Indiana 2024 Regular Session

Indiana House Bill HB1015 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1015
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-21-2; IC 16-28-2-13.
7	7	Synopsis: Health care staffing. Requires a hospital to establish a nurse
8	8	staffing council or assign the functions of the council to an entity in the
9	9	hospital to develop a nurse staffing plan and review any reported
10	10	deviations from the plan. Prohibits a hospital from taking certain
11	11	actions against an employee or contract worker for filing a deviation
12	12	report. Prohibits a hospital, ambulatory outpatient surgical center,
13	13	health facility, or residential care facility from requiring a registered
14	14	nurse or licensed practical nurse to work mandatory overtime.
15	15	Establishes exceptions. Prohibits a hospital, ambulatory outpatient
16	16	surgical center, health facility, or residential care facility from taking
17	17	certain actions against an employee who does not consent to work
18	18	mandatory overtime.
19	19	Effective: July 1, 2024.
20	20	Ledbetter, Manning, Rowray
21	21	January 8, 2024, read first time and referred to Committee on Public Health.
22	22	2024 IN 1015—LS 6156/DI 147 Introduced
23	23	Second Regular Session of the 123rd General Assembly (2024)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2023 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1015
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	health.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 16-18-2-84, AS AMENDED BY P.L.129-2023,
38	38	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2024]: Sec. 84. (a) "Council", for purposes of
40	40	4 IC 16-21-2-18, has the meaning set forth in IC 16-21-2-18(a).
41	41	5 (b) "Council", for purposes of IC 16-46-6, refers to the interagency
42	42	6 state council on black and minority health.
43	43	7 (b) (c) "Council", for purposes of IC 16-46-17, refers to the rare
44	44	8 disease advisory council.
45	45	9 SECTION 2. IC 16-18-2-214.8 IS ADDED TO THE INDIANA
46	46	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
47	47	11 [EFFECTIVE JULY 1, 2024]: Sec. 214.8. "Mandatory overtime",
48	48	12 for purposes of IC 16-21-2 and IC 16-28-2, means hours an
49	49	13 employee is required to work, including being on call, in excess of
50	50	14 the hours specified by an employee's employment agreement.
51	51	15 SECTION 3. IC 16-21-2-18 IS ADDED TO THE INDIANA CODE
52	52	16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53	53	17 1, 2024]: Sec. 18. (a) As used in this section, "council" means a
54	54	2024 IN 1015—LS 6156/DI 147 2
55	55	1 nurse staffing council established in a hospital or an entity to which
56	56	2 functions are assigned in a hospital under subsection (b).
57	57	3 (b) Each hospital shall:
58	58	4 (1) establish a council; or
59	59	5 (2) assign the functions of the council that meet the
60	60	6 requirements under this section to a similar existing entity
61	61	7 within the hospital.
62	62	8 (c) At least fifty-one percent (51%) of the members of the
63	63	9 council must be registered nurses who spend at least fifty percent
64	64	10 (50%) of work time in direct patient care.
65	65	11 (d) Each council shall do the following:
66	66	12 (1) Assist in developing an annual patient care unit and shift
67	67	13 based nurse staffing plan, with protocols for adjusting staffing
68	68	14 levels.
69	69	15 (2) Provide the nurse staffing plan to all nurses who work at
70	70	16 the hospital.
71	71	17 (3) Provide employees and contract workers of the hospital
72	72	18 the opportunity to report to the council any deviations where
73	73	19 the nurse personnel assignment in a patient care unit does not
74	74	20 comply with the adopted staffing plan.
75	75	21 (4) Meet at least quarterly to review deviation reports that
76	76	22 have been filed by employees or contract workers of the
77	77	23 hospital.
78	78	24 (e) A hospital may not take any of the following actions against
79	79	25 an employee or contract worker for filing a deviation report under
80	80	26 subsection (d):
81	81	27 (1) Dismissing the employee or contract worker from
82	82	28 employment.
83	83	29 (2) Withholding salary increases or employment related
84	84	30 benefits.
85	85	31 (3) Transferring or reassigning the employee or contract
86	86	32 worker.
87	87	33 (4) Denying a promotion that the employee or contract
88	88	34 worker otherwise would have received.
