.
To learn more about HEA 1689 and other new laws passed during the 2025 legislative session, visit iga.in.gov.
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State Rep. Bob Behning (R-Indianapolis) represents House District 91,
which includes a portion of Marion County.
Click here to download a high-resolution photo.
PHOTO CAPTION: State Rep. Bob Behning (R-Indianapolis) (10th from right) joins Gov. Mike Braun (seated at desk) for a ceremonial signing of a law he co-authored to help provide solutions for families of medically complex patients on Wednesday, Aug. 27, 2025, at the Statehouse. Also pictured are law author State Rep. Ed Clere (New Albany) (14th from left), law co-authors State Reps. Cherrish Pryor (D-Indianapolis) (13th from left) and Greg Porter (D-Indianapolis) (eighth from right), and families of medically complex patients.
