*EH1001.2* Reprinted February 25, 2022 ENGROSSED HOUSE BILL No. 1001 _____ DIGEST OF HB 1001 (Updated February 24, 2022 3:18 pm - DI 104) Citations Affected: IC 12-8; IC 12-14; IC 16-18; IC 16-19; IC 16-39; IC 22-4; IC 22-5. 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 (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 (SENATE SPONSORS — MESSMER, CHA RBONNEAU, DORIOT) 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. January 14, 2022, engrossed. January 18, 2022, read third time, passed. Yeas 58, nays 35. SENATE ACTION February 1, 2022, read first time and referred to Committee on Health and Provider Services. February 17, 2022, amended, reported favorably — Do Pass. February 24, 2022, read second time, amended, ordered engrossed. EH 1001—LS 6280/DI 104 Digest Continued rules if the secretary determines that the waiver is necessary to claim certain enhanced federal matching funds available to the Medicaid program. Allows the secretary to issue an emergency declaration for purposes of participating in specified authorized federal Supplemental Nutrition Assistance Program (SNAP) emergency allotments. Requires the secretary to prepare and submit any waivers or emergency declarations to the budget committee. Allows the state health commissioner of the state department of health or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense certain immunizations for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old). Defines "Indiana governmental entity" and specifies that an Indiana governmental entity (current law refers to a state or local unit) may not issue or require an immunization passport. Provides that an individual is not disqualified from unemployment benefits if the individual has complied with the requirements for seeking an exemption from an employer's COVID-19 immunization requirements and was discharged from employment for failing or refusing to receive an immunization against COVID-19. Provides that an employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of medical reasons, religious reasons, or immunity from COVID-19 acquired from a prior infection with COVID-19. EH 1001—LS 6280/DI 104EH 1001—LS 6280/DI 104 Reprinted February 25, 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. ENGROSSED 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 EH 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 day after the date that the funds 6 described in subsection (a)(1) through (a)(3) are no longer 7 available to the state. 8 SECTION 2. IC 12-14-30-7 IS ADDED TO THE INDIANA CODE 9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 10 UPON PASSAGE]: Sec. 7. (a) The secretary may issue an 11 emergency declaration for the purpose of participating in SNAP 12 emergency allotments authorized under the federal Families First 13 Coronavirus Response Act. 14 (b) The secretary shall prepare and submit a report to the 15 budget committee when any emergency declaration is issued under 16 this section. 17 (c) This section expires April 16, 2022. 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, EH 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 consent of the parent or guardian 30 as required under IC 16-36-1. 31 This subsection expires at the conclusion of the federal public 32 health emergency concerning COVID-19 that was renewed on 33 October 15, 2021, or any subsequent renewal of the declared 34 federal public health emergency concerning COVID-19. 35 SECTION 5. IC 16-39-11-3, AS ADDED BY P.L.196-2021, 36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 UPON PASSAGE]: Sec. 3. As used in this chapter, "immunization 38 passport" means written, electronic, or printed information regarding 39 an individual's immunization status against COVID-19. 40 SECTION 6. IC 16-39-11-4.5 IS ADDED TO THE INDIANA 41 CODE AS A NEW SECTION TO READ AS FOLLOWS 42 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this EH 1001—LS 6280/DI 104 4 1 chapter, "Indiana governmental entity" means: 2 (1) the state (as defined in IC 5-11-1-16(b)); 3 (2) a state educational institution (as defined in 4 IC 21-7-13-32); 5 (3) a political subdivision (as defined in IC 36-1-2-13); or 6 (4) a public school corporation (as defined in IC 4-4-38.5-6.2). 7 (b) The term does not include the following: 8 (1) A state institution (as defined in IC 12-7-2-184). 9 (2) A hospital organized or operated under IC 16-22-1 10 through IC 16-22-5, IC 16-22-8, or IC 16-23-1. 