The IndyBar Legislative Committee is currently monitoring the following health care and life sciences related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at email@example.com.
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OUT OF NETWORK BILLING FOR HEALTH CARE SERVICES. (SMALTZ B) Prohibits specified health care providers from billing a patient for amounts that exceed the in network rates paid by the patient's insurance plus any deductibles, copayments, and coinsurance amounts. Specifies an exception.
HEALTH AND INSURANCE MATTERS. (SCHAIBLEY D) Requires the governing board of a nonprofit hospital to hold public semiannual meetings concerning health care services pricing and measures the hospital is taking to make health services more affordable. Provides that a facility is an off-campus location of a hospital if: (1) the operations of the facility are directly or indirectly owned or controlled by, or affiliated with, the hospital; (2) the facility provides services that are organizationally and functionally integrated with the services of the hospital; and (3) the facility provides preventive services, diagnostic services, treatment services, or emergency services. Requires an off-campus location of a hospital to apply for, obtain, and use on all claims for reimbursement or payment a national provider identifier separate and distinct from the national provider identifier of the hospital of which it is an off-campus location. Requires hospitals and ambulatory surgical outpatient centers to post certain health care services pricing information by billing code on the hospital's Internet web site and sets forth requirements. Requires: (1) a provider facility (including a hospital) in which a nonemergency health care service will be performed; or (2) a practitioner (including a physician) who will perform a nonemergency health care service; upon request from the individual for whom the nonemergency health care service has been ordered, to provide a good faith estimate of the charge for the nonemergency health care service not more than 72 hours after receiving the individual's request. Requires a health carrier (including an insurer or a health maintenance organization) to provide to an individual who is entitled to coverage from the health carrier, not more than 24 hours after the individual requests the information, a good faith estimate of: (1) the amount of the cost of the nonemergency health care service that the health carrier will pay for or reimburse to the covered individual; or (2) the extent and nature of the ordered nonemergency health care service a covered individual is entitled to receive. Requires the department of insurance to submit a request for information and a request for proposal concerning the establishment and implementation of an all payer claims data base and sets forth requirements. Provides that if a health carrier provides coverage to the individual through a network plan, the health carrier shall inform the individual whether the provider facility in which the nonemergency health care service will be provided and the practitioners who will provide the nonemergency health care service are included in the health carrier's network plan. Requires provider facilities and practitioners to post signs in waiting rooms and offices and to provide Internet web site notices about the availability of estimates of the amount the patient will be charged for medical services. Requires health carriers to provide Internet web site notices about the availability of good faith estimates of coverage for nonemergency health care services. Provides penalties for noncompliance by provider facilities, practitioners, and health carriers. Requires an insurance producer to disclose commission information. Prohibits health provider contracts from including provisions that prohibit the disclosure of health care service claims data to employers providing the health coverage and makes a violation an unfair and deceptive act.
END OF LIFE OPTIONS. (PIERCE M) Allows individuals with a terminal illness who meet certain requirements to make a request to an attending physician for medication that the individual may self-administer to end the individual's life. Specifies requirements a physician must meet in order to prescribe the medication to a patient. Prohibits an insurer from denying payment of benefits under a life insurance policy based upon a suicide clause in the life insurance policy if the death of the insured individual is the result of medical aid in dying. Establishes a Level 1 felony if a person: (1) without authorization of the patient, willfully alters, forges, conceals, or destroys a request for medication or a rescission of a request for medication with the intent or effect of causing the individual's death; or (2) knowingly or intentionally coerces or exerts undue influence on an individual to request medication to end the individual's life or to destroy a rescission of a request for medication to end the individual's life.
CANNABIS. (LUCAS J) Decriminalizes the possession of: (1) 30 grams or less of cannabis; or (2) five grams or less of hash oil or hashish; by making the violation a Class D infraction. Provides that a person who knowingly or intentionally possesses an instrument, a device, or another object that the person intends to use for introducing cannabis into the person's body, commits a Class D infraction. Establishes a per se intoxication level of 10 nanograms of THC per milliliter of whole blood for purposes of operating while intoxicated laws, and requires that the analysis of controlled substances in a person's blood measure only the controlled substance and not the metabolites of the controlled substance. Repeals the term "marijuana" and replaces with the term "cannabis". Makes conforming changes.
INSPECTION OF PETROLEUM PRODUCTS. (TORR J) Revises certain specifications used in the testing of gasoline and gasohol.
NEWBORN SCREENING FOR CYTOMEGALOVIRUS. (CAMPBELL C) Requires every infant to be screened for cytomegalovirus at the earliest feasible time.
INFANT SCREENING. (LAUER R) Requires every infant to be screened for Adrenoleukodystrophy (ALD) at the earliest feasible time. Requires the infant pulse oximetry screening examination to be given according to rules adopted by the state department of health.
ADDICTION TREATMENT MEDICATIONS. (BARRETT B) Requires that a substance abuse medication in various treatment programs be a long acting medication. (Current law requires the medication be a long acting, nonaddictive medication.) Provides for a uniform definition of the term "medication assisted treatment". Makes technical corrections.
HEALTH CARE SERVICE COST. (HOSTETTLER M) Requires provider facilities and certain health care practitioners to provide to patients the cost of scheduled health care services.
