IN
Indiana House Bill HB1118

Indiana 2024 Regular Session

Indiana House Bill HB1118 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1118
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 12-7-2; IC 12-21-9.
77 Synopsis: Mental health care for first responders. Establishes the
88 Indiana first responders mental health wellness fund and program (fund
99 and program). Provides that the division of mental health and addiction
1010 of the office of the secretary of family and social services (division)
1111 shall administer the fund and program. Provides that a first responder
1212 who meets certain requirements may apply to the division for: (1) costs
1313 associated with the first responder's active participation in a mental
1414 health treatment plan as determined by a psychologist or physician
1515 treating the first responder; and (2) compensation if the first responder
1616 is unable to work. Establishes requirements for obtaining
1717 compensation. Makes a continuous appropriation.
1818 Effective: July 1, 2024.
1919 Jackson, Pressel
2020 January 8, 2024, read first time and referred to Committee on Public Health.
2121 2024 IN 1118—LS 6247/DI 129 Introduced
2222 Second Regular Session of the 123rd General Assembly (2024)
2323 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2424 Constitution) is being amended, the text of the existing provision will appear in this style type,
2525 additions will appear in this style type, and deletions will appear in this style type.
2626 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2727 provision adopted), the text of the new provision will appear in this style type. Also, the
2828 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2929 a new provision to the Indiana Code or the Indiana Constitution.
3030 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3131 between statutes enacted by the 2023 Regular Session of the General Assembly.
3232 HOUSE BILL No. 1118
3333 A BILL FOR AN ACT to amend the Indiana Code concerning
3434 human services and to make an appropriation.
3535 Be it enacted by the General Assembly of the State of Indiana:
3636 1 SECTION 1. IC 12-7-2-51.3 IS ADDED TO THE INDIANA CODE
3737 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3838 3 1, 2024]: Sec. 51.3. "Critical incident", for purposes of IC 12-21-9,
3939 4 has the meaning set forth in IC 12-21-9-1.
4040 5 SECTION 2. IC 12-7-2-73.8 IS ADDED TO THE INDIANA CODE
4141 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4242 7 1, 2024]: Sec. 73.8. "DSM", for purposes of IC 12-21-9, has the
4343 8 meaning set forth in IC 12-21-9-2.
4444 9 SECTION 3. IC 12-7-2-91, AS AMENDED BY P.L.246-2023,
4545 10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4646 11 JULY 1, 2024]: Sec. 91. "Fund" means the following:
4747 12 (1) For purposes of IC 12-12-1-9, the fund described in
4848 13 IC 12-12-1-9.
4949 14 (2) For purposes of IC 12-15-20, the meaning set forth in
5050 15 IC 12-15-20-1.
5151 16 (3) For purposes of IC 12-17-12, the meaning set forth in
5252 17 IC 12-17-12-4.
5353 2024 IN 1118—LS 6247/DI 129 2
5454 1 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
5555 2 IC 12-17.2-7.2-4.7.
5656 3 (5) For purposes of IC 12-17.6, the meaning set forth in
5757 4 IC 12-17.6-1-3.
5858 5 (6) For purposes of IC 12-21-9, the meaning set forth in
5959 6 IC 12-21-9-3.
6060 7 (6) (7) For purposes of IC 12-23-2, the meaning set forth in
6161 8 IC 12-23-2-1.
6262 9 (7) (8) For purposes of IC 12-23-18, the meaning set forth in
6363 10 IC 12-23-18-4.
6464 11 (8) (9) For purposes of IC 12-24-6, the meaning set forth in
6565 12 IC 12-24-6-1.
6666 13 (9) (10) For purposes of IC 12-24-14, the meaning set forth in
6767 14 IC 12-24-14-1.
6868 15 (10) (11) For purposes of IC 12-30-7, the meaning set forth in
6969 16 IC 12-30-7-3.
7070 17 SECTION 4. IC 12-7-2-115.5 IS ADDED TO THE INDIANA
7171 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
7272 19 [EFFECTIVE JULY 1, 2024]: Sec. 115.5. "Indiana first responder",
7373 20 for purposes of IC 12-21-9, has the meaning set forth in
7474 21 IC 12-21-9-4.
7575 22 SECTION 5. IC 12-7-2-146, AS AMENDED BY P.L.146-2023,
7676 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7777 24 JULY 1, 2024]: Sec. 146. "Program" refers to the following:
7878 25 (1) For purposes of IC 12-10-5.7, the meaning set forth in
7979 26 IC 12-10-5.7-2.
8080 27 (2) For purposes of IC 12-10-7, the adult guardianship services
8181 28 program established by IC 12-10-7-5.
