Prepared by: David Bottorff
Report created on April 25, 2024
 
HB1001ADMINISTRATIVE AUTHORITY; COVID-19 IMMUNIZATIONS. (LEHMAN M) Allows the secretary of family and social services (secretary) to issue a waiver of human services statutory provisions and administrative rules if the secretary determines that the waiver is necessary to claim certain enhanced federal matching funds available to the Medicaid program. Allows the secretary to issue an emergency declaration for purposes of participating in specified authorized federal Supplemental Nutrition Assistance Program (SNAP) emergency allotments. Requires the secretary to prepare and submit any waivers or emergency declarations to the budget committee. Allows the state health commissioner of the state department of health or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense certain immunizations for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old). Defines "Indiana governmental entity" and specifies that an Indiana governmental entity (current law refers to a state or local unit) may not issue or require an immunization passport. Provides that an individual is not disqualified from unemployment benefits if the individual has complied with the requirements for seeking an exemption from an employer's COVID-19 immunization requirements and was discharged from employment for failing or refusing to receive an immunization against COVID-19. Provides that an employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of medical reasons, religious reasons, or immunity from COVID-19 acquired from a prior infection with COVID-19.
 Current Status:   3/3/2022 - Public Law 1
 State Bill Page:   HB1001
 
HB1149HOME BASED VENDORS. (LEHE D) Specifies the requirements for the preparation and sale of food products as a home based vendor. Reorganizes provisions concerning the sale of certain food products by an individual vendor at a farmers' market or roadside stand. Requires an individual who sells poultry, rabbits, and eggs at a farmers' market or roadside stand to comply with certain requirements. Makes conforming changes.
 Current Status:   3/8/2022 - Public Law 49
 State Bill Page:   HB1149
 
HB1169HEALTH MATTERS. (CLERE E) Prohibits certain health insurance plans from requiring authorization for covered early intervention services under an individualized family service plan signed by an advanced practice registered nurse (APRN) or a physician assistant (PA). Changes the composition and duties of the division of disability and rehabilitative services advisory council. Repeals and relocates laws concerning: (1) rules regulating the sanitary operation of tattoo parlors and body piercing facilities; (2) allowing the executive board of the state department of health (board) to adopt rules on behalf of the state department of health (department); (3) allowing the board to adopt emergency rules; (4) sanitation of public buildings and institutions; and (5) authority to adopt rules concerning the federal Clinical Laboratory Improvement Amendments. Repeals laws concerning: (1) safety guidelines for children during bad weather conditions; (2) automated external defibrillator rules in health clubs; (3) requiring the state health commissioner (commissioner) to comment on certain rules; (4) fees for serological tests; (5) the administrative unit for special institutions; (6) protection and regulation of department property; and (7) the registry of blind persons. Removes intemperance as a reason to remove a local health officer. Specifies that the department may request the office of administrative law proceedings to designate a person to administer a proceeding. Requires the department to provide facilities and disseminate information to the public concerning oral public health. Allows the department to have a designee to maintain a 24 hour poisons answering service. Adds information on prenatal care to the department's telephone information service concerning children with long term health care needs. Changes the reference from "illegal drug use" to "substance abuse disorder" for purposes of partnership and joint ventures with the department. Requires the department to employ a licensed physician as the chief medical officer. Allows the chief medical officer to perform the functions of the commissioner when the commissioner is not available. Specifies that the state health laboratory (laboratory) must be used to support public health. Changes the title of the person who manages the laboratory. Removes certain requirements concerning the appointment of the laboratory director and chemist. Removes a requirement that a director must report to the commissioner. Requires holders of a certificate of public advantage to pay for reasonable charges incurred by the department. Provides that home health agencies may enter into cooperative agreements to carry out the following activities for the Hoosier Care Connect program: (1) To form and operate, either directly or indirectly, one or more networks of home health agencies to arrange for the provision of health care services through such networks. (2) To contract, either directly or through such networks, with the office of the secretary of family and social services, or the office's contractors, to provide: (A) services to Medicaid beneficiaries; and (B) health care services in an efficient and cost effective manner on a prepaid, capitation, or other reimbursement basis. (3) To undertake other managed health care activities. Provides that a home health agency may authorize an association, corporation, or other person to undertake or effectuate any of these activities. Requires the secretary of family and social services to oversee and supervise these activities. Changes the requirement that the department "shall" to "may" use information compiled by a public or private entity to the greatest extent possible to develop a chronic disease registry. Allows the department to issue a certificate of free sale to a business that meets certain requirements. Amends the definition of "person" for purposes of the state health improvement plan and grant program. Amends the definition of "deaf or hard of hearing" for purposes of the laws governing language development for children who are deaf or hard of hearing. Changes the membership on the Indiana board of pharmacy. Removes the requirement that a qualifying pharmacist is responsible for the legal operations of a pharmacy. Amends references to certain pharmacy school accreditation organizations. Specifies responsibilities of pharmacists concerning duties previously responsible by a qualifying pharmacist. Allows a qualified pharmacy technician to administer immunizations delegated by the pharmacist. (Current law allows pharmacy technicians to administer influenza and coronavirus disease immunizations.) Amends requirements for remote pharmacies. Adds an exception to the definition of "wholesale distribution" for prescription drugs. Authorizes an APRN to sign an order or referral for physical therapy. Requires a health insurance plan to provide coverage for diabetes self-management training ordered by an APRN or PA. Provides that a county coroner may not certify the cause of death for certain infants as a sudden unexplained infant death until a comprehensive death investigation is performed. Makes conforming changes.
 Current Status:   3/15/2022 - Public Law 143
 State Bill Page:   HB1169
 
