*HB1001.2*
Reprinted
January 14, 2022
HOUSE BILL No. 1001
_____
DIGEST OF HB 1001 (Updated January 13, 2022 2:34 pm - DI 141)
Citations Affected: IC 12-8; IC 12-14; IC 16-18; IC 16-19; IC 16-31;
IC 16-39; IC 22-4; IC 22-5; IC 25-1; IC 34-18.
Synopsis: Administrative authority; COVID-19 immunizations.
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
(Continued next page)
Effective: Upon passage.
Lehman, Barrett, Jeter, Huston, Steuerwald,
Abbott, Baird, Bartels, Behning, Borders,
Carbaugh, Cherry, Cook, Davis, DeVon,
Ellington, Engleman, Frye R, Goodrich,
Gutwein, Heaton, Heine, Jordan, Judy,
Karickhoff, King, Lauer, Leonard, Lindauer,
Lyness, Manning, May, McNamara, Miller D,
Morris, Morrison, Negele, O'Brien, Olthoff,
Prescott, Pressel, Rowray, Schaibley, Slager,
Smaltz, Snow, Soliday, Speedy, Teshka,
Thompson, Torr, VanNatter, Wesco, Zent,
Young J, Mayfield, Eberhart, Ledbetter
January 4, 2022, read first time and referred to Committee on Employment, Labor and
Pensions.
January 6, 2022, amended, reported — Do Pass.
January 13, 2022, read second time, amended, ordered engrossed.
HB 1001—LS 6280/DI 104 Digest Continued
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. Establishes certain
requirements for the temporary licensure of retired or inactive
emergency medical services personnel, retired or inactive health care
professionals, out-of-state health care professionals, or recently
graduated students who have applied for a physician assistant, nurse,
respiratory care practitioner, or pharmacist license. Allows a health
care provider or an officer, agent, or employee of a health care provider
who has a temporary license to qualify for coverage under the Medical
Malpractice Act. 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 requirement 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, an agreement to submit to testing for the presence of COVID-
19, or immunity from COVID-19 acquired from a prior infection with
COVID-19. Provides that an employer may not take an adverse
employment action against an employee because the employee has
requested or used an exemption from an employer's COVID-19
immunization requirement.
HB 1001—LS 6280/DI 104HB 1001—LS 6280/DI 104 Reprinted
January 14, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1001
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-8-1.5-7.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) Notwithstanding any
4 other law, the secretary, through the offices, may issue a waiver, in
5 writing, of provisions of this title and rules adopted under
6 IC 4-22-2 concerning provisions of this title if the secretary
7 determines that the waiver is necessary to claim any enhanced
8 federal matching funds available from:
9 (1) the federal Families First Coronavirus Response Act;
10 (2) the federal American Rescue Plan Act of 2021; or
11 (3) any other federal law, regulation, guidance, or policy
12 pertaining to COVID-19 (as defined in IC 16-39-11-1) relief;
13 for the Medicaid program or programs funded through Medicaid.
14 (b) Not later than March 1, 2022, and every six (6) months
15 thereafter, the secretary shall prepare and submit a report to the
HB 1001—LS 6280/DI 104 2
1 budget committee concerning any waiver issued under subsection
2 (a).
3 (c) Nothing in this section may be construed to obligate the
4 secretary to issue a waiver under this section.
5 (d) This section expires on the date that the funds described in
6 subsection (a)(1) through (a)(3) are no longer available to the state.
7 SECTION 2. IC 12-14-30-7 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
9 UPON PASSAGE]: Sec. 7. (a) The secretary may issue an
10 emergency declaration for the purpose of participating in SNAP
11 emergency allotments authorized under the federal Families First
12 Coronavirus Response Act.
13 (b) Not later than March 1, 2022, the secretary shall prepare
14 and submit a report to the budget committee concerning any
15 emergency declaration issued under this section.
16 (c) This section expires on the date that the funds described in
17 subsection (a) are no longer available to the state.
18 SECTION 3. IC 16-18-2-187.8 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE UPON PASSAGE]: Sec. 187.8. "Indiana governmental
21 entity", for purposes of IC 16-39-11, has the meaning set forth in
22 IC 16-39-11-4.5.
23 SECTION 4. IC 16-19-4-11, AS AMENDED BY P.L.218-2019,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 UPON PASSAGE]: Sec. 11. (a) The state health commissioner or the
26 commissioner's designated public health authority who is a licensed
27 prescriber may, as part of the individual's official capacity, issue a
28 standing order, prescription, or protocol that allows a pharmacist to
29 administer or dispense any of the following:
30 (1) An immunization that is recommended by the federal Centers
31 for Disease Control and Prevention Advisory Committee on
32 Immunization Practices for individuals who are not less than
33 eleven (11) years of age.
34 (2) A smoking cessation product. However, the pharmacist must
35 inform the patient that the patient must have a follow-up
36 consultation with the patient's licensed prescriber.
37 (b) This subsection does not apply to a pharmacist. The state health
38 commissioner or the commissioner's designated public health authority
39 who is a licensed prescriber may, as part of the individual's official
40 capacity, issue a standing order, prescription, or protocol that allows an
41 individual who is licensed, certified, or registered by a board (as
42 defined in IC 25-1-9-1), and if within the individual's scope of practice,
HB 1001—LS 6280/DI 104 3
1 to administer or dispense an immunization that is recommended by the
2 federal Centers for Disease Control and Prevention Advisory
3 Committee on Immunization Practices for individuals who are not less
4 than eleven (11) years of age.
5 (c) A standing order described in subsection (a), or (b), or (e) must
6 include the following:
7 (1) The purpose of the order.
8 (2) The eligible recipients.
9 (3) The geographic area covered by the standing order.
10 (4) The procedure for administering or dispensing the
11 immunization or product.
12 (5) A timeline for renewing or updating the standing order.
13 (d) The state health commissioner or designated public health
14 authority who issues a standing order, prescription, or protocol under
15 subsection (a), or (b), or (e) is immune from civil liability related to the
16 issuing of the standing order, prescription, or protocol.
17 (e) Notwithstanding subsection (a) and subsection (b), the state
18 health commissioner or the commissioner's designated public
19 health authority may issue a standing order, prescription, or
20 protocol to administer or dispense an immunization that is
21 recommended by the federal Centers for Disease Control and
22 Prevention Advisory Committee on Immunization Practices for
23 individuals who are at least five (5) years of age. Nothing in this
24 subsection authorizes the state health commissioner or the
25 commissioner's designated public health authority to:
26 (1) require an individual to receive an immunization for
27 COVID-19; or
28 (2) waive or otherwise allow a minor to receive an
29 immunization without the parent's consent as required under
30 IC 16-36-1.
31 This subsection expires March 31, 2022.
32 SECTION 5. IC 16-31-11.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
34 UPON PASSAGE]:
35 Chapter 11.5. Temporary Licensure of Retired and Inactive
36 Emergency Medical Services Personnel
37 Sec. 1. Notwithstanding any other provision of this article, the
38 commission shall issue a temporary license or certificate to an
39 individual to allow the individual to provide emergency medical
40 services if the individual satisfies the following conditions:
41 (1) The individual applies for the temporary license or
42 certificate in the manner prescribed by the commission.
