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Bill Watch, Feb. 12, 2019: Current Health Care Law Legislation of Note - Health Care and Life Sciences News

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Health Care and Life Sciences News


Posted on: Feb 12, 2019

The IndyBar Legislative Committee is currently monitoring the following health care law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1007    PERINATAL CARE. (KIRCHHOFER C) Requires the state department of health (department) to establish a perinatal navigator program. Requires a health care provider to: (1) use a validated and evidence based verbal screening tool to assess a substance use disorder in pregnancy for all pregnant women who are seen by the health care provider; and (2) if the health care provider identifies a pregnant woman who has a substance use disorder and is not currently receiving treatment, provide treatment or refer the patient to treatment. Requires the department to establish guidelines for health care providers treating substance use disorder in pregnancy. Adds the department of child services to the list of agencies to which a health care provider may not release the results of certain tests given to a pregnant woman.

HB1117    MEDICAID NURSING FACILITY SERVICES. (KARICKHOFF M) Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through December 31, 2021. Includes Medicaid recipients who participate in certain waivers or reside in an intermediate care facility for individuals with intellectual disabilities setting in the prohibition of being placed into a risk based managed care program or capitated managed care program.

HB1142    INFANT MORTALITY COLLABORATIVE. (SHACKLEFORD R) Establishes the infant mortality reduction collaborative (collaborative) to be staffed by the state department of health. Sets forth duties of the collaborative.

HB1344    NURSE LICENSURE COMPACT. (CLERE E) Specifies requirements for participation by the state in a multistate nurse licensure compact, including provisions concerning: (1) nurse qualifications, practice, and participation; (2) a compact commission; (3) interstate commission and state board of nursing authority and rulemaking; (4) a coordinated licensure information system; (5) oversight and enforcement; and (6) termination or withdrawal from the compact.

HB1357    NONCOMPETE CLAUSES PROHIBITED IN PHYSICIAN CONTRACTS. (MORRIS R) Provides that an employer hospital may not require that an employee physician or a prospective employee physician sign a covenant not to compete against the employer hospital for any period of time after the termination of employment with the employer hospital. Provides that an employer hospital may not enforce any covenant not to compete against the employer hospital that is signed by the employer hospital and a former employee physician who is separated from employment under any circumstances. Provides that an employee physician, a prospective employee physician, or a former employee physician may bring a civil action against an employer hospital that attempts to enforce a covenant not to compete.

HB1369    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 parents 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 pre-birth 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. Defines certain terms. Makes conforming amendments.​

HB1516    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". Allows a minor's parent, legal custodian, or legal guardian to sign an advance directive on behalf of the minor. 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.

HB1535    MEDICAL CANNABIS PILOT PROGRAM. (HATCHER R) Establishes a five-year medical cannabis pilot program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Imposes a medical cannabis cultivation tax.

HB1546    PRIOR AUTHORIZATION AND MEDICAID. (KIRCHHOFER C) Specifies that the prior authorization for health care services statute applies to the risk based managed care Medicaid program.

HB1548    MEDICAID MANAGED CARE MATTERS. (KIRCHHOFER C) Establishes the joint commission on Medicaid oversight with the authority to meet throughout the year. Sets forth responsibilities of the commission. Repeals a statute specifying that Medicaid laws, with respect to managed care organizations, are controlling over insurance laws. Prohibits the office of Medicaid policy and planning or a contractor of the office from denying, delaying, or decreasing the amount of payment for a medically necessary covered service based on a lack of eligibility or coverage if the Medicaid provider meets certain requirements. Requires the secretary of the office of family and social services to adopt rules establishing a dispute resolution procedure for disputes between Medicaid providers and Medicaid contractors.

HB1551    TOBACCO ISSUES. (AYLESWORTH M) Increases the cigarette tax from $0.995 per pack to $1.995 per pack. Raises the age from 18 years of age to 21 years of age for prohibitions and crimes concerning the sale, purchase, and possession of cigarettes and other tobacco products. Makes a corresponding change to the laws concerning electronic cigarettes, tobacco retailer permits, and admission to establishments where smoking is permitted. Repeals employment protections for individuals who smoke cigarettes or use other tobacco products.