11 SECTION 7. IC 16-39-11-5, AS ADDED BY P.L.196-2021, 12 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 13 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b), 14 the state or a local unit an Indiana governmental entity may not issue 15 or require an immunization passport. 16 (b) This section does not prohibit the state or a local unit an 17 Indiana governmental entity from doing any of the following: 18 (1) Maintaining, creating, or storing a medical record of an 19 individual's immunization status. 20 (2) Providing a medical record of an individual's immunization 21 status to the individual's medical provider in accordance with the 22 federal Health Insurance Portability and Accountability Act 23 (HIPAA) (P.L.104-191). 24 (3) Providing the individual with a record of an immunization at 25 the time the individual receives the immunization or upon request 26 by the individual. 27 (4) Maintaining an immunization record for the purpose of public 28 health administration. 29 SECTION 8. IC 22-4-15-1, AS AMENDED BY P.L.224-2017, 30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent 32 separation from employment before filing an initial or additional claim 33 for benefits, an individual who voluntarily left the employment without 34 good cause in connection with the work or was discharged from the 35 employment for just cause is ineligible for waiting period or benefit 36 rights for the week in which the disqualifying separation occurred and 37 until: 38 (1) the individual has earned remuneration in employment in at 39 least eight (8) weeks; and 40 (2) the remuneration earned equals or exceeds the product of the 41 weekly benefit amount multiplied by eight (8). 42 If the qualification amount has not been earned at the expiration of an EH 1001—LS 6280/DI 104 5 1 individual's benefit period, the unearned amount shall be carried 2 forward to an extended benefit period or to the benefit period of a 3 subsequent claim. 4 (b) When it has been determined that an individual has been 5 separated from employment under disqualifying conditions as outlined 6 in this section, the maximum benefit amount of the individual's current 7 claim, as initially determined, shall be reduced by an amount 8 determined as follows: 9 (1) For the first separation from employment under disqualifying 10 conditions, the maximum benefit amount of the individual's 11 current claim is equal to the result of: 12 (A) the maximum benefit amount of the individual's current 13 claim, as initially determined; multiplied by 14 (B) seventy-five percent (75%); 15 rounded (if not already a multiple of one dollar ($1)) to the next 16 higher dollar. 17 (2) For the second separation from employment under 18 disqualifying conditions, the maximum benefit amount of the 19 individual's current claim is equal to the result of: 20 (A) the maximum benefit amount of the individual's current 21 claim determined under subdivision (1); multiplied by 22 (B) eighty-five percent (85%); 23 rounded (if not already a multiple of one dollar ($1)) to the next 24 higher dollar. 25 (3) For the third and any subsequent separation from employment 26 under disqualifying conditions, the maximum benefit amount of 27 the individual's current claim is equal to the result of: 28 (A) the maximum benefit amount of the individual's current 29 claim determined under subdivision (2); multiplied by 30 (B) ninety percent (90%); 31 rounded (if not already a multiple of one dollar ($1)) to the next 32 higher dollar. 33 (c) The disqualifications provided in this section shall be subject to 34 the following modifications: 35 (1) An individual shall not be subject to disqualification because 36 of separation from the individual's employment if: 37 (A) the individual left to accept with another employer 38 previously secured permanent full-time work which offered 39 reasonable expectation of continued covered employment and 40 betterment of wages or working conditions and thereafter was 41 employed on said job; 42 (B) having been simultaneously employed by two (2) EH 1001—LS 6280/DI 104 6 1 employers, the individual leaves one (1) such employer 2 voluntarily without good cause in connection with the work 3 but remains in employment with the second employer with a 4 reasonable expectation of continued employment; or 5 (C) the individual left to accept recall made by a base period 6 employer. 7 (2) An individual whose unemployment is the result of medically 8 substantiated physical disability and who is involuntarily 9 unemployed after having made reasonable efforts to maintain the 10 employment relationship shall not be subject to disqualification 11 under this section for such separation. 