HIV AND FATALITY REVIEWS. (CLERE E) Removes acquired immune deficiency syndrome (AIDS) from the statutory definition of "exposure risk disease". Replaces the term "AIDS" with the term "human immunodeficiency virus (HIV)" where appropriate. Replaces the term "carrier" with the term "individual with a communicable disease" where appropriate. Replaces the term "danger" with the term "risk" where appropriate. Replaces the term "spread" with the term "transmission" where appropriate. Replaces the term "HIV antibody" with "human immunodeficiency virus (HIV)" where appropriate. Requires the state department of health (department) to specify, in any literature provided to children and young adults concerning HIV, that abstinence is one way to prevent the transmission of HIV. (Current law states that abstinence is the best way to prevent the transmission of HIV). Specifies that the use of antiretroviral drugs and other medical interventions may lessen the likelihood of transmitting HIV to a child during childbirth. (Current law states that birth by caesarean section may lessen the likelihood of transmitting HIV to a child during childbirth). Requires a physician or the authorized representative of a physician to: (1) provide a patient with a meaningful opportunity to consider an HIV test; and (2) inform a patient of their right to ask questions and to refuse an HIV test; prior to ordering an HIV test for a patient. Requires a physician or an authorized representative of the physician to inform a patient of the counseling services and treatment options available to the patient if an HIV test indicates that the patient is HIV positive. Requires a patient to be notified of their right to a: (1) hearing; and (2) counsel; in certain situations involving a court ordered HIV test. Allows the department to establish a statewide suicide and overdose fatality review (SOFR) committee. Requires the department to establish a state suicide and overdose fatality review coordinator if a statewide SOFR committee is created. Specifies certain duties for the state suicide and overdose fatality review coordinator. Provides that the purpose of a statewide SOFR committee is to: (1) study and review the issues underlying suicide and overdose fatalities; (2) identify similarities, trends, and factual patterns in suicide and overdose fatalities in Indiana; (3) develop strategies to reduce the stigma associated with suicide and overdose fatalities; (4) use acquired information to: (A) improve community resources and systems of care so that suicide and overdose fatalities may be prevented or reduced across the state of Indiana; and (B) create strategies and make recommendations concerning the prevention of: (i) suicide; and (ii) overdose fatalities; (4) provide consultation, guidance, and training to county SOFR committees; and (5) advise and educate the legislature, the governor, and the public on the status of suicide and overdose fatalities in Indiana. Specifies membership and duty requirements for the statewide SOFR team. Specifies certain recordkeeping and reporting requirements for the statewide SOFR team. Provides that a county may establish a county suicide and overdose fatality review committee (county SOFR committee). Requires a county SOFR committee to review certain suicide and overdose fatalities. Allows a county SOFR committee to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, recordkeeping, and data entry requirements for county SOFR committees. Defines certain terms. Makes conforming amendments.
PUBLIC SAFETY OFFICER BENEFITS. (BARTELS S) Increases, from $150,000 to $225,000, the special death benefit for certain public safety officers and members of the 1925 police pension fund, the 1937 firefighters' pension fund, the 1953 police pension fund, or the 1977 police officers' and firefighters' pension and disability fund (1977 fund) who die in the line of duty after June 30, 2020. Requires a city to pay for the care of a police officer or firefighter who suffers an injury while on duty. Establishes mental health disability review panels (review panel) for evaluation of members of the 1977 fund who have been determined to have an impairment for mental illness. Includes mental illness in the description of "occupational diseases" for purposes of determining whether a 1977 fund member has an impairment. Makes the final determination of an impairment for a mental illness provisional for two years from the date of the final determination. Requires that, during that time, the 1977 fund member participate in a mental health treatment plan, at the employer's cost, and at the end of the two year period, requires the review panel to evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) may continue for another two year provisional disability period. Requires that, at the end of the second provisional period, the review panel evaluate the 1977 fund member to determine if the 1977 fund member: (1) is medically able to return to duty; or (2) has a permanent impairment. Increases the maximum age to begin membership in the 1977 fund from 35 to 39 years of age. Provides that a unit's obligation to provide insurance coverage for a volunteer firefighter or member of an emergency medical services personnel supersedes the obligation of another medical insurance carrier. Provides that a certified emergency medical technician or a licensed paramedic is not liable for transporting any person to an appropriate health care facility when the emergency medical technician or the licensed paramedic makes a good faith judgment that the emergency patient or the emergency patient's primary caregiver lacks the capacity to make an informed decision about the patient's: (1) safety; or (2) need for medical attention; and the emergency patient is reasonably likely to suffer disability or death without the medical intervention available at the facility.
PRESCRIPTION DRUG DONATION REPOSITORIES. (BARTELS S) Establishes the prescription drug donation repository program (program) to allow a person to donate prescription drugs and supplies to a central repository or local repository for use by an individual who is an eligible recipient or qualified individual. Provides that controlled substances are not allowed in the program. Allows a health care facility or pharmacy to elect to participate as a local repository in the program. Establishes criteria for the acceptance and distribution of donated prescription drugs and supplies. Establishes immunity for certain persons who act reasonably and in good faith under the program.
PALLIATIVE CARE. (CLERE E) Requires a home health agency to have a hospice license to provide hospice services. Defines the terms "community based palliative care" and "palliative care". Provides that a hospice provider who has obtained certification in community based palliative care from an organization approved by the state department of health may provide community based palliative care to noneligible hospice patients if the hospice provider meets certain licensing requirements. Makes a technical correction.
VARIOUS HEALTH MATTERS. (ZENT D) Establishes penalties for intentionally interfering with an investigation and enforcement of a home health agency by the state department of health (department). Allows the department to use the immunization data registry to store and release nonimmunization personal health information. Changes the title of a "certified food handler" to "certified food protection manager" (CFPM). Repeals the definition of "food handler". Requires a CFPM to provide certain documents to the food establishment and obtain a valid certificate every five years. Prohibits using the title "certified food protection manager" unless the person holds a certificate. Provides that a CFPM may be required to be present during all hours of operation if the department and food establishment agreed upon a variance concerning the requirements for the operation of the food establishment. Amends the establishments that are exempt from the certified food protection manager requirements. Establishes new penalties. Provides for the transition of an existing certified food handler to a certified food protection manager. Makes conforming changes.
