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Bill Watch, Feb. 14, 2020: Current Litigation Legislation of Note - Litigation News

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Litigation News


Posted on: Feb 20, 2020

The IndyBar Legislative Committee is currently monitoring the following litigation 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.

HB1022    LEGISLATIVE NOTARIES. (TORR J) Makes stylistic and technical changes to the statute that confers notarial powers on members of the general assembly, the principal clerk of the house of representatives, and the principal secretary of the senate. Provides that the power of a legislative notary expires: (1) on the date the current term of office of the individual expires, if the individual is a member of the general assembly; or (2) on the date the term of the current general assembly expires, if the individual is the principal clerk of the house of representatives or the principal secretary of the senate. (Current law does not state when the power of a legislative notary expires.) Provides that a legislative notary must indicate on a document that the legislative notary signs the date the legislative notary's power expires. (Under current law, a legislative notary who is a member of the general assembly must indicate on the document when the individual was elected to the general assembly. The law does not currently impose such a requirement on the principal clerk of the house of representatives or the principal secretary of the senate.)

HB1176    FIRST STEPS PROGRAM. (CLERE E) Provides that: (1) a health benefits plan; or (2) an employee health plan may not require authorization for services specified in a covered individual's individualized family service plan once the individualized family service plan is signed by a physician. Provides that: (1) a health benefit plan; (2) an employee health plan; and (3) a health insurance plan; may (rather than shall) reimburse the infants and toddlers with disabilities program (First Steps program) for early intervention services at a flat monthly rate established by division of disability and rehabilitative services (division) rather than process individual claims. Adds habilitative services to the services that are required under the definition of "early intervention services" for purposes of the First Steps program. Provides that a member of the interagency coordinating council (council) shall continue to serve until a successor is appointed. Removes the authority of the governor to designate the chairperson of the council or to call a meeting of the council. Requires the council to annually elect a chairperson and vice chairperson. Provides that, except for members of the general assembly, per diem and travel expenses for council members are governed by the policies and procedures established by the Indiana department of administration and approved by the budget agency. Establishes procedures that the division must follow before making a change to the cost participation schedule under the First Steps program. Establishes a method to determine the rate at which: (1) a provider of services under the First Steps program; or (2) the division; is reimbursed for providing early intervention services using Current Procedural Terminology (CPT) code rates. Provides that: (1) a health plan information card issued: (A) to an insured by an insurer for a policy of accident and sickness insurance; or (B) to an enrollee by a health maintenance organization (HMO); must indicate the type of health plan that is providing the health benefits and services under the insurance policy or HMO contract; and (2) these requirements apply only to a health plan information card issued: (A) initially to a new insured or new enrollee; or (B) to an insured or enrollee at the time of the insured's or enrollee's policy or contract renewal; after July 1, 2020. Provides that: (1) the electronic database by which an issuer of a policy of accident and sickness insurance, or an administrator of a self insured plan, allows an insured or a provider to verify the coverage or benefits of an insured must indicate: (A) whether health benefits and services under the policy of accident and sickness insurance are provided by the issuer of the policy or by a third party administrator; and (B) whether the policy of accident and sickness insurance is subject to state or federal regulation; and (2) the electronic database by which by which an HMO, or an administrator of benefits and health care services under an HMO contract, allows an enrollee or a provider to verify the coverage or benefits of an enrollee must indicate: (A) whether benefits and health care services under the HMO contract are provided by the HMO or by a third party administrator; and (B) whether the HMO contract is subject to state or federal regulation. Requires the department of insurance to adopt rules to ensure compliance with certain provisions added by the bill.

HB1278 GRANDPARENT VISITATION. (BAUER B) Amends statutes regarding: (1) standing to seek grandparent visitation; and (2) survival of judicially granted grandparent visitation rights; to specify that standing to seek visitation survives adoption of the grandchild. Provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child's father has not established paternity in relation to the child. (Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.) Removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child. Provides conditions under which standing to seek grandparent visitation survives: (1) establishment of the paternity of the child; and (2) the adoption of the child by certain family members. Provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child's parents has parental rights at the time of the adoption.

SB238    VARIOUS HUMAN SERVICES MATTERS. (BROWN L) Removes obsolete references to Larue D. Carter Memorial Hospital. Amends the definition of "early intervention services" to include additional services and qualified personnel for purposes of the infants and toddlers with disabilities program. Requires child care ministries to have at least one individual who maintains a CPR certification present at all times that a child is in the care of the child care ministry and requires employees and volunteers who are caregivers to maintain current first aid certification.

SB312 PARENTS WITH A DISABILITY. (NIEZGODSKI D) Specifies that it is the policy of the state to recognize the importance of family and children, including the parenting rights of a parent, regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Establishes procedures to be used in proceedings concerning: (1) custody; (2) parenting time; (3) adoption; (4) foster care; and (5) guardianship; when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. Requires the department of child services to implement disability awareness training. Provides for the expungement of information relating to the unlawful removal of a child from the home of a person with a disability. Makes conforming amendments.
 
SB340 PRIVATE PROPERTY PROTECTION MATTERS. (SPARTZ V) Requires the summons accompanying a complaint for condemnation to include language regarding the defendants' right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set later than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Amends the statute regarding the award of attorney's fees to the defendant in a municipal condemnation proceeding. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.

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