12 (3) An individual who left work to enter the armed forces of the 13 United States shall not be subject to disqualification under this 14 section for such leaving of work. 15 (4) An individual whose employment is terminated under the 16 compulsory retirement provision of a collective bargaining 17 agreement to which the employer is a party, or under any other 18 plan, system, or program, public or private, providing for 19 compulsory retirement and who is otherwise eligible shall not be 20 deemed to have left the individual's work voluntarily without 21 good cause in connection with the work. However, if such 22 individual subsequently becomes reemployed and thereafter 23 voluntarily leaves work without good cause in connection with the 24 work, the individual shall be deemed ineligible as outlined in this 25 section. 26 (5) An otherwise eligible individual shall not be denied benefits 27 for any week because the individual is in training approved under 28 Section 236(a)(1) of the Trade Act of 1974, nor shall the 29 individual be denied benefits by reason of leaving work to enter 30 such training, provided the work left is not suitable employment, 31 or because of the application to any week in training of provisions 32 in this law (or any applicable federal unemployment 33 compensation law), relating to availability for work, active search 34 for work, or refusal to accept work. For purposes of this 35 subdivision, the term "suitable employment" means with respect 36 to an individual, work of a substantially equal or higher skill level 37 than the individual's past adversely affected employment (as 38 defined for purposes of the Trade Act of 1974), and wages for 39 such work at not less than eighty percent (80%) of the individual's 40 average weekly wage as determined for the purposes of the Trade 41 Act of 1974. 42 (6) An individual is not subject to disqualification because of EH 1001—LS 6280/DI 104 7 1 separation from the individual's employment if: 2 (A) the employment was outside the individual's labor market; 3 (B) the individual left to accept previously secured full-time 4 work with an employer in the individual's labor market; and 5 (C) the individual actually became employed with the 6 employer in the individual's labor market. 7 (7) An individual who, but for the voluntary separation to move 8 to another labor market to join a spouse who had moved to that 9 labor market, shall not be disqualified for that voluntary 10 separation, if the individual is otherwise eligible for benefits. 11 Benefits paid to the spouse whose eligibility is established under 12 this subdivision shall not be charged against the employer from 13 whom the spouse voluntarily separated. 14 (8) An individual shall not be subject to disqualification if the 15 individual voluntarily left employment or was discharged due to 16 circumstances directly caused by domestic or family violence (as 17 defined in IC 31-9-2-42). An individual who may be entitled to 18 benefits based on this modification may apply to the office of the 19 attorney general under IC 5-26.5 to have an address designated by 20 the office of the attorney general to serve as the individual's 21 address for purposes of this article. 22 (9) An individual shall not be subject to disqualification if the 23 individual: 24 (A) has requested an exemption from an employer's 25 COVID-19 immunization requirement; 26 (B) has complied with the requirements set forth in 27 IC 22-5-4.6; and 28 (C) was discharged from employment for failing or 29 refusing to receive an immunization against COVID-19. 30 As used in this subsection, "labor market" means the area surrounding 31 an individual's permanent residence, outside which the individual 32 cannot reasonably commute on a daily basis. In determining whether 33 an individual can reasonably commute under this subdivision, the 34 department shall consider the nature of the individual's job. 35 (d) "Discharge for just cause" as used in this section is defined to 36 include but not be limited to: 37 (1) separation initiated by an employer for falsification of an 38 employment application to obtain employment through 39 subterfuge; 40 (2) knowing violation of a reasonable and uniformly enforced rule 41 of an employer, including a rule regarding attendance; 42 (3) if an employer does not have a rule regarding attendance, an EH 1001—LS 6280/DI 104 8 1 individual's unsatisfactory attendance, if good cause for absences 2 or tardiness is not established; 3 (4) damaging the employer's property through willful negligence; 4 (5) refusing to obey instructions; 5 (6) reporting to work under the influence of alcohol or drugs or 6 consuming alcohol or drugs on employer's premises during 7 working hours; 8 (7) conduct endangering safety of self or coworkers; 9 (8) incarceration in jail following conviction of a misdemeanor or 10 felony by a court of competent jurisdiction; 11 (9) any breach of duty in connection with work which is 12 reasonably owed an employer by an employee; or 13 (10) testing positive on a drug test under IC 16-27-2.5. 