HEALTH CARE PROVIDER BILLING REQUIREMENTS. (BAIRD B) Requires a hospital or ambulatory outpatient surgical center to provide a patient written notice before a service may be provided if the provider who is to provide the service is out of the patient's health plan network. Requires the patient to acknowledge receipt of the notice and either agree or decline to receive the service from an out of network provider. Specifies options if the patient declines to receive the services from an out of network provider. Includes transportation services as an included service for purposes of the notice and excludes emergency services.
INTERSTATE COMPACT ON CURING DISEASES. (BAIRD B) Establishes the solemn covenant of the states to award prizes for curing disease compact. Establishes responsibilities and duties within the compact. Provides for immunity for members, officers, executive director, employees, and representatives of the solemn covenant of states commission.
BED BUG ABATEMENT. (PORTER G) Repeals statutes concerning state and local programs for pest and vector abatement. Allows: (1) the executive board of the state department of health to adopt rules; and (2) the board of a municipal corporation and the health and hospital corporation to adopt ordinances and rules; concerning the control of pests and vectors. Provides that the owner, lessee, superintendent, or manager of an establishment subject to the lodging establishment laws may not furnish beds or bedding infested with pests or vectors. Requires that a lodging establishment room that has an infested bed or infested bedding must be thoroughly fumigated, disinfected, and renovated until the pests and vectors are entirely exterminated. Makes conforming amendments.
GREEN ALERT FOR AT-RISK VETERANS. (DEAL R) Defines "veteran at risk". Creates the green alert program. Changes the name of the Indiana clearinghouse for information on missing children and missing endangered adults to the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults (clearinghouse). Makes conforming changes to the duties of the clearinghouse. Creates certain duties and reporting requirements for law enforcement agencies concerning missing veterans at risk. Provides immunity for a broadcaster who broadcasts or an electronic billboard operator who displays a green alert notification and a person who establishes or maintains a green alert web site under an agreement with the state police department.
DRINKING WATER TESTING IN LAKE COUNTY. (JACKSON C) Requires that the drinking water in every child care center, child care home, child care ministry site, child care program site, child caring institution, and school building be tested before January 1, 2023, for compliance with the national primary drinking water regulations for lead and copper. Provides, however, that the testing requirement is satisfied if the drinking water of the child care facility or school building has already been tested for compliance with the national primary drinking water regulations at least once since 2016. Provides that if a test of the drinking water of a child care facility or school building indicates the presence of lead in the water equal to or greater than the federal lead action level of 15 parts per billion, the person or entity having authority over the child care facility or school building is required to take action to reduce the lead levels in the drinking water to less than 15 parts per billion.
ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE. (BARRETT B) Allows a pharmacist to dispense auto-injectable epinephrine by standing order to a person who: (1) presents a certificate of completion from a specified course of instruction to the pharmacist at the time the auto-injectable epinephrine is dispensed; and (2) is an individual who is or may be in a position to assist an individual who is at risk of experiencing anaphylaxis. Requires a pharmacist to do the following when dispensing auto-injectable epinephrine to a person under a standing order: (1) Provide instruction concerning how to properly administer auto-injectable epinephrine from the specific device being dispensed to the person. (2) Instruct the individual to summon emergency medical services either immediately before or immediately after administering auto-injectable epinephrine to a person experiencing anaphylaxis. Provides that a person may administer auto-injectable epinephrine to an individual who is experiencing anaphylaxis if certain conditions are met. Specifies that a person is not practicing medicine without a license when administering auto-injectable epinephrine if the following conditions are met: (1) The person obtained auto-injectable epinephrine from a pharmacist by standing order. (2) The person administered the auto-injectable epinephrine to an individual experiencing anaphylaxis in a manner that was consistent with the instruction provided: (A) during a specified course of instruction; or (B) by the pharmacist at the time the auto-injectable epinephrine was dispensed to the person. (3) The person attempts to summon emergency medical services either immediately before or immediately after administering the auto-injectable epinephrine. Requires the state department of health (state department) to issue a statewide standing order authorizing the dispensing of auto-injectable epinephrine. Authorizes the state health commissioner and certain designated public health authorities to issue a statewide standing order authorizing the dispensing of auto-injectable epinephrine. Extends certain immunities to the state department, the state health commissioner, and certain designated public health authorities. Requires the state department to create a course of instruction concerning allergies, anaphylaxis, and the administration of auto-injectable epinephrine. Allows third parties to teach the state department's course of instruction concerning allergies, anaphylaxis, and the administration of auto-injectable epinephrine. Requires the state department to certify any third party responsible for teaching the state department's course of instruction. Allows the state department to revoke the certification of any third party that fails to comply with specified curriculum requirements. Requires a person to receive a certificate of completion upon completing a course of instruction that is certified by the state department. Requires the state department to maintain a list of certified courses on the state department's Internet web site. Permits the state department to contract with a third party for the purpose of creating or manufacturing the certificate of completion. Requires a certificate of completion to display certain information. Requires a person to have successfully completed the state department's course of instruction concerning allergies, anaphylaxis, and the administration of auto-injectable epinephrine in order to be immune from civil liability for any act or omission related to the administration of auto-injectable epinephrine. Specifies certain exemptions. Amends certain definitions.
HEALTH CARE ADVANCE DIRECTIVE. (KIRCHHOFER C) Allows an individual to make a health care advance directive that gives instructions or expresses preferences or desires concerning any aspect of the individual's health care or health information and to designate a health care representative to make health care decisions and receive health information for the individual. Consolidates definitions of "life prolonging procedures". Requires the state department of health to prepare a sample advance directive. Provides that the appointment of a representative or attorney in fact to consent to health care that was legally executed before January 1, 2023, is valid as executed. Adds cross-references. Makes conforming changes. Makes technical changes.
