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IHHA
Legislative Report
2003
Legislative Session
May 13, 2003
TOP BILLS |
IHHA
Bill  |
| HEA1813
Indigent health care
Author: Rep. William A. Crawford, Indianapolis
Sponsor: Sen. Patricia L. Miller, Indianapolis
Amends various statutes
concerning the following: (1) the funding and administration
of Medicaid and the Hospital Care for the Indigent program;
(2) health records; and (3) the governing board of the Marion
County Health and Hospital Corporation. Repeals the uninsured
parents program. Latest action: 05/08/2003 H: Governor
Signed |
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Budget Bill |
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HEA1001
Budget bill
Author:
Rep. William A. Crawford, Indianapolis
Sponsor:
Sen. Robert L. Meeks, LaGrange
Makes appropriations
for the state. Transfers money among funds. Changes the
distributions made to local government. Changes certain program
requirements. Increases and extends certain fees and provides
for a temporary quality assessment on nursing facilities.
Provides a school funding formula. Authorizes bonding for
certain projects. Establishes the Indiana Economic Development
Corporation. Expands the authority of the port commission to
finance and construct certain projects. Includes various other
economic development initiatives. Makes other changes affecting
state tax deductions and credits, property taxation, the state
lottery, riverboats, pensions, corrections, Medicaid, and
education. Latest action: 05/08/2003 H: Governor Signed |
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Immunity |
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SEA485
Immunity for smallpox vaccines
Author:
Sen. Becky Skillman, Bedford
Sponsor:
Rep. Robert D. Kuzman, Crown Point
Provides civil immunity
to a medical services provider for injury that results from the
administration of an inoculation or other countermeasure against
an actual or potential bioterrorist incident or public health
emergency if the federal government authorizes the Indiana State
Department of Health to implement a program of inoculations or
other countermeasures. Latest action: 05/01/2003 H: Governor
Signed |
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Insurance |
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HEA1749
Comprehensive Health Insurance Association
Author:
Rep. Craig R. Fry, Mishawaka
Sponsor:
Sen. Patricia L. Miller, Indianapolis
Specifies certain
requirements that must be contained in another state's law
concerning association group accident and sickness insurance
policies if a policy issued in the other state covers an Indiana
resident. Amends the Indiana Comprehensive Health Insurance
Association (ICHIA) law concerning premium rates, tax credits,
health care provider reimbursement, eligible expenses, pharmacy
and chronic disease management programs, prescription drug
coverage, out of pocket expenses, eligibility, preexisting
conditions, and termination of coverage. Requires ICHIA and the
Office of Medicaid Policy and Planning to consider the
development of payment programs related to ICHIA and Medicaid
coverage. Makes conforming and technical amendments. Latest
action: 05/07/2003 H. Governor Signed
HEA1407
Insurance matters
Author:
Rep. Michael Allen Ripley, Monroe
Sponsor:
Sen. Allen E. Paul, Richmond
Replaces references to
insurance agents and limited insurance representatives with
insurance producer. Provides that in certain circumstances a
life insurance company may issue or issue for delivery in
Indiana funding agreements. Allows the insurance commissioner to
waive requirements related to accident and sickness insurer and
health maintenance organization processing of paper claims under
certain circumstances. Provides that an accident and sickness
insurer or a health maintenance organization that does not
resolve an appeal within the statutory time frame commits an
unfair and deceptive act or practice in the business of
insurance. Requires quarterly reporting regarding resolution of
grievance appeals. Specifies certain requirements for health
care providers concerning notice to patients of third party
billings. Latest action: 05/07/2003 H: Governor Signed |
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ISDH |
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HEA1140
Health facility license fee
Author:
Rep. Charlie Brown, Gary
Sponsor:
Sen. Patricia Miller, Indianapolis
Increases the license fees
for health facilities. Also provides that if hospital licensure
fees are reinstated (pursuant to licensure rule) then all fees
will remain in the ISDH budget. Latest action: 05/08/2003 H:
Governor Signed
HEA1271
Immunity for defibrillator instructors
Author:
Rep. Carolene Mays, Indianapolis
Sponsor:
Sen. Brandy Hershman, Tippecanoe
Grants immunity from
civil liability to certain licensed physicians or the instructor
of a person who renders emergency care using an automatic
external defibrillator, if the licensed physician or
instructor's act or omission does not amount to gross negligence
or willful or wanton misconduct. Latest action: 04/29/2003 H:
Governor Signed
HEA1630
HIV testing of pregnant women
Author:
Rep. Peggy Welch, Bloomington
Sponsor:
Sen. Patricia Miller, Indianapolis
Requires that a
pregnant woman be tested for HIV during pregnancy or at the time
of delivery unless she refuses. Requires that a pregnant woman's
refusal to consent to the test be documented in the woman's
medical records. Requires a pregnant woman who refuses to
consent to the test to acknowledge that she: (1) received the
required counseling and information; and (2) refuses to consent
to the test. Specifies certain information regarding HIV
testing, transmission, prevention, and treatment that must be
provided to a pregnant woman. Requires that information
regarding the HIV testing status of a pregnant woman be included
on the confidential part of the birth or stillbirth certificate.