8282 29 (3) For purposes of IC 12-10-10, the meaning set forth in
8383 30 IC 12-10-10-5.
8484 31 (4) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
8585 32 IC 12-17.2-2-14.2(a).
8686 33 (5) For purposes of IC 12-17.6, the meaning set forth in
8787 34 IC 12-17.6-1-5.
8888 35 (6) For purposes of IC 12-21-9, the meaning set forth in
8989 36 IC 12-21-9-5.
9090 37 SECTION 6. IC 12-7-2-151.5 IS ADDED TO THE INDIANA
9191 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
9292 39 [EFFECTIVE JULY 1, 2024]: Sec. 151.5. "PTSD", for purposes of
9393 40 IC 12-21-9, has the meaning set forth in IC 12-21-9-6.
9494 41 SECTION 7. IC 12-7-2-154.5 IS ADDED TO THE INDIANA
9595 42 CODE AS A NEW SECTION TO READ AS FOLLOWS
9696 2024 IN 1118—LS 6247/DI 129 3
9797 1 [EFFECTIVE JULY 1, 2024]: Sec. 154.5. "Qualified critical
9898 2 incident", for purposes of IC 12-21-9, has the meaning set forth in
9999 3 IC 12-21-9-7.
100100 4 SECTION 8. IC 12-21-9 IS ADDED TO THE INDIANA CODE AS
101101 5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
102102 6 1, 2024]:
103103 7 Chapter 9. Indiana First Responders Mental Health Wellness
104104 8 Fund and Program
105105 9 Sec. 1. As used in this chapter, "critical incident" means an
106106 10 actual or perceived event or situation that involves crisis, disaster,
107107 11 trauma, or emergency.
108108 12 Sec. 2. As used in this chapter, "DSM" refers to the most recent
109109 13 edition of the American Psychiatric Association's Diagnostic and
110110 14 Statistical Manual of Mental Disorders.
111111 15 Sec. 3. As used in this chapter, "fund" refers to the Indiana first
112112 16 responders mental health wellness fund established by section 8 of
113113 17 this chapter.
114114 18 Sec. 4. As used in this chapter, "Indiana first responder" refers
115115 19 to any of the individuals designated under IC 10-10.5-2-1.
116116 20 Sec. 5. As used in this chapter, "program" refers to the Indiana
117117 21 first responders mental health wellness program established by
118118 22 section 9 of this chapter.
119119 23 Sec. 6. As used in this chapter, "PTSD" refers to posttraumatic
120120 24 stress disorder.
121121 25 Sec. 7. As used in this chapter, "qualified critical incident"
122122 26 means a critical incident that results in an Indiana first responder
123123 27 being diagnosed with PTSD. The events may include:
124124 28 (1) a shooting involving the Indiana first responder;
125125 29 (2) a vehicle crash resulting in serious injury or death to an
126126 30 Indiana first responder or citizen;
127127 31 (3) the Indiana first responder being the victim of a felonious
128128 32 assault;
129129 33 (4) the death of the Indiana first responder's colleague or
130130 34 partner;
131131 35 (5) the death of, or serious injury to, a person in the custody
132132 36 or care of the Indiana first responder;
133133 37 (6) the severe injury to, or death of, a child, particularly if the
134134 38 Indiana first responder has a child of or near the same age as
135135 39 the injured or deceased child; or
136136 40 (7) an incident involving multiple deaths or injuries in a short
137137 41 period of time.
138138 42 Sec. 8. (a) The Indiana first responders mental health wellness
139139 2024 IN 1118—LS 6247/DI 129 4
140140 1 fund is established for the purpose of providing benefits payments
141141 2 to Indiana first responders who are eligible to participate in the
142142 3 program. The fund shall be administered by the division.
143143 4 (b) The fund consists of appropriations from the general
144144 5 assembly.
145145 6 (c) The expenses of administering the fund shall be paid from
146146 7 money in the fund.
147147 8 (d) The treasurer of state shall invest the money in the fund not
148148 9 currently needed to meet the obligations of the fund in the same
149149 10 manner as other public money may be invested. Interest that
150150 11 accrues from these investments shall be deposited in the fund.
151151 12 (e) Money in the fund at the end of a state fiscal year does not
152152 13 revert to the state general fund.
153153 14 (f) Money in the fund is continuously appropriated for the
154154 15 purpose of funding the program.
155155 16 Sec. 9. (a) The Indiana first responders mental health wellness
156156 17 program is established to provide benefits to Indiana first
157157 18 responders who are residents of Indiana and who have been
158158 19 diagnosed with PTSD directly related to a qualified critical
159159 20 incident. The program shall be administered by the division.