HB1557    TOBACCO OFFENSES. (SMITH V) Raises the penalty from a Class C infraction to a Class B infraction if a person sells cigarettes other than in an unopened package. Raises the penalty from a Class C infraction to a Class B infraction if a person sells or distributes tobacco or an electronic cigarette to a person less than 18 years of age. Requires the alcohol and tobacco commission to revoke a tobacco sales certificate if a certificate holder has three violations of certain tobacco offenses.

HB1565    CIGARETTE TAXES. (KIRCHHOFER C) Increases the cigarette tax by $2 to $2.995 per pack of regular size cigarettes and a corresponding increase for larger cigarettes. Appropriates for each year of the 2019-2021 biennium $35,000,000 from the tobacco master settlement agreement fund to the tobacco use prevention and cessation trust fund for the state department of health to implement the long range state plan for the prevention and reduction of the usage of tobacco and tobacco products in Indiana.

HB1595    SYRINGE EXCHANGE PROGRAM. (FLEMING R) Requires the state health commissioner to appoint a panel to hold a public hearing to determine whether to operate a syringe exchange program in a county if the Indiana state department of health determines from available data that the county has experienced at least a 20% increase in opioid overdose emergency room visits or in hepatitis C cases.

HB1599    STUDY COMMITTEE ON PATIENT RESTRAINT. (WRIGHT M) Urges the legislative council to assign to an appropriate interim study committee in the 2019 interim the study of the use of restraints in specified health care settings.

HB1606    E-LIQUIDS TAXES. (KLINKER S) Imposes a tax on e-liquids that contain nicotine at a rate of $0.10 per fluid milliliter of consumable product. Deposits the revenue from the tax in the state general fund and the addiction services fund.

SB11    NEEDLE EXCHANGE PROGRAM PARTICIPATION. (BOHACEK M) 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.

SB40    PHARMACY BENEFIT MANAGERS. (BRAY R) Requires a pharmacy benefit manager that is not licensed as an administrator to be registered with the board of pharmacy. Specifies requirements for registration, renewal, conduct, appeals, and annual reporting by pharmacy benefit managers.

SB108    COVERAGE FOR PHARMACIST CARE. (GROOMS R) Requires an accident and sickness insurer that enters into a preferred provider agreement to: (1) reimburse for health care service provided by a pharmacist within the scope of practice to the same extent and in the same manner as the insurer would reimburse certain other health care providers; and (2) demonstrate an adequate number of pharmacists within a reasonable proximity to insureds. Requires a preferred provider agreement to provide for the reimbursement.

SB111    SUBSTANCE ABUSE PREVENTION GRANT PROGRAMS. (KOCH E) Requires the division of mental health and addiction to establish and administer the: (1) community and faith based substance abuse programs grant; and (2) community and faith based substance abuse transportation assistance grant program. Sets forth requirements and establishes accounts for the grants. Appropriates $100,000 annually to the community and faith based substance abuse programs grant. Appropriates $50,000 annually to the community and faith based substance abuse transportation assistance grant program.

SB112    ANATOMICAL GIFTS AND INDIVIDUALS WITH DISABILITIES. (KOCH E) Prohibits certain health care entities from discriminating against potential transplant recipients solely on the basis of disability, and authorizes an individual to seek injunctive relief against an entity believed to be in violation of the law. Defines "covered entity". Defines "qualified recipient". Prohibits a state employee health plan, insurer, or health maintenance program from denying coverage for anatomical gifts, transplantation, or related treatment and services solely on the basis of disability.

SB113    GUARDIAN REIMBURSEMENT AND MEDICAID ELIGIBILITY. (KOCH E) Specifies that an amount not to exceed $175 a month in court ordered guardianship fees for an individual who is: (1) in an institution; or (2) applying for or participating in the Medicaid aged and disabled waiver; is exempt from Medicaid income eligibility consideration.

SB117    WAIVER TRAINING REIMBURSEMENT PILOT PROGRAM. (MERRITT J) Establishes the physician waiver training reimbursement pilot program to reimburse qualified physicians who undergo certain training, for the purpose of increasing the number of physicians in Indiana allowed under the federal Drug Addiction Treatment Act of 2000 to prescribe certain controlled substances to treat opioid dependency in settings other than an opioid treatment program. Establishes requirements for participation in the pilot program.

