Indiana 2022 Regular Session

Indiana House Bill HB1001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1001.2
	2	+	Reprinted
	3	+	February 25, 2022
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1001
	6	+	_____
	7	+	DIGEST OF HB 1001 (Updated February 24, 2022 3:18 pm - DI 104)
	8	+	Citations Affected: IC 12-8; IC 12-14; IC 16-18; IC 16-19; IC 16-39;
	9	+	IC 22-4; IC 22-5.
	10	+	Synopsis: Administrative authority; COVID-19 immunizations.
	11	+	Allows the secretary of family and social services (secretary) to issue
	12	+	a waiver of human services statutory provisions and administrative
	13	+	(Continued next page)
	14	+	Effective: Upon passage.
	15	+	Lehman, Barrett, Jeter, Huston, Steuerwald, Abbott,
	16	+	Baird, Bartels, Behning, Borders, Carbaugh, Cherry,
	17	+	Cook, Davis, DeVon, Ellington, Engleman, Frye R,
	18	+	Goodrich, Gutwein, Heaton, Heine, Jordan, Judy,
	19	+	Karickhoff, King, Lauer, Leonard, Lindauer, Lyness,
	20	+	Manning, May, McNamara, Miller D, Morris,
	21	+	Morrison, Negele, O'Brien, Olthoff, Prescott, Pressel,
	22	+	Rowray, Schaibley, Slager, Smaltz, Snow, Soliday,
	23	+	Speedy, Teshka, Thompson, Torr, VanNatter, Wesco,
	24	+	Zent, Young J, Mayfield, Eberhart, Ledbetter
	25	+	(SENATE SPONSORS — MESSMER, CHA RBONNEAU, DORIOT)
	26	+	January 4, 2022, read first time and referred to Committee on Employment, Labor and
	27	+	Pensions.
	28	+	January 6, 2022, amended, reported — Do Pass.
	29	+	January 13, 2022, read second time, amended, ordered engrossed.
	30	+	January 14, 2022, engrossed.
	31	+	January 18, 2022, read third time, passed. Yeas 58, nays 35.
	32	+	SENATE ACTION
	33	+	February 1, 2022, read first time and referred to Committee on Health and Provider
	34	+	Services.
	35	+	February 17, 2022, amended, reported favorably — Do Pass.
	36	+	February 24, 2022, read second time, amended, ordered engrossed.
	37	+	EH 1001—LS 6280/DI 104 Digest Continued
	38	+	rules if the secretary determines that the waiver is necessary to claim
	39	+	certain enhanced federal matching funds available to the Medicaid
	40	+	program. Allows the secretary to issue an emergency declaration for
	41	+	purposes of participating in specified authorized federal Supplemental
	42	+	Nutrition Assistance Program (SNAP) emergency allotments. Requires
	43	+	the secretary to prepare and submit any waivers or emergency
	44	+	declarations to the budget committee. Allows the state health
	45	+	commissioner of the state department of health or the commissioner's
	46	+	designated public health authority to issue standing orders,
	47	+	prescriptions, or protocols to administer or dispense certain
	48	+	immunizations for individuals who are at least five years old (current
	49	+	law limits the age for the commissioner's issuance of standing orders,
	50	+	prescriptions, and protocols for individuals who are at least 11 years
	51	+	old). Defines "Indiana governmental entity" and specifies that an
	52	+	Indiana governmental entity (current law refers to a state or local unit)
	53	+	may not issue or require an immunization passport. Provides that an
	54	+	individual is not disqualified from unemployment benefits if the
	55	+	individual has complied with the requirements for seeking an
	56	+	exemption from an employer's COVID-19 immunization requirements
	57	+	and was discharged from employment for failing or refusing to receive
	58	+	an immunization against COVID-19. Provides that an employer may
	59	+	not impose a requirement that employees receive an immunization
	60	+	against COVID-19 unless the employer provides individual exemptions
	61	+	that allow an employee to opt out of the requirement on the basis of
	62	+	medical reasons, religious reasons, or immunity from COVID-19
	63	+	acquired from a prior infection with COVID-19.
	64	+	EH 1001—LS 6280/DI 104EH 1001—LS 6280/DI 104 Reprinted
	65	+	February 25, 2022
1	66		Second Regular Session of the 122nd General Assembly (2022)
2	67		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	68		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	69		additions will appear in this style type, and deletions will appear in this style type.
5	70		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	71		provision adopted), the text of the new provision will appear in this style type. Also, the
7	72		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	73		a new provision to the Indiana Code or the Indiana Constitution.
9	74		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	75		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1001
12		-	AN ACT to amend the Indiana Code concerning health.
	76	+	ENGROSSED
	77	+	HOUSE BILL No. 1001
	78	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	79	+	health.
13	80		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 12-8-1.5-7.5 IS ADDED TO THE INDIANA
	81	+	1 SECTION 1. IC 12-8-1.5-7.5 IS ADDED TO THE INDIANA
	82	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	83	+	3 [EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) Notwithstanding any
	84	+	4 other law, the secretary, through the offices, may issue a waiver, in
	85	+	5 writing, of provisions of this title and rules adopted under
	86	+	6 IC 4-22-2 concerning provisions of this title if the secretary
	87	+	7 determines that the waiver is necessary to claim any enhanced
	88	+	8 federal matching funds available from:
	89	+	9 (1) the federal Families First Coronavirus Response Act;
	90	+	10 (2) the federal American Rescue Plan Act of 2021; or
	91	+	11 (3) any other federal law, regulation, guidance, or policy
	92	+	12 pertaining to COVID-19 (as defined in IC 16-39-11-1) relief;
	93	+	13 for the Medicaid program or programs funded through Medicaid.
	94	+	14 (b) Not later than March 1, 2022, and every six (6) months
	95	+	15 thereafter, the secretary shall prepare and submit a report to the
	96	+	EH 1001—LS 6280/DI 104 2
	97	+	1 budget committee concerning any waiver issued under subsection
	98	+	2 (a).
	99	+	3 (c) Nothing in this section may be construed to obligate the
	100	+	4 secretary to issue a waiver under this section.
	101	+	5 (d) This section expires on the day after the date that the funds
	102	+	6 described in subsection (a)(1) through (a)(3) are no longer
	103	+	7 available to the state.
	104	+	8 SECTION 2. IC 12-14-30-7 IS ADDED TO THE INDIANA CODE
	105	+	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	106	+	10 UPON PASSAGE]: Sec. 7. (a) The secretary may issue an
	107	+	11 emergency declaration for the purpose of participating in SNAP
	108	+	12 emergency allotments authorized under the federal Families First
	109	+	13 Coronavirus Response Act.
	110	+	14 (b) The secretary shall prepare and submit a report to the
	111	+	15 budget committee when any emergency declaration is issued under
	112	+	16 this section.
	113	+	17 (c) This section expires April 16, 2022.
	114	+	18 SECTION 3. IC 16-18-2-187.8 IS ADDED TO THE INDIANA
	115	+	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
	116	+	20 [EFFECTIVE UPON PASSAGE]: Sec. 187.8. "Indiana governmental
	117	+	21 entity", for purposes of IC 16-39-11, has the meaning set forth in
	118	+	22 IC 16-39-11-4.5.
	119	+	23 SECTION 4. IC 16-19-4-11, AS AMENDED BY P.L.218-2019,
	120	+	24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	121	+	25 UPON PASSAGE]: Sec. 11. (a) The state health commissioner or the
	122	+	26 commissioner's designated public health authority who is a licensed
	123	+	27 prescriber may, as part of the individual's official capacity, issue a
	124	+	28 standing order, prescription, or protocol that allows a pharmacist to
	125	+	29 administer or dispense any of the following:
	126	+	30 (1) An immunization that is recommended by the federal Centers
	127	+	31 for Disease Control and Prevention Advisory Committee on
	128	+	32 Immunization Practices for individuals who are not less than
	129	+	33 eleven (11) years of age.
	130	+	34 (2) A smoking cessation product. However, the pharmacist must
	131	+	35 inform the patient that the patient must have a follow-up
	132	+	36 consultation with the patient's licensed prescriber.
	133	+	37 (b) This subsection does not apply to a pharmacist. The state health
	134	+	38 commissioner or the commissioner's designated public health authority
	135	+	39 who is a licensed prescriber may, as part of the individual's official
	136	+	40 capacity, issue a standing order, prescription, or protocol that allows an
	137	+	41 individual who is licensed, certified, or registered by a board (as
	138	+	42 defined in IC 25-1-9-1), and if within the individual's scope of practice,
	139	+	EH 1001—LS 6280/DI 104 3
	140	+	1 to administer or dispense an immunization that is recommended by the
	141	+	2 federal Centers for Disease Control and Prevention Advisory
	142	+	3 Committee on Immunization Practices for individuals who are not less
	143	+	4 than eleven (11) years of age.
	144	+	5 (c) A standing order described in subsection (a), or (b), or (e) must
	145	+	6 include the following:
	146	+	7 (1) The purpose of the order.
	147	+	8 (2) The eligible recipients.
	148	+	9 (3) The geographic area covered by the standing order.
	149	+	10 (4) The procedure for administering or dispensing the
	150	+	11 immunization or product.
	151	+	12 (5) A timeline for renewing or updating the standing order.
	152	+	13 (d) The state health commissioner or designated public health
	153	+	14 authority who issues a standing order, prescription, or protocol under
	154	+	15 subsection (a), or (b), or (e) is immune from civil liability related to the
	155	+	16 issuing of the standing order, prescription, or protocol.
	156	+	17 (e) Notwithstanding subsection (a) and subsection (b), the state
	157	+	18 health commissioner or the commissioner's designated public
	158	+	19 health authority may issue a standing order, prescription, or
	159	+	20 protocol to administer or dispense an immunization that is
	160	+	21 recommended by the federal Centers for Disease Control and
	161	+	22 Prevention Advisory Committee on Immunization Practices for
	162	+	23 individuals who are at least five (5) years of age. Nothing in this
	163	+	24 subsection authorizes the state health commissioner or the
	164	+	25 commissioner's designated public health authority to:
	165	+	26 (1) require an individual to receive an immunization for
	166	+	27 COVID-19; or
	167	+	28 (2) waive or otherwise allow a minor to receive an
	168	+	29 immunization without the consent of the parent or guardian
	169	+	30 as required under IC 16-36-1.
	170	+	31 This subsection expires at the conclusion of the federal public
	171	+	32 health emergency concerning COVID-19 that was renewed on
	172	+	33 October 15, 2021, or any subsequent renewal of the declared
	173	+	34 federal public health emergency concerning COVID-19.
	174	+	35 SECTION 5. IC 16-39-11-3, AS ADDED BY P.L.196-2021,
	175	+	36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	176	+	37 UPON PASSAGE]: Sec. 3. As used in this chapter, "immunization
	177	+	38 passport" means written, electronic, or printed information regarding
	178	+	39 an individual's immunization status against COVID-19.
	179	+	40 SECTION 6. IC 16-39-11-4.5 IS ADDED TO THE INDIANA
	180	+	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
	181	+	42 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this
	182	+	EH 1001—LS 6280/DI 104 4
	183	+	1 chapter, "Indiana governmental entity" means:
	184	+	2 (1) the state (as defined in IC 5-11-1-16(b));
	185	+	3 (2) a state educational institution (as defined in
	186	+	4 IC 21-7-13-32);
	187	+	5 (3) a political subdivision (as defined in IC 36-1-2-13); or
	188	+	6 (4) a public school corporation (as defined in IC 4-4-38.5-6.2).
	189	+	7 (b) The term does not include the following:
	190	+	8 (1) A state institution (as defined in IC 12-7-2-184).
	191	+	9 (2) A hospital organized or operated under IC 16-22-1
	192	+	10 through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
	193	+	11 SECTION 7. IC 16-39-11-5, AS ADDED BY P.L.196-2021,
	194	+	12 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	195	+	13 UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b),
	196	+	14 the state or a local unit an Indiana governmental entity may not issue
	197	+	15 or require an immunization passport.
	198	+	16 (b) This section does not prohibit the state or a local unit an
	199	+	17 Indiana governmental entity from doing any of the following:
	200	+	18 (1) Maintaining, creating, or storing a medical record of an
	201	+	19 individual's immunization status.
	202	+	20 (2) Providing a medical record of an individual's immunization
	203	+	21 status to the individual's medical provider in accordance with the
	204	+	22 federal Health Insurance Portability and Accountability Act
	205	+	23 (HIPAA) (P.L.104-191).
