MENTAL HEALTH AMERICA OF INDIANA 
Legislative Report
Prepared by: Stephen McCaffrey
E-mail: smccaffrey@mhai.net
Report created on April 24, 2024
 
HB1004HEALTH MATTERS. (SMALTZ B) States that the office of the secretary of family and social services and a managed care organization may not prohibit a provider from participating in another insurance network. Defines "weighted average negotiated charge" and requires the weighted average negotiated charge per service per provider type for Medicaid to be reported by hospitals and ambulatory outpatient surgical centers. Requires certain health care providers, beginning July 1, 2021, to provide a good faith estimate to individuals of the price for nonemergency health care services to be provided to the individual by the health care provider and sets forth requirements. Allows an individual to request a good faith estimate from a health care provider for the total price for nonemergency services that have been ordered, scheduled, or referred. and requires the health care provider to provide the good faith estimate. Sets forth requirements for the good faith estimate. Provides that an out of network practitioner who provides health care services to a covered individual in an 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 covered individual's 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. Sets forth notice requirements. Sets forth provisions that a physician noncompete agreement must include in order to be enforceable. Provides for information and notification that an employer must give to a physician who leaves the employment of the provider. Allows an individual to request from a health carrier a good faith estimate of the amount of the cost of nonemergency health care services that the health carrier will pay for or reimburse and the applicable benefit limitations of the nonemergency health care service. Sets forth requirements of a good faith estimate by a health carrier and sets penalties for violations.
 Current Status:   3/30/2020 - Public Law 93
 
HB1006MINIMUM AGE TO MARRY AND EMANCIPATION OF MINORS. (KIRCHHOFER C) Specifies that an "adult" is: (1) a person at least eighteen years of age; or (2) a: (A) married minor who is at least sixteen years of age; or (B) minor that has been completely emancipated by a court; for the purpose of marriage. Raises the minimum age to marry from 15 years of age to 16 years of age. Provides that an individual 16 or 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 16 or 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual at least 16 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Makes conforming amendments.
 Current Status:   3/30/2020 - Public Law 94
 
HB1007FISCAL MATTERS. (BROWN T) Adds several standard provisions to the sports wagering fund. Repeals a provision requiring review by the budget committee of certain agreements or extensions of agreements entered into by the Indiana finance authority or the state. Appropriates money from the state general fund for various projects of Indiana's state educational institutions.
 Current Status:   3/30/2020 - Public Law 1
 
HB1009VARIOUS WELFARE MATTERS. (GOODRICH C) Provides that money earned by a child or a member of the child's family as a student participating in a paid internship, a work based learning course, or a paid postsecondary work experience that allows the individual to apply for a related apprenticeship is: (1) disregarded for purposes of determining eligibility for assistance or the amount of assistance for a child under the federal Temporary Assistance for Needy Families (TANF) program and the Supplemental Nutrition Assistance Program (SNAP); (2) disregarded for certain Medicaid category populations in determining eligibility for Medicaid; and (3) factored by applying a reasonable method to include a prorated portion of reasonably predictable future income in determining Medicaid eligibility for certain Medicaid category populations. Specifies that income earned by an individual employed in a temporary job as a census worker is not counted for purposes of: (1) TANF; (2) SNAP; (3) Medicaid; (4) a school lunch program; and (5) determining eligibility for certain scholarships, grants, or awards. Changes the amount of equity value in a motor vehicle disregarded for purposes of eligibility in the TANF program from $5,000 to $10,000.
 Current Status:   3/30/2020 - Public Law 14
 
HB1047JUSTICE REINVESTMENT ADVISORY COUNCIL. (STEUERWALD G) Specifies the purpose and certain duties of the justice reinvestment advisory council, including the duty to study jail overcrowding, and adds additional members, including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Makes a technical correction.
 Current Status:   3/30/2020 - Public Law 34
 
HB1077PROFESSIONAL LICENSING AGENCY. (ZENT D) Amends various statutes to conform to HEA 1269-2019. Removes the one year limitation on renewing the registration of a pharmacist intern. Provides that the terms for members of the Indiana athletic trainers board are "specified" rather than "made". Removes the requirement that an out-of-state provider's home state extend reciprocity to Indiana licensees when considering the out-of-state provider's application for a license to provide home medical equipment services on the basis of reciprocity. Provides that an out-of-state provider does not need to: (1) have a physical facility; or (2) maintain inventory; in Indiana in order to obtain reciprocity for the purpose of providing home medical equipment services. Reorganizes the home medical equipment services statute by separating the reciprocity requirements from the general license application statute. Updates terminology in the physician assistant statute to refer to collaboration rather than supervision in conformance with HEA 1248-2019. Specifies that a registration concerning the manufacture, distribution, or dispensing of a controlled substance is automatically revoked when: (1) the registration is surrendered for cause; or (2) the Drug Enforcement Administration terminates, denies, or suspends the registration. Makes technical corrections.
 Current Status:   3/30/2020 - Public Law 101
 