HEALTH CARE COSTS. (MORRIS R) Requires a hospital or ambulatory outpatient surgical center to provide each patient, patient's guardian, or patient's health care representative with a good faith estimate (estimate) of all charges and fees associated with certain medical procedures and services. Requires an estimate to be provided to a patient upon: (1) the patient's discharge from the hospital or ambulatory outpatient surgical center; or (2) the conclusion of a medical examination or procedure. Specifies that an estimate is not a legally binding contract or estimate concerning the: (1) allowable; (2) total; or (3) final; cost for a medical examination, procedure, or other service. Requires a revised estimate to be provided not later than 30 days after the date specified on an original estimate. Prohibits a hospital or ambulatory outpatient surgical center from charging a fee for the service of providing an estimate to a patient. Provides that a contract or contract provision may not prohibit a hospital or ambulatory outpatient surgical center from providing an estimate to a patient when required. Defines certain terms.
PFAS IN PUBLIC WATER SYSTEMS. (DVORAK R) Requires the state department of health (state department) to establish state maximum contaminant levels for PFAS in water provided by public water systems. Provides that maximum contaminant levels established by the state department: (1) must be protective of public health, including the health of vulnerable subpopulations; and (2) may not be less stringent than any maximum contaminant level or health advisory promulgated by the United States Environmental Protection Agency.
TOBACCO AND VAPING. (VERMILION A) For purposes of IC 7.1 and the provisions of IC 35 concerning sales and distribution of tobacco delivery systems to minors, defines "tobacco delivery systems" as any of the following: (1) A product containing tobacco or nicotine, including a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, or snus. (2) An electronic smoking device that may or may not contain nicotine, including an electronic cigarette, cigar, pipe, hookah, vape pen, and cartridge. (3) E-liquid that may or may not contain nicotine. Requires a person to be at least 21 years of age to purchase a tobacco delivery system or to hold a tobacco sales certificate (certificate) to sell a tobacco delivery system. Makes a certificate expire annually (instead of every three years). Prohibits the issuance of a certificate within three years of the revocation of a previous certificate for that location. Increases the civil penalties for a retailer that sells a tobacco delivery system to a person under 21 years of age and provides the following: (1) Requires suspension of the certificate for a retail establishment that has two or three violations within three years. (2) Requires revocation of a certificate for a retail establishment for three years that has four violations within three years. Provides that a retailer that has four violations in three years (instead of six violations in 180 days) commits habitual sale of a tobacco delivery system, a Class B infraction. Requires a seller of e-liquid to verify the age of a purchaser who appears to be less than 30 years of age (instead of 27 years of age) by checking a government issued identification. Provides that the primary activity of a "tobacco business" is the sale of tobacco delivery systems. Prohibits a tobacco business from locating within 1,000 feet (instead of 200 feet) of a school after June 30, 2020, unless the tobacco business was in operation before: (1) July 1, 2020; or (2) the school located near the tobacco business. Requires a person to be 21 years of age (instead of 18 years of age) to enter certain businesses where smoking is permitted. Requires a vending machine that sells a tobacco delivery system to be located in an area where only persons who are at least 21 years of age are permitted. Provides that a person who is a nonmanagement level employee of a retailer who sells a tobacco delivery system to a person less than 21 years of age may be allowed to complete an education program for retailers in lieu of paying a civil penalty. Provides that a person who: (1) is not a retailer or employee; (2) is at least 21 years of age; and (3) purchases a tobacco delivery system for a person who is less than 21 years of age; may be assessed a civil penalty of not more than $50. Provides that a person who knowingly or intentionally sells an e-liquid or an electronic cigarette that contains: (1) a concentration of nicotine that is more than 20 milligrams per milliliter; or (2) vitamin E acetate; commits a Class C misdemeanor. Repeals a statute that makes it a Class C infraction for a person under 18 years of age to purchase or possess a tobacco product for personal use.
EMINENT DOMAIN. (MILLER D) Permits a person to require an entity with eminent domain powers to use its eminent domain powers to acquire property not owned by the person if the property is needed for a public use that is required to carry out an approved development plan, planned unit development, or other zoning change. Requires the requesting person to pay the direct costs and expenses incurred in the exercise of eminent domain.
CONSTRUCTION WORKER INFECTION CONTROL PROGRAM. (MACER K) Requires a construction worker to complete an infection control training program (program) every two years before working onsite on the erection, installation, alteration, repair, or remodeling for a hospital or ambulatory outpatient surgical center construction project. Establishes requirements for the program. Requires that the state department of health or an approved organization that conducts a program to provide each construction worker who successfully completes the program a certificate of completion.
ASSISTED REPRODUCTION AND GESTATIONAL SURROGACY. (EBERHART S) Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Increases the maximum amount an ovum donor may be compensated for the donor's recovery time from $4,000 to $6,000. Requires legal counsel to have significant experience in assisted reproduction matters in certain instances. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that the marriage of a gestational surrogate after the execution of a gestational surrogacy agreement does not affect the validity of the gestational surrogacy agreement. Provides that consent from a gestational surrogate's spouse is not required in order for the terms of the gestational surrogacy agreement to be completed or performed. Provides that a person who becomes the spouse of a gestational surrogate after the execution of a gestational surrogacy agreement is not a presumed parent of the resulting child. Provides that if a gestational surrogate initiates divorce proceedings or becomes divorced before the intended parent can establish parentage, the spouse of the gestational surrogate shall not be the presumed parent of a resulting child and shall not be required to sign, or otherwise authenticate, any establishment of parentage documentation required by a court. Provides that certain conditions must be met prior to the issuance of a prebirth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Allows the retrieval of gametes from a person who is: (1) deceased; (2) brain dead; (3) comatose; or (4) in a persistent vegetative state; in certain instances. Specifies that: (1) maternity; and (2) paternity; must be established not later than four years after the death of a parent in instances involving children born through use of assisted reproduction. Specifies factors for a court to consider when deciding upon the disposition of cryopreserved preembryos: (1) during a divorce or separation; and (2) in the absence of an agreement concerning the ultimate disposition of cryopreserved preembryos. Defines certain terms. Makes conforming amendments.