	206	+	24 (3) Providing the individual with a record of an immunization at
	207	+	25 the time the individual receives the immunization or upon request
	208	+	26 by the individual.
	209	+	27 (4) Maintaining an immunization record for the purpose of public
	210	+	28 health administration.
	211	+	29 SECTION 8. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
	212	+	30 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	213	+	31 UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
	214	+	32 separation from employment before filing an initial or additional claim
	215	+	33 for benefits, an individual who voluntarily left the employment without
	216	+	34 good cause in connection with the work or was discharged from the
	217	+	35 employment for just cause is ineligible for waiting period or benefit
	218	+	36 rights for the week in which the disqualifying separation occurred and
	219	+	37 until:
	220	+	38 (1) the individual has earned remuneration in employment in at
	221	+	39 least eight (8) weeks; and
	222	+	40 (2) the remuneration earned equals or exceeds the product of the
	223	+	41 weekly benefit amount multiplied by eight (8).
	224	+	42 If the qualification amount has not been earned at the expiration of an
	225	+	EH 1001—LS 6280/DI 104 5
	226	+	1 individual's benefit period, the unearned amount shall be carried
	227	+	2 forward to an extended benefit period or to the benefit period of a
	228	+	3 subsequent claim.
	229	+	4 (b) When it has been determined that an individual has been
	230	+	5 separated from employment under disqualifying conditions as outlined
	231	+	6 in this section, the maximum benefit amount of the individual's current
	232	+	7 claim, as initially determined, shall be reduced by an amount
	233	+	8 determined as follows:
	234	+	9 (1) For the first separation from employment under disqualifying
	235	+	10 conditions, the maximum benefit amount of the individual's
	236	+	11 current claim is equal to the result of:
	237	+	12 (A) the maximum benefit amount of the individual's current
	238	+	13 claim, as initially determined; multiplied by
	239	+	14 (B) seventy-five percent (75%);
	240	+	15 rounded (if not already a multiple of one dollar ($1)) to the next
	241	+	16 higher dollar.
	242	+	17 (2) For the second separation from employment under
	243	+	18 disqualifying conditions, the maximum benefit amount of the
	244	+	19 individual's current claim is equal to the result of:
	245	+	20 (A) the maximum benefit amount of the individual's current
	246	+	21 claim determined under subdivision (1); multiplied by
	247	+	22 (B) eighty-five percent (85%);
	248	+	23 rounded (if not already a multiple of one dollar ($1)) to the next
	249	+	24 higher dollar.
	250	+	25 (3) For the third and any subsequent separation from employment
	251	+	26 under disqualifying conditions, the maximum benefit amount of
	252	+	27 the individual's current claim is equal to the result of:
	253	+	28 (A) the maximum benefit amount of the individual's current
	254	+	29 claim determined under subdivision (2); multiplied by
	255	+	30 (B) ninety percent (90%);
	256	+	31 rounded (if not already a multiple of one dollar ($1)) to the next
	257	+	32 higher dollar.
	258	+	33 (c) The disqualifications provided in this section shall be subject to
	259	+	34 the following modifications:
	260	+	35 (1) An individual shall not be subject to disqualification because
	261	+	36 of separation from the individual's employment if:
	262	+	37 (A) the individual left to accept with another employer
	263	+	38 previously secured permanent full-time work which offered
	264	+	39 reasonable expectation of continued covered employment and
	265	+	40 betterment of wages or working conditions and thereafter was
	266	+	41 employed on said job;
	267	+	42 (B) having been simultaneously employed by two (2)
	268	+	EH 1001—LS 6280/DI 104 6
	269	+	1 employers, the individual leaves one (1) such employer
	270	+	2 voluntarily without good cause in connection with the work
	271	+	3 but remains in employment with the second employer with a
	272	+	4 reasonable expectation of continued employment; or
	273	+	5 (C) the individual left to accept recall made by a base period
	274	+	6 employer.
	275	+	7 (2) An individual whose unemployment is the result of medically
	276	+	8 substantiated physical disability and who is involuntarily
	277	+	9 unemployed after having made reasonable efforts to maintain the
	278	+	10 employment relationship shall not be subject to disqualification
	279	+	11 under this section for such separation.
	280	+	12 (3) An individual who left work to enter the armed forces of the
	281	+	13 United States shall not be subject to disqualification under this
	282	+	14 section for such leaving of work.
	283	+	15 (4) An individual whose employment is terminated under the
	284	+	16 compulsory retirement provision of a collective bargaining
	285	+	17 agreement to which the employer is a party, or under any other
	286	+	18 plan, system, or program, public or private, providing for
	287	+	19 compulsory retirement and who is otherwise eligible shall not be
	288	+	20 deemed to have left the individual's work voluntarily without
	289	+	21 good cause in connection with the work. However, if such
	290	+	22 individual subsequently becomes reemployed and thereafter
	291	+	23 voluntarily leaves work without good cause in connection with the
	292	+	24 work, the individual shall be deemed ineligible as outlined in this
	293	+	25 section.
	294	+	26 (5) An otherwise eligible individual shall not be denied benefits
	295	+	27 for any week because the individual is in training approved under
	296	+	28 Section 236(a)(1) of the Trade Act of 1974, nor shall the
	297	+	29 individual be denied benefits by reason of leaving work to enter
	298	+	30 such training, provided the work left is not suitable employment,
	299	+	31 or because of the application to any week in training of provisions
	300	+	32 in this law (or any applicable federal unemployment
	301	+	33 compensation law), relating to availability for work, active search
	302	+	34 for work, or refusal to accept work. For purposes of this
	303	+	35 subdivision, the term "suitable employment" means with respect
	304	+	36 to an individual, work of a substantially equal or higher skill level
	305	+	37 than the individual's past adversely affected employment (as
	306	+	38 defined for purposes of the Trade Act of 1974), and wages for
	307	+	39 such work at not less than eighty percent (80%) of the individual's
	308	+	40 average weekly wage as determined for the purposes of the Trade
	309	+	41 Act of 1974.
	310	+	42 (6) An individual is not subject to disqualification because of
	311	+	EH 1001—LS 6280/DI 104 7
	312	+	1 separation from the individual's employment if:
	313	+	2 (A) the employment was outside the individual's labor market;
	314	+	3 (B) the individual left to accept previously secured full-time
	315	+	4 work with an employer in the individual's labor market; and
	316	+	5 (C) the individual actually became employed with the
	317	+	6 employer in the individual's labor market.
	318	+	7 (7) An individual who, but for the voluntary separation to move
	319	+	8 to another labor market to join a spouse who had moved to that
	320	+	9 labor market, shall not be disqualified for that voluntary
	321	+	10 separation, if the individual is otherwise eligible for benefits.
	322	+	11 Benefits paid to the spouse whose eligibility is established under
	323	+	12 this subdivision shall not be charged against the employer from
	324	+	13 whom the spouse voluntarily separated.
	325	+	14 (8) An individual shall not be subject to disqualification if the
	326	+	15 individual voluntarily left employment or was discharged due to
	327	+	16 circumstances directly caused by domestic or family violence (as
	328	+	17 defined in IC 31-9-2-42). An individual who may be entitled to
	329	+	18 benefits based on this modification may apply to the office of the
	330	+	19 attorney general under IC 5-26.5 to have an address designated by
	331	+	20 the office of the attorney general to serve as the individual's
	332	+	21 address for purposes of this article.
	333	+	22 (9) An individual shall not be subject to disqualification if the
	334	+	23 individual:
	335	+	24 (A) has requested an exemption from an employer's
	336	+	25 COVID-19 immunization requirement;
	337	+	26 (B) has complied with the requirements set forth in
	338	+	27 IC 22-5-4.6; and
	339	+	28 (C) was discharged from employment for failing or
	340	+	29 refusing to receive an immunization against COVID-19.
	341	+	30 As used in this subsection, "labor market" means the area surrounding
	342	+	31 an individual's permanent residence, outside which the individual
	343	+	32 cannot reasonably commute on a daily basis. In determining whether
	344	+	33 an individual can reasonably commute under this subdivision, the
	345	+	34 department shall consider the nature of the individual's job.
	346	+	35 (d) "Discharge for just cause" as used in this section is defined to
	347	+	36 include but not be limited to:
	348	+	37 (1) separation initiated by an employer for falsification of an
	349	+	38 employment application to obtain employment through
	350	+	39 subterfuge;
	351	+	40 (2) knowing violation of a reasonable and uniformly enforced rule
	352	+	41 of an employer, including a rule regarding attendance;
	353	+	42 (3) if an employer does not have a rule regarding attendance, an
	354	+	EH 1001—LS 6280/DI 104 8
	355	+	1 individual's unsatisfactory attendance, if good cause for absences
	356	+	2 or tardiness is not established;
	357	+	3 (4) damaging the employer's property through willful negligence;
	358	+	4 (5) refusing to obey instructions;
	359	+	5 (6) reporting to work under the influence of alcohol or drugs or
	360	+	6 consuming alcohol or drugs on employer's premises during
	361	+	7 working hours;
	362	+	8 (7) conduct endangering safety of self or coworkers;
	363	+	9 (8) incarceration in jail following conviction of a misdemeanor or
	364	+	10 felony by a court of competent jurisdiction;
	365	+	11 (9) any breach of duty in connection with work which is
	366	+	12 reasonably owed an employer by an employee; or
	367	+	13 (10) testing positive on a drug test under IC 16-27-2.5.
	368	+	14 (e) To verify that domestic or family violence has occurred, an
	369	+	15 individual who applies for benefits under subsection (c)(8) shall
	370	+	16 provide one (1) of the following:
	371	+	17 (1) A report of a law enforcement agency (as defined in
	372	+	18 IC 10-13-3-10).
	373	+	19 (2) A protection order issued under IC 34-26-5.
	374	+	20 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
	375	+	21 (4) An affidavit from a domestic violence service provider
	376	+	22 verifying services provided to the individual by the domestic
	377	+	23 violence service provider.
	378	+	24 SECTION 9. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE
	379	+	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	380	+	26 UPON PASSAGE]:
	381	+	27 Chapter 4.6. Exemptions from COVID-19 Immunization
	382	+	28 Requirements
	383	+	29 Sec. 0.5. (a) This chapter does not apply to the following:
	384	+	30 (1) An employee when the employee is working in another
	385	+	31 state, if the employer provides accommodations for a
	386	+	32 COVID-19 immunization requirement for the employee in
	387	+	33 accordance with:
	388	+	34 (A) Title VII of the federal Civil Rights Act of 1964, as
	389	+	35 amended (42 U.S.C. 2000e et seq.); and
	390	+	36 (B) the Americans with Disabilities Act (42 U.S.C. 12101 et
	391	+	37 seq.).
	392	+	38 (2) An employer who has entered into a federally awarded or
	393	+	39 amended contract, subcontract, or postsecondary grant as a
	394	+	40 condition to receive federal funds, if:
	395	+	41 (A) a COVID-19 immunization requirement is imposed on
	396	+	42 parties that contract with the federal government under
	397	+	EH 1001—LS 6280/DI 104 9
	398	+	1 federal law, federal regulation, or federal executive order;
	399	+	2 (B) compliance with this chapter would result in a breach
	400	+	3 of contract or a loss of federal funding;
	401	+	4 (C) the employer provides accommodations for the
	402	+	5 COVID-19 immunization requirement for an employee in
	403	+	6 accordance with:
	404	+	7 (i) Title VII of the federal Civil Rights Act of 1964, as
	405	+	8 amended (42 U.S.C. 2000e et seq.); and
	406	+	9 (ii) the Americans with Disabilities Act (42 U.S.C. 12101
	407	+	10 et seq.); and
	408	+	11 (D) an employer files with the secretary of state business
	409	+	12 services division evidence that:
	410	+	13 (i) a COVID-19 immunization requirement is imposed on
	411	+	14 parties that contract with the federal government under
	412	+	15 federal law, federal regulation, or federal executive
	413	+	16 order; and
	414	+	17 (ii) the employer has entered into a federally awarded or
	415	+	18 amended contract, subcontract, or postsecondary grant
	416	+	19 as a condition to receive federal funds.
	417	+	20 (3) A health care facility that is subject to a federal
	418	+	21 immunization requirement against COVID-19 for the health
	419	+	22 care facility's employees.