HB1291DEPARTMENT OF HEALTH NAME CHANGE. (MCNAMARA W) Requires the legislative services agency to prepare legislation for introduction in the 2023 regular session of the general assembly to make appropriate amendments to the Indiana Code to change references from the "state department of health" to the "Indiana department of health".
 Current Status:   3/7/2022 - Public Law 38
 State Bill Page:   HB1291
 
HB1351DISCLOSURE OR NOTIFICATION OF DATA BREACH. (CARBAUGH M) Adds a requirement that disclosure or notice must occur not more than 45 days after the discovery of a breach.
 Current Status:   3/18/2022 - Public Law 171
 State Bill Page:   HB1351
 
HCR2TERMINATING THE PUBLIC HEALTH EMERGENCY FIRST DECLARED ON MARCH 6, 2020, IN EXECUTIVE ORDER 20-02. (PRESCOTT J) A CONCURRENT RESOLUTION terminating the public health emergency first declared on March 6, 2020, in Executive Order 20-02.
 Current Status:   1/10/2022 - Rule 105.2 suspended
 State Bill Page:   HCR2
 
SB85DRAINAGE TASK FORCE. (LEISING J) Establishes a drainage task force consisting of six members of the senate, six members of the house of representatives, and seven other individuals. Requires the task force to: (1) review the responsibilities of landowners and state and local authorities under current laws relating to the drainage of land; (2) make certain determinations concerning drainage and regulatory matters; and (3) determine whether the balance between state authority and local authority over drainage of agricultural land favors state authority more in Indiana than in neighboring states. Authorizes the task force to make recommendations. Requires the task force to issue a report and, not later than December 1, 2023, submit the report to the executive director of the legislative services agency for distribution to the members of the general assembly and to the governor.
 Current Status:   3/7/2022 - Public Law 7
 State Bill Page:   SB85
 