Makes the results of the tests confidential. Requires the
Indiana State Department of Health to distribute written
materials explaining treatment options for individuals who have
a positive HIV test. Repeals a provision concerning voluntary
HIV testing for pregnant women and a provision containing an
obsolete definition. Latest action: 05/08/2003 H: Governor
Signed |
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Other
Health Bills |
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Indiana State
Department of Health |
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HEAB1130
State Department of Health Fees
Author:
Rep. Charlie Brown, Gary
Sponsor:
Sen. Patricia Miller, Indianapolis
Increases various fees
currently collected by the Indiana State Department of Health
and allows penalty fees for late license renewals in certain
cases. Permits the Indiana State Department of Health to adopt
rules to exempt certain radiologic technologists from testing.
Latest action: 05/07/2003 H: Governor Signed
SEA343
Health management and chronic disease registry
Author:
Sen. Patricia Miller, Indianapolis
Sponsor:
Rep. Charlie Brown, Gary
Removes HIV and
AIDS and population parameters from the state's disease
management program and adds hypertension to the program. Sets
implementation dates for the statewide program. Creates a
chronic disease registry administered by the Indiana State
Department of Health. Provides for testing and notification to
an emergency medical services provider who has potentially been
exposed to a dangerous communicable disease. Latest action:
05/07/2003 S: Governor Signed |
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Insurance |
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HEA1019
Insurance coverage matters
Author:
Rep. John Frenz, Vincennes
Sponsor:
Sen. Patricia Miller, Indianapolis
Requires the
commissioner of insurance to establish a voluntary task force to
review mandated benefits and proposed mandated benefits and
report to the legislative council. Requires a group accident and
sickness insurance policy and a group health maintenance
organization contract to provide coverage for medically
necessary medical food prescribed for treatment of an inherited
metabolic disease for a covered individual or an enrollee.
Latest action: 05/07/2003 H: Governor Signed
SEA341
Waiver of pre-existing conditions
Author:
Sen. Patricia Miller, Indianapolis
Sponsor:
Rep. Charlie Brown, Gary
Provides that:
(1) an individual policy of accident and sickness insurance; or
(2) a group policy of accident and sickness insurance under
which a certificate of coverage is issued to an individual
member of a non-employer based association or discretionary
group; that is issued after June 30, 2003, and before July 1,
2005, may contain a waiver of coverage for a specified condition
under certain circumstances. Specifies that an offer of coverage
under a policy that includes a waiver does not preclude
eligibility for a Comprehensive Health Insurance Association
policy. Specifies certain requirements applying to the issuance
of an association policy by an out-of-state insurer to an
Indiana resident. Requires reporting by insurers to the Indiana
Department of Insurance and requires the Indiana Department of
Insurance to report to the Legislative Council and General
Assembly. Latest action: 05/07/2003 S: Governor Signed
HEA1704
Various Indiana State Department of Health matters
Author:
Charlie Brown, Gary
Sponsor:
Patricia L. Miller, Indianapolis
Repeals sanitary
requirements for locker plants. Repeals weight and count
provisions that are duplicative of Indiana State Department of
Health rules. Repeals provisions regarding the structural
foundation and wall colors of schools and requiring the teaching
of hygiene and sanitary science. Prohibits ISDH from testing a
person who is registered with and holds a valid certificate
issued by the American Registry of Radiologic Technologists and
allows certain exemptions from testing. Permits ISDH to conduct
indoor air quality investigations. Requires physicians and
optometrists to report individuals diagnosed with severe visual
impairments to the Office of the Secretary of Family and Social
Services instead of ISDH. Requires the Office of the Secretary
of Family and Social Services to produce materials detailing
reporting requirements and services available for visually
impaired individuals. Exempts community mental health centers
and private mental health institutions from food handling laws.
