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Bill Watch, Feb. 21, 2020: Current Health Care and Life Sciences Legislation of Note - Health Care and Life Sciences News

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Health Care and Life Sciences News


Posted on: Feb 26, 2020

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 mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1004    BALANCE BILLING FOR MEDICAL CARE. (SMALTZ B) Provides that a facility that is an in network provider or a practitioner who provides health care services in the in network facility may not charge more for the health care services provided to a covered individual than allowed according to the rate or amount of compensation established by the network plan unless: (1) at least five days before the health care services are scheduled to be provided, the covered individual is provided a statement that: (A) informs the covered individual that the facility or practitioner intends to charge more than allowed under the network plan; and (B) sets forth an estimate of the charge; and (2) the covered individual signs the statement, signifying the covered individual's consent to the charge. Provides that an in network practitioner who provides health care services to a covered individual (regardless of where the health care services are provided) may not charge more for the health care services than allowed according to the rate or amount of compensation established by the network plan unless: (1) at least five days before the health care services are scheduled to be provided, the covered individual is provided a statement that: (A) informs the covered individual that the practitioner intends to charge more than allowed under the network plan; and (B) sets forth an estimate of the charge; and (2) the covered individual signs the statement, signifying the covered individual's consent to the charge.
 
HB1129 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. 
 
HB1182    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. 
 
HB1199    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. 
 
HB1210    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.
 
HB1265    DRINKING WATER TESTING. (JACKSON C) Requires each person or entity having authority over a school building to test the drinking water in the school building before January 1, 2023, to determine whether the drinking water equals or exceeds the action level for lead of 15 parts per billion. Provides that the testing requirement is satisfied if the drinking water of a school building: (1) was tested during the lead sampling program for school buildings conducted by the Indiana finance authority (IFA) in 2017 and 2018; or (2) is tested in the lead sampling program conducted by the IFA in 2019 and 2020. Provides that if a test of the drinking water of a school building indicates the presence of lead in the water equal to or greater than 15 parts per billion, the person or entity having authority over the school building is required to take action to reduce the lead levels in the drinking water to less than 15 parts per billion. Provides that the person or entity having authority over a school building that is subject to drinking water testing is required to seek state and federal money that is available for lead sampling or testing.
 
HB1317    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.
 
SB3    HEALTH CARE PROVIDER BILLING. (CHARBONNEAU E) Prohibits billing a patient who receives emergency 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, copayments, and coinsurance amounts. Requires certain health care providers to provide, upon request from the patient, a good faith estimate to the patient for the cost of care at least five business days before a health care service or procedure is provided. Sets forth requirements of the good faith estimate. Requires the patient to acknowledge in writing receipt of the estimate and indicate whether to proceed with the service or procedure.
 
SB8    911 DISPATCHERS. (BOHACEK M) Provides that an emergency medical dispatcher who has successfully completed certain training shall be considered an emergency responder.
 
SB43    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. Defines "pecuniary loss" for purposes of fraud in connection with insurance. Makes conforming amendments. (The introduced version of this bill was prepared by the interim study committee on corrections and criminal code.)
 
SB61    EMS PERSONNEL LICENSURE INTERSTATE COMPACT. (CHARBONNEAU E) Implements the emergency medical services personnel licensure interstate compact.
 
SB80    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.)
 
SB98    CERTIFIED REGISTERED NURSE ANESTHETISTS. (BECKER V) Requires a physician to be available for timely consultation with a certified registered nurse anesthetist who is administering anesthesia under the direction of the physician during a surgical procedure (current law requires the physician to remain present in the facility). Allows for a certified registered nurse anesthetist to administer anesthesia under the direction of a podiatrist in a hospital or ambulatory outpatient surgical center if a physician is available for a timely consultation. 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.
 
SB146    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.
 
SB148    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.
 
SB214 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.
 
SB255 INSULIN DRUGS. (CHARBONNEAU E) Repeals a provision that requires an individual to possess a prescription to purchase an insulin drug.
 
SB267 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.
 
SB299 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.
 
SB324 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.
 
SB337 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.
 
SB448 NONPROFIT HOSPITAL REPORT. (HOLDMAN T) Requires a nonprofit hospital to annually report the policies, procedures, activities, or any other actions taken by the nonprofit hospital in the preceding calendar year that were intended to make health care more affordable.

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