HB 1001—LS 6280/DI 104 4
1 (2) The individual has, within the past five (5) years, held:
2 (A) a certificate or license under this article; or
3 (B) an equivalent certificate or license in another state;
4 to provide emergency medical services.
5 (3) The individual remains in good standing with the issuing
6 entity and the license or certification described in subdivision
7 (2):
8 (A) was retired, surrendered, or otherwise inactivated by
9 the individual; and
10 (B) was not revoked, suspended, or relinquished by the
11 issuing entity.
12 Sec. 2. The commission shall post the following on the
13 department of homeland security's Internet web site:
14 (1) The application for a temporary license or certification
15 described in section 1 of this chapter.
16 (2) A list of the names of individuals who have been granted
17 a temporary license or certification by the commission under
18 this chapter.
19 Sec. 3. This chapter expires March 31, 2022.
20 SECTION 6. IC 16-39-11-4.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this
23 chapter, "Indiana governmental entity" means:
24 (1) the state (as defined in IC 5-11-1-16(b));
25 (2) a state educational institution (as defined in
26 IC 21-7-13-32);
27 (3) a political subdivision (as defined in IC 36-1-2-13); or
28 (4) a public school corporation (as defined in IC 4-4-38.5-6.2).
29 (b) The term does not include the following:
30 (1) A state institution (as defined in IC 12-7-2-184).
31 (2) A hospital organized or operated under IC 16-22-1
32 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
33 SECTION 7. IC 16-39-11-5, AS ADDED BY P.L.196-2021,
34 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b),
36 the state or a local unit an Indiana governmental entity may not issue
37 or require an immunization passport.
38 (b) This section does not prohibit the state or a local unit an
39 Indiana governmental entity from doing any of the following:
40 (1) Maintaining, creating, or storing a medical record of an
41 individual's immunization status.
42 (2) Providing a medical record of an individual's immunization
HB 1001—LS 6280/DI 104 5
1 status to the individual's medical provider in accordance with the
2 federal Health Insurance Portability and Accountability Act
3 (HIPAA) (P.L.104-191).
4 (3) Providing the individual with a record of an immunization at
5 the time the individual receives the immunization or upon request
6 by the individual.
7 (4) Maintaining an immunization record for the purpose of public
8 health administration.
9 SECTION 8. IC 22-4-2-41 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]: Sec. 41. As used in this article, "COVID-19" has
12 the meaning set forth in IC 34-30-32-3.
13 SECTION 9. IC 22-4-2-42 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 42. As used in this article, "immunization"
16 means the treatment of an individual with a vaccine to produce
17 immunity.
18 SECTION 10. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
19 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
21 separation from employment before filing an initial or additional claim
22 for benefits, an individual who voluntarily left the employment without
23 good cause in connection with the work or was discharged from the
24 employment for just cause is ineligible for waiting period or benefit
25 rights for the week in which the disqualifying separation occurred and
26 until:
27 (1) the individual has earned remuneration in employment in at
28 least eight (8) weeks; and
29 (2) the remuneration earned equals or exceeds the product of the
30 weekly benefit amount multiplied by eight (8).
31 If the qualification amount has not been earned at the expiration of an
32 individual's benefit period, the unearned amount shall be carried
33 forward to an extended benefit period or to the benefit period of a
34 subsequent claim.
35 (b) When it has been determined that an individual has been
36 separated from employment under disqualifying conditions as outlined
37 in this section, the maximum benefit amount of the individual's current
38 claim, as initially determined, shall be reduced by an amount
39 determined as follows:
40 (1) For the first separation from employment under disqualifying
41 conditions, the maximum benefit amount of the individual's
42 current claim is equal to the result of:
HB 1001—LS 6280/DI 104 6
1 (A) the maximum benefit amount of the individual's current
2 claim, as initially determined; multiplied by
3 (B) seventy-five percent (75%);
4 rounded (if not already a multiple of one dollar ($1)) to the next
5 higher dollar.
6 (2) For the second separation from employment under
7 disqualifying conditions, the maximum benefit amount of the
8 individual's current claim is equal to the result of:
9 (A) the maximum benefit amount of the individual's current
10 claim determined under subdivision (1); multiplied by
11 (B) eighty-five percent (85%);
12 rounded (if not already a multiple of one dollar ($1)) to the next
13 higher dollar.
14 (3) For the third and any subsequent separation from employment
15 under disqualifying conditions, the maximum benefit amount of
16 the individual's current claim is equal to the result of:
17 (A) the maximum benefit amount of the individual's current
18 claim determined under subdivision (2); multiplied by
19 (B) ninety percent (90%);
20 rounded (if not already a multiple of one dollar ($1)) to the next
21 higher dollar.
22 (c) The disqualifications provided in this section shall be subject to
23 the following modifications:
24 (1) An individual shall not be subject to disqualification because
25 of separation from the individual's employment if:
26 (A) the individual left to accept with another employer
27 previously secured permanent full-time work which offered
28 reasonable expectation of continued covered employment and
29 betterment of wages or working conditions and thereafter was
30 employed on said job;
31 (B) having been simultaneously employed by two (2)
32 employers, the individual leaves one (1) such employer
33 voluntarily without good cause in connection with the work
34 but remains in employment with the second employer with a
35 reasonable expectation of continued employment; or
36 (C) the individual left to accept recall made by a base period
37 employer.
38 (2) An individual whose unemployment is the result of medically
39 substantiated physical disability and who is involuntarily
40 unemployed after having made reasonable efforts to maintain the
41 employment relationship shall not be subject to disqualification
42 under this section for such separation.
HB 1001—LS 6280/DI 104 7
1 (3) An individual who left work to enter the armed forces of the
2 United States shall not be subject to disqualification under this
3 section for such leaving of work.
4 (4) An individual whose employment is terminated under the
5 compulsory retirement provision of a collective bargaining
6 agreement to which the employer is a party, or under any other
7 plan, system, or program, public or private, providing for
8 compulsory retirement and who is otherwise eligible shall not be
9 deemed to have left the individual's work voluntarily without
10 good cause in connection with the work. However, if such
11 individual subsequently becomes reemployed and thereafter
12 voluntarily leaves work without good cause in connection with the
13 work, the individual shall be deemed ineligible as outlined in this
14 section.