14 (e) To verify that domestic or family violence has occurred, an 15 individual who applies for benefits under subsection (c)(8) shall 16 provide one (1) of the following: 17 (1) A report of a law enforcement agency (as defined in 18 IC 10-13-3-10). 19 (2) A protection order issued under IC 34-26-5. 20 (3) A foreign protection order (as defined in IC 34-6-2-48.5). 21 (4) An affidavit from a domestic violence service provider 22 verifying services provided to the individual by the domestic 23 violence service provider. 24 SECTION 9. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE 25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 26 UPON PASSAGE]: 27 Chapter 4.6. Exemptions from COVID-19 Immunization 28 Requirements 29 Sec. 0.5. (a) This chapter does not apply to the following: 30 (1) An employee when the employee is working in another 31 state, if the employer provides accommodations for a 32 COVID-19 immunization requirement for the employee in 33 accordance with: 34 (A) Title VII of the federal Civil Rights Act of 1964, as 35 amended (42 U.S.C. 2000e et seq.); and 36 (B) the Americans with Disabilities Act (42 U.S.C. 12101 et 37 seq.). 38 (2) An employer who has entered into a federally awarded or 39 amended contract, subcontract, or postsecondary grant as a 40 condition to receive federal funds, if: 41 (A) a COVID-19 immunization requirement is imposed on 42 parties that contract with the federal government under EH 1001—LS 6280/DI 104 9 1 federal law, federal regulation, or federal executive order; 2 (B) compliance with this chapter would result in a breach 3 of contract or a loss of federal funding; 4 (C) the employer provides accommodations for the 5 COVID-19 immunization requirement for an employee in 6 accordance with: 7 (i) Title VII of the federal Civil Rights Act of 1964, as 8 amended (42 U.S.C. 2000e et seq.); and 9 (ii) the Americans with Disabilities Act (42 U.S.C. 12101 10 et seq.); and 11 (D) an employer files with the secretary of state business 12 services division evidence that: 13 (i) a COVID-19 immunization requirement is imposed on 14 parties that contract with the federal government under 15 federal law, federal regulation, or federal executive 16 order; and 17 (ii) the employer has entered into a federally awarded or 18 amended contract, subcontract, or postsecondary grant 19 as a condition to receive federal funds. 20 (3) A health care facility that is subject to a federal 21 immunization requirement against COVID-19 for the health 22 care facility's employees. 23 (4) An employer or employee when: 24 (A) the employer operates: 25 (i) a professional sports organization; or 26 (ii) an entertainment organization or venue engaged in 27 producing or presenting musical, theatrical, or other 28 types of cultural entertainment; 29 (B) employees of the employer work in close proximity to 30 the live sports or entertainment; and 31 (C) the employer provides accommodations for a 32 COVID-19 immunization requirement for employees in 33 accordance with: 34 (i) Title VII of the federal Civil Rights Act of 1964 (42 35 U.S.C. 2000e et seq.); and 36 (ii) the Americans with Disabilities Act (42 U.S.C. 12101 37 et seq.). 38 (b) Subsection (a)(2)(D) does not require an employer to disclose 39 confidential or proprietary information to the secretary of state. 40 An employer may redact any confidential or proprietary 41 information prior to submitting the evidence described in 42 subsection (a)(2)(D). EH 1001—LS 6280/DI 104 10 1 (c) The information collected or maintained by the secretary of 2 state under subsection (a)(2)(D) shall be: 3 (1) public information; and 4 (2) available electronically for inspection by the public. 5 Sec. 1. As used in this chapter, "COVID-19" has the meaning set 6 forth in IC 34-30-32-3. 7 Sec. 2. As used in this chapter, "employee" means an individual 8 who works for an employer on a full-time or part-time basis, either 9 paid or unpaid. The term includes: 10 (1) an independent contractor; 11 (2) a subcontractor; and 12 (3) a student who works as a trainee or an intern. 