	420	+	23 (4) An employer or employee when:
	421	+	24 (A) the employer operates:
	422	+	25 (i) a professional sports organization; or
	423	+	26 (ii) an entertainment organization or venue engaged in
	424	+	27 producing or presenting musical, theatrical, or other
	425	+	28 types of cultural entertainment;
	426	+	29 (B) employees of the employer work in close proximity to
	427	+	30 the live sports or entertainment; and
	428	+	31 (C) the employer provides accommodations for a
	429	+	32 COVID-19 immunization requirement for employees in
	430	+	33 accordance with:
	431	+	34 (i) Title VII of the federal Civil Rights Act of 1964 (42
	432	+	35 U.S.C. 2000e et seq.); and
	433	+	36 (ii) the Americans with Disabilities Act (42 U.S.C. 12101
	434	+	37 et seq.).
	435	+	38 (b) Subsection (a)(2)(D) does not require an employer to disclose
	436	+	39 confidential or proprietary information to the secretary of state.
	437	+	40 An employer may redact any confidential or proprietary
	438	+	41 information prior to submitting the evidence described in
	439	+	42 subsection (a)(2)(D).
	440	+	EH 1001—LS 6280/DI 104 10
	441	+	1 (c) The information collected or maintained by the secretary of
	442	+	2 state under subsection (a)(2)(D) shall be:
	443	+	3 (1) public information; and
	444	+	4 (2) available electronically for inspection by the public.
	445	+	5 Sec. 1. As used in this chapter, "COVID-19" has the meaning set
	446	+	6 forth in IC 34-30-32-3.
	447	+	7 Sec. 2. As used in this chapter, "employee" means an individual
	448	+	8 who works for an employer on a full-time or part-time basis, either
	449	+	9 paid or unpaid. The term includes:
	450	+	10 (1) an independent contractor;
	451	+	11 (2) a subcontractor; and
	452	+	12 (3) a student who works as a trainee or an intern.
	453	+	13 Sec. 3. As used in this chapter, "employer" means a sole
	454	+	14 proprietor, corporation, partnership, limited liability company, or
	455	+	15 other entity with one (1) or more employees. However, the term
	456	+	16 does not include the United States and its agencies and
	457	+	17 instrumentalities.
	458	+	18 Sec. 4. As used in this chapter, "immunization" means the
	459	+	19 treatment of an individual with a vaccine to produce immunity.
	460	+	20 Sec. 5. (a) An employer may not impose a requirement that
	461	+	21 employees receive an immunization against COVID-19 unless the
	462	+	22 employer provides individual exemptions that allow an employee
	463	+	23 to opt out of the requirement on the basis of any of the following:
	464	+	24 (1) Medical reasons.
	465	+	25 (2) Religious reasons.
	466	+	26 (3) An employee has immunity from COVID-19 acquired
	467	+	27 from a prior infection with COVID-19.
	468	+	28 (b) Subject to subsection (c), an employer may require an
	469	+	29 employee to submit to testing for the presence of COVID-19 not
	470	+	30 more than twice a week, if the employee receives an exemption
	471	+	31 based on:
	472	+	32 (1) medical reasons under subsection (a)(1);
	473	+	33 (2) religious reasons under subsection (a)(2); or
	474	+	34 (3) immunity from COVID-19 acquired from a prior infection
	475	+	35 with COVID-19 under subsection (a)(3).
	476	+	36 (c) An employer may not require a test for the presence of
	477	+	37 COVID-19 unless the test:
	478	+	38 (1) has been approved by the federal Food and Drug
	479	+	39 Administration;
	480	+	40 (2) is the least invasive testing option available; and
	481	+	41 (3) does not create an undue burden on the employee to
	482	+	42 receive the test.
	483	+	EH 1001—LS 6280/DI 104 11
	484	+	1 Sec. 6. (a) Unless an employer waives the documentation
	485	+	2 requirements under this subsection, to claim an exemption based
	486	+	3 on medical reasons, an employee must present to the employer an
	487	+	4 exemption statement in writing, dated and signed by:
	488	+	5 (1) a licensed physician;
	489	+	6 (2) a licensed physician's assistant; or
	490	+	7 (3) an advanced practice registered nurse;
	491	+	8 who has examined the employee. The statement must provide that,
	492	+	9 in the professional opinion of the licensed physician, licensed
	493	+	10 physician's assistant, or advanced practice registered nurse, the
	494	+	11 immunization against COVID-19 is medically contraindicated (as
	495	+	12 defined in IC 16-18-2-223.7) for the employee.
	496	+	13 (b) To claim an exemption based on religious reasons, an
	497	+	14 employee must present to the employer an exemption statement in
	498	+	15 writing indicating that the employee declines the immunization
	499	+	16 against COVID-19 because of a sincerely held religious belief.
	500	+	17 (c) Unless an employer waives the documentation requirements
	501	+	18 under this subsection, to claim an exemption based on immunity
	502	+	19 from COVID-19 acquired from a prior infection with COVID-19,
	503	+	20 an employee must present to the employer the result of a
	504	+	21 laboratory test performed on the employee that has been approved
	505	+	22 by the federal Food and Drug Administration, including any of the
	506	+	23 following:
	507	+	24 (1) A polymerase chain reaction test (PCR) test.
	508	+	25 (2) An antigen test.
	509	+	26 (3) An antibody or serology test.
	510	+	27 An employer may request that an employee submit a new
	511	+	28 laboratory test result as described in this subsection not more than
	512	+	29 once every three (3) months.
	513	+	30 Sec. 7. (a) If an employer receives a completed exemption
	514	+	31 statement for an exemption based on:
	515	+	32 (1) medical reasons; or
	516	+	33 (2) immunity from COVID-19 acquired from a prior infection
	517	+	34 with COVID-19;
	518	+	35 in accordance with section 6 of this chapter, the employer must
	519	+	36 allow the employee to opt out of the employer's COVID-19
	520	+	37 immunization requirement as provided in section 5 of this chapter
	521	+	38 without further inquiry.
	522	+	39 (b) If an employer receives a completed exemption statement for
	523	+	40 an exemption based on religious reasons in accordance with section
	524	+	41 6(b) of this chapter, the employer must make a religious
	525	+	42 accommodation in compliance with Title VII of the federal Civil
	526	+	EH 1001—LS 6280/DI 104 12
	527	+	1 Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans
	528	+	2 with Disabilities Act (42 U.S.C. 12101 et seq.).
	529	+	3 Sec. 8. A:
	530	+	4 (1) contract;
	531	+	5 (2) bid specification; or
	532	+	6 (3) agreement;
	533	+	7 entered into after March 31, 2022, may not contain a provision
	534	+	8 requiring an employee to receive an immunization against
	535	+	9 COVID-19 that limits in any way the rights and protections
	536	+	10 provided to an employee under this chapter.
	537	+	11 Sec. 9. Nothing in this chapter shall be construed to:
	538	+	12 (1) require an employer to impose a requirement that
	539	+	13 employees receive an immunization against COVID-19; or
	540	+	14 (2) preclude an employer from allowing additional exemptions
	541	+	15 from an employer's COVID-19 immunization requirement.
	542	+	16 SECTION 10. An emergency is declared for this act.
	543	+	EH 1001—LS 6280/DI 104 13
	544	+	COMMITTEE REPORT
	545	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	546	+	to which was referred House Bill 1001, has had the same under
	547	+	consideration and begs leave to report the same back to the House with
	548	+	the recommendation that said bill be amended as follows:
	549	+	Page 2, delete line 16, begin a new paragraph and insert:
	550	+	"(c) This section expires on the date that the funds described in
	551	+	subsection (a) are no longer available to the state.".
	552	+	Page 3, between lines 30 and 31, begin a new paragraph and insert:
	553	+	"SECTION 5. IC 16-31-11.5 IS ADDED TO THE INDIANA CODE
	554	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	555	+	UPON PASSAGE]:
	556	+	Chapter 11.5. Temporary Licensure of Retired and Inactive
	557	+	Emergency Medical Services Personnel
	558	+	Sec. 1. Notwithstanding any other provision of this article, the
	559	+	commission shall issue a temporary license or certificate to an
	560	+	individual to allow the individual to provide emergency medical
	561	+	services if the individual satisfies the following conditions:
	562	+	(1) The individual applies for the temporary license or
	563	+	certificate in the manner prescribed by the commission.
	564	+	(2) The individual has, within the past five (5) years, held:
	565	+	(A) a certificate or license under this article; or
	566	+	(B) an equivalent certificate or license in another state;
	567	+	to provide emergency medical services.
	568	+	(3) The individual remains in good standing with the issuing
	569	+	entity and the license or certification described in subdivision
	570	+	(2):
	571	+	(A) was retired, surrendered, or otherwise inactivated by
	572	+	the individual; and
	573	+	(B) was not revoked, suspended, or relinquished by the
	574	+	issuing entity.
	575	+	Sec. 2. The commission shall post the following on the
	576	+	department of homeland security's Internet web site:
	577	+	(1) The application for a temporary license or certification
	578	+	described in section 1 of this chapter.
	579	+	(2) A list of the names of individuals who have been granted
	580	+	a temporary license or certification by the commission under
	581	+	this chapter.
	582	+	Sec. 3. This chapter expires March 31, 2022.".
	583	+	Page 4, between lines 19 and 20, begin a new paragraph and insert:
	584	+	"SECTION 8. IC 22-4-2-41 IS ADDED TO THE INDIANA CODE
	585	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	586	+	EH 1001—LS 6280/DI 104 14
	587	+	UPON PASSAGE]: Sec. 41. As used in this article, "COVID-19" has
	588	+	the meaning set forth in IC 34-30-32-3.
	589	+	SECTION 9. IC 22-4-2-42 IS ADDED TO THE INDIANA CODE
	590	+	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	591	+	UPON PASSAGE]: Sec. 42. As used in this article, "immunization"
	592	+	means the treatment of an individual with a vaccine to produce
	593	+	immunity.
	594	+	SECTION 10. IC 22-4-11-1, AS AMENDED BY P.L.154-2013,
	595	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	596	+	UPON PASSAGE]: Sec. 1. (a) For the purpose of charging employers'
	597	+	experience or reimbursable accounts with regular benefits paid
	598	+	subsequent to July 3, 1971, to any eligible individual but except as
	599	+	provided in IC 22-4-22 and subsection subsections (f) and (i), such
	600	+	benefits paid shall be charged proportionately against the experience
	601	+	or reimbursable accounts of the individual's employers in the
	602	+	individual's base period (on the basis of total wage credits established
	603	+	in such base period) against whose accounts the maximum charges
	604	+	specified in this section shall not have been previously made. Such
	605	+	charges shall be made in the inverse chronological order in which the
	606	+	wage credits of such individuals were established. However, when an
	607	+	individual's claim has been computed for the purpose of determining
	608	+	the individual's regular benefit rights, maximum regular benefit
	609	+	amount, and the proportion of such maximum amount to be charged to
	610	+	the experience or reimbursable accounts of respective chargeable
	611	+	employers in the base period, the experience or reimbursable account
	612	+	of any employer charged with regular benefits paid shall not be
	613	+	credited or recredited with any portion of such maximum amount
	614	+	because of any portion of such individual's wage credits remaining
	615	+	uncharged at the expiration of the individual's benefit period. The
	616	+	maximum so charged against the account of any employer shall not
	617	+	exceed twenty-eight percent (28%) of the total wage credits of such
	618	+	individual with each such employer with which wage credits were
	619	+	established during such individual's base period. Benefits paid under
	620	+	provisions of IC 22-4-22-3 in excess of the amount that the claimant
	621	+	would have been monetarily eligible for under other provisions of this
	622	+	article shall be paid from the fund and not charged to the experience
	623	+	account of any employer. This exception shall not apply to those
	624	+	employers electing to make payments in lieu of contributions who shall
	625	+	be charged for the full amount of regular benefit payments and the part
	626	+	of benefits not reimbursed by the federal government under the
	627	+	Federal-State Extended Unemployment Compensation Act of 1970 that
	628	+	are attributable to service in their employ. Irrespective of the
	629	+	EH 1001—LS 6280/DI 104 15
	630	+	twenty-eight percent (28%) maximum limitation provided for in this
	631	+	section, the part of benefits not reimbursed by the federal government
	632	+	under the Federal-State Extended Unemployment Compensation Act
	633	+	of 1970 paid to an eligible individual based on service with a
	634	+	governmental entity of this state or its political subdivisions shall be
	635	+	charged to the experience or reimbursable accounts of the employers,
	636	+	and the part of benefits not reimbursed by the federal government
	637	+	under the Federal-State Extended Unemployment Compensation Act
	638	+	of 1970 paid to an eligible individual shall be charged to the experience
	639	+	or reimbursable accounts of the individual's employers in the
	640	+	individual's base period, other than governmental entities of this state
	641	+	or its political subdivisions, in the same proportion and sequence as are
	642	+	provided in this section for regular benefits paid. Additional benefits
	643	+	paid under IC 22-4-12-4(c) and benefits paid under IC 22-4-15-1(c)(8)
	644	+	shall:
	645	+	(1) be paid from the fund; and
	646	+	(2) not be charged to the experience account or the reimbursable
	647	+	account of any employer.