SB141    OFFICE BASED OPIOID TREATMENT PROVIDERS. (HOUCHIN E) Specifies requirements that a health care provider that prescribes for a patient in an office based opioid treatment setting must meet in the treatment of the patient. Requires the medical licensing board of Indiana, in consultation with the state department of health and the office of the secretary of family and social services, to adopt rules or protocols concerning office based opioid treatment providers and: (1) treatment agreements; (2) periodic scheduled patient visits; (3) urine toxicology screenings; (4) HIV, hepatitis B, and hepatitis C testing; and (5) the medical record documentation required for the prescribing of buprenorphine over a specified dosage.

SB146    PRESCRIBING OF CONTROLLED SUBSTANCE. (MERRITT J) Requires that a controlled substance prescription be issued electronically after June 30, 2020, and establishes a Class B infraction for a prescriber who fails to comply. Requires a prescriber to obtain three hours of continuing education every two years on the prescribing of opioid medication in order to continue issuing prescriptions for opioid medication, and establishes a Class B infraction for failure to comply. Requires the medical licensing board of Indiana to study and determine, before November 1, 2019, whether a waiver is necessary for the electronic prescription requirement and to report back to the general assembly. Sets forth requirements for the report.

SB162    CHRONIC PAIN MANAGEMENT. (MESSMER M) Requires state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for chronic pain management. Requires a practitioner to prescribe other forms of treatment for certain chronic pain before prescribing an opioid. Requires the office of Medicaid policy and planning to apply for any Medicaid state plan amendment necessary to provide the coverage.

SB166    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.

SB174    FERTILITY FRAUD. (SANDLIN J) Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.

SB201    HEALTH PROVIDER ETHICAL EXEMPTION. (BROWN L) Includes health care providers in the prohibition from being required to perform an abortion or assist or participate in procedures intended to result in an abortion if the health care provider objects to the procedures on ethical, moral, or religious grounds. (Current law applies only to physicians and employees.)

SB202    PHYSICIAN ORDER FOR SCOPE OF TREATMENT. (BROWN L) Requires that a health provider assess an individual's mental health before the individual may execute a physician order for scope of treatment (POST) form. Removes artificially administered nutrition from inclusion in the POST form. Requires that there is space at the top of the POST form to indicate whether an individual has designated a health care representative.

SB203    PHYSICIAN MAINTENANCE OF CERTIFICATION. (BROWN L) Prohibits a hospital from denying hospital staff or admitting privileges to a physician or podiatrist based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Specifies that the medical licensing statute and the podiatrist licensing statute do not require a licensed physician or licensed podiatrist to hold or maintain a board certification in a specialty medical area in order to practice. Prohibits an accident and sickness insurer from: (1) denying a physician or podiatrist the right to enter into a reimbursement agreement with the insurer; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Prohibits a health maintenance organization (HMO) from: (1) preventing a physician or podiatrist from entering into a participating provider contract with the HMO; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification.

SB209    TAX DEDUCTION FOR HEALTH CARE SHARING EXPENSES. (CRANE J) Provides that an individual who is an Indiana resident and a member of a health care sharing ministry is entitled to an adjusted gross income tax deduction for a taxable year equal to the total amount of qualified health care sharing expenses paid by the taxpayer during the taxable year.

SB222    DISCLOSURE OF PUBLIC HEALTH INFORMATION. (KOCH E) Provides that if a person is or was prohibited from working in a food establishment because the person has or had a communicable or infectious disease while working in a food establishment, a local health department or the health and hospital corporation (corporation) shall, upon request, disclose certain information. Specifies that a local health department or a corporation may not disclose the name or any identifying information of the person who has or had a communicable or infectious disease.