13 Sec. 3. As used in this chapter, "employer" means a sole 14 proprietor, corporation, partnership, limited liability company, or 15 other entity with one (1) or more employees. However, the term 16 does not include the United States and its agencies and 17 instrumentalities. 18 Sec. 4. As used in this chapter, "immunization" means the 19 treatment of an individual with a vaccine to produce immunity. 20 Sec. 5. (a) An employer may not impose a requirement that 21 employees receive an immunization against COVID-19 unless the 22 employer provides individual exemptions that allow an employee 23 to opt out of the requirement on the basis of any of the following: 24 (1) Medical reasons. 25 (2) Religious reasons. 26 (3) An employee has immunity from COVID-19 acquired 27 from a prior infection with COVID-19. 28 (b) Subject to subsection (c), an employer may require an 29 employee to submit to testing for the presence of COVID-19 not 30 more than twice a week, if the employee receives an exemption 31 based on: 32 (1) medical reasons under subsection (a)(1); 33 (2) religious reasons under subsection (a)(2); or 34 (3) immunity from COVID-19 acquired from a prior infection 35 with COVID-19 under subsection (a)(3). 36 (c) An employer may not require a test for the presence of 37 COVID-19 unless the test: 38 (1) has been approved by the federal Food and Drug 39 Administration; 40 (2) is the least invasive testing option available; and 41 (3) does not create an undue burden on the employee to 42 receive the test. EH 1001—LS 6280/DI 104 11 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 three (3) months. 30 Sec. 7. (a) If an employer receives a completed exemption 31 statement for an exemption based on: 32 (1) medical reasons; or 33 (2) immunity from COVID-19 acquired from a prior infection 34 with COVID-19; 35 in accordance with section 6 of this chapter, the employer must 36 allow the employee to opt out of the employer's COVID-19 37 immunization requirement as provided in section 5 of this chapter 38 without further inquiry. 39 (b) If an employer receives a completed exemption statement for 40 an exemption based on religious reasons in accordance with section 41 6(b) of this chapter, the employer must make a religious 42 accommodation in compliance with Title VII of the federal Civil EH 1001—LS 6280/DI 104 12 1 Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans 2 with Disabilities Act (42 U.S.C. 12101 et seq.). 3 Sec. 8. A: 4 (1) contract; 5 (2) bid specification; or 6 (3) agreement; 7 entered into after March 31, 2022, may not contain a provision 8 requiring an employee to receive an immunization against 9 COVID-19 that limits in any way the rights and protections 10 provided to an employee under this chapter. 11 Sec. 9. Nothing in this chapter shall be construed to: 12 (1) require an employer to impose a requirement that 13 employees receive an immunization against COVID-19; or 14 (2) preclude an employer from allowing additional exemptions 15 from an employer's COVID-19 immunization requirement. 16 SECTION 10. An emergency is declared for this act. EH 1001—LS 6280/DI 104 13 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 EH 1001—LS 6280/DI 104 14 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 EH 1001—LS 6280/DI 104 15 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 EH 1001—LS 6280/DI 104 16 (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 EH 1001—LS 6280/DI 104 17 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: EH 1001—LS 6280/DI 104 18 (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. EH 1001—LS 6280/DI 104 19 (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 EH 1001—LS 6280/DI 104 20 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 EH 1001—LS 6280/DI 104 21 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 EH 1001—LS 6280/DI 104 22 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). EH 1001—LS 6280/DI 104 23 (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. EH 1001—LS 6280/DI 104 24 (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. EH 1001—LS 6280/DI 104 25 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 EH 1001—LS 6280/DI 104 26 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 EH 1001—LS 6280/DI 104 27 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 EH 1001—LS 6280/DI 104 28 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 _____ COMMITTEE REPORT Madam President: The Senate Committee on Health and Provider Services, to which was referred House Bill No. 1001, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 1, delete