SB139MANUFACTURED HOUSING IN MOBILE HOME COMMUNITY. (DORIOT B) Prohibits a governmental body from regulating or restricting the installation of a mobile home, manufactured home, or industrialized residential structure within a mobile home community based on the age or size of the mobile home, manufactured home, or industrialized residential structure, regardless of whether: (1) the mobile home, manufactured home, or industrialized residential structure; or (2) the lot on which, or the mobile home community in which, it is or will be located or installed; constitutes a conforming structure or use, or a legal, nonconforming structure or use. Provides that after March 14, 2022: (1) a unit may not adopt, impose, amend, or enforce a regulation, or a provision in a regulation, that violates this prohibition, regardless of when the regulation or provision was originally adopted or imposed; and (2) any provision that: (A) is included in a regulation adopted or imposed by a unit; and (B) violates this prohibition; is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed. Prohibits a unit from adopting, imposing, or enforcing a regulation that mandates size requirements for, or that is based on the age of, a mobile home, a manufactured home, or an industrialized residential structure that will be installed in a mobile home community, regardless of whether the mobile home community, or any part of the mobile home community, constitutes: (1) a conforming structure or use; or (2) a legal, nonconforming structure or use. Provides that after March 14, 2022: (1) a unit may not adopt, impose, amend, or enforce a regulation, or a provision in a regulation, that violates this prohibition, regardless of when the regulation or provision was originally adopted or imposed; and (2) any provision that: (A) is included in a regulation adopted or imposed by a unit; and (B) violates this prohibition; is void and unenforceable regardless of when the regulation or provision was originally adopted or imposed. Provides that a mobile home community operator who attempts to exclude an owner with the intent to evade the requirement that the operator provide notice not less than 180 days before the date of an intended closure commits a deceptive act that is actionable by the attorney general. Amends the statute concerning the reconstruction of nonconforming structures to provide that whenever a legal, nonconforming structure, including: (1) a mobile home; (2) a manufactured home; or (3) an industrialized residential structure; on a parcel of real property used for residential purposes in a mobile home community is removed, the owner of the parcel shall be permitted to replace the structure without losing the status of the structure or parcel as a legal, nonconforming structure or use if the replacement meets the existing statutory requirements. Provides that these provisions concerning the continuing status of the structure or parcel in a mobile home community as a legal, nonconforming structure or use apply after March 14, 2022, regardless of whether: (1) the structure or parcel is conferred status as a legal, nonconforming structure or use; or (2) the legal nonconforming structure is: (A) damaged, destroyed, or removed; or (B) reconstructed, renovated, repaired, or replaced; before or after March 15, 2022.
 Current Status:   3/10/2022 - Public Law 53
 State Bill Page:   SB139
 
SB381REGULATION OF RADIOACTIVE MATERIAL. (CRIDER M) Establishes Indiana as a nuclear regulatory agreement state upon approval by the U.S. Nuclear Regulatory Commission (commission) and the signing of an agreement by the governor and the chairman of the commission. Establishes the policies and purposes of the agreement in regulating certain radioactive items. Provides that the Indiana department of homeland security (department) is responsible for carrying out the duties of the agreement. Tasks the department to create rules, regulations, and protocols for the enforcement of the agreement. Requires the department to create licensing procedures for radioactive materials. Provides that the department shall create fee structures for the regulation of various radioactive services. Establishes the radiation site closure and disposal fund and the radiation long-term care fund. Permits the department to enter public and private property to ensure compliance with radiation regulations under certain conditions. Provides that the governor and the department may enter into agreements with the commission. Supersedes municipality or county regulation of certain radioactive materials. Prohibits the use or possession of certain radioactive materials unless licensed by the department. Grants the department emergency authority to impound radioactive materials in the possession of a person who is not in compliance with the department. Provides civil penalties for violations of certain rules.
 Current Status:   3/7/2022 - Public Law 28
 State Bill Page:   SB381
 
SB411COMMERCIAL SOLAR AND WIND ENERGY. (MESSMER M) Establishes default standards concerning the following with respect to wind power projects in local units that voluntarily adopt the standards: (1) Setback requirements. (2) Height restrictions. (3) Shadow flicker limitations. (4) Signal interference. (5) Sound level limitations. (6) Wind turbine light mitigation technology. (7) Required repairs to drainage related infrastructure. (8) Project decommissioning. Defines a unit that voluntarily adopts all of the default standards, or standards less restrictive than the default standards, as a "wind energy ready community". Establishes default standards concerning the following with respect to commercial solar projects in units that voluntarily adopt the standards: (1) Setback requirements. (2) Height restrictions. (3) Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level limitations. (9) Required repairs to drainage related infrastructure. (10) Project decommissioning. Defines a unit that voluntarily adopts all of the default standards, or standards less restrictive than the default standards, as a "solar energy ready community".
 Current Status:   3/11/2022 - Public Law 90
 State Bill Page:   SB411
 
actionTRACK - HANNAH NEWS SERVICE - MIDWEST, LLC.