SB228    DEPARTMENT OF HEALTH MATTERS. (CHARBONNEAU E) Allows the state health commissioner to issue standing orders (current law allows for statewide standing orders) and sets forth requirements of a standing order. Removes requirement that the state department of health (state department) adopt rules defining a birth problem. Requires the state department to publish a list annually of birth problems required to be reported and allows for the state department to update the list. Adds considerations by the state department in compiling the birth problem list. Allows the state department to release information in the immunization data registry to the Centers for Disease Control and Prevention. Requires the state department to publish a list of reportable communicable diseases and other diseases and conditions that are a danger to health and to publish the list of control measures for the diseases and conditions on the state department's Internet web site. Sets forth considerations in updating the list of communicable diseases and conditions.

SB229    PSYCHOTROPIC MEDICATION IN FOSTER CARE. (GROOMS R) Requires the department of child services (department) to consult with a licensed child and adolescent psychiatric consultant before consenting to a request to administer psychotropic medication to a child under the care and supervision of the department. Requires the department to develop: (1) a report to monitor prescriptions of psychotropic medication for children under the care and supervision of the department; and (2) educational materials regarding psychotropic medication that may be prescribed to children under the care and supervision of the department. Requires residential child care entities licensed by the department to: (1) obtain written instructions and consents before providing psychotropic medication to a child; and (2) maintain a record of information regarding the administration of psychotropic medication to a child.

SB278    STATEWIDE INFANT FATALITY REVIEW COMMITTEE. (LEISING J) Requires the state department of health (state department) to establish a statewide infant fatality review committee (committee) to study infant fatalities in Indiana until June 30, 2024, and sets forth duties and membership of the committee. Specifies confidentiality of records reviewed by the committee. Requires a health care provider or health care facility that has an infant patient die to report the death to the committee and sets forth immunity provisions for the provider or facility. Specifies records to which the committee may have access. Requires the committee to submit a report to the state department before July 1 of each year concerning the committee's reviews and requires the state department to post the report on the state department's Internet web site and make the report available for public inspection. Provides civil and criminal immunity to committee members in discussing confidential matters before the committee.

SB357    CANNABIS REGULATION. (TALLIAN K) Establishes a medical marijuana program (program), and permits caregivers and patients who have received a physician recommendation to possess a certain quantity of marijuana for treatment of certain medical conditions. Establishes a regulatory agency to oversee the program, and creates the regulatory agency advisory committee to review the effectiveness of the program and to consider recommendations from the regulatory agency. Authorizes the regulatory agency to grant research licenses to research facilities with a physical presence in Indiana. Repeals the controlled substance excise tax and the marijuana eradication program. Makes conforming amendments.

SB361    ELECTRIC BICYCLES. (CRIDER M) Defines the term "electric bicycle" as a bicycle equipped with: (1) operable pedals; and (2) an electric motor with a power output not greater than 750 watts. Provides that an electric bicycle is not a motor vehicle. Provides that the operator of an electric bicycle is: (1) subject to all of the duties; and (2) entitled to all of the rights and privileges; of a bicycle operator. Provides that an electric bicycle shall be regulated as a bicycle. Provides certain exceptions. Exempts the operator of an electric bicycle from motor vehicle statutes concerning: (1) driver's licenses; and (2) financial responsibility. Exempts electric bicycles from motor vehicle statutes concerning: (1) certificates of title; (2) registration; and (3) off-road vehicles. Requires manufacturers and distributors of electric bicycles to affix and prominently display a label with the following information on each electric bicycle: (1) The class level of the electric bicycle. (2) The top assisted speed of the electric bicycle. (3) The total power output of the electric bicycle's electric motor. Requires all electric bicycles to comply with certain requirements adopted by the United States Consumer Product Safety Commission. Requires all electric bicycles to be equipped with an electric motor that disengages or ceases to function when the operator: (1) stops pedaling; or (2) applies brakes. Specifies where electric bicycles may be operated. Allows a local authority or state agency with jurisdiction over a trail, bicycle path, or multipurpose path to regulate the use of electric bicycles on a trail, bicycle path, or multipurpose path subject to the local authority's or state agency's jurisdiction. Prohibits a person under 15 years of age from operating certain electric bicycles. Allows a person under 15 years of age to ride as a passenger on certain electric bicycles. Requires a properly fitted and fastened helmet capable of meeting certain safety standards to be worn by certain individuals when operating or riding on certain electric bicycles. Defines certain terms. Makes conforming amendments.

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