HB1092STATE MEDICAID PLAN AMENDMENTS. (ZIEMKE C) Requires, by July 1, 2020, the office of the secretary of family and social services to amend the state Medicaid plan to include certain reimbursements and implementation of supervision by specified providers of patient's plan of treatment for outpatient mental health or substance abuse treatment services. Requires an insurer that issues a policy of accident and sickness insurance or a health maintenance organization contract that provides coverage of services for treatment of a mental illness or substance abuse to annually submit a report and analysis to the department of insurance (department) that includes certain information demonstrating its compliance with federal laws regarding parity in coverage of services for treatment of a mental illness or substance abuse and coverage of services for treatment of other medical or surgical conditions, including the processes used: (1) to develop medical necessity criteria for coverage of services; and (2) to develop and apply nonquantitative treatment limitations. Extends a prohibition concerning risk based managed care programs and capitated managed care programs from June 30, 2020, to June 30, 2021.
 Current Status:   3/30/2020 - Public Law 103
 
HB1094SUBSTANCE USE PREVENTION AND RECOVERY. (ZIEMKE C) Requires the executive director of the Indiana criminal justice institute to work with local coordinating councils and other stakeholders when implementing certain recommendations concerning substance use and substance use disorder. Includes public safety programs in the statutory definition of "criminal justice services and activities". Specifies that local coordinating councils responsible for the combating of drug and substance use are: (1) collaborative; and (2) open to the public. Permits county drug free community funds to supplement local government spending on: (1) drug use recovery programs; (2) drug use intervention programs; and (3) drug use prevention programs. Defines certain terms.
 Current Status:   3/30/2020 - Public Law 40
 
HB1096TECHNICAL CORRECTIONS. (YOUNG J) Resolves technical conflicts and addresses technical errors in the Indiana Code. (The introduced version of this bill was prepared by the code revision commission.)
 Current Status:   3/30/2020 - Public Law 156
 
HB1104HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY. (CLERE E) Repeals the laws governing the microenterprise partnership program fund and microenterprise partnership program. Requires the governing body of an eligible entity to notify the Indiana housing and community development authority of the creation of an affordable housing fund. Replaces the member of the low income housing trust fund advisory committee appointed by and representing the Indianapolis Coalition for Neighborhood Development with one member appointed by and representing the Indiana housing and community development authority.
 Current Status:   3/30/2020 - Public Law 17
 
HB1120COMMUNITY CORRECTIONS AND CREDIT TIME. (STEUERWALD G) Amends guidelines related to educational credit time for a person incarcerated in the department of correction. Provides that, before May 1, 2023, the department of correction shall submit a report to the legislative council concerning the implementation of the individualized case management plan. Permits a prosecuting attorney to file for revocation of a community corrections placement. Provides that credit time earned by a person on pretrial home detention does not include accrued time.
 Current Status:   3/30/2020 - Public Law 106
 
HB1143DEVICE IMPLANTATION AS A CONDITION OF EMPLOYMENT. (MORRISON A) Prohibits an employer from requiring a candidate for employment or an employee to have a device implanted or otherwise incorporated into the candidate's or employee's body as a condition of employment, as a condition of employment in a particular position, or as a condition of receiving additional compensation or benefits.
 Current Status:   3/30/2020 - Public Law 20
 
HB1151SCHOOL RESOURCE OFFICERS. (MAYFIELD P) Adds a school resource officer to the definition of "public safety officer" as it relates to the public employee benefits special death benefit fund (fund). Provides that a school resource officer qualifies for the fund if the school resource officer is not otherwise entitled to a line of duty benefit under the 1925 police pension fund, 1953 police pension fund (Indianapolis), or the 1977 police officers' and firefighters' pension and disability fund.
 Current Status:   3/30/2020 - Public Law 41
 