15 (5) An otherwise eligible individual shall not be denied benefits
16 for any week because the individual is in training approved under
17 Section 236(a)(1) of the Trade Act of 1974, nor shall the
18 individual be denied benefits by reason of leaving work to enter
19 such training, provided the work left is not suitable employment,
20 or because of the application to any week in training of provisions
21 in this law (or any applicable federal unemployment
22 compensation law), relating to availability for work, active search
23 for work, or refusal to accept work. For purposes of this
24 subdivision, the term "suitable employment" means with respect
25 to an individual, work of a substantially equal or higher skill level
26 than the individual's past adversely affected employment (as
27 defined for purposes of the Trade Act of 1974), and wages for
28 such work at not less than eighty percent (80%) of the individual's
29 average weekly wage as determined for the purposes of the Trade
30 Act of 1974.
31 (6) An individual is not subject to disqualification because of
32 separation from the individual's employment if:
33 (A) the employment was outside the individual's labor market;
34 (B) the individual left to accept previously secured full-time
35 work with an employer in the individual's labor market; and
36 (C) the individual actually became employed with the
37 employer in the individual's labor market.
38 (7) An individual who, but for the voluntary separation to move
39 to another labor market to join a spouse who had moved to that
40 labor market, shall not be disqualified for that voluntary
41 separation, if the individual is otherwise eligible for benefits.
42 Benefits paid to the spouse whose eligibility is established under
HB 1001—LS 6280/DI 104 8
1 this subdivision shall not be charged against the employer from
2 whom the spouse voluntarily separated.
3 (8) An individual shall not be subject to disqualification if the
4 individual voluntarily left employment or was discharged due to
5 circumstances directly caused by domestic or family violence (as
6 defined in IC 31-9-2-42). An individual who may be entitled to
7 benefits based on this modification may apply to the office of the
8 attorney general under IC 5-26.5 to have an address designated by
9 the office of the attorney general to serve as the individual's
10 address for purposes of this article.
11 (9) An individual shall not be subject to disqualification if the
12 individual:
13 (A) has requested an exemption from an employer's
14 COVID-19 immunization requirement;
15 (B) has complied with the requirements set forth in
16 IC 22-5-4.6; and
17 (C) was discharged from employment for failing or
18 refusing to receive an immunization against COVID-19.
19 As used in this subsection, "labor market" means the area surrounding
20 an individual's permanent residence, outside which the individual
21 cannot reasonably commute on a daily basis. In determining whether
22 an individual can reasonably commute under this subdivision, the
23 department shall consider the nature of the individual's job.
24 (d) "Discharge for just cause" as used in this section is defined to
25 include but not be limited to:
26 (1) separation initiated by an employer for falsification of an
27 employment application to obtain employment through
28 subterfuge;
29 (2) knowing violation of a reasonable and uniformly enforced rule
30 of an employer, including a rule regarding attendance;
31 (3) if an employer does not have a rule regarding attendance, an
32 individual's unsatisfactory attendance, if good cause for absences
33 or tardiness is not established;
34 (4) damaging the employer's property through willful negligence;
35 (5) refusing to obey instructions;
36 (6) reporting to work under the influence of alcohol or drugs or
37 consuming alcohol or drugs on employer's premises during
38 working hours;
39 (7) conduct endangering safety of self or coworkers;
40 (8) incarceration in jail following conviction of a misdemeanor or
41 felony by a court of competent jurisdiction;
42 (9) any breach of duty in connection with work which is
HB 1001—LS 6280/DI 104 9
1 reasonably owed an employer by an employee; or
2 (10) testing positive on a drug test under IC 16-27-2.5.
3 (e) To verify that domestic or family violence has occurred, an
4 individual who applies for benefits under subsection (c)(8) shall
5 provide one (1) of the following:
6 (1) A report of a law enforcement agency (as defined in
7 IC 10-13-3-10).
8 (2) A protection order issued under IC 34-26-5.
9 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
10 (4) An affidavit from a domestic violence service provider
11 verifying services provided to the individual by the domestic
12 violence service provider.
13 SECTION 11. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE
14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]:
16 Chapter 4.6. Exemptions from COVID-19 Immunization
17 Requirements
18 Sec. 0.5. (a) This chapter does not apply to the following:
19 (1) An employee when the employee is working in another
20 state, if the employer provides accommodations for a
21 COVID-19 immunization requirement for the employee in
22 accordance with:
23 (A) Title VII of the federal Civil Rights Act of 1964, as
24 amended (42 U.S.C. 2000e et seq.); and
25 (B) the Americans with Disabilities Act (42 U.S.C. 12101 et
26 seq.).
27 (2) An employer who has entered into a federally awarded or
28 amended contract, subcontract, or postsecondary grant as a
29 condition to receive federal funds, if:
30 (A) a COVID-19 immunization requirement is imposed on
31 parties that contract with the federal government under
32 federal law, federal regulation, or federal executive order;
33 (B) compliance with this chapter would result in a breach
34 of contract or a loss of federal funding;
35 (C) the employer provides accommodations for the
36 COVID-19 immunization requirement for an employee in
37 accordance with:
38 (i) Title VII of the federal Civil Rights Act of 1964, as
39 amended (42 U.S.C. 2000e et seq.); and
40 (ii) the Americans with Disabilities Act (42 U.S.C. 12101
41 et seq.); and
42 (D) an employer files with the secretary of state business
HB 1001—LS 6280/DI 104 10
1 services division evidence that:
2 (i) a COVID-19 immunization requirement is imposed on
3 parties that contract with the federal government under
4 federal law, federal regulation, or federal executive
5 order; and
6 (ii) the employer has entered into a federally awarded or
7 amended contract, subcontract, or postsecondary grant
8 as a condition to receive federal funds.
9 (b) Subsection (a)(2)(D) does not require an employer to disclose
10 confidential or proprietary information to the secretary of state.
11 An employer may redact any confidential or proprietary
12 information prior to submitting the evidence described in
13 subsection (a)(2)(D).
14 (c) The information collected or maintained by the secretary of
15 state under subsection (a)(2)(D) shall be:
16 (1) public information; and
17 (2) available electronically for inspection by the public.
18 Sec. 1. As used in this chapter, "COVID-19" has the meaning set
19 forth in IC 34-30-32-3.
20 Sec. 2. As used in this chapter, "employee" means an individual
21 who works for an employer on a full-time or part-time basis, either
22 paid or unpaid. The term includes:
23 (1) an independent contractor;
24 (2) a subcontractor; and
25 (3) a student who works as a trainee or an intern.