	648	+	(b) If the aggregate of wages paid to an individual by two (2) or
	649	+	more employers during the same calendar quarter exceeds the
	650	+	maximum wage credits (as defined in IC 22-4-4-3) then the experience
	651	+	or reimbursable account of each such employer shall be charged in the
	652	+	ratio which the amount of wage credits from such employer bears to the
	653	+	total amount of wage credits during the base period.
	654	+	(c) When wage records show that an individual has been employed
	655	+	by two (2) or more employers during the same calendar quarter of the
	656	+	base period but do not indicate both that such employment was
	657	+	consecutive and the order of sequence thereof, then and in such cases
	658	+	it shall be deemed that the employer with whom the individual
	659	+	established a plurality of wage credits in such calendar quarter is the
	660	+	most recent employer in such quarter and its experience or
	661	+	reimbursable account shall be first charged with benefits paid to such
	662	+	individual. The experience or reimbursable account of the employer
	663	+	with whom the next highest amount of wage credits were established
	664	+	shall be charged secondly and the experience or reimbursable accounts
	665	+	of other employers during such quarters, if any, shall likewise be
	666	+	charged in order according to plurality of wage credits established by
	667	+	such individual.
	668	+	(d) Except as provided in subsection (f) or section 1.5 of this
	669	+	chapter, if an individual:
	670	+	(1) voluntarily leaves an employer without good cause in
	671	+	connection with the work; or
	672	+	EH 1001—LS 6280/DI 104 16
	673	+	(2) is discharged from an employer for just cause;
	674	+	wage credits earned with the employer from whom the employee has
	675	+	separated under these conditions shall be used to compute the
	676	+	claimant's eligibility for benefits, but charges based on such wage
	677	+	credits shall be paid from the fund and not charged to the experience
	678	+	account of any employer. However, this exception shall not apply to
	679	+	those employers who elect to make payments in lieu of contributions,
	680	+	who shall be charged for all benefit payments which are attributable to
	681	+	service in their employ.
	682	+	(e) Any nonprofit organization which elects to make payments in
	683	+	lieu of contributions into the unemployment compensation fund as
	684	+	provided in this article is not liable to make the payments with respect
	685	+	to the benefits paid to any individual whose base period wages include
	686	+	wages for previously uncovered services as defined in IC 22-4-4-4, nor
	687	+	is the experience account of any other employer liable for charges for
	688	+	benefits paid the individual to the extent that the unemployment
	689	+	compensation fund is reimbursed for these benefits pursuant to Section
	690	+	121 of P.L.94-566. Payments which otherwise would have been
	691	+	chargeable to the reimbursable or contributing employers shall be
	692	+	charged to the fund.
	693	+	(f) If an individual:
	694	+	(1) earns wages during the individual's base period through
	695	+	employment with two (2) or more employers concurrently;
	696	+	(2) is separated from work by one (1) of the employers for reasons
	697	+	that would not result in disqualification under IC 22-4-15-1; and
	698	+	(3) continues to work for one (1) or more of the other employers
	699	+	after the end of the base period and continues to work during the
	700	+	applicable benefit year on substantially the same basis as during
	701	+	the base period;
	702	+	wage credits earned with the base period employers shall be used to
	703	+	compute the claimant's eligibility for benefits, but charges based on the
	704	+	wage credits from the employer who continues to employ the individual
	705	+	shall be charged to the experience or reimbursable account of the
	706	+	separating employer.
	707	+	(g) Subsection (f) does not affect the eligibility of a claimant who
	708	+	otherwise qualifies for benefits nor the computation of benefits.
	709	+	(h) Unemployment benefits paid shall not be charged to the
	710	+	experience account of a base period employer when the claimant's
	711	+	unemployment from the employer was a direct result of the
	712	+	condemnation of property by a municipal corporation (as defined in
	713	+	IC 36-1-2-10), the state, or the federal government, a fire, a flood, or an
	714	+	act of nature, when at least fifty percent (50%) of the employer's
	715	+	EH 1001—LS 6280/DI 104 17
	716	+	employees, including the claimant, became unemployed as a result.
	717	+	This exception does not apply when the unemployment was an
	718	+	intentional result of the employer or a person acting on behalf of the
	719	+	employer.
	720	+	(i) This subsection applies to an individual who has requested an
	721	+	exemption from an employer's COVID-19 immunization
	722	+	requirement and has complied with the requirements set forth in
	723	+	IC 22-5-4.6. If an individual:
	724	+	(1) earns wages during the individual's base period through
	725	+	employment with two (2) or more employers; and
	726	+	(2) is separated from work by an employer for failing or
	727	+	refusing to receive an immunization against COVID-19;
	728	+	wage credits earned with the base period employers shall be used
	729	+	to compute the claimant's eligibility for benefits, but charges based
	730	+	on the wage credits shall only be charged to the experience or
	731	+	reimbursable account of the separating employer described in
	732	+	subdivision (2).
	733	+	SECTION 11. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
	734	+	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	735	+	UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
	736	+	separation from employment before filing an initial or additional claim
	737	+	for benefits, an individual who voluntarily left the employment without
	738	+	good cause in connection with the work or was discharged from the
	739	+	employment for just cause is ineligible for waiting period or benefit
	740	+	rights for the week in which the disqualifying separation occurred and
	741	+	until:
	742	+	(1) the individual has earned remuneration in employment in at
	743	+	least eight (8) weeks; and
	744	+	(2) the remuneration earned equals or exceeds the product of the
	745	+	weekly benefit amount multiplied by eight (8).
	746	+	If the qualification amount has not been earned at the expiration of an
	747	+	individual's benefit period, the unearned amount shall be carried
	748	+	forward to an extended benefit period or to the benefit period of a
	749	+	subsequent claim.
	750	+	(b) When it has been determined that an individual has been
	751	+	separated from employment under disqualifying conditions as outlined
	752	+	in this section, the maximum benefit amount of the individual's current
	753	+	claim, as initially determined, shall be reduced by an amount
	754	+	determined as follows:
	755	+	(1) For the first separation from employment under disqualifying
	756	+	conditions, the maximum benefit amount of the individual's
	757	+	current claim is equal to the result of:
	758	+	EH 1001—LS 6280/DI 104 18
	759	+	(A) the maximum benefit amount of the individual's current
	760	+	claim, as initially determined; multiplied by
	761	+	(B) seventy-five percent (75%);
	762	+	rounded (if not already a multiple of one dollar ($1)) to the next
	763	+	higher dollar.
	764	+	(2) For the second separation from employment under
	765	+	disqualifying conditions, the maximum benefit amount of the
	766	+	individual's current claim is equal to the result of:
	767	+	(A) the maximum benefit amount of the individual's current
	768	+	claim determined under subdivision (1); multiplied by
	769	+	(B) eighty-five percent (85%);
	770	+	rounded (if not already a multiple of one dollar ($1)) to the next
	771	+	higher dollar.
	772	+	(3) For the third and any subsequent separation from employment
	773	+	under disqualifying conditions, the maximum benefit amount of
	774	+	the individual's current claim is equal to the result of:
	775	+	(A) the maximum benefit amount of the individual's current
	776	+	claim determined under subdivision (2); multiplied by
	777	+	(B) ninety percent (90%);
	778	+	rounded (if not already a multiple of one dollar ($1)) to the next
	779	+	higher dollar.
	780	+	(c) The disqualifications provided in this section shall be subject to
	781	+	the following modifications:
	782	+	(1) An individual shall not be subject to disqualification because
	783	+	of separation from the individual's employment if:
	784	+	(A) the individual left to accept with another employer
	785	+	previously secured permanent full-time work which offered
	786	+	reasonable expectation of continued covered employment and
	787	+	betterment of wages or working conditions and thereafter was
	788	+	employed on said job;
	789	+	(B) having been simultaneously employed by two (2)
	790	+	employers, the individual leaves one (1) such employer
	791	+	voluntarily without good cause in connection with the work
	792	+	but remains in employment with the second employer with a
	793	+	reasonable expectation of continued employment; or
	794	+	(C) the individual left to accept recall made by a base period
	795	+	employer.
	796	+	(2) An individual whose unemployment is the result of medically
	797	+	substantiated physical disability and who is involuntarily
	798	+	unemployed after having made reasonable efforts to maintain the
	799	+	employment relationship shall not be subject to disqualification
	800	+	under this section for such separation.
	801	+	EH 1001—LS 6280/DI 104 19
	802	+	(3) An individual who left work to enter the armed forces of the
	803	+	United States shall not be subject to disqualification under this
	804	+	section for such leaving of work.
	805	+	(4) An individual whose employment is terminated under the
	806	+	compulsory retirement provision of a collective bargaining
	807	+	agreement to which the employer is a party, or under any other
	808	+	plan, system, or program, public or private, providing for
	809	+	compulsory retirement and who is otherwise eligible shall not be
	810	+	deemed to have left the individual's work voluntarily without
	811	+	good cause in connection with the work. However, if such
	812	+	individual subsequently becomes reemployed and thereafter
	813	+	voluntarily leaves work without good cause in connection with the
	814	+	work, the individual shall be deemed ineligible as outlined in this
	815	+	section.
	816	+	(5) An otherwise eligible individual shall not be denied benefits
	817	+	for any week because the individual is in training approved under
	818	+	Section 236(a)(1) of the Trade Act of 1974, nor shall the
	819	+	individual be denied benefits by reason of leaving work to enter
	820	+	such training, provided the work left is not suitable employment,
	821	+	or because of the application to any week in training of provisions
	822	+	in this law (or any applicable federal unemployment
	823	+	compensation law), relating to availability for work, active search
	824	+	for work, or refusal to accept work. For purposes of this
	825	+	subdivision, the term "suitable employment" means with respect
	826	+	to an individual, work of a substantially equal or higher skill level
	827	+	than the individual's past adversely affected employment (as
	828	+	defined for purposes of the Trade Act of 1974), and wages for
	829	+	such work at not less than eighty percent (80%) of the individual's
	830	+	average weekly wage as determined for the purposes of the Trade
	831	+	Act of 1974.
	832	+	(6) An individual is not subject to disqualification because of
	833	+	separation from the individual's employment if:
	834	+	(A) the employment was outside the individual's labor market;
	835	+	(B) the individual left to accept previously secured full-time
	836	+	work with an employer in the individual's labor market; and
	837	+	(C) the individual actually became employed with the
	838	+	employer in the individual's labor market.
	839	+	(7) An individual who, but for the voluntary separation to move
	840	+	to another labor market to join a spouse who had moved to that
	841	+	labor market, shall not be disqualified for that voluntary
	842	+	separation, if the individual is otherwise eligible for benefits.
	843	+	Benefits paid to the spouse whose eligibility is established under
	844	+	EH 1001—LS 6280/DI 104 20
	845	+	this subdivision shall not be charged against the employer from
	846	+	whom the spouse voluntarily separated.
	847	+	(8) An individual shall not be subject to disqualification if the
	848	+	individual voluntarily left employment or was discharged due to
	849	+	circumstances directly caused by domestic or family violence (as
	850	+	defined in IC 31-9-2-42). An individual who may be entitled to
	851	+	benefits based on this modification may apply to the office of the
	852	+	attorney general under IC 5-26.5 to have an address designated by
	853	+	the office of the attorney general to serve as the individual's
	854	+	address for purposes of this article.
	855	+	(9) An individual shall not be subject to disqualification if the
	856	+	individual:
	857	+	(A) has requested an exemption from an employer's
	858	+	COVID-19 immunization requirement;
	859	+	(B) has complied with the requirements set forth in
	860	+	IC 22-5-4.6; and
	861	+	(C) was discharged from employment for failing or
	862	+	refusing to receive an immunization against COVID-19.