Latest action: 04/30/2003 H: Governor Signed
HEA1757
Regulation of pharmacy technicians
Author:
Shelia Johnston Klinker
Sponsor:
Patricia L. Miller
Establishes a
certification program for pharmacy technicians and a permit
program for pharmacy technicians in training. Requires a
person to be certified to practice as a pharmacy technician.
Adds provisions concerning the designation of mail order and
Internet-based pharmacies by certain health plans. Latest
action: 05/02/2003 H: Governor Signed |
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Long-Term Care |
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SEA220
Implementation of Program of All-Inclusive Care for the Elderly
Author:
Sen. Beverly Gard, Greenfield
Sponsor:
Rep. Charlie Brown, Gary
Authorizes the Office
of Medicaid Policy and Planning to implement the federal program
of All-Inclusive Care for the Elderly (PACE). Latest action:
04/14/2003 S: Governor Signed
SEA396
Informal dispute resolution for nursing homes
Author:
Sen. Patricia Miller, Indianapolis
Sponsor:
Rep. Charlie Brown, Gary
Establishes a voluntary
informal dispute resolution pilot program for comprehensive care
health facilities. Latest action: 04/28/2003 S: Governor
Signed
SEA493
Home-and community-based services
Author:
Sen. Gregory Server, Evansville
Sponsor:
Rep. Charlie Brown, Gary
Establishes a caretaker
support program. Encourages the Indiana Health Facility
Financing authority to work with for profit health facilities
that are partnered with nonprofit agencies in converting
licensed beds to less intensive care beds through bonds.
Requires the Office of the Secretary of Family and Social
Services to establish a home-and community-based long term care
service program and establishes eligibility for the program.
Requires the Office of Medicaid Policy and planning to apply
for: (1) a waiver to amend the aged and disabled waiver to
include any service offered by the Community and Home Options to
Institutional Care for the Elderly and Disabled (CHOICE)
program; and (2) a waiver to amend Medicaid waivers to include
spousal impoverishment protection provisions that are at least
at the level of those offered to health facility residents.
Specifies protections an individual receiving Medicaid waiver
services must have. Latest action: 05/08/2003 S: Governor
Signed |
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Medicaid |
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HEA1458
Human services
Author:
Rep. Charlie Brown, Gary
Sponsor:
Sen. Patricia Miller, Indianapolis
Extends the Select
Joint Commission on Medicaid Oversight. Provides for a penalty
for housing with services establishments that do not comply with
the disclosure requirements and requires the director of the
Division of Disabilities, Aging, and Rehabilitative Services to
adopt specified rules. Adds a cross-reference to current law
regarding access to certain mental health drugs. Amends the
developmental disability Medicaid waiver application
process. Requires the Office of Medicaid Policy and Planning (OMPP)
to determine Medicaid waiver eligibility for the developmentally
disabled. Establishes a procedure under which restrictions may
be placed on mental health drugs under certain circumstances.
Specifies authority to determine initial placement designations
in mental health facilities. Permits a person who has obtained a
license to practice medicine outside the United States or Canada
to obtain a temporary fellowship permit under certain
circumstances until July 1, 2008. Allows OMPP to limit access to
prescription drugs under the Hoosier Rx program in certain
circumstances. Latest action: 05/07/2003 H: Governor Signed
HEA1632
Premiums for Medicaid buy-in program
Author:
Rep. Peggy Welch, Bloomington
Sponsor:
Sen. Connie Lawson, Danville
Specifies that the
Office of Medicaid Policy and Planning's (office) calculation of
an individual's personal needs allowance includes income in
addition to federal Supplemental Security Income. Requires the
office to adjust, at additional times to the annual review, the
premium for working disabled persons to participate in the
Medicaid buy-in program. Requires the office to adjust the
premium upon verification of a change in the person's income or
family size. Latest action: 04/14/2003 H: Governor Signed
HEA1837
Provider assessments
Author:
Rep. Vanessa Summers, Indianapolis
Sponsor:
Sen. Patricia Miller, Indianapolis
Allows the Office of
Medicaid Policy and Planning to assess providers of supported
living services and support to individuals with a developmental
disability an amount not to exceed 2.5 percent of all service
revenue included on the annual plan of care excluding resident
living allowances. Creates the community services certification
and quality assurance assessment fund to be used for the funding
of licensing, certification, and quality assurance services.