26 Sec. 3. As used in this chapter, "employer" means a sole
27 proprietor, corporation, partnership, limited liability company, or
28 other entity with one (1) or more employees. However, the term
29 does not include:
30 (1) an Indiana governmental entity (as defined in
31 IC 16-39-11-4.5); or
32 (2) the United States and its agencies and instrumentalities.
33 Sec. 4. As used in this chapter, "immunization" means the
34 treatment of an individual with a vaccine to produce immunity.
35 Sec. 5. (a) An employer may not impose a requirement that
36 employees receive an immunization against COVID-19 unless the
37 employer provides individual exemptions that allow an employee
38 to opt out of the requirement on the basis of any of the following:
39 (1) Medical reasons.
40 (2) Religious reasons.
41 (3) An employee has agreed to submit to testing for the
42 presence of COVID-19 in lieu of receiving an immunization
HB 1001—LS 6280/DI 104 11
1 against COVID-19 as set forth in subsection (b).
2 (4) An employee has immunity from COVID-19 acquired
3 from a prior infection with COVID-19.
4 (b) An employer may require an employee to submit to testing
5 for the presence of COVID-19 not more than once a week, if the
6 employee receives an exemption based on:
7 (1) medical reasons under subsection (a)(1);
8 (2) religious reasons under subsection (a)(2);
9 (3) an agreement to testing under subsection (a)(3); or
10 (4) immunity from COVID-19 acquired from a prior infection
11 with COVID-19 under subsection (a)(4).
12 (c) An employer may not require an employee who is required
13 to submit to testing for the presence of COVID-19 under this
14 section to pay for the cost of the test described in subsection (b).
15 Sec. 5.5. (a) As used in this section, "department" refers to the
16 department of workforce development established under
17 IC 22-4.1-2-1.
18 (b) An employer may seek reimbursement of the costs of a test
19 for the presence of COVID-19 taken by an employee under section
20 5(b) of this chapter that:
21 (1) has been approved by the federal Food and Drug
22 Administration; and
23 (2) is the least invasive testing option available.
24 (c) A reimbursement under subsection (b) shall be paid from
25 any state or federal funds that may be used for employee testing
26 for the presence of COVID-19.
27 (d) A reimbursement under subsection (b) may not exceed fifty
28 dollars ($50) per test.
29 (e) The department shall establish rules regarding the method
30 of distribution of the funds made available for employee testing for
31 the presence of COVID-19 under this section, including the
32 following:
33 (1) The timely distribution of funds.
34 (2) The verification and authentication of a request for
35 reimbursement under subsection (b).
36 (f) The department shall adopt rules under IC 4-22-2, including
37 emergency rules in the manner provided under IC 4-22-2-37.1, to
38 carry out the department's responsibilities under this section.
39 Notwithstanding IC 4-22-2-37.1(g)(2), the department may extend
40 an emergency rule adopted to carry out this section for not more
41 than two (2) extension periods.
42 (g) This section expires June 30, 2023.
HB 1001—LS 6280/DI 104 12
1 Sec. 6. (a) Unless an employer waives the documentation
2 requirements under this subsection, to claim an exemption based
3 on medical reasons, an employee must present to the employer an
4 exemption statement in writing, dated and signed by:
5 (1) a licensed physician;
6 (2) a licensed physician's assistant; or
7 (3) an advanced practice registered nurse;
8 who has examined the employee. The statement must provide that,
9 in the professional opinion of the licensed physician, licensed
10 physician's assistant, or advanced practice registered nurse, the
11 immunization against COVID-19 is medically contraindicated (as
12 defined in IC 16-18-2-223.7) for the employee.
13 (b) To claim an exemption based on religious reasons, an
14 employee must present to the employer an exemption statement in
15 writing indicating that the employee declines the immunization
16 against COVID-19 because of a sincerely held religious belief.
17 (c) Unless an employer waives the documentation requirements
18 under this subsection, to claim an exemption based on immunity
19 from COVID-19 acquired from a prior infection with COVID-19,
20 an employee must present to the employer the result of a
21 laboratory test performed on the employee that has been approved
22 by the federal Food and Drug Administration, including any of the
23 following:
24 (1) A polymerase chain reaction test (PCR) test.
25 (2) An antigen test.
26 (3) An antibody or serology test.
27 An employer may request that an employee submit a new
28 laboratory test result as described in this subsection not more than
29 once every six (6) months.
30 Sec. 7. If an employer receives a completed exemption statement
31 for an exemption based on:
32 (1) medical reasons;
33 (2) religious reasons; or
34 (3) immunity from COVID-19 acquired from a prior infection
35 with COVID-19;
36 in accordance with section 6 of this chapter, the employer must
37 allow the employee to opt out of the employer's COVID-19
38 immunization requirement as provided in section 5 of this chapter
39 without further inquiry.
40 Sec. 8. (a) Except as provided in subsection (b), an employer
41 may not take an adverse employment action against an employee
42 because the employee has requested or used an exemption based
HB 1001—LS 6280/DI 104 13
1 on:
2 (1) medical reasons under section 5(a)(1) of this chapter;
3 (2) religious reasons under section 5(a)(2) of this chapter;
4 (3) an employee's agreement to be subject to testing for the
5 presence of COVID-19 as set forth in section 5(a)(3) of this
6 chapter; or
7 (4) immunity from COVID-19 acquired from a prior infection
8 with COVID-19 under section 5(a)(4) of this chapter.
9 (b) An employer may take an adverse employment action
10 against an employee who:
11 (1) has agreed to be subject to testing for the presence of
12 COVID-19 as set forth in section 5(a)(3) of this chapter; and
13 (2) fails to comply with the agreement.
14 Sec. 9. A:
15 (1) contract;
16 (2) bid specification; or
17 (3) agreement;
18 entered into after March 31, 2022, may not contain a provision
19 requiring an employee to receive an immunization against
20 COVID-19 that limits in any way the rights and protections
21 provided to an employee under this chapter.
22 Sec. 10. Nothing in this chapter shall be construed to:
23 (1) require an employer to impose a requirement that
24 employees receive an immunization against COVID-19; or
25 (2) preclude an employer from allowing additional exemptions
26 from an employer's COVID-19 immunization requirement.
27 SECTION 12. IC 25-1-5.7 IS ADDED TO THE INDIANA CODE
28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
29 UPON PASSAGE]:
30 Chapter 5.7. Emergency Practitioner Temporary Licensing
31 Sec. 1. As used in this chapter, "board" has the meaning set
32 forth in IC 25-0.5-11-1.