lines 1 through 15. Page 2, delete lines 1 through 17. Page 2, delete lines 23 through 42. Delete page 3. Page 4, delete lines 1 through 19, begin a new paragraph and insert: "SECTION 5. IC 16-39-11-3, AS ADDED BY P.L.196-2021, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. As used in this chapter, "immunization passport" means written, electronic, or printed information regarding an individual's immunization status against COVID-19.". Page 5, delete lines 9 through 42. Delete pages 6 through 8. Page 9, delete lines 1 through 12. Page 10, between lines 8 and 9, begin a new line block indented and insert: "(3) A health care facility that is subject to a federal immunization requirement against COVID-19 for the health care facility's employees. (4) An employer or employee when: (A) the employer operates a professional sports organization or an entertainment complex (as defined in IC 7.1-1-3-16.5); (B) employees of the employer work in close proximity to the live sports or entertainment; and EH 1001—LS 6280/DI 104 29 (C) the employer provides accommodations for a COVID-19 immunization requirement for employees in accordance with: (i) Title VII of the federal Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and (ii) the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).". Page 11, line 5, delete "once" and insert "twice". Page 11, delete lines 12 through 42. Page 12, line 29, delete "six (6)" and insert "three (3)". Page 12, delete lines 30 through 42, begin a new paragraph and insert: "Sec. 7. (a) If an employer receives a completed exemption statement for an exemption based on: (1) medical reasons; or (2) immunity from COVID-19 acquired from a prior infection with COVID-19; in accordance with section 6 of this chapter, the employer must allow the employee to opt out of the employer's COVID-19 immunization requirement as provided in section 5 of this chapter without further inquiry. (b) If an employer receives a completed exemption statement for an exemption based on religious reasons in accordance with section 6(b) of this chapter, the employer must make a religious accommodation in compliance with Title VII of the federal Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).". Page 13, delete lines 1 through 13. Page 13, line 14, delete "9." and insert "8.". Page 13, line 22, delete "10." and insert "9.". Page 13, delete lines 27 through 42. Delete pages 14 through 15. Page 16, delete lines 1 through 16. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1001 as reprinted January 14, 2022.) CHARBONNEAU, Chairperson Committee Vote: Yeas 8, Nays 2. EH 1001—LS 6280/DI 104 30 SENATE MOTION Madam President: I move that Engrossed House Bill 1001 be amended to read as follows: Page 1, between the enacting clause and line 1, begin a new paragraph and insert: "SECTION 1. IC 12-8-1.5-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) Notwithstanding any other law, the secretary, through the offices, may issue a waiver, in writing, of provisions of this title and rules adopted under IC 4-22-2 concerning provisions of this title if the secretary determines that the waiver is necessary to claim any enhanced federal matching funds available from: (1) the federal Families First Coronavirus Response Act; (2) the federal American Rescue Plan Act of 2021; or (3) any other federal law, regulation, guidance, or policy pertaining to COVID-19 (as defined in IC 16-39-11-1) relief; for the Medicaid program or programs funded through Medicaid. (b) Not later than March 1, 2022, and every six (6) months thereafter, the secretary shall prepare and submit a report to the budget committee concerning any waiver issued under subsection (a). (c) Nothing in this section may be construed to obligate the secretary to issue a waiver under this section. (d) This section expires on the day after the date that the funds described in subsection (a)(1) through (a)(3) are no longer available to the state. SECTION 2. IC 12-14-30-7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The secretary may issue an emergency declaration for the purpose of participating in SNAP emergency allotments authorized under the federal Families First Coronavirus Response Act. (b) The secretary shall prepare and submit a report to the budget committee when any emergency declaration is issued under this section. (c) This section expires April 16, 2022.". Page 1, between lines 5 and 6, begin a new paragraph and INSERT: "SECTION 4. IC 16-19-4-11, AS AMENDED BY P.L.218-2019, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The state health