HB1153GOVERNOR'S WORKFORCE CABINET. (GOODRICH C) Provides that the governor's workforce cabinet (cabinet) shall, on or before December 1, 2020, create a comprehensive strategic plan to ensure alignment of Indiana's primary, secondary, and postsecondary education systems with Indiana's workforce training programs and employer needs. Requires the cabinet to include early childhood education in the cabinet's: (1) systematic and comprehensive review to determine whether Indiana's educational system is aligned with employer needs; and (2) comprehensive strategic plan to ensure alignment of Indiana's educational system with employer needs.
 Current Status:   3/30/2020 - Public Law 109
 
HB1176FIRST 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. 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 the 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 a self funded or fully funded plan. Requires the department of insurance to adopt rules to ensure compliance with certain provisions added by the bill.
 Current Status:   3/30/2020 - Public Law 111
 
HB1182HIV, 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.
 Current Status:   3/30/2020 - Public Law 112
 
HB1207PHARMACY MATTERS. (DAVISSON S) Provides that a state employee plan, a health maintenance organization, an insurer, or a pharmacy benefits manager (health plan provider) may not require a pharmacy or pharmacist to collect a higher copayment for a prescription drug from a covered individual than the health plan provider allows the pharmacy or pharmacist to retain. Allows a pharmacist who meets certain requirements to dispense auto-injectable epinephrine by standing order to a person who: (1) has completed a course on auto-injectable epinephrine; and (2) is an individual in a position to assist an individual who is at risk of experiencing anaphylaxis. Allows a person to administer auto-injectable epinephrine to an individual who is experiencing anaphylaxis if certain conditions are met. 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 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 approve courses concerning the administration of auto-injectable epinephrine. Requires a person to have successfully completed the course to be immune from civil liability. Adds exceptions to the requirement that controlled substance prescriptions be in an electronic format. Provides that the board of pharmacy, in consultation with the medical licensing board, may adopt emergency rules. Adds advanced practice registered nurses and physician assistants to the list of out-of-state providers whose prescriptions a pharmacist has a duty to honor. Allows a prescription for a patient to be transferred electronically or by facsimile by a pharmacy to another pharmacy if the pharmacies do not share a common data base. Allows a licensed pharmacy technician to transfer the prescription. Allows a pharmacist to substitute a therapeutic alternative for epinephrine products for a patient and to prescribe sterile water for injection with a prescription drug. Allows a pharmacy technician to administer an influenza immunization to an individual under a drug order or prescription, subject to rules adopted by the board of pharmacy. Provides that aggregated information compiled from annual reports of pharmacy benefit managers to the insurance commissioner is not confidential except for information that would reveal a specific pharmacy benefit manager's proprietary information. Requires: (1) a state employee health plan; and (2) an insurer-provided health plan that complies with the federal Affordable Care Act; to establish a procedure under which the amount paid by a covered individual for a covered prescription drug purchased outside of the health plan will offset the covered individual's deductible. Requires an insurer, when removing a prescription drug from the insurer's formulary or changing the cost sharing requirements applying to the prescription drug, to give an insured for whom the drug has been prescribed 60 days notice of the insurer's action and provide an appeal process through which the insured may request an extension of coverage for the drug through the end of the insured's plan year.
 Current Status:   3/30/2020 - Public Law 114
 
HB1209REIMBURSEMENT FOR EMERGENCY MEDICAL SERVICES. (KIRCHHOFER C) Requires the state employee health plan, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts that provide coverage for emergency medical services to reimburse for emergency medical services that are: (1) rendered by an emergency medical services provider organization; (2) within the emergency medical services provider organization's scope of practice; (3) performed or provided as advanced life support services; and (4) performed or provided during a response initiated through the 911 system.
 Current Status:   3/30/2020 - Public Law 115
 
HB1210VARIOUS 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. States that a responsible member of a family may release a deceased patient's medical records if the deceased patient does not have a surviving spouse or child or a personal representative of the estate. Allows mental health records to be disclosed without the consent of the patient for research purposes by rules of the Indiana archives and records administration and the oversight committee on public records. Allows health records to be disclosed by the Indiana archives and records administration to another provider or nonprofit research organization (current law is a nonprofit medical research organization) in connection with a scientific, statistical, or education project. 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.
 Current Status:   3/30/2020 - Public Law 45
 