33 Sec. 2. As used in this chapter, "license" includes a license,
34 certificate, registration, or permit.
35 Sec. 3. As used in this chapter, "licensing agency" means the
36 Indiana professional licensing agency created by IC 25-1-5-3.
37 Sec. 4. Notwithstanding any other law, the licensing agency shall
38 issue a temporary license to an individual if the individual satisfies
39 the following conditions:
40 (1) The individual applies for the temporary license in the
41 manner prescribed by the licensing agency.
42 (2) The individual has, within the past five (5) years, held:
HB 1001—LS 6280/DI 104 14
1 (A) a license issued by a board; or
2 (B) an equivalent license in another state;
3 to practice the profession.
4 (3) The individual remains in good standing with the board or
5 licensing agency and the license described in subdivision (2):
6 (A) was retired, surrendered, or otherwise inactivated by
7 the individual; and
8 (B) was not revoked, suspended, or relinquished by the
9 board or licensing agency.
10 Sec. 5. Notwithstanding any other law, the licensing agency shall
11 issue a temporary license to an individual who has an equivalent
12 license in another state to a license issued by a board if the
13 individual satisfies the following conditions:
14 (1) The individual applies for the temporary license in the
15 manner prescribed by the licensing agency.
16 (2) The individual remains in good standing and has not been
17 disciplined by the state that has jurisdiction to issue the
18 license.
19 Sec. 6. Notwithstanding any other law, the licensing agency shall
20 issue a temporary license to a recently graduated student if the
21 student satisfies the following conditions:
22 (1) The student applies for the temporary license in the
23 manner prescribed by the licensing agency.
24 (2) The student has successfully completed all required course
25 work at an accredited or approved school.
26 (3) The student has submitted a certificate of completion to
27 the licensing agency.
28 (4) The student has applied for any of the following:
29 (A) A physician assistant license under IC 25-27.5-4.
30 (B) A nurse license under IC 25-23.
31 (C) A respiratory care practitioner license under
32 IC 25-34.5.
33 (D) A pharmacist license under IC 25-26-13.
34 Sec. 7. The licensing agency shall post the following on the
35 licensing agency's Internet web site:
36 (1) The application for a temporary license described in
37 sections 4, 5, and 6 of this chapter.
38 (2) A list of the names of individuals who have been granted
39 a temporary license by the licensing agency under this
40 chapter.
41 Sec. 8. This chapter expires March 31, 2022.
42 SECTION 13. IC 34-18-3-2 IS AMENDED TO READ AS
HB 1001—LS 6280/DI 104 15
1 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
2 provided in subsection (b), for a health care provider to be qualified
3 under this article, the health care provider or the health care provider's
4 insurance carrier shall:
5 (1) cause to be filed with the commissioner proof of financial
6 responsibility established under IC 34-18-4; and
7 (2) pay the surcharge assessed on all health care providers under
8 IC 34-18-5.
9 (b) A health care provider who has a temporary license under
10 IC 16-31-11.5 or IC 25-1-5.7 is qualified under this article
11 regardless of whether the health care provider meets the other
12 requirements under this chapter. This subsection expires March
13 31, 2022.
14 SECTION 14. IC 34-18-3-3 IS AMENDED TO READ AS
15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
16 provided in subsection (b), the officers, agents, and employees of a
17 health care provider, while acting in the course and scope of their
18 employment, may be qualified under this chapter if the following
19 conditions are met:
20 (1) The officers, agents, and employees are individually named or
21 are members of a named class in the proof of financial
22 responsibility filed by the health care provider under IC 34-18-4.
23 (2) The surcharge assessed under IC 34-18-5 is paid.
24 (b) An officer, agent, or employee of a health care provider who
25 has a temporary license under IC 16-31-11.5 or IC 25-1-5.7 is
26 qualified under this article regardless of whether the officer, agent,
27 or employee meets the other requirements under this chapter. This
28 subsection expires March 31, 2022.
29 SECTION 15. IC 34-18-3-7 IS AMENDED TO READ AS
30 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The
31 commissioner shall adopt rules under IC 4-22-2 to establish the
32 following:
33 (1) Criteria for determining, upon application, whether a
34 corporation, limited liability company, partnership, or
35 professional corporation is subject to IC 34-18-2-14(7) and thus
36 is eligible to qualify as a health care provider under this chapter.
37 (2) The minimum annual aggregate insurance amount necessary
38 for the corporation, limited liability company, partnership, or
39 professional corporation to become qualified under
40 IC 34-18-2-14(7).
41 (b) The criteria to be established by rule under subsection (a)(1)
42 must include the identification of the health care purpose and function
HB 1001—LS 6280/DI 104 16
1 of the corporation, limited liability company, partnership, or
2 professional corporation.
3 (c) The minimum annual aggregate insurance amount to be set by
4 rule under subsection (a)(2) may not exceed five hundred thousand
5 dollars ($500,000).
6 (d) The commissioner may require a corporation, limited liability
7 company, partnership, or professional corporation that seeks to qualify
8 under IC 34-18-2-14(7) and this chapter to provide information
9 necessary to determine eligibility and to establish the minimum annual
10 aggregate amount applicable to the corporation, limited liability
11 company, partnership, or professional corporation.
12 (e) The commissioner may require a health care provider who
13 is qualified under section 2(b) of this chapter and an officer, agent,
14 and employee of a health care provider who is qualified under
15 section (3)(b) of this chapter to provide information necessary to
16 determine eligibility.
17 SECTION 16. An emergency is declared for this act.
HB 1001—LS 6280/DI 104 17
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1001, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, delete line 16, begin a new paragraph and insert:
"(c) This section expires on the date that the funds described in
subsection (a) are no longer available to the state.".
Page 3, between lines 30 and 31, begin a new paragraph and insert:
"SECTION 5. IC 16-31-11.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 11.5. Temporary Licensure of Retired and Inactive
Emergency Medical Services Personnel
Sec. 1. Notwithstanding any other provision of this article, the
commission shall issue a temporary license or certificate to an
individual to allow the individual to provide emergency medical
services if the individual satisfies the following conditions:
(1) The individual applies for the temporary license or
certificate in the manner prescribed by the commission.
(2) The individual has, within the past five (5) years, held:
(A) a certificate or license under this article; or
(B) an equivalent certificate or license in another state;
to provide emergency medical services.
(3) The individual remains in good standing with the issuing
entity and the license or certification described in subdivision
(2):
(A) was retired, surrendered, or otherwise inactivated by
the individual; and
(B) was not revoked, suspended, or relinquished by the
issuing entity.
Sec. 2. The commission shall post the following on the
department of homeland security's Internet web site:
(1) The application for a temporary license or certification
described in section 1 of this chapter.