LICENSURE OF ART THERAPISTS. (WRIGHT M) Provides that art therapy services provided to an individual who receives mental health services or to an individual who receives services from a community mental health center are reimbursable under Medicaid. Provides for the licensure of professional art therapists and art therapist associates by the behavioral health and human services licensing board through the professional licensing agency. Establishes qualifications and requirements for a licensed art therapist and licensed art therapist associate.
HEALTH CARE PROVIDER BILLING. (CHARBONNEAU E) Prohibits billing a patient who receives services: (1) from an out of network provider; and (2) at specified facilities that are in network; for amounts that exceed the cost paid by the patient's insurance plus any deductibles, copays, and coinsurance amounts. Requires certain health care providers to provide, at least five days before a health care service or procedure is provided, a good faith estimate to the patient for the cost of care.
911 DISPATCHERS. (BOHACEK M) Provides that an emergency medical dispatcher who has successfully completed certain training shall be considered an emergency responder.
FRAUD CONSOLIDATION. (YOUNG M) Repeals and consolidates various fraud, deception, and mischief offenses. Defines "financial institution" for purposes of crimes involving financial institutions. Defines "item of sentimental value" and enhances the penalties for mischief, theft, and fraud if the offense involves an item of sentimental value. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
EMS PERSONNEL LICENSURE INTERSTATE COMPACT. (CHARBONNEAU E) Implements the emergency medical services personnel licensure interstate compact.
GENDER ON DRIVER'S LICENSES. (TOMES J) Defines "gender" for purposes of the motor vehicle law. Defines "nonbinary designation" for purposes of the motor vehicle law. Defines "sex" for purposes of certificates of birth. Sets forth requirements to change the gender that appears on: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card. Prohibits: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; from displaying a nonbinary designation. Specifies that certain credentials with a nonbinary designation are valid until their date of expiration. Requires a person to specify a gender when renewing a credential that previously displayed a nonbinary designation. Specifies that the presence of a nonbinary designation on a credential used to obtain: (1) a driver's license; (2) a driver's permit; (3) an identification card; or (4) a photo exempt identification card; does not abrogate certain prohibitions concerning the display of nonbinary designations.
INDIANA CODE PUBLICATION BILL. (YOUNG M) Addresses nonsubstantive problems not suitable for inclusion in the annual Technical Corrections bill, including resolution of the conflicts between versions of sections that were both amended and repealed during the 2019 legislative session. (The introduced version of this bill was prepared by the code revision commission.)
ADRENOLEUKODYSTROPHY (ALD) SCREENING. (TOMES J) Requires every infant to be screened for ALD at the earliest feasible time.
CERTIFIED REGISTERED NURSE ANESTHETISTS. (BECKER V) Requires a certified registered nurse anesthetist to administer anesthesia under the direction of a physician or podiatrist during certain surgical procedures. Provides that: (1) the National Board of Certification and Recertification for Nurse Anesthetists; or (2) another certifying entity approved by the Indiana state board of nursing; may act as a certifying or recertifying entity for certified registered nurse anesthetists.
MARIJUANA AND THC. (TALLIAN K) Removes provisions making the operation of a vehicle or motorboat with a metabolite of THC in the person's body (without proof of intoxication) an offense. Reduces the penalty for possession of marijuana, hashish, hash oil, and salvia to: (1) a Class C infraction for a first offense; (2) a Class C misdemeanor for a second or subsequent offense; and (3) a Class A misdemeanor for a second or subsequent offense if the person possesses more than a specified amount. Reduces the penalty for possession of marijuana, hashish, hash oil, or salvia packaged in a container labeled as containing low THC hemp extract to a Class C misdemeanor. Provides that a person's probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana. Makes conforming amendments.
VEHICLE BILL. (LANANE T) None
SEXUAL ASSAULT VICTIMS' RIGHTS. (DORIOT B) Provides rights to sexual assault victims, including the right to: (1) have a sexual assault counselor present before or during a forensic medical exam or an interview with a law enforcement officer or a defense attorney; (2) the collection of sexual assault forensic evidence; (3) the analysis of the sexual assault forensic evidence; and (4) notice.
ZONING AND MANUFACTURED HOMES. (DORIOT B) Adds a definition of "industrialized residential structure" for purposes of the law governing mobile home communities. Provides that, subject to certain conditions: (1) an industrialized residential structure may be located in a mobile home community; and (2) units of local government may not adopt or enforce a comprehensive plan or zoning ordinance that prohibits the plans and specifications for a proposed residential structure solely because the proposed residential structure is a manufactured home. Provides that units of local government may not adopt or enforce certain ordinances, regulations, requirements, or other restrictions related to construction, building, or design that mandate width standards, roof pitch requirements, or other design standards for a manufactured home. Makes conforming changes.
HEALTH INSURANCE. (BRAY R) Requires a policy of accident and sickness insurance, a health maintenance organization contract, or any other health plan that is compliant with federal law to only offer health plans that do not require a covered individual to: (1) pay a deductible; or (2) pay more than the amount of the copayment or coinsurance specified in the plan's summary of benefits and coverage; with respect to a prescription drug. Requires a policy of accident and sickness insurance and a health maintenance organization contract to include any amounts paid by a covered individual or on behalf of a covered individual when calculating the covered individual's cost sharing requirement. Provides that the cost sharing requirement for a prescription drug under a policy of accident and sickness insurance or a health maintenance organization contract will be calculated at the point of sale and based on a price that is reduced by an amount equal to at least 85% of all rebates received by the insurer in connection with the dispensing or administration of the prescription drug.
