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 firstname.lastname@example.org.
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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.
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.
HIV, FATALITY REVIEWS, AND SYRINGE EXCHANGE PROGRAMS. (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 the best way to prevent the transmission of HIV as a result of sexual activity. Provides that a physician or the authorized representative of a physician may not order an HIV test unless the physician or the authorized representative of a physician: (1) informs the patient of the test orally or in writing; (2) provides the patient with an explanation of the test orally, in writing, by video, or by a combination of these methods; and (3) informs the patient orally or in writing of the patient's right to ask questions and to refuse the test. Requires the information to be communicated to the patient in a language or manner that the patient understands. 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. 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). Provides that the requirement to dispose of semen that contains the HIV antibody does not apply if the semen is used according to safer conception practices endorsed by the federal Centers for Disease Control and Prevention or other generally accepted medical experts. Revises the definition of "health care provider". Provides that a patient is considered to have consented to: (1) testing for the presence of a dangerous communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the affected health care provider; and (2) the release of testing results to a medical director or an affected physician in the event of an exposure; if the patient is unable to consent to testing or the release of test results due to physical or mental incapacity. Allows a health care provider or a health care provider's employer to petition a court for an order requiring a patient to provide a blood or bodily fluid specimen in certain instances. Allows a health care provider, a health care provider's employer, or the state department of health to request certain test results when a patient is a witness, bystander, or victim of alleged criminal activity in certain instances. Provides that a health care provider may request a notification concerning exposure to certain communicable diseases in certain instances. Allows a health care provider to designate a physician to receive certain test results following a possible exposure to certain communicable diseases. Requires a health care provider to be notified of an exposure to certain communicable diseases not later than 48 hours after certain notifications have been issued. Requires a health care provider to be provided with: (1) medically necessary treatment; and (2) counseling; following an exposure to certain communicable diseases. Requires a suicide and overdose fatality review team (SOFR team) to review certain suicide and overdose fatalities. Allows a SOFR team to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, record keeping, and data entry requirements for SOFR teams. Renumbers the article concerning suicide and overdose fatality teams for purposes of conflict resolution. Requires a syringe exchange program to: (1) provide testing for communicable diseases and provide services or a referral for services if the individual tests positive; and (2) establish a referral process for program participants in need of information or education concerning communicable diseases or health care. Requires the state department of health to include certain information concerning syringe exchange programs in the report to the general assembly before November 1, 2020. Extends the expiration date for certain syringe exchange programs from July 1, 2021, to July 1, 2022. Defines certain terms. Makes conforming amendments and technical corrections.
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.
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.
EMS PERSONNEL LICENSURE INTERSTATE COMPACT. (CHARBONNEAU E) Implements the emergency medical services personnel licensure interstate compact.
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.)
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.
INSULIN DRUGS. (CHARBONNEAU E) Repeals a provision that requires an individual to possess a prescription to purchase an 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.
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.