Advocates are watching six bills which are still to be considered for the 2026 Indiana legislative session. They have the power to change the lives of people with disabilities.
A bill ending a governmental advisory board made up of people with disabilities and their allies is on the agenda for this session. Excluding any minority group from leadership positions is a way to oppress them. We cannot afford to lose this foot hold.
If passed, children with Autism will be able to receive Applied Behavioral Analysis services in their school. As of now, federal law states that children have the right to be educated in the least restrictive environment. This bill can keep children who need these services in classes with their peer group. One drawback is that the school will not be financially responsible for the therapy.
A very necessary piece of legislation moves us in the correct direction of not executing individuals with cognitive disabilities. There is some discussion that this bill does not go far enough to safeguard individuals whose cognitive disability does not manifest early in the trial process.
Finally, there are 2 bills that deal with Medicaid. One bill makes it more difficult to qualify for benefits by reducing the income limit. It does not mention waiver income limits. The other bill is regarding long-term care and the PathWays program. It requires the state to apply for new funds and sets guidelines for where care can take place. Basically, if it is cheaper to put someone in an institution, they have no choice. Care at these facilities is not preferable to care at home. Facilities are already overcrowded, understaffed and underfunded.
All these bills are listed below with their authors and co-authors. IDJ urges anyone to be an advocate or self-advocate. Information on these, and all current legislation, and phone number of legislatures can be found at https://iga.in.gov/legislative/2026/bills. The closest thing to an email list is at https://indianacoalitionforpubliced.org/email-legislators/.
HB 1003 – Representative Bartels (with co-author Representative Miller) – Boards and commissions
This bill proposes to restructure administration of Indiana’s funds and oversight boards. Of particular concern is the plan to end the Division of Disability and Rehabilitative Services (DDRS) Advisory Council at the end of 2026. The Council brings expertise, lived experiences, and advice to the DDRS across many areas including technology, health, policy and advocacy.
HB 1102 – Representative Greene (with co-authors Representatives Olthoff, Gross-Reaves, and Bauer) – Applied behavioral analysis therapy services
Applied Behavioral Analysis (ABA) is a therapeutic technique used with those with Autism who have high access needs. IDJ does not endorse any therapeutic technique. This bill will require public schools to allow a student to have ABA services in their school according to their educational plan. The school will have no financial responsibility and will have immunity from civil liability for good faith efforts to comply with these requirements. The board of education will assist schools.
HB 1432 – Representative Bascom (with co-authors Representatives Zimmerman and Greene) – Death sentence and intellectual disabilities.
No one with a cognitive disability should be put to death. This bill is a step in the right direction, but advocates would like to see the timeframe for diagnosing a intellectual disability extended, stating that it may not be seen before the beginning of the trial.
SB 275 – Representatives Mishler and Garten – FSSA fiscal matters
It lowers the Medicaid eligibility income limit. This means that if one’s income is over $994, they will be ineligible for full Medicaid coverage. Right now, that limit is $1,305. There is no change to waiver income limits in this bill.
HB 1277 – Barrett (with co-authors Representatives Goss-Reaves, Porter, and Slager) – Long term care
If passed, Indiana will apply for federal funds to create a new waiver to cover assisted living services and require that folks covered under an existing waiver apply for this new waiver. It also calls for care of individuals under a community and home based waivers to not exceed the cost of institutionalization. The bill also states that a person who has been in a nursing facility more than 100 days will no longer be covered and will receive Medicaid services under a fee for service program.