(2) A list of the names of individuals who have been granted
a temporary license or certification by the commission under
this chapter.
Sec. 3. This chapter expires March 31, 2022.".
Page 4, between lines 19 and 20, begin a new paragraph and insert:
"SECTION 8. IC 22-4-2-41 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
HB 1001—LS 6280/DI 104 18
UPON PASSAGE]: Sec. 41. As used in this article, "COVID-19" has
the meaning set forth in IC 34-30-32-3.
SECTION 9. IC 22-4-2-42 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 42. As used in this article, "immunization"
means the treatment of an individual with a vaccine to produce
immunity.
SECTION 10. IC 22-4-11-1, AS AMENDED BY P.L.154-2013,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) For the purpose of charging employers'
experience or reimbursable accounts with regular benefits paid
subsequent to July 3, 1971, to any eligible individual but except as
provided in IC 22-4-22 and subsection subsections (f) and (i), such
benefits paid shall be charged proportionately against the experience
or reimbursable accounts of the individual's employers in the
individual's base period (on the basis of total wage credits established
in such base period) against whose accounts the maximum charges
specified in this section shall not have been previously made. Such
charges shall be made in the inverse chronological order in which the
wage credits of such individuals were established. However, when an
individual's claim has been computed for the purpose of determining
the individual's regular benefit rights, maximum regular benefit
amount, and the proportion of such maximum amount to be charged to
the experience or reimbursable accounts of respective chargeable
employers in the base period, the experience or reimbursable account
of any employer charged with regular benefits paid shall not be
credited or recredited with any portion of such maximum amount
because of any portion of such individual's wage credits remaining
uncharged at the expiration of the individual's benefit period. The
maximum so charged against the account of any employer shall not
exceed twenty-eight percent (28%) of the total wage credits of such
individual with each such employer with which wage credits were
established during such individual's base period. Benefits paid under
provisions of IC 22-4-22-3 in excess of the amount that the claimant
would have been monetarily eligible for under other provisions of this
article shall be paid from the fund and not charged to the experience
account of any employer. This exception shall not apply to those
employers electing to make payments in lieu of contributions who shall
be charged for the full amount of regular benefit payments and the part
of benefits not reimbursed by the federal government under the
Federal-State Extended Unemployment Compensation Act of 1970 that
are attributable to service in their employ. Irrespective of the
HB 1001—LS 6280/DI 104 19
twenty-eight percent (28%) maximum limitation provided for in this
section, the part of benefits not reimbursed by the federal government
under the Federal-State Extended Unemployment Compensation Act
of 1970 paid to an eligible individual based on service with a
governmental entity of this state or its political subdivisions shall be
charged to the experience or reimbursable accounts of the employers,
and the part of benefits not reimbursed by the federal government
under the Federal-State Extended Unemployment Compensation Act
of 1970 paid to an eligible individual shall be charged to the experience
or reimbursable accounts of the individual's employers in the
individual's base period, other than governmental entities of this state
or its political subdivisions, in the same proportion and sequence as are
provided in this section for regular benefits paid. Additional benefits
paid under IC 22-4-12-4(c) and benefits paid under IC 22-4-15-1(c)(8)
shall:
(1) be paid from the fund; and
(2) not be charged to the experience account or the reimbursable
account of any employer.
(b) If the aggregate of wages paid to an individual by two (2) or
more employers during the same calendar quarter exceeds the
maximum wage credits (as defined in IC 22-4-4-3) then the experience
or reimbursable account of each such employer shall be charged in the
ratio which the amount of wage credits from such employer bears to the
total amount of wage credits during the base period.
(c) When wage records show that an individual has been employed
by two (2) or more employers during the same calendar quarter of the
base period but do not indicate both that such employment was
consecutive and the order of sequence thereof, then and in such cases
it shall be deemed that the employer with whom the individual
established a plurality of wage credits in such calendar quarter is the
most recent employer in such quarter and its experience or
reimbursable account shall be first charged with benefits paid to such
individual. The experience or reimbursable account of the employer
with whom the next highest amount of wage credits were established
shall be charged secondly and the experience or reimbursable accounts
of other employers during such quarters, if any, shall likewise be
charged in order according to plurality of wage credits established by
such individual.
(d) Except as provided in subsection (f) or section 1.5 of this
chapter, if an individual:
(1) voluntarily leaves an employer without good cause in
connection with the work; or
HB 1001—LS 6280/DI 104 20
(2) is discharged from an employer for just cause;
wage credits earned with the employer from whom the employee has
separated under these conditions shall be used to compute the
claimant's eligibility for benefits, but charges based on such wage
credits shall be paid from the fund and not charged to the experience
account of any employer. However, this exception shall not apply to
those employers who elect to make payments in lieu of contributions,
who shall be charged for all benefit payments which are attributable to
service in their employ.
(e) Any nonprofit organization which elects to make payments in
lieu of contributions into the unemployment compensation fund as
provided in this article is not liable to make the payments with respect
to the benefits paid to any individual whose base period wages include
wages for previously uncovered services as defined in IC 22-4-4-4, nor
is the experience account of any other employer liable for charges for
benefits paid the individual to the extent that the unemployment
compensation fund is reimbursed for these benefits pursuant to Section
121 of P.L.94-566. Payments which otherwise would have been
chargeable to the reimbursable or contributing employers shall be
charged to the fund.
(f) If an individual:
(1) earns wages during the individual's base period through
employment with two (2) or more employers concurrently;
(2) is separated from work by one (1) of the employers for reasons
that would not result in disqualification under IC 22-4-15-1; and
(3) continues to work for one (1) or more of the other employers
after the end of the base period and continues to work during the
applicable benefit year on substantially the same basis as during
the base period;
wage credits earned with the base period employers shall be used to
compute the claimant's eligibility for benefits, but charges based on the
wage credits from the employer who continues to employ the individual
shall be charged to the experience or reimbursable account of the
separating employer.
(g) Subsection (f) does not affect the eligibility of a claimant who
otherwise qualifies for benefits nor the computation of benefits.
(h) Unemployment benefits paid shall not be charged to the
experience account of a base period employer when the claimant's
unemployment from the employer was a direct result of the
condemnation of property by a municipal corporation (as defined in
IC 36-1-2-10), the state, or the federal government, a fire, a flood, or an
act of nature, when at least fifty percent (50%) of the employer's
HB 1001—LS 6280/DI 104 21
employees, including the claimant, became unemployed as a result.
This exception does not apply when the unemployment was an
intentional result of the employer or a person acting on behalf of the
employer.