VEHICLE BILL. (BRAY R) None
VEHICLE BILL. (BRAY R) None
SYRINGE EXCHANGE PROGRAM. (MERRITT J) Requires a qualified entity to establish and maintain a syringe exchange program registry. Provides a defense to prosecution of certain offenses related to controlled substances if: (1) a person is currently registered under a syringe exchange program; (2) the person obtained the hypodermic syringe or needle under a syringe exchange program; and (3) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle. Removes the requirement that a public health emergency be declared as a prerequisite for the approval of a syringe exchange program. Repeals the expiration date of the syringe exchange program. (Under current law, the expiration date is July 1, 2021.)
TESTING OF SCHOOL DRINKING WATER FOR LEAD. (RANDOLPH L) Requires testing of the drinking water in every school building in Lake County at least once in each period of two calendar years to determine whether the drinking water exceeds the lead action level for drinking water established by regulations of the United States Environmental Protection Agency.
INSPECTION OF PETROLEUM PRODUCTS. (BUCK J) Revises certain specifications used in the testing of gasoline and gasohol.
INSULIN DRUGS. (CHARBONNEAU E) Repeals a provision that requires an individual to possess a prescription to purchase an insulin drug. Requires insurers that issue a policy of accident and sickness insurance, a health maintenance organization contract, an employee welfare benefit plan, or any other health plan that is compliant with federal law to only offer health plans that do not require a covered individual to: (1) pay a deductible; or (2) pay more than the amount of the copayment or coinsurance specified in the plan's summary of benefits and coverage; with respect to a prescription insulin drug.
ADMINISTRATION OF 211 SERVICES. (BOHACEK M) Transfers responsibility for the 211 human services information dialing code from the Indiana housing and community development authority (authority) to the office of the secretary of family and social services. Eliminates provisions: (1) regarding recognized 211 service providers; (2) prohibiting state agencies or departments from establishing telephone lines or hotlines to provide human services information or referrals without first consulting a recognized 211 provider and notifying the authority; (3) prohibiting dissemination of information to the public about the availability of 211 services except in conformity with rules adopted by the authority; (4) limiting disbursements from the 211 services account to $50,000 annually; (5) requiring consultation with the board of directors of Indiana 211 Partnership, Inc., for purposes of preparation of the annual plan for expenditure of funds from the 211 services account; and (6) requiring an annual report to the general assembly regarding 211 services and deposits to and disbursements from the 211 services account. Creates the 211 services fund in place of the 211 services account. Creates the 211 advisory committee for purposes of advising the office of the secretary of family and social services regarding use of and goals for 211 services. Makes conforming amendments.
LEAD TESTING OF MEDICAID COVERED CHILDREN. (BREAUX J) Requires the state department of health to: (1) take all necessary steps to increase by 100% the number of Medicaid children recipients who are screened for lead poisoning; (2) prepare and publish on the state department's Internet web site a report of the results of the lead poison screening; and (3) share the results of the testing with certain entities.
LEAD POISONING PREVENTION. (BREAUX J) Defines "elevated blood lead level" for purposes of the health law and the education law as a blood lead level of at least five micrograms of lead per deciliter of whole blood. Defines "lead poisoning" for purposes of the health law. Provides that the governing body of a school corporation shall require all students who initially enroll in a school of the school corporation to be tested for an elevated blood lead level. Provides that a student may not be allowed to initially enroll unless the student has been tested and documentation of the test, including the test result, is provided to the school corporation. Requires the state department of health to adopt rules establishing requirements for the testing of individuals for an elevated blood lead level, and to amend those rules when necessary to ensure that the rules appropriately reflect and are consistent with the ongoing guidance of the federal Centers for Disease Control and Prevention. Provides that a physician, registered nurse, or health care facility, agency, or program that receives a test result indicating that a child has an elevated blood lead level shall: (1) notify the child's parent or guardian in writing of the test result; (2) provide the parent or guardian with a plain language explanation of the significance of lead poisoning; and (3) take appropriate measures to ensure that any other child under six years of age living in the same household is tested for an elevated blood lead level. Defines "dwelling unit lead hazard" for purposes of the property law as: (1) the presence of lead-based paint on a wall of a dwelling unit; (2) the presence of lead-contaminated soil outside a dwelling unit; or (3) the presence of lead in the drinking water system of a dwelling unit. Prohibits renting a dwelling unit to a tenant family that includes a child not more than six years of age if the dwelling unit is subject to a dwelling unit lead hazard. Provides that a landlord who knowingly or intentionally: (1) violates the prohibition; (2) represents to a tenant family that the tenant family may waive the prohibition; (3) misrepresents the age of a member of a tenant family to conceal a violation of the prohibition; or (4) induces a member of a tenant family to misrepresent the age of another member of the tenant family to conceal a violation of the prohibition; commits a Class C misdemeanor.
PATIENT HEALTH INFORMATION. (GROOMS R) Defines the term "diagnostic imaging service" (service). Requires the person or entity responsible for the performance of a service to provide a patient or the patient's designee with a notification containing information related to the status of the service. Specifies certain exceptions. Requires a notification to contain the following information: (1) The name of the health care provider responsible for ordering the service. (2) The date of the service. (3) The date the complete results for a service were sent to the health care provider responsible for requesting the service. Specifies how a notification may be sent. Requires a notification to be sent to a patient or the patient's designee not later than 20 days after the complete results of a service are sent to the physician responsible for requesting the service. Specifies that the obligation to send a service notification exists in addition to any other notice requirement required by state or federal law. Requires the state department of health (department) to: (1) enforce compliance with the notification requirement as part of the department's licensure responsibilities; (2) establish a complaint procedure for noncompliance; and (3) make the complaint procedure visible on the department's publicly accessible Internet web site. Provides the department with rulemaking authority for the purpose of investigating and enforcing notification obligations.