160160 21 (b) In order for an Indiana first responder to qualify for
161161 22 benefits under the program, the first responder must:
162162 23 (1) be an Indiana resident;
163163 24 (2) be employed as a first responder in Indiana;
164164 25 (3) have been involved in a qualified critical incident in the
165165 26 line of duty;
166166 27 (4) be diagnosed with PTSD by a psychologist or physician
167167 28 treating the Indiana first responder:
168168 29 (A) not later than two (2) years after the date of the
169169 30 qualified critical incident described in subdivision (3); and
170170 31 (B) based on the diagnostic criteria identified in the DSM;
171171 32 and
172172 33 (5) not currently be eligible to receive:
173173 34 (A) worker's compensation under IC 22-3;
174174 35 (B) insurance coverage to treat the PTSD provided by the
175175 36 Indiana first responder's employer; or
176176 37 (C) disability benefits under:
177177 38 (i) the 1977 police officers' and firefighters' pension and
178178 39 disability fund under IC 36-8-8;
179179 40 (ii) a sheriff's pension trust under IC 36-8-10-12;
180180 41 (iii) the state police pre-1987 benefit system under
181181 42 IC 10-12-3 or the state police 1987 benefit system under
182182 2024 IN 1118—LS 6247/DI 129 5
183183 1 IC 10-12-4;
184184 2 (iv) the state excise police, gaming agent, gaming control
185185 3 officer, and conservation enforcement officers'
186186 4 retirement plan under IC 5-10-5.5; or
187187 5 (v) the public employees' retirement fund under
188188 6 IC 5-10.3.
189189 7 (c) An Indiana first responder who meets the requirements
190190 8 described in subsection (b) may apply to the division in a manner
191191 9 prescribed by the division for the following:
192192 10 (1) Costs associated with the Indiana first responder's active
193193 11 participation in a mental health treatment plan as determined
194194 12 by the Indiana first responder's treating psychologist or
195195 13 physician.
196196 14 (2) Subject to subsection (d), if an Indiana first responder's
197197 15 treating psychologist or physician determines that the first
198198 16 responder is unable to work as a result of the first responder's
199199 17 PTSD, a weekly compensation equal to sixty-six and
200200 18 two-thirds percent (66 2/3%) of the Indiana first responder's
201201 19 average weekly wages (as defined in IC 22-3-3-22) for a
202202 20 period not to exceed ten (10) days.
203203 21 (d) If an Indiana first responder's treating psychologist or
204204 22 physician determines that the Indiana first responder is unable to
205205 23 work for a period not to exceed thirty (30) weeks in addition to the
206206 24 period described in subsection (c)(2), the Indiana first responder
207207 25 may apply to the division, in a manner prescribed by the division,
208208 26 for review of the Indiana first responder's application by a mental
209209 27 health review panel established by subsection (e).
210210 28 (e) The division shall establish a mental health review panel
211211 29 consisting of:
212212 30 (1) one (1) psychologist licensed under IC 25-33-1-5.1;
213213 31 (2) one (1) psychiatrist licensed as a physician under
214214 32 IC 25-22.5; and
215215 33 (3) one (1) medical doctor licensed as a physician under
216216 34 IC 25-22.5.
217217 35 The review panel shall review applications submitted under
218218 36 subsection (d) to determine whether an Indiana first responder
219219 37 who meets the qualifications described in subsection (b) is unable
220220 38 to return to work and to determine whether the Indiana first
221221 39 responder may receive a weekly compensation equal to sixty-six
222222 40 and two-thirds percent (66 2/3%) of the Indiana first responder's
223223 41 average weekly wages (as defined in IC 22-3-3-22) for a period not
224224 42 to exceed thirty (30) weeks in addition to the period described in
225225 2024 IN 1118—LS 6247/DI 129 6
226226 1 subsection (c)(2).
227227 2 Sec. 10. If an Indiana first responder receives compensation
228228 3 under section 9(c)(2) or 9(e) of this chapter, the compensation
229229 4 terminates if the first responder subsequently receives benefits
230230 5 described in section 9(b)(5) of this chapter or obtains employment
231231 6 with a different employer.
232232 7 Sec. 11. An Indiana first responder may take unpaid leave for
233233 8 the period the first responder is unable to work and receives
234234 9 compensation under section 9(c)(2) or 9(e) of this chapter. The
235235 10 employer of an Indiana first responder may not retaliate against
236236 11 an Indiana first responder who requests or obtains the qualified
237237 12 critical incident leave described in section 9 of this chapter.
238238 13 Sec. 12. The division shall adopt rules under IC 4-22-2 necessary
239239 14 to administer this chapter.
240240 2024 IN 1118—LS 6247/DI 129