(i) This subsection applies to an individual who has requested an
exemption from an employer's COVID-19 immunization
requirement and has complied with the requirements set forth in
IC 22-5-4.6. If an individual:
(1) earns wages during the individual's base period through
employment with two (2) or more employers; and
(2) is separated from work by an employer for failing or
refusing to receive an immunization against COVID-19;
wage credits earned with the base period employers shall be used
to compute the claimant's eligibility for benefits, but charges based
on the wage credits shall only be charged to the experience or
reimbursable account of the separating employer described in
subdivision (2).
SECTION 11. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred and
until:
(1) the individual has earned remuneration in employment in at
least eight (8) weeks; and
(2) the remuneration earned equals or exceeds the product of the
weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
(1) For the first separation from employment under disqualifying
conditions, the maximum benefit amount of the individual's
current claim is equal to the result of:
HB 1001—LS 6280/DI 104 22
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from employment
under disqualifying conditions, the maximum benefit amount of
the individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
HB 1001—LS 6280/DI 104 23
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
HB 1001—LS 6280/DI 104 24
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). An individual who may be entitled to
benefits based on this modification may apply to the office of the
attorney general under IC 5-26.5 to have an address designated by
the office of the attorney general to serve as the individual's
address for purposes of this article.
(9) An individual shall not be subject to disqualification if the
individual:
(A) has requested an exemption from an employer's
COVID-19 immunization requirement;
(B) has complied with the requirements set forth in
IC 22-5-4.6; and
(C) was discharged from employment for failing or
refusing to receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if good cause for absences
or tardiness is not established;
(4) damaging the employer's property through willful negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers;
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction;
(9) any breach of duty in connection with work which is
HB 1001—LS 6280/DI 104 25
reasonably owed an employer by an employee; or
(10) testing positive on a drug test under IC 16-27-2.5.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.".
Page 4, between lines 24 and 25, begin a new paragraph and insert:
"Sec. 0.5. (a) This chapter does not apply to the following:
(1) An employee when the employee is working in another
state, if the employer provides accommodations for a
COVID-19 immunization requirement for the employee in
accordance with:
(A) Title VII of the federal Civil Rights Act of 1964, as
amended (42 U.S.C. 2000e et seq.); and
(B) the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.).
(2) An employer who has entered into a federally awarded or
amended contract, subcontract, or postsecondary grant as a
condition to receive federal funds, if:
(A) a COVID-19 immunization requirement is imposed on
parties that contract with the federal government under
federal law, federal regulation, or federal executive order;
(B) compliance with this chapter would result in a breach
of contract or a loss of federal funding;
(C) the employer provides accommodations for the
COVID-19 immunization requirement for an employee in
accordance with:
(i) Title VII of the federal Civil Rights Act of 1964, as
amended (42 U.S.C. 2000e et seq.); and
(ii) the Americans with Disabilities Act (42 U.S.C. 12101
et seq.); and
(D) an employer files with the secretary of state business
services division evidence that:
(i) a COVID-19 immunization requirement is imposed on
parties that contract with the federal government under
federal law, federal regulation, or federal executive
HB 1001—LS 6280/DI 104 26
order; and
(ii) the employer has entered into a federally awarded or
amended contract, subcontract, or postsecondary grant
as a condition to receive federal funds.
(b) Subsection (a)(2)(D) does not require an employer to disclose
confidential or proprietary information to the secretary of state.
An employer may redact any confidential or proprietary
information prior to submitting the evidence described in
subsection (a)(2)(D).
(c) The information collected or maintained by the secretary of
state under subsection (a)(2)(D) shall be:
(1) public information; and
(2) available electronically for inspection by the public.".
Page 4, delete lines 27 through 29, begin a new paragraph and
insert:
"Sec. 2. As used in this chapter, "employee" means an individual
who works for an employer on a full-time or part-time basis, either
paid or unpaid. The term includes:
(1) an independent contractor;
(2) a subcontractor; and
(3) a student who works as a trainee or an intern.".
Page 4, delete lines 39 through 42, begin a new paragraph and
insert:
"Sec. 5. (a) 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 any of the following:
(1) Medical reasons.
(2) Religious reasons.
(3) An employee has agreed to submit to testing for the
presence of COVID-19 in lieu of receiving an immunization
against COVID-19 as set forth in subsection (b).
(4) An employee has immunity from COVID-19 acquired
from a prior infection with COVID-19.
(b) An employer may require an employee to submit to testing
for the presence of COVID-19 not more than once a week, if the
employee receives an exemption based on:
(1) medical reasons under subsection (a)(1);
(2) religious reasons under subsection (a)(2);
(3) an agreement to testing under subsection (a)(3); or
(4) immunity from COVID-19 acquired from a prior infection
with COVID-19 under subsection (a)(4).
HB 1001—LS 6280/DI 104 27
(c) An employer may not require an employee who is required
to submit to testing for the presence of COVID-19 under this
section to pay for the cost of the test described in subsection (b).".
Page 5, delete lines 1 through 22, begin a new paragraph and insert:
"Sec. 5.5. (a) As used in this section, "department" refers to the
department of workforce development established under
IC 22-4.1-2-1.
(b) An employer may seek reimbursement of the costs of a test
for the presence of COVID-19 taken by an employee under section
5(b) of this chapter that:
(1) has been approved by the federal Food and Drug
Administration; and
(2) is the least invasive testing option available.
(c) A reimbursement under subsection (b) shall be paid from
any state or federal funds that may be used for employee testing
for the presence of COVID-19.
(d) A reimbursement under subsection (b) may not exceed fifty
dollars ($50) per test.
(e) The department shall establish rules regarding the method
of distribution of the funds made available for employee testing for
the presence of COVID-19 under this section, including the
following:
(1) The timely distribution of funds.
(2) The verification and authentication of a request for
reimbursement under subsection (b).
(f) The department shall adopt rules under IC 4-22-2, including
emergency rules in the manner provided under IC 4-22-2-37.1, to
carry out the department's responsibilities under this section.
Notwithstanding IC 4-22-2-37.1(g)(2), the department may extend
an emergency rule adopted to carry out this section for not more
than two (2) extension periods.
(g) This section expires June 30, 2023.".
Page 5, delete lines 39 through 42, begin a new paragraph and
insert:
"(c) Unless an employer waives the documentation requirements
under this subsection, to claim an exemption based on immunity
from COVID-19 acquired from a prior infection with COVID-19,
an employee must present to the employer the result of a
laboratory test performed on the employee that has been approved
by the federal Food and Drug Administration, including any of the
following:
(1) A polymerase chain reaction test (PCR) test.
HB 1001—LS 6280/DI 104 28
(2) An antigen test.
(3) An antibody or serology test.