DIRECT SUPPORT PROFESSIONAL REGISTRY. (RUCKELSHAUS J) Requires the state department of health (department) to establish a direct support professional registry (registry). Requires an authorized service provider that hires a direct support professional to submit certain information regarding the direct support professional to the department for inclusion in the registry, and requires the authorized service provider to submit updated information to the department when the direct support professional separates from employment with the authorized service provider. Requires the department to adopt rules to implement the registry, including rules to limit access to the registry to only authorized service providers. Provides that the registry must be operational not later than January 1, 2021.
FETAL REMAINS. (BROWN L) Provides that the state department of health must include on a form that the pregnant woman may, after a chemical abortion, place the aborted fetus in a sealed container and return the aborted fetus to the health care provider or abortion clinic for disposition by interment or cremation. Allows for aborted fetuses to only be disposed of by cremation or burial. Allows, in the case of a chemical abortion, the pregnant woman to return an aborted fetus to the health care facility or abortion clinic for disposal. Requires the health care facility or abortion clinic to dispose of the returned fetus by cremation or interment. Requires that a burial transit permit that includes multiple aborted fetal remains be accompanied by a log prescribed by the state department containing certain information about each fetus included under the burial transit permit.
MICRO MARKET AND VENDING MACHINE FEES. (GLICK S) Provides that the annual permit fee for a micro market shall not exceed $60. Provides that the annual permit fee for a vending machine shall not exceed $8. Specifies that a political subdivision may not charge an installation fee for a micro market or vending machine. Provides that any provision of an ordinance, measure, enactment, rule, or policy or exercise of proprietary authority by a political subdivision or an employee or agent of a political subdivision acting in an official capacity that modifies or conflicts with the statutory requirements concerning: (1) annual micro market permit fees; (2) annual vending machine permit fees; or (3) micro market or vending machine installation fees; is void. Specifies that the annual renewal date for micro market and vending machine permit fees is June 1. Allows the person or entity responsible for the annual collection of micro market and vending machine permit fees to adjust or pro rate, as applicable, a micro market or vending machine permit fee for the purpose of synchronizing micro market and vending machine renewal cycles. Makes conforming amendments.
VARIOUS INSURANCE AND HEALTH CARE MATTERS. (SPARTZ V) Requires the state personnel department to: (1) evaluate whether to offer state employees a health reimbursement arrangement benefit and consider the population of state employees to whom the benefit should be offered; and (2) report to the general assembly on the department's findings by November 1, 2020. Requires the office of the secretary of family and social services to study the feasibility of: (1) changing Indiana's Medicaid program to a block grant; (2) establishing a consumer-directed Medicaid pilot program; and (3) restructuring Medicaid payments for long term care. Requires hospitals and ambulatory outpatient surgical centers to provide a good faith estimate of all health care costs for an individual at least 48 hours prior to providing the services. Sets forth requirements of the estimate and allows for disciplinary action and reimbursement limitations for violations by certain providers and insurers. Requires a nonprofit hospital that deducts an amount for charity care that exceeds the Medicare reimbursement rate for the services to disclose in its annual report to the state department of health the total amount of deductions in excess of the Medicare reimbursement rate that were taken by the nonprofit hospital in determining net patient revenue and categorized by the type of service for which the deduction was taken. Requires a nonprofit hospital that deducts an amount for charity care that exceeds the Medicare reimbursement rate for the services to disclose in its annual report to the state department of health the total amount of deductions in excess of the Medicare reimbursement rate that were taken by the nonprofit hospital in determining net patient revenue and categorized by the type of service for which the deduction was taken. Establishes limitations on covenants not to compete concerning physicians. Requires specified licensing boards to submit information and recommendations on various licensure matters. Requires registration of pharmacy benefit managers and allows for audits by clients of pharmacy benefit managers. Requires the department of insurance (department) to take certain action on association health plans in compliance with federal law. Sets forth requirements of short term insurance plans and insurers that issue these plans. Requires the department to examine various integration opportunities. Urges the legislative council to assign various topics for study during the 2020 legislative interim. Requires the department to assess the feasibility of allowing the sale of health insurance across state lines and a multistate reciprocity system. Requires specified agencies to report on Medicaid claim auditing and fraud. Requires the department and the secretary of family and social services to develop a framework for long term care insurance policies and sets requirements. Requires the attorney general to make recommendations on enhancing strict antitrust enforcement of anticompetitive practices. Requires the commission on higher education to provide an executive summary on medical training programs. Requires the department of workforce development to provide an executive summary on health worker supply needs. Requires the medical licensing board of Indiana to provide an executive summary concerning the creation and implementation of expedited licensure pathways. Requires the trustee of the net level Indiana trust fund to report on trust assets in health care related infrastructure. Requires the Indiana economic development corporation to provide a report concerning incentive programs related to health care infrastructure. Requires the department and the office of the secretary of family and social services to assess the feasibility of applying for federal 1332 waivers concerning the insurance market.
HOSPITAL CONSTRUCTION PROJECT DISCLOSURE. (RUCKELSHAUS J) Establishes information that a hospital must submit to the state department of health (department) and the local plan commission before applying for zoning or a building permit for a construction project that will cost at least $50,000,000. Requires the department to post the information on the department's Internet web site.