	863	+	As used in this subsection, "labor market" means the area surrounding
	864	+	an individual's permanent residence, outside which the individual
	865	+	cannot reasonably commute on a daily basis. In determining whether
	866	+	an individual can reasonably commute under this subdivision, the
	867	+	department shall consider the nature of the individual's job.
	868	+	(d) "Discharge for just cause" as used in this section is defined to
	869	+	include but not be limited to:
	870	+	(1) separation initiated by an employer for falsification of an
	871	+	employment application to obtain employment through
	872	+	subterfuge;
	873	+	(2) knowing violation of a reasonable and uniformly enforced rule
	874	+	of an employer, including a rule regarding attendance;
	875	+	(3) if an employer does not have a rule regarding attendance, an
	876	+	individual's unsatisfactory attendance, if good cause for absences
	877	+	or tardiness is not established;
	878	+	(4) damaging the employer's property through willful negligence;
	879	+	(5) refusing to obey instructions;
	880	+	(6) reporting to work under the influence of alcohol or drugs or
	881	+	consuming alcohol or drugs on employer's premises during
	882	+	working hours;
	883	+	(7) conduct endangering safety of self or coworkers;
	884	+	(8) incarceration in jail following conviction of a misdemeanor or
	885	+	felony by a court of competent jurisdiction;
	886	+	(9) any breach of duty in connection with work which is
	887	+	EH 1001—LS 6280/DI 104 21
	888	+	reasonably owed an employer by an employee; or
	889	+	(10) testing positive on a drug test under IC 16-27-2.5.
	890	+	(e) To verify that domestic or family violence has occurred, an
	891	+	individual who applies for benefits under subsection (c)(8) shall
	892	+	provide one (1) of the following:
	893	+	(1) A report of a law enforcement agency (as defined in
	894	+	IC 10-13-3-10).
	895	+	(2) A protection order issued under IC 34-26-5.
	896	+	(3) A foreign protection order (as defined in IC 34-6-2-48.5).
	897	+	(4) An affidavit from a domestic violence service provider
	898	+	verifying services provided to the individual by the domestic
	899	+	violence service provider.".
	900	+	Page 4, between lines 24 and 25, begin a new paragraph and insert:
	901	+	"Sec. 0.5. (a) This chapter does not apply to the following:
	902	+	(1) An employee when the employee is working in another
	903	+	state, if the employer provides accommodations for a
	904	+	COVID-19 immunization requirement for the employee in
	905	+	accordance with:
	906	+	(A) Title VII of the federal Civil Rights Act of 1964, as
	907	+	amended (42 U.S.C. 2000e et seq.); and
	908	+	(B) the Americans with Disabilities Act (42 U.S.C. 12101 et
	909	+	seq.).
	910	+	(2) An employer who has entered into a federally awarded or
	911	+	amended contract, subcontract, or postsecondary grant as a
	912	+	condition to receive federal funds, if:
	913	+	(A) a COVID-19 immunization requirement is imposed on
	914	+	parties that contract with the federal government under
	915	+	federal law, federal regulation, or federal executive order;
	916	+	(B) compliance with this chapter would result in a breach
	917	+	of contract or a loss of federal funding;
	918	+	(C) the employer provides accommodations for the
	919	+	COVID-19 immunization requirement for an employee in
	920	+	accordance with:
	921	+	(i) Title VII of the federal Civil Rights Act of 1964, as
	922	+	amended (42 U.S.C. 2000e et seq.); and
	923	+	(ii) the Americans with Disabilities Act (42 U.S.C. 12101
	924	+	et seq.); and
	925	+	(D) an employer files with the secretary of state business
	926	+	services division evidence that:
	927	+	(i) a COVID-19 immunization requirement is imposed on
	928	+	parties that contract with the federal government under
	929	+	federal law, federal regulation, or federal executive
	930	+	EH 1001—LS 6280/DI 104 22
	931	+	order; and
	932	+	(ii) the employer has entered into a federally awarded or
	933	+	amended contract, subcontract, or postsecondary grant
	934	+	as a condition to receive federal funds.
	935	+	(b) Subsection (a)(2)(D) does not require an employer to disclose
	936	+	confidential or proprietary information to the secretary of state.
	937	+	An employer may redact any confidential or proprietary
	938	+	information prior to submitting the evidence described in
	939	+	subsection (a)(2)(D).
	940	+	(c) The information collected or maintained by the secretary of
	941	+	state under subsection (a)(2)(D) shall be:
	942	+	(1) public information; and
	943	+	(2) available electronically for inspection by the public.".
	944	+	Page 4, delete lines 27 through 29, begin a new paragraph and
	945	+	insert:
	946	+	"Sec. 2. As used in this chapter, "employee" means an individual
	947	+	who works for an employer on a full-time or part-time basis, either
	948	+	paid or unpaid. The term includes:
	949	+	(1) an independent contractor;
	950	+	(2) a subcontractor; and
	951	+	(3) a student who works as a trainee or an intern.".
	952	+	Page 4, delete lines 39 through 42, begin a new paragraph and
	953	+	insert:
	954	+	"Sec. 5. (a) An employer may not impose a requirement that
	955	+	employees receive an immunization against COVID-19 unless the
	956	+	employer provides individual exemptions that allow an employee
	957	+	to opt out of the requirement on the basis of any of the following:
	958	+	(1) Medical reasons.
	959	+	(2) Religious reasons.
	960	+	(3) An employee has agreed to submit to testing for the
	961	+	presence of COVID-19 in lieu of receiving an immunization
	962	+	against COVID-19 as set forth in subsection (b).
	963	+	(4) An employee has immunity from COVID-19 acquired
	964	+	from a prior infection with COVID-19.
	965	+	(b) An employer may require an employee to submit to testing
	966	+	for the presence of COVID-19 not more than once a week, if the
	967	+	employee receives an exemption based on:
	968	+	(1) medical reasons under subsection (a)(1);
	969	+	(2) religious reasons under subsection (a)(2);
	970	+	(3) an agreement to testing under subsection (a)(3); or
	971	+	(4) immunity from COVID-19 acquired from a prior infection
	972	+	with COVID-19 under subsection (a)(4).
	973	+	EH 1001—LS 6280/DI 104 23
	974	+	(c) An employer may not require an employee who is required
	975	+	to submit to testing for the presence of COVID-19 under this
	976	+	section to pay for the cost of the test described in subsection (b).".
	977	+	Page 5, delete lines 1 through 22, begin a new paragraph and insert:
	978	+	"Sec. 5.5. (a) As used in this section, "department" refers to the
	979	+	department of workforce development established under
	980	+	IC 22-4.1-2-1.
	981	+	(b) An employer may seek reimbursement of the costs of a test
	982	+	for the presence of COVID-19 taken by an employee under section
	983	+	5(b) of this chapter that:
	984	+	(1) has been approved by the federal Food and Drug
	985	+	Administration; and
	986	+	(2) is the least invasive testing option available.
	987	+	(c) A reimbursement under subsection (b) shall be paid from
	988	+	any state or federal funds that may be used for employee testing
	989	+	for the presence of COVID-19.
	990	+	(d) A reimbursement under subsection (b) may not exceed fifty
	991	+	dollars ($50) per test.
	992	+	(e) The department shall establish rules regarding the method
	993	+	of distribution of the funds made available for employee testing for
	994	+	the presence of COVID-19 under this section, including the
	995	+	following:
	996	+	(1) The timely distribution of funds.
	997	+	(2) The verification and authentication of a request for
	998	+	reimbursement under subsection (b).
	999	+	(f) The department shall adopt rules under IC 4-22-2, including
	1000	+	emergency rules in the manner provided under IC 4-22-2-37.1, to
	1001	+	carry out the department's responsibilities under this section.
	1002	+	Notwithstanding IC 4-22-2-37.1(g)(2), the department may extend
	1003	+	an emergency rule adopted to carry out this section for not more
	1004	+	than two (2) extension periods.
	1005	+	(g) This section expires June 30, 2023.".
	1006	+	Page 5, delete lines 39 through 42, begin a new paragraph and
	1007	+	insert:
	1008	+	"(c) Unless an employer waives the documentation requirements
	1009	+	under this subsection, to claim an exemption based on immunity
	1010	+	from COVID-19 acquired from a prior infection with COVID-19,
	1011	+	an employee must present to the employer the result of a
	1012	+	laboratory test performed on the employee that has been approved
	1013	+	by the federal Food and Drug Administration, including any of the
	1014	+	following:
	1015	+	(1) A polymerase chain reaction test (PCR) test.
	1016	+	EH 1001—LS 6280/DI 104 24
	1017	+	(2) An antigen test.
	1018	+	(3) An antibody or serology test.
	1019	+	An employer may request that an employee submit a new
	1020	+	laboratory test result as described in this subsection not more than
	1021	+	once every six (6) months.".
	1022	+	Page 6, delete lines 1 through 7.
	1023	+	Page 6, delete line 12, begin a new line block indented and insert:
	1024	+	"(3) immunity from COVID-19 acquired from a prior
	1025	+	infection with COVID-19;".
	1026	+	Page 6, line 24, delete "5(b)(1)" and insert "5(a)(3)".
	1027	+	Page 6, delete lines 26 through 27, begin a new line block indented
	1028	+	and insert:
	1029	+	"(4) immunity from COVID-19 acquired from a prior
	1030	+	infection with COVID-19 under section 5(a)(4) of this
	1031	+	chapter.".
	1032	+	Page 6, line 31, delete "5(b)(1)" and insert "5(a)(3)".
	1033	+	Page 6, between lines 37 and 38, begin a new paragraph and insert:
	1034	+	"SECTION 13. IC 25-1-5.7 IS ADDED TO THE INDIANA CODE
	1035	+	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	1036	+	UPON PASSAGE]:
	1037	+	Chapter 5.7. Emergency Practitioner Temporary Licensing
	1038	+	Sec. 1. As used in this chapter, "board" has the meaning set
	1039	+	forth in IC 25-0.5-11-1.
	1040	+	Sec. 2. As used in this chapter, "license" includes a license,
	1041	+	certificate, registration, or permit.
	1042	+	Sec. 3. As used in this chapter, "licensing agency" means the
	1043	+	Indiana professional licensing agency created by IC 25-1-5-3.
	1044	+	Sec. 4. Notwithstanding any other law, the licensing agency shall
	1045	+	issue a temporary license to an individual if the individual satisfies
	1046	+	the following conditions:
	1047	+	(1) The individual applies for the temporary license in the
	1048	+	manner prescribed by the licensing agency.
	1049	+	(2) The individual has, within the past five (5) years, held:
	1050	+	(A) a license issued by a board; or
	1051	+	(B) an equivalent license in another state;
	1052	+	to practice the profession.
	1053	+	(3) The individual remains in good standing with the board or
	1054	+	licensing agency and the license described in subdivision (2):
	1055	+	(A) was retired, surrendered, or otherwise inactivated by
	1056	+	the individual; and
	1057	+	(B) was not revoked, suspended, or relinquished by the
	1058	+	board or licensing agency.
	1059	+	EH 1001—LS 6280/DI 104 25
	1060	+	Sec. 5. Notwithstanding any other law, the licensing agency shall
	1061	+	issue a temporary license to an individual who has an equivalent
	1062	+	license in another state to a license issued by a board if the
	1063	+	individual satisfies the following conditions:
	1064	+	(1) The individual applies for the temporary license in the
	1065	+	manner prescribed by the licensing agency.
	1066	+	(2) The individual remains in good standing and has not been
	1067	+	disciplined by the state that has jurisdiction to issue the
	1068	+	license.
	1069	+	Sec. 6. Notwithstanding any other law, the licensing agency shall
	1070	+	issue a temporary license to a recently graduated student if the
	1071	+	student satisfies the following conditions:
	1072	+	(1) The student applies for the temporary license in the
	1073	+	manner prescribed by the licensing agency.
	1074	+	(2) The student has successfully completed all required course
	1075	+	work at an accredited or approved school.
	1076	+	(3) The student has submitted a certificate of completion to
	1077	+	the licensing agency.
	1078	+	(4) The student has applied for any of the following:
	1079	+	(A) A physician assistant license under IC 25-27.5-4.
	1080	+	(B) A nurse license under IC 25-23.
	1081	+	(C) A respiratory care practitioner license under
	1082	+	IC 25-34.5.
	1083	+	(D) A pharmacist license under IC 25-26-13.
	1084	+	Sec. 7. The licensing agency shall post the following on the
	1085	+	licensing agency's Internet web site:
	1086	+	(1) The application for a temporary license described in
	1087	+	sections 4, 5, and 6 of this chapter.