Terminates assessment authority if federal financial
participation ceases. Latest action: 05/08/2003 H: Governor
Signed
HEA1972
Township assistance matters
Author:
Rep. Russell Stilwell, Boonville
Sponsor:
Sen. Marvin Riegsecker, Goshen
Expands the definition
of "wasted resources" to include lump sum payments. Allows for
compensation of a hearing officer who conducts hearings of poor
relief appeals. (Current law prohibits compensation of a hearing
officer.) Requires a board of commissioners and hearing officer
to review and consider investigative documents a trustee
prepared before making an appealed decision. Requires a board of
commissioners to remand a case to a trustee if new evidence was
presented by the individual on appeal that would have made an
individual eligible for assistance. Limits: (1) interim medical
assistance by a township to 90 days; and (2) prescription drug
coverage and insulin to a 30 day supply, unless the drugs or
insulin are only available in a container that contains more
than a 30 day supply. Allows an advanced practice nurse to apply
for insulin. Provides that private insurance coverage of the
medical treatment received disqualifies an individual from
receiving township medical assistance unless the insurance does
not pay for the medical assistance due to a policy deductible or
other policy limitation. Requires a medical provider to
reimburse the township trustee the lesser of: (1) the amount of
medical assistance provided by the trustee to the individual; or
(2) the amount reimbursed by Medicaid to the medical provider.
Requires the preparation of legislation changing the term "poor
relief" to "township assistance" in the Indiana Code. Repeals:
(1) a provision stating that a township is not obligated to
assist individuals who receive state assistance; and (2) the
requirement that the township report to the county auditor
quarterly on poor relief. Latest action: 05/08/2003 H:
Governor Signed
SEA461
Medicaid fraud control unit authority
Author:
Sen. Patricia Miller, Indianapolis
Sponsor:
Rep. Charlie Brown, Gary
States that the state
Medicaid fraud control unit has the authority to investigate
Medicaid fraud, misappropriation of a Medicaid patient's private
funds, abuse, and neglect of Medicaid patients and patients in
board and care facilities in accordance with federal law.
Authorizes a court to order a provider to reimburse the attorney
general for the reasonable costs of the attorney general's
investigation and enforcement of Medicaid fraud. (Current law
limits the award to $500.) Makes conforming amendments.
Latest action: 04/28/2003 S: Governor Signed |
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Psychiatric and
Substance Abuse |
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HEA1135
Coverage for substance abuse services
Author:
Rep. Charlie Brown, Gary
Sponsor:
Sen. Connie Lawson, Danville
Provides that if an
accident and sickness insurance policy or a contract with a
health maintenance organization provides certain substance
abuse and chemical dependency coverage, the insurer or health
maintenance organization must offer to provide the coverage
without treatment limitations or financial requirements in
certain circumstances. Latest action: 05/08/2003 H: Governor
Signed
HEA1395
Mental health placement
Author:
Vaneta Becker, Evansville
Sponsor:
Gregory D. Server, Evansville
Provides that if the
director of the Division of Mental Health and Addiction decides
that a final placement decision is to be made for a mentally ill
person, the decision must be made by a licensed psychiatrist or
psychologist in consultation with the mentally ill person's
psychiatrist or psychologist. (The introduced version of this
bill was prepared by the Health Finance Commission.) Latest
action: 04/14/2003 H: Governor Signed
HEA1850
Commitment of minor for drug and alcohol treatment
Author:
Vaneta Becker, Evansville
Sponsor:
Gregory D. Server, Evansville
Allows a juvenile court
to order involuntary drug and alcohol treatment for a child.
Allows a juvenile court to order a parent, guardian or custodian
of a child to participate in any aspect of the child's
treatment. Specifies that neither the court nor the county is
liable for any cost of the child's assessment or treatment.