HB1243GENETIC COUNSELORS. (VERMILION A) Amends the definition of "genetic counseling" for purposes of the genetic counselor licensing laws. Requires the genetic counselor master's degree training program to be accredited by the Accreditation Council for Genetic Counselors. (Current law requires accreditation by the American Board of Genetic Counseling.) Updates references to the American Board of Medical Genetics and Genomics. Amends requirements for a temporary license. Requires an applicant to complete the continuing education requirements of certain certifying organizations to renew a license. Provides that a genetic counselor may not be required to perform, participate in, or provide a service that violates any sincerely held ethical, moral, or religious belief held by the genetic counselor, and allows for a civil action for damages or reinstatement of employment for a violation. Repeals the law concerning education hardship waiver provision.
 Current Status:   3/30/2020 - Public Law 118
 
HB1264CHILD CARE BACKGROUND CHECKS. (MAY C) Requires employees and volunteers of a child care facility who may be present on the premises of the child care facility during operating hours to submit to a national criminal history background check. (Under current law, employees and volunteers who have direct contact with children must submit to a national criminal history background check.) Specifies that results of the background check may be used as grounds for denial or revocation of a child care license or registration or eligibility for a child care and development fund voucher payment. Makes technical corrections.
 Current Status:   3/30/2020 - Public Law 121
 
HB1283TEACHER PREPARATION PROGRAM CURRICULUM. (DEVON D) Requires a teacher preparation program to include content within the curriculum that: (1) prepares teacher candidates to use evidenced based trauma informed classroom instruction and recognition of social, emotional, and behavioral reactions to trauma that may interfere with a student's academic functioning; and (2) provides information on certain applicable Indiana laws. Requires a teacher preparation program to consider using certain curricula pertaining to student trauma.
 Current Status:   3/30/2020 - Public Law 124
 
HB1326COMMUNITY MENTAL HEALTH CENTERS. (KIRCHHOFER C) Provides that: (1) licensed clinical social workers; (2) licensed mental health counselors; (3) licensed marriage and family therapists; and (4) licensed clinical addiction counselors; who have at least two years of experience in addiction treatment or hold an addiction credential are eligible supervisors for addiction based intensive outpatient treatments under Medicaid. Defines a community mental health center as a governmental unit for purposes of the required nonfederal share of medical assistance payments under Medicaid. Provides that a provider in an intensive outpatient treatment program is not required to be a licensed addictive counselor or clinical addiction counselor if specified conditions are met. Specifies that a recovery audit does not require documentation at the time of service for services provided in certain instances. Allows a supervising provider in a community mental health center to review documentation concerning: (1) a plan of treatment; or (2) specific treatment methods; not later than 30 days from the date of service. Sets forth requirements to demonstrate active treatment in developing a plan of treatment. Requires the division to provide best practice recommendations and to work with community mental health centers in a collaborative manner. Provides that documentation that is developed as part of an incident or death audit is confidential. Allows the division of mental health and addiction to grant a waiver of staffing requirements for community mental health center applicants. Provides that a licensed prescriber with prescriptive authority shall be counted when determining whether a community mental health center applicant meets certain staffing requirements for community mental health center certification. Requires a licensed clinical addiction counselor to be counted for certain staffing requirements of community mental health centers. Requires the division to develop a comprehensive appeals process under the mental health and addiction forensic treatment program not later than January 1, 2021. Provides advanced practice nurses with all of the supervisory rights and responsibilities of: (1) licensed physicians; and (2) health service provider in psychology (HSPP) psychologists; in certain instances if specified requirements are met.
 Current Status:   3/30/2020 - Public Law 127
 
HB1341STUDENTS WITH DISABILITIES. (PFAFF T) Requires the state advisory council on the education of children with disabilities (council) to develop a plan to inform: (1) certain former students who received a certificate of completion or another nondiploma certificate of recognition; and (2) certain former students who had an individualized education program, plan developed under Section 504 of the federal Rehabilitation Act, service plan, or choice scholarship education plan and who withdrew from school; of certain resources and opportunities. Requires the council to submit, not later than October 1, 2020, a copy of the plan to the general assembly.
 Current Status:   3/30/2020 - Public Law 128
 
HB1346JAIL OVERCROWDING. (FRYE R) Repeals all provisions concerning the county jail overcrowding task force. Adds additional members to the justice reinvestment advisory council ("advisory council"), including members of the Indiana evidence based decision making initiative (which is a partnership between state and local criminal justice stakeholders). Specifies the purpose and certain duties of the advisory council, including: (1) to conduct a state level review and evaluation of jail overcrowding to identify a range of possible solutions; and (2) to develop incarceration alternatives and recidivism reduction programs at the county and community level by promoting the development of the incorporation of evidence based decision making into decisions concerning jail overcrowding. Provides that the advisory council may make a recommendation to the county sheriffs concerning strategies to address jail overcrowding and implementing evidence based practices for reducing recidivism for individuals in county jails. Requires the criminal justice institute to coordinate with state and local criminal justice agencies for the collection and transfer of data from sheriffs concerning jail: (1) populations; and (2) statistics; for the purpose of providing jail data to the management performance hub.
 Current Status:   3/30/2020 - Public Law 48
 