	1088	+	(2) A list of the names of individuals who have been granted
	1089	+	a temporary license by the licensing agency under this
	1090	+	chapter.
	1091	+	Sec. 8. This chapter expires March 31, 2022.
	1092	+	SECTION 14. IC 34-18-3-2 IS AMENDED TO READ AS
	1093	+	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) Except as
	1094	+	provided in subsection (b), for a health care provider to be qualified
	1095	+	under this article, the health care provider or the health care provider's
	1096	+	insurance carrier shall:
	1097	+	(1) cause to be filed with the commissioner proof of financial
	1098	+	responsibility established under IC 34-18-4; and
	1099	+	(2) pay the surcharge assessed on all health care providers under
	1100	+	IC 34-18-5.
	1101	+	(b) A health care provider who has a temporary license under
	1102	+	EH 1001—LS 6280/DI 104 26
	1103	+	IC 16-31-11.5 or IC 25-1-5.7 is qualified under this article
	1104	+	regardless of whether the health care provider meets the other
	1105	+	requirements under this chapter. This subsection expires March
	1106	+	31, 2022.
	1107	+	SECTION 15. IC 34-18-3-3 IS AMENDED TO READ AS
	1108	+	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Except as
	1109	+	provided in subsection (b), the officers, agents, and employees of a
	1110	+	health care provider, while acting in the course and scope of their
	1111	+	employment, may be qualified under this chapter if the following
	1112	+	conditions are met:
	1113	+	(1) The officers, agents, and employees are individually named or
	1114	+	are members of a named class in the proof of financial
	1115	+	responsibility filed by the health care provider under IC 34-18-4.
	1116	+	(2) The surcharge assessed under IC 34-18-5 is paid.
	1117	+	(b) An officer, agent, or employee of a health care provider who
	1118	+	has a temporary license under IC 16-31-11.5 or IC 25-1-5.7 is
	1119	+	qualified under this article regardless of whether the officer, agent,
	1120	+	or employee meets the other requirements under this chapter. This
	1121	+	subsection expires March 31, 2022.
	1122	+	SECTION 16. IC 34-18-3-7 IS AMENDED TO READ AS
	1123	+	FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The
	1124	+	commissioner shall adopt rules under IC 4-22-2 to establish the
	1125	+	following:
	1126	+	(1) Criteria for determining, upon application, whether a
	1127	+	corporation, limited liability company, partnership, or
	1128	+	professional corporation is subject to IC 34-18-2-14(7) and thus
	1129	+	is eligible to qualify as a health care provider under this chapter.
	1130	+	(2) The minimum annual aggregate insurance amount necessary
	1131	+	for the corporation, limited liability company, partnership, or
	1132	+	professional corporation to become qualified under
	1133	+	IC 34-18-2-14(7).
	1134	+	(b) The criteria to be established by rule under subsection (a)(1)
	1135	+	must include the identification of the health care purpose and function
	1136	+	of the corporation, limited liability company, partnership, or
	1137	+	professional corporation.
	1138	+	(c) The minimum annual aggregate insurance amount to be set by
	1139	+	rule under subsection (a)(2) may not exceed five hundred thousand
	1140	+	dollars ($500,000).
	1141	+	(d) The commissioner may require a corporation, limited liability
	1142	+	company, partnership, or professional corporation that seeks to qualify
	1143	+	under IC 34-18-2-14(7) and this chapter to provide information
	1144	+	necessary to determine eligibility and to establish the minimum annual
	1145	+	EH 1001—LS 6280/DI 104 27
	1146	+	aggregate amount applicable to the corporation, limited liability
	1147	+	company, partnership, or professional corporation.
	1148	+	(e) The commissioner may require a health care provider who
	1149	+	is qualified under section 2(b) of this chapter and an officer, agent,
	1150	+	and employee of a health care provider who is qualified under
	1151	+	section (3)(b) of this chapter to provide information necessary to
	1152	+	determine eligibility.".
	1153	+	Renumber all SECTIONS consecutively.
	1154	+	and when so amended that said bill do pass.
	1155	+	(Reference is to HB 1001 as introduced.)
	1156	+	VANNATTER
	1157	+	Committee Vote: yeas 7, nays 4.
	1158	+	_____
	1159	+	HOUSE MOTION
	1160	+	Mr. Speaker: I move that House Bill 1001 be amended to read as
	1161	+	follows:
	1162	+	Page 5, delete lines 18 through 42.
	1163	+	Delete pages 6 through 7.
	1164	+	Page 8, delete lines 1 through 27.
	1165	+	Renumber all SECTIONS consecutively.
	1166	+	(Reference is to HB 1001 as printed January 6, 2022.)
	1167	+	LEONARD
	1168	+	_____
	1169	+	HOUSE MOTION
	1170	+	Mr. Speaker: I move that House Bill 1001 be amended to read as
	1171	+	follows:
	1172	+	Page 16, between lines 23 and 24, begin a new paragraph and insert:
	1173	+	"Sec. 9. A:
	1174	+	(1) contract;
	1175	+	(2) bid specification; or
	1176	+	(3) agreement;
	1177	+	entered into after March 31, 2022, may not contain a provision
	1178	+	EH 1001—LS 6280/DI 104 28
	1179	+	requiring an employee to receive an immunization against
	1180	+	COVID-19 that limits in any way the rights and protections
	1181	+	provided to an employee under this chapter.".
	1182	+	Page 16, line 24, delete "9." and insert "10.".
	1183	+	(Reference is to HB 1001 as printed January 6, 2022.)
	1184	+	GOODRICH
	1185	+	_____
	1186	+	COMMITTEE REPORT
	1187	+	Madam President: The Senate Committee on Health and Provider
	1188	+	Services, to which was referred House Bill No. 1001, has had the same
	1189	+	under consideration and begs leave to report the same back to the
	1190	+	Senate with the recommendation that said bill be AMENDED as
	1191	+	follows:
	1192	+	Page 1, delete lines 1 through 15.
	1193	+	Page 2, delete lines 1 through 17.
	1194	+	Page 2, delete lines 23 through 42.
	1195	+	Delete page 3.
	1196	+	Page 4, delete lines 1 through 19, begin a new paragraph and insert:
	1197	+	"SECTION 5. IC 16-39-11-3, AS ADDED BY P.L.196-2021,
	1198	+	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1199	+	UPON PASSAGE]: Sec. 3. As used in this chapter, "immunization
	1200	+	passport" means written, electronic, or printed information regarding
	1201	+	an individual's immunization status against COVID-19.".
	1202	+	Page 5, delete lines 9 through 42.
	1203	+	Delete pages 6 through 8.
	1204	+	Page 9, delete lines 1 through 12.
	1205	+	Page 10, between lines 8 and 9, begin a new line block indented and
	1206	+	insert:
	1207	+	"(3) A health care facility that is subject to a federal
	1208	+	immunization requirement against COVID-19 for the health
	1209	+	care facility's employees.
	1210	+	(4) An employer or employee when:
	1211	+	(A) the employer operates a professional sports
	1212	+	organization or an entertainment complex (as defined in
	1213	+	IC 7.1-1-3-16.5);
	1214	+	(B) employees of the employer work in close proximity to
	1215	+	the live sports or entertainment; and
	1216	+	EH 1001—LS 6280/DI 104 29
	1217	+	(C) the employer provides accommodations for a
	1218	+	COVID-19 immunization requirement for employees in
	1219	+	accordance with:
	1220	+	(i) Title VII of the federal Civil Rights Act of 1964 (42
	1221	+	U.S.C. 2000e et seq.); and
	1222	+	(ii) the Americans with Disabilities Act (42 U.S.C. 12101
	1223	+	et seq.).".
	1224	+	Page 11, line 5, delete "once" and insert "twice".
	1225	+	Page 11, delete lines 12 through 42.
	1226	+	Page 12, line 29, delete "six (6)" and insert "three (3)".
	1227	+	Page 12, delete lines 30 through 42, begin a new paragraph and
	1228	+	insert:
	1229	+	"Sec. 7. (a) If an employer receives a completed exemption
	1230	+	statement for an exemption based on:
	1231	+	(1) medical reasons; or
	1232	+	(2) immunity from COVID-19 acquired from a prior infection
	1233	+	with COVID-19;
	1234	+	in accordance with section 6 of this chapter, the employer must
	1235	+	allow the employee to opt out of the employer's COVID-19
	1236	+	immunization requirement as provided in section 5 of this chapter
	1237	+	without further inquiry.
	1238	+	(b) If an employer receives a completed exemption statement for
	1239	+	an exemption based on religious reasons in accordance with section
	1240	+	6(b) of this chapter, the employer must make a religious
	1241	+	accommodation in compliance with Title VII of the federal Civil
	1242	+	Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans
	1243	+	with Disabilities Act (42 U.S.C. 12101 et seq.).".
	1244	+	Page 13, delete lines 1 through 13.
	1245	+	Page 13, line 14, delete "9." and insert "8.".
	1246	+	Page 13, line 22, delete "10." and insert "9.".
	1247	+	Page 13, delete lines 27 through 42.
	1248	+	Delete pages 14 through 15.
	1249	+	Page 16, delete lines 1 through 16.
	1250	+	Renumber all SECTIONS consecutively.
	1251	+	and when so amended that said bill do pass.
	1252	+	(Reference is to HB 1001 as reprinted January 14, 2022.)
	1253	+	CHARBONNEAU, Chairperson
	1254	+	Committee Vote: Yeas 8, Nays 2.
	1255	+	EH 1001—LS 6280/DI 104 30
	1256	+	SENATE MOTION
	1257	+	Madam President: I move that Engrossed House Bill 1001 be
	1258	+	amended to read as follows:
	1259	+	Page 1, between the enacting clause and line 1, begin a new
	1260	+	paragraph and insert:
	1261	+	"SECTION 1. IC 12-8-1.5-7.5 IS ADDED TO THE INDIANA
15	1262		CODE AS A NEW SECTION TO READ AS FOLLOWS
16	1263		[EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) Notwithstanding any
17	1264		other law, the secretary, through the offices, may issue a waiver, in
18	1265		writing, of provisions of this title and rules adopted under
19	1266		IC 4-22-2 concerning provisions of this title if the secretary
20	1267		determines that the waiver is necessary to claim any enhanced
21	1268		federal matching funds available from:
22	1269		(1) the federal Families First Coronavirus Response Act;
23	1270		(2) the federal American Rescue Plan Act of 2021; or
24	1271		(3) any other federal law, regulation, guidance, or policy
25	1272		pertaining to COVID-19 (as defined in IC 16-39-11-1) relief;
26	1273		for the Medicaid program or programs funded through Medicaid.
27	1274		(b) Not later than March 1, 2022, and every six (6) months
28	1275		thereafter, the secretary shall prepare and submit a report to the
29	1276		budget committee concerning any waiver issued under subsection
30	1277		(a).
31	1278		(c) Nothing in this section may be construed to obligate the
32	1279		secretary to issue a waiver under this section.
33	1280		(d) This section expires on the day after the date that the funds
34	1281		described in subsection (a)(1) through (a)(3) are no longer
35	1282		available to the state.
36		-	HEA 1001 — Concur 2
37	1283		SECTION 2. IC 12-14-30-7 IS ADDED TO THE INDIANA CODE
38	1284		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
39	1285		UPON PASSAGE]: Sec. 7. (a) The secretary may issue an
40	1286		emergency declaration for the purpose of participating in SNAP
41	1287		emergency allotments authorized under the federal Families First
42	1288		Coronavirus Response Act.
43	1289		(b) The secretary shall prepare and submit a report to the
44	1290		budget committee when any emergency declaration is issued under
45	1291		this section.
46		-	(c) This section expires April 16, 2022.
47		-	SECTION 3. IC 16-18-2-187.8 IS ADDED TO THE INDIANA
48		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
49		-	[EFFECTIVE UPON PASSAGE]: Sec. 187.8. "Indiana governmental
50		-	entity", for purposes of IC 16-39-11, has the meaning set forth in
51		-	IC 16-39-11-4.5.
52		-	SECTION 4. IC 16-19-4-11, AS AMENDED BY P.L.218-2019,
	1292	+	(c) This section expires April 16, 2022.".