Latest action: 05/07/2003 H: Governor Signed |
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Uninsured |
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HEA1643
Health care for the uninsured
Author:
Rep. Brian K. Hasler, Evansville
Sponsor:
Sen. Gary P. Dillon, M.D., Columbia City
Requires the Office of
the Secretary of Family and Social Services (office) to
cooperate and assist a nonprofit organization that has the
purpose of providing health care to uninsured residents by: (1)
determining eligibility for the program; (2) issuing plan cards
to eligible individuals; (3) setting a registration fee; and (4)
operating a toll-free telephone number for participants in the
program to receive referrals. Latest action: 05/01/2003 H:
Governor Signed
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Other Bills |
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HEA1131
Mandatory reporting of fireworks-related injuries
Author:
Rep. Charlie Brown, Gary
Sponsor:
Sen.Thomas Wyss, Fort Wayne
Requires the initial
health care practitioner or hospital administrator who treats a
person for an injury that the practitioner or administrator
identifies as resulting from fireworks to report the injury to
the Indiana State Department of Health. Provides the reports are
confidential. Latest action: 04/30/2003 H: Governor Signed
HEA1137
Health care excellence commission
Author:
Rep. Charlie Brown, Indianapolis
Sponsor:
Sen. Connie Lawson, Danville
Changes the final
report date of the Commission on Excellence in Health Care.
Latest action: 04/29/2003 H: Governor Signed
HEA1437
Health Professions Bureau
Author:
Rep. Peggy Welch, Bloomington
Sponsor:
Sen. Marvin Riegsecker, Goshen
Exempts the Health
Professions Bureau from paying a fee to obtain a limited
criminal history record when investigating the background of a
license applicant. Authorizes a health professions board to
order a practitioner to submit to a physical or mental
examination at the practitioner's expense and to require a
practitioner to pay the administrative law judge costs in a
disciplinary hearing. Adds an advanced practice nurse (APN) to
the Indiana State Board of Nursing and makes other changes to
make up of the board. Changes the quorum requirements for the
board. Provides that a license to practice podiatric medicine
expires every two years. Requires the Health Professions Bureau
to randomly audit APN practice agreements and sets forth
parameters of the audit. Requires rules concerning renewal of
APN agreements. Latest action: 05/07/2003 H: Governor Signed
HEA1935
Various public records matters
Author:
Rep. Dennie Oxley, English
Sponsor:
Sen. James Merritt, Jr., Indianapolis
Makes various changes
in the laws concerning access to public records and the
collection and protection of personal information. Latest
action: 05/08/2003 H: Governor Signed
HEA2005
Assessment of exempt property
Author:
Rep. John Frenz, Vincennes
Sponsor:
Sen. Joseph Zakas, Granger
Eliminates most acreage
limitations in the determination of land exemptions. Provides
that land is exempt under certain circumstances for the
retention and preservation of land and water (maximum of 500
acres) or if it is used for parking that serves an exempt
building. For exemption of land purchased for construction of a
building to be used for exempt purposes, requires active pursuit
of the building plan. Requires identification in an exemption
application of the use of each part of the property, and applies
the predominant use test separately to each part identified.
Establishes a procedure to require that property for which an
exemption application is filed is properly assessed. Requires
the reporting of leases of exempt real property to certain
entities. Amends various sections to reflect a previous change
that requires filing of the exemption application with the
county assessor instead of the county auditor. Imposes reporting
and rulemaking requirements on the Department of Local
Government Finance (DLGF) concerning locally approved exemption
applications. Withholds part of state property tax replacement
fund distributions to a county if the county assessor fails to
forward approved exemption applications to the DLGF. Allows a
refund for taxes payable in 2001 for certain churches or
religious institutions. Latest action: 05/08/2003 H: Governor
Signed
SEA363
External defibrillators
Author:
Sen. Brandt Hershman, Monticello
Sponsor:
Rep. Carolene Mays, Indianapolis
Grants immunity from
civil liability to the medical director or instructor of a
person who renders emergency care using an automatic external
defibrillator if the medical director or instructor's act or
omission does not amount to gross negligence or willful or
wanton misconduct. Latest action: 04/29/2003 S: Governor
Signed |
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