commissioner or the commissioner's designated public health authority who is a licensed EH 1001—LS 6280/DI 104 31 prescriber may, as part of the individual's official capacity, issue a standing order, prescription, or protocol that allows a pharmacist to administer or dispense any of the following: (1) An immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than eleven (11) years of age. (2) A smoking cessation product. However, the pharmacist must inform the patient that the patient must have a follow-up consultation with the patient's licensed prescriber. (b) This subsection does not apply to a pharmacist. The state health commissioner or the commissioner's designated public health authority who is a licensed prescriber may, as part of the individual's official capacity, issue a standing order, prescription, or protocol that allows an individual who is licensed, certified, or registered by a board (as defined in IC 25-1-9-1), and if within the individual's scope of practice, to administer or dispense an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than eleven (11) years of age. (c) A standing order described in subsection (a), or (b), or (e) must include the following: (1) The purpose of the order. (2) The eligible recipients. (3) The geographic area covered by the standing order. (4) The procedure for administering or dispensing the immunization or product. (5) A timeline for renewing or updating the standing order. (d) The state health commissioner or designated public health authority who issues a standing order, prescription, or protocol under subsection (a), or (b), or (e) is immune from civil liability related to the issuing of the standing order, prescription, or protocol. (e) Notwithstanding subsection (a) and subsection (b), the state health commissioner or the commissioner's designated public health authority may issue a standing order, prescription, or protocol to administer or dispense an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are at least five (5) years of age. Nothing in this subsection authorizes the state health commissioner or the commissioner's designated public health authority to: EH 1001—LS 6280/DI 104 32 (1) require an individual to receive an immunization for COVID-19; or (2) waive or otherwise allow a minor to receive an immunization without the consent of the parent or guardian as required under IC 16-36-1. This subsection expires at the conclusion of the federal public health emergency concerning COVID-19 that was renewed on October 15, 2021, or any subsequent renewal of the declared federal public health emergency concerning COVID-19.". Page 2, between lines 26 and 27, begin a new paragraph and insert: "SECTION 8. 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: (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. EH 1001—LS 6280/DI 104 33 (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. (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 EH 1001—LS 6280/DI 104 34 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 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 EH 1001—LS 6280/DI 104 35 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 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: EH 1001—LS 6280/DI 104 36 (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 3, line 27, delete "operates" and insert "operates: (i)". Page 3, line 28, delete "organization or" and insert "organization; or (ii)". Page 3, line 28, delete "complex (as defined in" and insert "organization or venue engaged in producing or presenting musical, theatrical, or other types of cultural entertainment;". Page 3, delete line 29. Page 4, line 17, delete ":" and insert "the United States and its agencies and instrumentalities.". Page 4, delete lines 18 through 20. Page 4, delete lines 29 through 31. Page 4, line 32, delete "(4)" and insert "(3)". Page 4, line 34, delete "An" and insert "Subject to subsection (c), an". Page 4, line 38, after ";" insert "or". Page 4, delete line 39. Page 4, line 40, delete "(4)" and insert "(3)". Page 4, line 41, delete "(a)(4)." and insert "(a)(3).". Page 4, between lines 41 and 42, begin a new paragraph and insert: "(c) An employer may not require a test for the presence of COVID-19 unless the test: (1) has been approved by the federal Food and Drug Administration; (2) is the least invasive testing option available; and (3) does not create an undue burden on the employee to receive the test.". Renumber all SECTIONS consecutively. (Reference is to EHB 1001 as printed February 18, 2022.) MESSMER EH 1001—LS 6280/DI 104