	1293	+	Page 1, between lines 5 and 6, begin a new paragraph and INSERT:
	1294	+	"SECTION 4. IC 16-19-4-11, AS AMENDED BY P.L.218-2019,
53	1295		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54	1296		UPON PASSAGE]: Sec. 11. (a) The state health commissioner or the
55	1297		commissioner's designated public health authority who is a licensed
	1298	+	EH 1001—LS 6280/DI 104 31
56	1299		prescriber may, as part of the individual's official capacity, issue a
57	1300		standing order, prescription, or protocol that allows a pharmacist to
58	1301		administer or dispense any of the following:
59	1302		(1) An immunization that is recommended by the federal Centers
60	1303		for Disease Control and Prevention Advisory Committee on
61	1304		Immunization Practices for individuals who are not less than
62	1305		eleven (11) years of age.
63	1306		(2) A smoking cessation product. However, the pharmacist must
64	1307		inform the patient that the patient must have a follow-up
65	1308		consultation with the patient's licensed prescriber.
66	1309		(b) This subsection does not apply to a pharmacist. The state health
67	1310		commissioner or the commissioner's designated public health authority
68	1311		who is a licensed prescriber may, as part of the individual's official
69	1312		capacity, issue a standing order, prescription, or protocol that allows an
70	1313		individual who is licensed, certified, or registered by a board (as
71	1314		defined in IC 25-1-9-1), and if within the individual's scope of practice,
72	1315		to administer or dispense an immunization that is recommended by the
73	1316		federal Centers for Disease Control and Prevention Advisory
74	1317		Committee on Immunization Practices for individuals who are not less
75	1318		than eleven (11) years of age.
76	1319		(c) A standing order described in subsection (a), or (b), or (e) must
77	1320		include the following:
78	1321		(1) The purpose of the order.
79	1322		(2) The eligible recipients.
80	1323		(3) The geographic area covered by the standing order.
81		-	HEA 1001 — Concur 3
82	1324		(4) The procedure for administering or dispensing the
83	1325		immunization or product.
84	1326		(5) A timeline for renewing or updating the standing order.
85	1327		(d) The state health commissioner or designated public health
86	1328		authority who issues a standing order, prescription, or protocol under
87	1329		subsection (a), or (b), or (e) is immune from civil liability related to the
88	1330		issuing of the standing order, prescription, or protocol.
89	1331		(e) Notwithstanding subsection (a) and subsection (b), the state
90	1332		health commissioner or the commissioner's designated public
91	1333		health authority may issue a standing order, prescription, or
92	1334		protocol to administer or dispense an immunization that is
93	1335		recommended by the federal Centers for Disease Control and
94	1336		Prevention Advisory Committee on Immunization Practices for
95	1337		individuals who are at least five (5) years of age. Nothing in this
96	1338		subsection authorizes the state health commissioner or the
97	1339		commissioner's designated public health authority to:
	1340	+	EH 1001—LS 6280/DI 104 32
98	1341		(1) require an individual to receive an immunization for
99	1342		COVID-19; or
100	1343		(2) waive or otherwise allow a minor to receive an
101	1344		immunization without the consent of the parent or guardian
102	1345		as required under IC 16-36-1.
103	1346		This subsection expires at the conclusion of the federal public
104	1347		health emergency concerning COVID-19 that was renewed on
105	1348		October 15, 2021, or any subsequent renewal of the declared
106		-	federal public health emergency concerning COVID-19.
107		-	SECTION 5. IC 16-39-11-3, AS ADDED BY P.L.196-2021,
108		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
109		-	UPON PASSAGE]: Sec. 3. As used in this chapter, "immunization
110		-	passport" means written, electronic, or printed information regarding
111		-	an individual's immunization status against COVID-19.
112		-	SECTION 6. IC 16-39-11-4.5 IS ADDED TO THE INDIANA
113		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
114		-	[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) As used in this
115		-	chapter, "Indiana governmental entity" means:
116		-	(1) the state (as defined in IC 5-11-1-16(b));
117		-	(2) a state educational institution (as defined in
118		-	IC 21-7-13-32);
119		-	(3) a political subdivision (as defined in IC 36-1-2-13); or
120		-	(4) a public school corporation (as defined in IC 4-4-38.5-6.2).
121		-	(b) The term does not include the following:
122		-	(1) A state institution (as defined in IC 12-7-2-184).
123		-	(2) A hospital organized or operated under IC 16-22-1
124		-	through IC 16-22-5, IC 16-22-8, or IC 16-23-1.
125		-	SECTION 7. IC 16-39-11-5, AS ADDED BY P.L.196-2021,
126		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
127		-	HEA 1001 — Concur 4
128		-	UPON PASSAGE]: Sec. 5. (a) Except as provided in subsection (b),
129		-	the state or a local unit an Indiana governmental entity may not issue
130		-	or require an immunization passport.
131		-	(b) This section does not prohibit the state or a local unit an
132		-	Indiana governmental entity from doing any of the following:
133		-	(1) Maintaining, creating, or storing a medical record of an
134		-	individual's immunization status.
135		-	(2) Providing a medical record of an individual's immunization
136		-	status to the individual's medical provider in accordance with the
137		-	federal Health Insurance Portability and Accountability Act
138		-	(HIPAA) (P.L.104-191).
139		-	(3) Providing the individual with a record of an immunization at
140		-	the time the individual receives the immunization or upon request
141		-	by the individual.
142		-	(4) Maintaining an immunization record for the purpose of public
143		-	health administration.
144		-	SECTION 8. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
	1349	+	federal public health emergency concerning COVID-19.".
	1350	+	Page 2, between lines 26 and 27, begin a new paragraph and insert:
	1351	+	"SECTION 8. IC 22-4-15-1, AS AMENDED BY P.L.224-2017,
145	1352		SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146	1353		UPON PASSAGE]: Sec. 1. (a) Regarding an individual's most recent
147	1354		separation from employment before filing an initial or additional claim
148	1355		for benefits, an individual who voluntarily left the employment without
149	1356		good cause in connection with the work or was discharged from the
150	1357		employment for just cause is ineligible for waiting period or benefit
151	1358		rights for the week in which the disqualifying separation occurred and
152	1359		until:
153	1360		(1) the individual has earned remuneration in employment in at
154	1361		least eight (8) weeks; and
155	1362		(2) the remuneration earned equals or exceeds the product of the
156	1363		weekly benefit amount multiplied by eight (8).
157	1364		If the qualification amount has not been earned at the expiration of an
158	1365		individual's benefit period, the unearned amount shall be carried
159	1366		forward to an extended benefit period or to the benefit period of a
160	1367		subsequent claim.
161	1368		(b) When it has been determined that an individual has been
162	1369		separated from employment under disqualifying conditions as outlined
163	1370		in this section, the maximum benefit amount of the individual's current
164	1371		claim, as initially determined, shall be reduced by an amount
165	1372		determined as follows:
166	1373		(1) For the first separation from employment under disqualifying
167	1374		conditions, the maximum benefit amount of the individual's
168	1375		current claim is equal to the result of:
169	1376		(A) the maximum benefit amount of the individual's current
170	1377		claim, as initially determined; multiplied by
171	1378		(B) seventy-five percent (75%);
172		-	HEA 1001 — Concur 5
173	1379		rounded (if not already a multiple of one dollar ($1)) to the next
174	1380		higher dollar.
	1381	+	EH 1001—LS 6280/DI 104 33
175	1382		(2) For the second separation from employment under
176	1383		disqualifying conditions, the maximum benefit amount of the
177	1384		individual's current claim is equal to the result of:
178	1385		(A) the maximum benefit amount of the individual's current
179	1386		claim determined under subdivision (1); multiplied by
180	1387		(B) eighty-five percent (85%);
181	1388		rounded (if not already a multiple of one dollar ($1)) to the next
182	1389		higher dollar.
183	1390		(3) For the third and any subsequent separation from employment
184	1391		under disqualifying conditions, the maximum benefit amount of
185	1392		the individual's current claim is equal to the result of:
186	1393		(A) the maximum benefit amount of the individual's current
187	1394		claim determined under subdivision (2); multiplied by
188	1395		(B) ninety percent (90%);
189	1396		rounded (if not already a multiple of one dollar ($1)) to the next
190	1397		higher dollar.
191	1398		(c) The disqualifications provided in this section shall be subject to
192	1399		the following modifications:
193	1400		(1) An individual shall not be subject to disqualification because
194	1401		of separation from the individual's employment if:
195	1402		(A) the individual left to accept with another employer
196	1403		previously secured permanent full-time work which offered
197	1404		reasonable expectation of continued covered employment and
198	1405		betterment of wages or working conditions and thereafter was
199	1406		employed on said job;
200	1407		(B) having been simultaneously employed by two (2)
201	1408		employers, the individual leaves one (1) such employer
202	1409		voluntarily without good cause in connection with the work
203	1410		but remains in employment with the second employer with a
204	1411		reasonable expectation of continued employment; or
205	1412		(C) the individual left to accept recall made by a base period
206	1413		employer.
207	1414		(2) An individual whose unemployment is the result of medically
208	1415		substantiated physical disability and who is involuntarily
209	1416		unemployed after having made reasonable efforts to maintain the
210	1417		employment relationship shall not be subject to disqualification
211	1418		under this section for such separation.
212	1419		(3) An individual who left work to enter the armed forces of the
213	1420		United States shall not be subject to disqualification under this
214	1421		section for such leaving of work.
215	1422		(4) An individual whose employment is terminated under the
216	1423		compulsory retirement provision of a collective bargaining
217		-	~~HEA~~ 1001 ~~— Concur 6~~
	1424	+	EH 1001—LS 6280/DI 104 34
218	1425		agreement to which the employer is a party, or under any other
219	1426		plan, system, or program, public or private, providing for
220	1427		compulsory retirement and who is otherwise eligible shall not be
221	1428		deemed to have left the individual's work voluntarily without
222	1429		good cause in connection with the work. However, if such
223	1430		individual subsequently becomes reemployed and thereafter
224	1431		voluntarily leaves work without good cause in connection with the
225	1432		work, the individual shall be deemed ineligible as outlined in this
226	1433		section.
227	1434		(5) An otherwise eligible individual shall not be denied benefits
228	1435		for any week because the individual is in training approved under
229	1436		Section 236(a)(1) of the Trade Act of 1974, nor shall the
230	1437		individual be denied benefits by reason of leaving work to enter
231	1438		such training, provided the work left is not suitable employment,
232	1439		or because of the application to any week in training of provisions
233	1440		in this law (or any applicable federal unemployment
234	1441		compensation law), relating to availability for work, active search
235	1442		for work, or refusal to accept work. For purposes of this
236	1443		subdivision, the term "suitable employment" means with respect
237	1444		to an individual, work of a substantially equal or higher skill level
238	1445		than the individual's past adversely affected employment (as
239	1446		defined for purposes of the Trade Act of 1974), and wages for
240	1447		such work at not less than eighty percent (80%) of the individual's
241	1448		average weekly wage as determined for the purposes of the Trade
242	1449		Act of 1974.
243	1450		(6) An individual is not subject to disqualification because of
244	1451		separation from the individual's employment if:
245	1452		(A) the employment was outside the individual's labor market;
246	1453		(B) the individual left to accept previously secured full-time
247	1454		work with an employer in the individual's labor market; and
248	1455		(C) the individual actually became employed with the
249	1456		employer in the individual's labor market.
250	1457		(7) An individual who, but for the voluntary separation to move
251	1458		to another labor market to join a spouse who had moved to that
252	1459		labor market, shall not be disqualified for that voluntary
253	1460		separation, if the individual is otherwise eligible for benefits.
254	1461		Benefits paid to the spouse whose eligibility is established under
255	1462		this subdivision shall not be charged against the employer from
256	1463		whom the spouse voluntarily separated.
257	1464		(8) An individual shall not be subject to disqualification if the
258	1465		individual voluntarily left employment or was discharged due to
259	1466		circumstances directly caused by domestic or family violence (as
	1467	+	EH 1001—LS 6280/DI 104 35
260	1468		defined in IC 31-9-2-42). An individual who may be entitled to
261	1469		benefits based on this modification may apply to the office of the
262		-	HEA 1001 — Concur 7
263	1470		attorney general under IC 5-26.5 to have an address designated by
264	1471		the office of the attorney general to serve as the individual's
265	1472		address for purposes of this article.
266	1473		(9) An individual shall not be subject to disqualification if the
267	1474		individual:
268	1475		(A) has requested an exemption from an employer's
269	1476		COVID-19 immunization requirement;
270	1477		(B) has complied with the requirements set forth in
271	1478		IC 22-5-4.6; and
272	1479		(C) was discharged from employment for failing or
273	1480		refusing to receive an immunization against COVID-19.