PROPERTY MATTERS. (BOHACEK M) Requires a local health officer to have information establishing probable cause of a public health law or rule violation before a court may issue certain orders concerning the property. (Current law requires reliable information.) Requires a health officer's order of abatement to include the name of the person making the complaint and requires the health officer to report to the county prosecutor certain information concerning a person who provided false information. Requires the health and hospital corporation of Marion County to post notice of an ordinance pending final action on the county's Internet web site. Requires a health officer to provide information concerning a person who made a false report concerning a communicable disease to the person against whom a false report was made. States that a dwelling is unfit for human habitation when the dwelling places a person's health or life in danger. (Current law states that the dwelling is dangerous or detrimental to life or health.) Requires a health officer to provide notice concerning an unfit dwelling and provide a reasonable amount of time to comply with the notice, and removes language providing that each day the dwelling remains unfit is a separate offense. Specifies language to be included in a notice to quit concerning personal property left on the property after eviction. Repeals the chapter requiring a landlord to transfer a tenant's abandoned personal property to a warehouseman or storage facility, and adds language providing that a landlord is not responsible for a tenant's personal property once it is abandoned. Specifies that a landlord is not responsible for a health code violation by a tenant. Reduces the fines for certain ordinance violations from: (1) $2,500 to $250; and (2) $7,500 to $750.
MAXIMUM CONTAMINANT LEVELS FOR POLLUTANTS IN WATER. (MELTON E) Requires the state department of health (state department) to establish state maximum contaminant levels for likely or known carcinogens and toxic chemicals likely to pose a substantial health hazard. Requires the state department to establish maximum contaminant levels for PFAS, chromium-6, and 1,4-dioxane in water provided by public water systems. Requires the state department to consider establishing maximum contaminant levels in water provided by public water systems for another pollutant when two or more other states have set limits or issued guidance concerning that pollutant. Provides that maximum contaminant levels established by the state department: (1) must be protective of public health, including the health of vulnerable subpopulations; and (2) may not be less stringent than any maximum contaminant level or health advisory promulgated by the United States Environmental Protection Agency.
TREATMENT OF LYME DISEASE. (LANANE T) Requires that, if an individual is diagnosed with Lyme disease or a related tick borne disease, state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts must provide coverage for Lyme disease or a related tick borne disease testing and treatment that is prescribed by a health care provider. Provides that a health care provider may not be subject to discipline solely because the health care provider prescribed, administered, or dispensed a long term antibiotic treatment for the treatment of Lyme disease or a tick borne disease. Requires a health care provider or health care provider's designee who orders a laboratory test for the presence of Lyme disease to provide the patient or the patient's legal representative with certain written information concerning Lyme disease.
LICENSURE OF ART THERAPISTS. (GROOMS R) Provides that art therapy services provided to an individual who receives mental health services or to an individual who receives services from a community mental health center are reimbursable under Medicaid. Provides for the licensure of professional art therapists and art therapist associates by the behavioral health and human services licensing board through the professional licensing agency. Establishes qualifications and requirements for a licensed art therapist and licensed art therapist associate.
DISSOLUTION OF TOWNSHIP GOVERNMENT. (BASSLER E) Requires in 2020 and every eight years thereafter that a public question be placed on the ballot in each county (except in a county having a consolidated city and a county in which township government has been dissolved), asking the voters of the county whether township government in the county should be dissolved. Provides that if the voters of the county vote in favor of dissolution of township government, township government in the county is dissolved on January 1 of the second odd-numbered year after the public question is approved by the voters. Provides that on the dissolution date, the county executive (or the county executive's designee) assumes the powers and duties of the township trustees in the county and the county fiscal body assumes the duties of the township boards. Provides that elected township officials serve out their terms of office and are required to assist in the transfer of the powers and duties of township government to county government. Renames "township assistance" as "local assistance". Provides for the disposition of township property, funds, and liabilities. Repeals a statute permitting the staggering of the terms of township board members. Repeals obsolete statutes. Makes conforming changes.
PROHIBITION AGAINST EUTHANASIA. (BECKER V) Prohibits: (1) mercy killing; (2) lethal injection; and (3) passive withholding or withdrawal of a life prolonging procedure; by a health care provider in certain instances. Prohibits a person from delegating certain prohibited acts to a third party for the purpose of circumventing a prohibition against the act. Prohibits the lowering of a patient's standard of care by a health care provider in certain instances. Provides that a person who knowingly or intentionally exerts undue influence on a patient in order to convince the patient to end the patient's life commits a Level 1 felony. Makes conforming amendments and a technical correction.
NONPROFIT HOSPITAL LOCAL INVESTMENT REQUIREMENT. (HOLDMAN T) Requires a nonprofit hospital in Indiana to invest 30% of the hospital's unrestricted, board designated investment assets (unrestricted assets) in local investments in the service area of the hospital. Requires a hospital to report the amount of unrestricted assets that are reserved for local investments and the amount of actual investments in local investments as a separate line item on the hospital's annual audited financial statement to the state department of heath. Requires a hospital to submit with its biennial report to the Indiana secretary of state a copy of the hospital's audited financial statements for the preceding two fiscal years (this requirement initially begins after the hospital has completed two full fiscal years following the date on which the local investment requirement is effective on July 1, 2020). Provides that, if a nonprofit hospital fails to submit a copy of its audited financial statements with its biennial report to the secretary of state, or if the audited financial statements submitted indicate that the hospital failed to meet the local investment requirement during one or both of the fiscal years, the following apply: (1) The nonprofit hospital shall be considered as operating as a for-profit entity for purposes of state income taxes. (2) The nonprofit hospital shall be ineligible for a state sales and use tax exemption for purchases made by the hospital. (3) The nonprofit hospital shall be ineligible for certain property tax exemptions that would otherwise apply. Makes conforming changes.