HB1372VARIOUS INSURANCE MATTERS. (CARBAUGH M) Requires a state employee health plan, a policy of accident and sickness insurance, and a health maintenance organization contract to provide coverage for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS), including treatment with intravenous immunoglobulin therapy. Makes changes in the law concerning the permissible investments of life insurance companies and casualty, fire, and marine insurance companies. Provides that an insurance administrator may pay claims via electronic payment. Exempts an individual from the prelicensing course, state license examination, and continuing education requirements for licensed independent adjusters if the individual holds a current claims certification issued by a national or state claims association whose certification program meets certain conditions. Provides that a multiple employer welfare arrangement may be established through an interlocal cooperation agreement. Adopts the insurance data security model law, which requires certain holders of an insurance license, authority, or registration to maintain an information security program and meet other requirements. Establishes an affirmative defense to a tort civil action for a licensee that satisfies the requirements of the insurance data security model law. Adopts a new model law on credit for reinsurance. Provides that a rejection of uninsured motorist coverage or underinsured motorist coverage in an underlying personal policy is also a rejection of uninsured motorist coverage or underinsured motorist coverage in a personal umbrella or excess liability policy. Urges the legislative council to assign to an appropriate interim study committee the task of studying medical payment coverage, including: (1) whether medical payment coverage should be supplemental to the benefits: (A) to which a covered individual is entitled under a health plan; and (B) that are the same as or similar to benefits available to the covered individual under the medical payment coverage; and (2) whether a health plan should be prohibited from requiring the use or exhaustion of medical payment coverage as a condition of payment of benefits under the health plan for health care services rendered to a covered individual.
 Current Status:   3/30/2020 - Public Law 130
 
HB1419GOVERNOR'S WORKFORCE CABINET. (BEHNING R) Makes changes to the membership of the governor's workforce cabinet. Requires the governor's workforce cabinet to work with stakeholders from early learning through the workforce to establish alignment and coordination between the early learning advisory committee, state board of education (state board), commission for higher education, and department of workforce development.
 Current Status:   3/30/2020 - Public Law 132
 
SB1TOBACCO AND VAPING SMOKING AGE. (CHARBONNEAU E) Prohibits a person who is less than 21 years of age from buying or possessing: (1) tobacco; (2) e-liquids; or (3) electronic cigarettes. Makes conforming changes regarding enforcement provisions, sales certificates, prohibition of delivery sales, and notices posted at retail establishments and at vending machines. Provides that a retail establishment that sells an e-liquid to a person less than 21 years of age is subject to a civil judgment for an infraction. Doubles the civil judgment for an infraction for: (1) a retail establishment that sells or distributes tobacco, an e-liquid, or an electronic cigarette to a person less than 21 years of age; and (2) certain retail establishments that allow an underage person to enter their establishment. Modifies the time frame for when retail establishments may receive enhanced penalties for repeat e-liquid and tobacco products violations. Requires a merchant who mails or ships cigarettes as part of a delivery sale to use a shipping service that requires a customer to present identification if they appear to be less than 30 years of age. Provides that a tobacco sales certificate (certificate) may only be issued to a person who has not had an interest in a certificate revoked by the commission for a business location within one year. Makes it a Class C misdemeanor if a tobacco and vaping business operates within 1,000 feet of a public or private elementary or secondary school. Provides that a retail establishment in which tobacco products, electronic cigarettes, and e-liquids account for at least 85% of the retail establishment's gross sales: (1) may not allow a person who is less than 21 years of age to enter the retail establishment; and (2) is not subject to a statute prohibiting sales of tobacco or electronic cigarettes through a self-service display. Makes it a Class B infraction for a person to knowingly sell tobacco, an e-liquid, or an electronic cigarette that contains vitamin E acetate. Makes technical corrections.
 Current Status:   3/18/2020 - Public Law 49
 