274	1481		As used in this subsection, "labor market" means the area surrounding
275	1482		an individual's permanent residence, outside which the individual
276	1483		cannot reasonably commute on a daily basis. In determining whether
277	1484		an individual can reasonably commute under this subdivision, the
278	1485		department shall consider the nature of the individual's job.
279	1486		(d) "Discharge for just cause" as used in this section is defined to
280	1487		include but not be limited to:
281	1488		(1) separation initiated by an employer for falsification of an
282	1489		employment application to obtain employment through
283	1490		subterfuge;
284	1491		(2) knowing violation of a reasonable and uniformly enforced rule
285	1492		of an employer, including a rule regarding attendance;
286	1493		(3) if an employer does not have a rule regarding attendance, an
287	1494		individual's unsatisfactory attendance, if good cause for absences
288	1495		or tardiness is not established;
289	1496		(4) damaging the employer's property through willful negligence;
290	1497		(5) refusing to obey instructions;
291	1498		(6) reporting to work under the influence of alcohol or drugs or
292	1499		consuming alcohol or drugs on employer's premises during
293	1500		working hours;
294	1501		(7) conduct endangering safety of self or coworkers;
295	1502		(8) incarceration in jail following conviction of a misdemeanor or
296	1503		felony by a court of competent jurisdiction;
297	1504		(9) any breach of duty in connection with work which is
298	1505		reasonably owed an employer by an employee; or
299	1506		(10) testing positive on a drug test under IC 16-27-2.5.
300	1507		(e) To verify that domestic or family violence has occurred, an
301	1508		individual who applies for benefits under subsection (c)(8) shall
302	1509		provide one (1) of the following:
	1510	+	EH 1001—LS 6280/DI 104 36
303	1511		(1) A report of a law enforcement agency (as defined in
304	1512		IC 10-13-3-10).
305	1513		(2) A protection order issued under IC 34-26-5.
306	1514		(3) A foreign protection order (as defined in IC 34-6-2-48.5).
307		-	HEA 1001 — Concur 8
308	1515		(4) An affidavit from a domestic violence service provider
309	1516		verifying services provided to the individual by the domestic
310		-	violence service provider.
311		-	SECTION 9. IC 22-5-4.6 IS ADDED TO THE INDIANA CODE
312		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
313		-	UPON PASSAGE]:
314		-	Chapter 4.6. Exemptions from COVID-19 Immunization
315		-	Requirements
316		-	Sec. 0.5. (a) This chapter does not apply to the following:
317		-	(1) An employee when the employee is working in another
318		-	state, if the employer provides accommodations for a
319		-	COVID-19 immunization requirement for the employee in
320		-	accordance with:
321		-	(A) Title VII of the federal Civil Rights Act of 1964, as
322		-	amended (42 U.S.C. 2000e et seq.); and
323		-	(B) the Americans with Disabilities Act (42 U.S.C. 12101 et
324		-	seq.).
325		-	(2) An employer who has entered into a federally awarded or
326		-	amended contract, subcontract, or postsecondary grant as a
327		-	condition to receive federal funds, if:
328		-	(A) a COVID-19 immunization requirement is imposed on
329		-	parties that contract with the federal government under
330		-	federal law, federal regulation, or federal executive order;
331		-	(B) compliance with this chapter would result in a breach
332		-	of contract or a loss of federal funding;
333		-	(C) the employer provides accommodations for the
334		-	COVID-19 immunization requirement for an employee in
335		-	accordance with:
336		-	(i) Title VII of the federal Civil Rights Act of 1964, as
337		-	amended (42 U.S.C. 2000e et seq.); and
338		-	(ii) the Americans with Disabilities Act (42 U.S.C. 12101
339		-	et seq.); and
340		-	(D) an employer files with the secretary of state business
341		-	services division evidence that:
342		-	(i) a COVID-19 immunization requirement is imposed on
343		-	parties that contract with the federal government under
344		-	federal law, federal regulation, or federal executive
345		-	order; and
346		-	(ii) the employer has entered into a federally awarded or
347		-	amended contract, subcontract, or postsecondary grant
348		-	as a condition to receive federal funds.
349		-	(3) A health care facility that is subject to a federal
350		-	immunization requirement against COVID-19 for the health
351		-	care facility's employees.
352		-	(4) An employer or employee when:
353		-	HEA 1001 — Concur 9
354		-	(A) the employer operates:
355		-	(i) a professional sports organization; or
356		-	(ii) an entertainment organization or venue engaged in
357		-	producing or presenting musical, theatrical, or other
358		-	types of cultural entertainment;
359		-	(B) employees of the employer work in close proximity to
360		-	the live sports or entertainment; and
361		-	(C) the employer provides accommodations for a
362		-	COVID-19 immunization requirement for employees in
363		-	accordance with:
364		-	(i) Title VII of the federal Civil Rights Act of 1964 (42
365		-	U.S.C. 2000e et seq.); and
366		-	(ii) the Americans with Disabilities Act (42 U.S.C. 12101
367		-	et seq.).
368		-	(b) Subsection (a)(2)(D) does not require an employer to disclose
369		-	confidential or proprietary information to the secretary of state.
370		-	An employer may redact any confidential or proprietary
371		-	information prior to submitting the evidence described in
372		-	subsection (a)(2)(D).
373		-	(c) The information collected or maintained by the secretary of
374		-	state under subsection (a)(2)(D) shall be:
375		-	(1) public information; and
376		-	(2) available electronically for inspection by the public.
377		-	Sec. 1. As used in this chapter, "COVID-19" has the meaning set
378		-	forth in IC 34-30-32-3.
379		-	Sec. 2. As used in this chapter, "employee" means an individual
380		-	who works for an employer on a full-time or part-time basis, either
381		-	paid or unpaid. The term includes:
382		-	(1) an independent contractor;
383		-	(2) a subcontractor; and
384		-	(3) a student who works as a trainee or an intern.
385		-	Sec. 3. As used in this chapter, "employer" means a sole
386		-	proprietor, corporation, partnership, limited liability company, or
387		-	other entity with one (1) or more employees. However, the term
388		-	does not include the United States and its agencies and
389		-	instrumentalities.
390		-	Sec. 4. As used in this chapter, "immunization" means the
391		-	treatment of an individual with a vaccine to produce immunity.
392		-	Sec. 5. (a) An employer may not impose a requirement that
393		-	employees receive an immunization against COVID-19 unless the
394		-	employer provides individual exemptions that allow an employee
395		-	to opt out of the requirement on the basis of any of the following:
396		-	(1) Medical reasons.
397		-	(2) Religious reasons.
398		-	(3) An employee has immunity from COVID-19 acquired
399		-	HEA 1001 — Concur 10
400		-	from a prior infection with COVID-19.
401		-	(b) Subject to subsection (c), an employer may require an
402		-	employee to submit to testing for the presence of COVID-19 not
403		-	more than twice a week, if the employee receives an exemption
404		-	based on:
405		-	(1) medical reasons under subsection (a)(1);
406		-	(2) religious reasons under subsection (a)(2); or
407		-	(3) immunity from COVID-19 acquired from a prior infection
408		-	with COVID-19 under subsection (a)(3).
409		-	(c) An employer may not require a test for the presence of
	1517	+	violence service provider.".
	1518	+	Page 3, line 27, delete "operates" and insert "operates:
	1519	+	(i)".
	1520	+	Page 3, line 28, delete "organization or" and insert "organization;
	1521	+	or
	1522	+	(ii)".
	1523	+	Page 3, line 28, delete "complex (as defined in" and insert
	1524	+	"organization or venue engaged in producing or presenting
	1525	+	musical, theatrical, or other types of cultural entertainment;".
	1526	+	Page 3, delete line 29.
	1527	+	Page 4, line 17, delete ":" and insert "the United States and its
	1528	+	agencies and instrumentalities.".
	1529	+	Page 4, delete lines 18 through 20.
	1530	+	Page 4, delete lines 29 through 31.
	1531	+	Page 4, line 32, delete "(4)" and insert "(3)".
	1532	+	Page 4, line 34, delete "An" and insert "Subject to subsection (c),
	1533	+	an".
	1534	+	Page 4, line 38, after ";" insert "or".
	1535	+	Page 4, delete line 39.
	1536	+	Page 4, line 40, delete "(4)" and insert "(3)".
	1537	+	Page 4, line 41, delete "(a)(4)." and insert "(a)(3).".
	1538	+	Page 4, between lines 41 and 42, begin a new paragraph and insert:
	1539	+	"(c) An employer may not require a test for the presence of
410	1540		COVID-19 unless the test:
411	1541		(1) has been approved by the federal Food and Drug
412	1542		Administration;
413	1543		(2) is the least invasive testing option available; and
414	1544		(3) does not create an undue burden on the employee to
415		-	receive the test.
416		-	Sec. 6. (a) Unless an employer waives the documentation
417		-	requirements under this subsection, to claim an exemption based
418		-	on medical reasons, an employee must present to the employer an
419		-	exemption statement in writing, dated and signed by:
420		-	(1) a licensed physician;
421		-	(2) a licensed physician's assistant; or
422		-	(3) an advanced practice registered nurse;
423		-	who has examined the employee. The statement must provide that,
424		-	in the professional opinion of the licensed physician, licensed
425		-	physician's assistant, or advanced practice registered nurse, the
426		-	immunization against COVID-19 is medically contraindicated (as
427		-	defined in IC 16-18-2-223.7) for the employee.
428		-	(b) To claim an exemption based on religious reasons, an
429		-	employee must present to the employer an exemption statement in
430		-	writing indicating that the employee declines the immunization
431		-	against COVID-19 because of a sincerely held religious belief.
432		-	(c) Unless an employer waives the documentation requirements
433		-	under this subsection, to claim an exemption based on immunity
434		-	from COVID-19 acquired from a prior infection with COVID-19,
435		-	an employee must present to the employer the result of a
436		-	laboratory test performed on the employee that has been approved
437		-	by the federal Food and Drug Administration, including any of the
438		-	following:
439		-	(1) A polymerase chain reaction test (PCR) test.
440		-	(2) An antigen test.
441		-	(3) An antibody or serology test.
442		-	An employer may request that an employee submit a new
443		-	laboratory test result as described in this subsection not more than
444		-	once every three (3) months.
445		-	HEA 1001 — Concur 11
446		-	Sec. 7. (a) If an employer receives a completed exemption
447		-	statement for an exemption based on:
448		-	(1) medical reasons; or
449		-	(2) immunity from COVID-19 acquired from a prior infection
450		-	with COVID-19;
451		-	in accordance with section 6 of this chapter, the employer must
452		-	allow the employee to opt out of the employer's COVID-19
453		-	immunization requirement as provided in section 5 of this chapter
454		-	without further inquiry.
455		-	(b) If an employer receives a completed exemption statement for
456		-	an exemption based on religious reasons in accordance with section
457		-	6(b) of this chapter, the employer must make a religious
458		-	accommodation in compliance with Title VII of the federal Civil
459		-	Rights Act of 1964 (42 U.S.C. 2000e et seq.) and the Americans
460		-	with Disabilities Act (42 U.S.C. 12101 et seq.).
461		-	Sec. 8. A:
462		-	(1) contract;
463		-	(2) bid specification; or
464		-	(3) agreement;
465		-	entered into after March 31, 2022, may not contain a provision
466		-	requiring an employee to receive an immunization against
467		-	COVID-19 that limits in any way the rights and protections
468		-	provided to an employee under this chapter.
469		-	Sec. 9. Nothing in this chapter shall be construed to:
470		-	(1) require an employer to impose a requirement that
471		-	employees receive an immunization against COVID-19; or
472		-	(2) preclude an employer from allowing additional exemptions
473		-	from an employer's COVID-19 immunization requirement.
474		-	SECTION 10. An emergency is declared for this act.
475		-	HEA 1001 — Concur Speaker of the House of Representatives
476		-	President of the Senate
477		-	President Pro Tempore
478		-	Governor of the State of Indiana
479		-	Date: Time:
480		-	HEA 1001 — Concur
	1545	+	receive the test.".
	1546	+	Renumber all SECTIONS consecutively.
	1547	+	(Reference is to EHB 1001 as printed February 18, 2022.)
	1548	+	MESSMER
	1549	+	EH 1001—LS 6280/DI 104