Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1001
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
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.
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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.
SECTION 3. IC 16-18-2-187.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 187.8. "Indiana governmental
entity", for purposes of IC 16-39-11, has the meaning set forth in
IC 16-39-11-4.5.
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
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.
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(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:
(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.
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.
SECTION 6. IC 16-39-11-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this
chapter, "Indiana governmental entity" means:
(1) the state (as defined in IC 5-11-1-16(b));
(2) a state educational institution (as defined in
IC 21-7-13-32);
(3) a political subdivision (as defined in IC 36-1-2-13); or
(4) a public school corporation (as defined in IC 4-4-38.5-6.2).
(b) The term does not include the following:
(1) A state institution (as defined in IC 12-7-2-184).
(2) A hospital organized or operated under IC 16-22-1
through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
SECTION 7. IC 16-39-11-5, AS ADDED BY P.L.196-2021,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b),
the state or a local unit an Indiana governmental entity may not issue
or require an immunization passport.
(b) This section does not prohibit the state or a local unit an
Indiana governmental entity from doing any of the following:
(1) Maintaining, creating, or storing a medical record of an
individual's immunization status.
(2) Providing a medical record of an individual's immunization
status to the individual's medical provider in accordance with the
federal Health Insurance Portability and Accountability Act
(HIPAA) (P.L.104-191).
(3) Providing the individual with a record of an immunization at
the time the individual receives the immunization or upon request
by the individual.
(4) Maintaining an immunization record for the purpose of public
health administration.
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%);
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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.
(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
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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
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
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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:
(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).
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(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
SECTION 9. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Chapter 4.6. Exemptions from COVID-19 Immunization
Requirements
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
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.
(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:
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(A) the employer operates:
(i) a professional sports organization; or
(ii) an entertainment organization or venue engaged in
producing or presenting musical, theatrical, or other
types of cultural entertainment;
(B) employees of the employer work in close proximity to
the live sports or entertainment; and
(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.).
(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.
Sec. 1. As used in this chapter, "COVID-19" has the meaning set
forth in IC 34-30-32-3.
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.
Sec. 3. As used in this chapter, "employer" means a sole
proprietor, corporation, partnership, limited liability company, or
other entity with one (1) or more employees. However, the term
does not include the United States and its agencies and
instrumentalities.
Sec. 4. As used in this chapter, "immunization" means the
treatment of an individual with a vaccine to produce immunity.
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 immunity from COVID-19 acquired
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from a prior infection with COVID-19.
(b) Subject to subsection (c), an employer may require an
employee to submit to testing for the presence of COVID-19 not
more than twice a week, if the employee receives an exemption
based on:
(1) medical reasons under subsection (a)(1);
(2) religious reasons under subsection (a)(2); or
(3) immunity from COVID-19 acquired from a prior infection
with COVID-19 under subsection (a)(3).
(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.
Sec. 6. (a) Unless an employer waives the documentation
requirements under this subsection, to claim an exemption based
on medical reasons, an employee must present to the employer an
exemption statement in writing, dated and signed by:
(1) a licensed physician;
(2) a licensed physician's assistant; or
(3) an advanced practice registered nurse;
who has examined the employee. The statement must provide that,
in the professional opinion of the licensed physician, licensed
physician's assistant, or advanced practice registered nurse, the
immunization against COVID-19 is medically contraindicated (as
defined in IC 16-18-2-223.7) for the employee.
(b) To claim an exemption based on religious reasons, an
employee must present to the employer an exemption statement in
writing indicating that the employee declines the immunization
against COVID-19 because of a sincerely held religious belief.
(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.
(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 three (3) months.
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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.).
Sec. 8. A:
(1) contract;
(2) bid specification; or
(3) agreement;
entered into after March 31, 2022, may not contain a provision
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.
Sec. 9. Nothing in this chapter shall be construed to:
(1) require an employer to impose a requirement that
employees receive an immunization against COVID-19; or
(2) preclude an employer from allowing additional exemptions
from an employer's COVID-19 immunization requirement.
SECTION 10. An emergency is declared for this act.
HEA 1001 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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