SB5HEALTH PROVIDER CONTRACTS. (CHARBONNEAU E) Requires hospitals, ambulatory outpatient surgical centers, and urgent care facilities to post certain information on their Internet web sites about health care services they provide, including the weighted average negotiated charges for the services. Provides that an insurer that issues a group health insurance policy or a health maintenance organization that enters into a group health maintenance organization contract shall disclose to the policyholder or subscriber: (1) the amount of the commission, service fee, or brokerage fee to be paid to an insurance producer for selling, soliciting, or negotiating the policy or contract; and (2) whether the commission or fee is based on a percentage of total plan premiums or a flat per member fee. Requires that this information be disclosed at the outset and upon renewal of the policy or contract. Prohibits the inclusion in a health provider contract of a provision under which a provider (an individual or entity licensed or authorized to provide health care services) would be prohibited from disclosing health care service claims data to an employer providing the coverage. States that the inclusion of such a provision in a health care provider contract is an unfair or deceptive act or practice in the business of insurance. Requires the department of insurance to submit a request for information and a request for proposals concerning the establishment and operation of an all payer claims data base, which will receive and contain information on claims paid by insurers, health maintenance organizations, pharmacy benefit managers, and other payers. Provides that a fully credentialed provider shall be reimbursed by an insurer or health maintenance organization for eligible services provided at an in-network hospital if certain conditions are met.
 Current Status:   3/18/2020 - Public Law 50
 
SB19ELECTRONIC TECHNOLOGY FOR OPHTHALMIC PRESCRIPTIONS. (CHARBONNEAU E) Removes the restriction on the prescribing of ophthalmic devices through telemedicine and sets conditions on when a provider may, through telemedicine, prescribe medical devices. Establishes conditions that must be met before a prescriber may issue a prescription for an ophthalmic device through telemedicine. Prohibits making changes and substitutions to a prescription for contact lenses or prescription eye glasses unless under the direction of the prescriber. States that a prescriber is not liable for any damage or injury to an individual resulting from the packaging, manufacturing, or dispensing of the contact lenses or prescription eye glasses unless the prescriber is also the seller. Prohibits the optometry board from establishing restrictive standards concerning the practice of ocular telemedicine or ocular telehealth.
 Current Status:   3/18/2020 - Public Law 52
 
SB21OUT-OF-STATE PRESCRIPTIONS. (ROGERS L) Provides that a pharmacist has a duty to honor all prescriptions issued by: (1) an advanced practice registered nurse; or (2) a physician assistant; licensed under the laws of another state.
 Current Status:   3/14/2020 - Public Law 28
 
SB25MENTAL HEALTH DISABILITY REVIEW PANELS. (BOOTS P) Establishes mental health disability review panels (review panel) for evaluation of members of the 1977 police officers' and firefighters' pension and disability fund (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: (1) beginning July 1, 2020, for a final determination made after December 31, 2012, and before July 1, 2020; or (2) from the date of the final determination, for a final determination made after June 30, 2020. 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. Provides that the evaluations conducted by the mental health disability review panels are confidential. Provides that the board of trustees of the Indiana public retirement system may suspend a 1977 fund member's disability benefits if the member fails to comply with reasonable requests for information by the mental health disability review panel. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)
 Current Status:   3/18/2020 - Public Law 54
 
SB47EXPUNGEMENT ISSUES. (FREEMAN A) Defines "protection order records" and requires companies that provide background checks to periodically review their records and remove records relating to expunged protection orders (in the same manner as expunged convictions are removed). Permits a person to expunge protection order records in connection with the denial of an ex parte petition for a protection order. Provides that if a court reduces a Class D or Level 6 felony to a misdemeanor, the five-year waiting period for expungement begins on the date of the felony conviction and not on the date the felony was converted to a misdemeanor. Provides that, if a person whose records have been expunged seeks employment with a law enforcement agency or a probation or community corrections department, the law enforcement agency or the probation or community corrections department may: (1) inquire about the person's expunged records; and (2) refuse to employ the person. Specifies the procedure to expunge records of a collateral action entered in a different county than the county which issued the expungement order.
 Current Status:   3/18/2020 - Public Law 55
 
SB109STATUTE OF LIMITATIONS. (CRIDER M) Provides that an otherwise barred offense may be commenced not later than five years from the earlier of the date on which: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense. Permits the alleged victim of certain child sex crimes to apply for victim compensation not later than five years after: (1) the state first discovers DNA evidence sufficient to charge the offender; (2) the state first becomes aware of a recording that provides evidence sufficient to charge the offender; or (3) a person confesses to the offense.
 Current Status:   3/14/2020 - Public Law 31
 
