First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 474
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-173, AS AMENDED BY P.L.224-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 173. (a) "Home health agency", for purposes of
IC 16-27-1, has the meaning set forth in IC 16-27-1-2.
(b) "Home health agency", for purposes of IC 16-27-2, and
IC 16-27-2.5, has the meaning set forth in IC 16-27-2-2.
SECTION 2. IC 16-27-1-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7.5. The state health commissioner may waive a rule
adopted under this chapter if the state health commissioner
determines that the person requesting the waiver has:
(1) shown good cause; and
(2) affirmatively demonstrated that the requested waiver of a
rule will not adversely affect or increase any risk to the
health, safety, or welfare of existing or potential patients or
residents.
SECTION 3. IC 16-27-1-18 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 18. (a) A home health agency may provide services in
any county in Indiana.
(b) The state department may adopt rules under IC 4-22-2 to
provide appropriate oversight and supervision of the services a
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home health agency provides in noncontiguous counties.
SECTION 4. IC 16-27-1-19 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 19. A home health agency is not required to conduct
a preemployment physical on a job applicant before the individual
has contact with a home health agency patient.
SECTION 5. IC 16-27-1-20 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 20. Notwithstanding any other law or administrative
rule, a home health agency may satisfy the requirements of
supervising home health aide services by complying with 42 CFR
484.80(h) et seq.
SECTION 6. IC 16-27-1.5-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 6. (a) A registered home health aide may administer
gastrointestinal and jejunostomy tube feedings to a specific patient
only if the following conditions are met:
(1) The registered home health aide has completed the
training curriculum described in subsection (b).
(2) A registered nurse, providing registered nursing under
IC 25-23-1-1.1(b)(6), either:
(A) supervises the registered home health aide in
administering the gastrointestinal and jejunostomy tube
feedings; or
(B) delegates responsibility for administering the
gastrointestinal and jejunostomy tube feedings to the
registered home health aide based on the registered nurse's
assessment of the registered home health aide's
competency to administer gastrointestinal and jejunostomy
tube feedings.
(3) The home health agency that the registered home health
aide is employed with:
(A) allows the registered home health aide to administer
gastrointestinal and jejunostomy tube feedings;
(B) establishes a procedure for:
(i) the delegation of the administration of gastrointestinal
and jejunostomy tube feedings from a registered nurse
to a registered home health aide that includes patient
specific clinical parameters based on the registered
nurse's assessment of the patient and the registered
home health aide's competency to administer the
gastrointestinal and jejunostomy tube feedings; and
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(ii) the assessment by the registered nurse of the patient
specific clinical parameters;
(C) retains documentation that the registered home health
aide has completed the training curriculum described in
subsection (b); and
(D) notifies each patient requiring gastrointestinal and
jejunostomy tube feedings upon admission that the home
health aide agency may allow registered home health aides
to administer gastrointestinal and jejunostomy tube
feedings.
(b) Training curriculum for home health aides to administer
gastrointestinal and jejunostomy tube feedings must:
(1) be approved by the state department; and
(2) include the following concerning the administration of
gastrointestinal and jejunostomy tube feedings:
(A) At least four (4) hours and not more than eight (8)
hours of classroom training.
(B) At least two (2) hours and not more than four (4) hours
of practical training.
(C) A written and practical examination administered by
the trainer.
(c) A registered home health aide may not administer
gastrointestinal and jejunostomy tube feedings until the home
health aide has successfully:
(1) completed the curriculum described in subsection (b); and
(2) passed the examinations described in subsection (b)(2)(C).
(d) The state department may require a registered home health
aide who administers gastrointestinal and jejunostomy tube
feedings under this section to annually complete not more than one
(1) hour of in service training specific to the administration of
gastrointestinal and jejunostomy tube feedings.
(e) Before January 1, 2024, the state department must approve
at least one (1) training curriculum described in subsection (b).
SECTION 7. IC 16-27-2.5 IS REPEALED [EFFECTIVE JULY 1,
2023]. (Drug Testing of Employees).
SECTION 8. IC 22-4-15-1, AS AMENDED BY P.L.1-2022,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) Regarding an individual's most recent
separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
employment for just cause is ineligible for waiting period or benefit
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rights for the week in which the disqualifying separation occurred and
until:
(1) the individual has earned remuneration in employment in at
least eight (8) weeks; and
(2) the remuneration earned equals or exceeds the product of the
weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
(1) For the first separation from employment under disqualifying
conditions, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from employment
under disqualifying conditions, the maximum benefit amount of
the individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
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of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
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to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). An individual who may be entitled to
benefits based on this modification may apply to the office of the
attorney general under IC 5-26.5 to have an address designated by
the office of the attorney general to serve as the individual's
address for purposes of this article.
(9) An individual shall not be subject to disqualification if the
individual:
(A) has requested an exemption from an employer's
COVID-19 immunization requirement;
(B) has complied with the requirements set forth in
IC 22-5-4.6; and
(C) was discharged from employment for failing or refusing to
receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
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include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if good cause for absences
or tardiness is not established;
(4) damaging the employer's property through willful negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers;
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction; or
(9) any breach of duty in connection with work which is
reasonably owed an employer by an employee. or
(10) testing positive on a drug test under IC 16-27-2.5.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
SECTION 9. IC 34-30-2.1-207 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 207. IC 16-27-2.5-5 (Concerning drug testing of home
health employees by home health agencies).
SEA 474 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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