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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 Budget Bill 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 Immunity 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 Insurance 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 ISDH 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 Other Health Bills Indiana State Department of Health 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 Insurance 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 Long-Term Care 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 Medicaid 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 Psychiatric and Substance Abuse 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 Uninsured 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 Other Bills 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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