SB139ADULT GUARDIANSHIP SERVICES. (LANANE T) Combines the volunteer advocates for seniors program and the volunteer advocates for incapacitated adults programs into one program. Requires that, in submitting a progress report to the court, a volunteer advocate for seniors and incapacitated adults shall include a person centered care plan in the progress report.
 Current Status:   3/11/2020 - Public Law 4
 
SB194DRUG SCHEDULING. (YOUNG M) Adds new scheduled drugs (including emergency scheduled drugs) to the statutory drug schedules. Defines "isomer". Defines "narcotic" to include opium esters, ethers, and salts of isomers, esters, and ethers. Makes other changes and conforming amendments. Makes a technical correction.
 Current Status:   3/18/2020 - Public Law 61
 
SB238VARIOUS 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.
 Current Status:   3/11/2020 - Public Law 9
 
SB241PHARMACY BENEFIT MANAGERS. (BROWN L) Requires a pharmacy benefit manager to obtain a license issued by the department of insurance and sets forth requirements of the pharmacy benefit manager. Provides for the commissioner of the department of insurance to adopt rules to specify licensure, financial and other standards, and reporting requirements that apply to a pharmacy benefit manager. Sets forth requirements and prohibitions of a pharmacy benefit manager. Allows a party that has contracted with a pharmacy benefit manager to request an audit of compliance at least one time per year. Makes violations of the chapter concerning pharmacy benefit managers an unfair or deceptive act or practice in the business of insurance. Allows a pharmacy benefit manager to obtain the license not later than December 31, 2020, in order to do business in Indiana and provide services for any health provider contract beginning January 1, 2021. (The introduced version of this bill was prepared by the interim study committee on public health, behavioral health, and human services.)
 Current Status:   3/18/2020 - Public Law 68
 
SB246MENTAL HEALTH SERVICES. (CRIDER M) Requires a school corporation, charter school, or accredited nonpublic school to certify to the department of homeland security that the school corporation, charter school, or accredited nonpublic school has a memorandum of understanding in place with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students before applying for a grant from the Indiana secured school fund. Provides that the community mental health center or provider may be employed by the school corporation, charter school, or accredited nonpublic school. Requires a school corporation and a charter school to enter into a memorandum of understanding with a community mental health center or provider certified or licensed by the state to provide mental and behavioral health services to students. Requires the division of mental health and addiction to develop a memorandum of understanding for referral and assist school corporations and charter schools in obtaining a memorandum of understanding with a community mental health center or an appropriate provider. Requires each school corporation and charter school that enters into a memorandum of understanding with a community mental health center or appropriate provider to comply with certain confidentiality and referral requirements.
 Current Status:   3/18/2020 - Public Law 69
 
SB255INSULIN DRUGS. (CHARBONNEAU E) Repeals a provision that requires an individual to possess a prescription to purchase an insulin drug.
 Current Status:   3/11/2020 - Public Law 10
 
SB267ADMINISTRATION 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 (office of the secretary). 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 regarding use of and goals for 211 services. Requires the office of the secretary to: (1) compile specified data regarding 211 services beginning July 1, 2021; (2) enter into data sharing agreements to make the data available to entities approved by the office of the secretary; and (3) obtain and maintain accreditation for 211 operations in accordance with the standards of a national accreditation organization for information and referral services. Requires the office of the secretary to submit to the general assembly an annual report regarding 211 services. Makes conforming amendments.
 Current Status:   3/18/2020 - Public Law 73
 
SB273INDIANA BEHAVIORAL HEALTH COMMISSION. (CRIDER M) Establishes the Indiana behavioral health commission (commission). Specifies the membership of the commission. Requires the commission to prepare: (1) an interim report not later than October 1, 2020; and (2) a final report not later than October 1, 2022. Specifies the issues and topics to be discussed in the commission reports. Requires commission reports to be issued to the following parties: (1) The governor. (2) The legislative council. (3) Any other party specified by the commission chairperson. Requires commission reports to be issued in an electronic format. Abolishes the commission on December 31, 2022. Defines certain terms. Makes conforming amendments.
 Current Status:   3/18/2020 - Public Law 75
 