An employer may request that an employee submit a new
laboratory test result as described in this subsection not more than
once every six (6) months.".
Page 6, delete lines 1 through 7.
Page 6, delete line 12, begin a new line block indented and insert:
"(3) immunity from COVID-19 acquired from a prior
infection with COVID-19;".
Page 6, line 24, delete "5(b)(1)" and insert "5(a)(3)".
Page 6, delete lines 26 through 27, begin a new line block indented
and insert:
"(4) immunity from COVID-19 acquired from a prior
infection with COVID-19 under section 5(a)(4) of this
chapter.".
Page 6, line 31, delete "5(b)(1)" and insert "5(a)(3)".
Page 6, between lines 37 and 38, begin a new paragraph and insert:
"SECTION 13. IC 25-1-5.7 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 5.7. Emergency Practitioner Temporary Licensing
Sec. 1. As used in this chapter, "board" has the meaning set
forth in IC 25-0.5-11-1.
Sec. 2. As used in this chapter, "license" includes a license,
certificate, registration, or permit.
Sec. 3. As used in this chapter, "licensing agency" means the
Indiana professional licensing agency created by IC 25-1-5-3.
Sec. 4. Notwithstanding any other law, the licensing agency shall
issue a temporary license to an individual if the individual satisfies
the following conditions:
(1) The individual applies for the temporary license in the
manner prescribed by the licensing agency.
(2) The individual has, within the past five (5) years, held:
(A) a license issued by a board; or
(B) an equivalent license in another state;
to practice the profession.
(3) The individual remains in good standing with the board or
licensing agency and the license described in subdivision (2):
(A) was retired, surrendered, or otherwise inactivated by
the individual; and
(B) was not revoked, suspended, or relinquished by the
board or licensing agency.
HB 1001—LS 6280/DI 104 29
Sec. 5. Notwithstanding any other law, the licensing agency shall
issue a temporary license to an individual who has an equivalent
license in another state to a license issued by a board if the
individual satisfies the following conditions:
(1) The individual applies for the temporary license in the
manner prescribed by the licensing agency.
(2) The individual remains in good standing and has not been
disciplined by the state that has jurisdiction to issue the
license.
Sec. 6. Notwithstanding any other law, the licensing agency shall
issue a temporary license to a recently graduated student if the
student satisfies the following conditions:
(1) The student applies for the temporary license in the
manner prescribed by the licensing agency.
(2) The student has successfully completed all required course
work at an accredited or approved school.
(3) The student has submitted a certificate of completion to
the licensing agency.
(4) The student has applied for any of the following:
(A) A physician assistant license under IC 25-27.5-4.
(B) A nurse license under IC 25-23.
(C) A respiratory care practitioner license under
IC 25-34.5.
(D) A pharmacist license under IC 25-26-13.
Sec. 7. The licensing agency shall post the following on the
licensing agency's Internet web site:
(1) The application for a temporary license described in
sections 4, 5, and 6 of this chapter.
(2) A list of the names of individuals who have been granted
a temporary license by the licensing agency under this
chapter.
Sec. 8. This chapter expires March 31, 2022.
SECTION 14. IC 34-18-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
provided in subsection (b), for a health care provider to be qualified
under this article, the health care provider or the health care provider's
insurance carrier shall:
(1) cause to be filed with the commissioner proof of financial
responsibility established under IC 34-18-4; and
(2) pay the surcharge assessed on all health care providers under
IC 34-18-5.
(b) A health care provider who has a temporary license under
HB 1001—LS 6280/DI 104 30
IC 16-31-11.5 or IC 25-1-5.7 is qualified under this article
regardless of whether the health care provider meets the other
requirements under this chapter. This subsection expires March
31, 2022.
SECTION 15. IC 34-18-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
provided in subsection (b), the officers, agents, and employees of a
health care provider, while acting in the course and scope of their
employment, may be qualified under this chapter if the following
conditions are met:
(1) The officers, agents, and employees are individually named or
are members of a named class in the proof of financial
responsibility filed by the health care provider under IC 34-18-4.
(2) The surcharge assessed under IC 34-18-5 is paid.
(b) An officer, agent, or employee of a health care provider who
has a temporary license under IC 16-31-11.5 or IC 25-1-5.7 is
qualified under this article regardless of whether the officer, agent,
or employee meets the other requirements under this chapter. This
subsection expires March 31, 2022.
SECTION 16. IC 34-18-3-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The
commissioner shall adopt rules under IC 4-22-2 to establish the
following:
(1) Criteria for determining, upon application, whether a
corporation, limited liability company, partnership, or
professional corporation is subject to IC 34-18-2-14(7) and thus
is eligible to qualify as a health care provider under this chapter.
(2) The minimum annual aggregate insurance amount necessary
for the corporation, limited liability company, partnership, or
professional corporation to become qualified under
IC 34-18-2-14(7).
(b) The criteria to be established by rule under subsection (a)(1)
must include the identification of the health care purpose and function
of the corporation, limited liability company, partnership, or
professional corporation.
(c) The minimum annual aggregate insurance amount to be set by
rule under subsection (a)(2) may not exceed five hundred thousand
dollars ($500,000).
(d) The commissioner may require a corporation, limited liability
company, partnership, or professional corporation that seeks to qualify
under IC 34-18-2-14(7) and this chapter to provide information
necessary to determine eligibility and to establish the minimum annual
HB 1001—LS 6280/DI 104 31
aggregate amount applicable to the corporation, limited liability
company, partnership, or professional corporation.
(e) The commissioner may require a health care provider who
is qualified under section 2(b) of this chapter and an officer, agent,
and employee of a health care provider who is qualified under
section (3)(b) of this chapter to provide information necessary to
determine eligibility.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1001 as introduced.)
VANNATTER
Committee Vote: yeas 7, nays 4.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1001 be amended to read as
follows:
Page 5, delete lines 18 through 42.
Delete pages 6 through 7.
Page 8, delete lines 1 through 27.
Renumber all SECTIONS consecutively.
(Reference is to HB 1001 as printed January 6, 2022.)
LEONARD
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1001 be amended to read as
follows:
Page 16, between lines 23 and 24, begin a new paragraph and insert:
"Sec. 9. A:
(1) contract;
(2) bid specification; or
(3) agreement;
entered into after March 31, 2022, may not contain a provision
HB 1001—LS 6280/DI 104 32
requiring an employee to receive an immunization against
COVID-19 that limits in any way the rights and protections
provided to an employee under this chapter.".
Page 16, line 24, delete "9." and insert "10.".
(Reference is to HB 1001 as printed January 6, 2022.)
GOODRICH
HB 1001—LS 6280/DI 104