89	89	35 (5) Demoting the employee or contract worker.
90	90	36 SECTION 4. IC 16-21-2-19 IS ADDED TO THE INDIANA CODE
91	91	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
92	92	38 1, 2024]: Sec. 19. (a) Beginning January 1, 2025, a hospital or
93	93	39 ambulatory outpatient surgical center must inform a current
94	94	40 employee and prospective employee of the following:
95	95	41 (1) The hours and on call requirements stated in the
96	96	42 employee's employment agreement with the hospital or
97	97	2024 IN 1015—LS 6156/DI 147 3
98	98	1 ambulatory outpatient surgical center.
99	99	2 (2) That the hospital or ambulatory outpatient surgical center
100	100	3 may not require the employee to work in excess of the hours
101	101	4 and on call requirements stated in the terms of the employee's
102	102	5 employment agreement without the employee's consent except
103	103	6 for reasons set forth in this section.
104	104	7 (3) The employee's protections under this section.
105	105	8 (b) A hospital or ambulatory outpatient surgical center may not
106	106	9 require a registered nurse or licensed practical nurse to work
107	107	10 mandatory overtime, except for the following:
108	108	11 (1) Voluntary work with the employee's consent documented
109	109	12 in writing.
110	110	13 (2) A declared national, state, or local disaster or catastrophic
111	111	14 event or the implementation of a hospital's or ambulatory
112	112	15 outpatient surgical center's disaster plan that will
113	113	16 substantially affect or increase the need for health care
114	114	17 services.
115	115	18 (3) Any circumstance in which patient care needs require the
116	116	19 continuation of a nurse's skills through the completion of a
117	117	20 procedure.
118	118	21 (c) A hospital or ambulatory outpatient surgical center may not
119	119	22 take any of the following actions against an employee for failing to
120	120	23 consent to work mandatory overtime:
121	121	24 (1) Dismissing the employee from employment.
122	122	25 (2) Withholding salary increases or employment related
123	123	26 benefits.
124	124	27 (3) Transferring or reassigning the employee.
125	125	28 (4) Denying a promotion that the employee otherwise would
126	126	29 have received.
127	127	30 (5) Demoting the employee.
128	128	31 SECTION 5. IC 16-28-2-13 IS ADDED TO THE INDIANA CODE
129	129	32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
130	130	33 1, 2024]: Sec. 13. (a) Beginning January 1, 2025, a health facility or
131	131	34 residential care facility must inform a current employee and
132	132	35 prospective employee of the following:
133	133	36 (1) The hours and on call requirements stated in the
134	134	37 employee's employment agreement with the health facility or
135	135	38 residential care facility.
136	136	39 (2) That the health facility or residential care facility may not
137	137	40 require the employee to work in excess of the hours and on
138	138	41 call requirements stated in the terms of the employee's
139	139	42 employment agreement without the employee's consent except
140	140	2024 IN 1015—LS 6156/DI 147 4
141	141	1 for reasons set forth in this section.
142	142	2 (3) The employee's protections under this section.
143	143	3 (b) A health facility or residential care facility may not require
144	144	4 a registered nurse or licensed practical nurse to work mandatory
145	145	5 overtime, except for the following:
146	146	6 (1) Voluntary work with the employee's consent documented
147	147	7 in writing.
148	148	8 (2) A declared national, state, or local disaster or catastrophic
149	149	9 event or the implementation of a health facility's or
150	150	10 residential care facility's disaster plan that will substantially
151	151	11 affect or increase the need for health care services.
152	152	12 (3) Any circumstance in which patient care needs require the
153	153	13 continuation of a nurse's skills through the completion of a
154	154	14 procedure.
155	155	15 (c) A health facility or residential care facility may not take any
156	156	16 of the following actions against an employee for failing to consent
157	157	17 to work mandatory overtime:
158	158	18 (1) Dismissing the employee from employment.
159	159	19 (2) Withholding salary increases or employment related
160	160	20 benefits.
161	161	21 (3) Transferring or reassigning the employee.
162	162	22 (4) Denying a promotion that the employee otherwise would
163	163	23 have received.
164	164	24 (5) Demoting the employee.
165	165	2024 IN 1015—LS 6156/DI 147