SB319PRACTITIONER OR ACCOMPLISHED PRACTITIONER LICENSE. (ROGERS L) Provides that 15 of the professional growth experience points required to renew a practitioner license or accomplished practitioner license may be obtained through one or more of certain professional development experiences. (Current law provides that 15 of the professional growth experience points required to renew a practitioner license or an accomplished practitioner license must be obtained through one or more of certain professional development experiences.) Amends the list of professional development experiences.
 Current Status:   3/18/2020 - Public Law 78
 
SB335CRIMINAL LAW ISSUES. (YOUNG M) Provides that, if certain criminal penalties are increased (or, in the case of an infraction, imposed) due to a prior conviction or infraction committed by a defendant, the new offense must have been committed not later than 12 years from the later of the date: (1) of the conviction or infraction judgment; or (2) the person was released from incarceration, probation, or parole. Excludes certain crimes and classes of crimes from the 12 year lookback period. Specifies the duties of an operator of a boat who is involved in an accident or collision resulting in injury. Adds strangulation and domestic battery to the definition of "crimes of violence". Specifies that references to a conviction for Indiana offenses include: (1) an attempt to commit the offense; (2) a conspiracy to commit the offense; and (3) a substantially similar offense committed in another jurisdiction. Provides that credit earned by a person on pretrial home detention does not include accrued time. Makes it a crime to possess a firearm with an obliterated serial number (under current law, it is only a crime to possess a handgun with an obliterated serial number). Provides that a person who: (1) agrees with two or more persons to commit theft; and (2) performs an overt act in furtherance of the agreement; commits organized theft, a Level 6 felony. Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider certain factors when evaluating a petition to expunge certain juvenile adjudications. Beginning July 1, 2021: (1) requires the office of judicial administration to collect and publish certain statistics related to the confiscation and retention of firearms; and (2) requires a court to provide certain information to the office of judicial administration after issuing a finding concerning a person's dangerousness. Provides that a person who knowingly makes a false report that another person is dangerous commits false informing, a Class B misdemeanor. Specifies that a person commits the offense of operating a vehicle with a controlled substance if the controlled substance is in the person's blood (rather than the person's body). Increases the penalty for operating a vehicle with a controlled substance in the person's blood if the person is transporting a child in the vehicle. Provides a defense to a "smokable hemp" offense if the hemp is carried in continuous transit from a licensed producer in another state through Indiana to a licensed handler in another state. Makes conforming amendments, reconciles conflicts, and makes technical corrections.
 Current Status:   3/21/2020 - Public Law 142
 
SB346STUDENTS WITH DISABILITIES. (HOUCHIN E) Provides that the department of education (department) must submit any guidance or recommendation to a school corporation or school that attempts to affect in any manner based on statewide assessment accommodations which instructional methods are included or excluded from the student's special education plan or program to the state board of education (state board) for approval. Provides that the department shall, to the extent permitted under federal law, provide the same text-to-speech, screen reader, or human reader and calculator accommodations to a student in grades 6 through 12 on every section of the statewide assessment program if that accommodation is provided as part of the student's special education plan or program. Provides that the state board, in consultation with The Arc of Indiana and the Indiana Council of Administrators of Special Education (ICASE), shall consult with one or more individuals who specialize in special education as part of the state board's oversight of the development and implementation of the Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program. Provides that a student's score on the statewide assessment may not be the primary factor or measure used to determine whether a student is eligible for a particular course or program. Establishes the Indiana standards and assessment accommodation task force to review: (1) the accommodations provided for by Indiana's statewide assessment to determine if appropriate accommodations are available to accurately measure a student's learning; and (2) the possibility of separating the academic standard of reading comprehension into a separate reading academic standard and a comprehension academic standard. Provides that the department, in consultation with The Arc of Indiana and ICASE, shall develop a notice for parents of certain students with disabilities that informs a parent that the student is not allowed to use certain accommodations on all or part of the statewide assessment. Provides that, not later than February 1, 2021, and not later than February 1, 2022, each public school, including each charter school, and each accredited nonpublic school shall do the following: (1) Provide the notice to the parent during the annual review of the student's special education plan or program. (2) If the parent does not attend the annual review, provide the notice to the parent by certified mail or personal delivery. (3) Discuss and determine, at the annual review of the student's special education plan or program in which a parent of the student participates, whether the student may be eligible to opt out of any applicable section of the statewide assessment. Provides that at least one member of the state board shall be a practicing licensed special education teacher or special education director at the time the member is appointed.
 Current Status:   3/18/2020 - Public Law 82
 
MENTAL HEALTH AMERICA OF INDIANA
actionTRACK - HANNAH NEWS SERVICE - MIDWEST, LLC.