Introduced Version
HOUSE BILL No. 1118
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-21-9.
Synopsis: Mental health care for first responders. Establishes the
Indiana first responders mental health wellness fund and program (fund
and program). Provides that the division of mental health and addiction
of the office of the secretary of family and social services (division)
shall administer the fund and program. Provides that a first responder
who meets certain requirements may apply to the division for: (1) costs
associated with the first responder's active participation in a mental
health treatment plan as determined by a psychologist or physician
treating the first responder; and (2) compensation if the first responder
is unable to work. Establishes requirements for obtaining
compensation. Makes a continuous appropriation.
Effective: July 1, 2024.
Jackson, Pressel
January 8, 2024, read first time and referred to Committee on Public Health.
2024 IN 1118—LS 6247/DI 129 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1118
A BILL FOR AN ACT to amend the Indiana Code concerning
human services and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-7-2-51.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 51.3. "Critical incident", for purposes of IC 12-21-9,
4 has the meaning set forth in IC 12-21-9-1.
5 SECTION 2. IC 12-7-2-73.8 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]: Sec. 73.8. "DSM", for purposes of IC 12-21-9, has the
8 meaning set forth in IC 12-21-9-2.
9 SECTION 3. IC 12-7-2-91, AS AMENDED BY P.L.246-2023,
10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 91. "Fund" means the following:
12 (1) For purposes of IC 12-12-1-9, the fund described in
13 IC 12-12-1-9.
14 (2) For purposes of IC 12-15-20, the meaning set forth in
15 IC 12-15-20-1.
16 (3) For purposes of IC 12-17-12, the meaning set forth in
17 IC 12-17-12-4.
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1 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
2 IC 12-17.2-7.2-4.7.
3 (5) For purposes of IC 12-17.6, the meaning set forth in
4 IC 12-17.6-1-3.
5 (6) For purposes of IC 12-21-9, the meaning set forth in
6 IC 12-21-9-3.
7 (6) (7) For purposes of IC 12-23-2, the meaning set forth in
8 IC 12-23-2-1.
9 (7) (8) For purposes of IC 12-23-18, the meaning set forth in
10 IC 12-23-18-4.
11 (8) (9) For purposes of IC 12-24-6, the meaning set forth in
12 IC 12-24-6-1.
13 (9) (10) For purposes of IC 12-24-14, the meaning set forth in
14 IC 12-24-14-1.
15 (10) (11) For purposes of IC 12-30-7, the meaning set forth in
16 IC 12-30-7-3.
17 SECTION 4. IC 12-7-2-115.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 115.5. "Indiana first responder",
20 for purposes of IC 12-21-9, has the meaning set forth in
21 IC 12-21-9-4.
22 SECTION 5. IC 12-7-2-146, AS AMENDED BY P.L.146-2023,
23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 146. "Program" refers to the following:
25 (1) For purposes of IC 12-10-5.7, the meaning set forth in
26 IC 12-10-5.7-2.
27 (2) For purposes of IC 12-10-7, the adult guardianship services
28 program established by IC 12-10-7-5.
29 (3) For purposes of IC 12-10-10, the meaning set forth in
30 IC 12-10-10-5.
31 (4) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
32 IC 12-17.2-2-14.2(a).
33 (5) For purposes of IC 12-17.6, the meaning set forth in
34 IC 12-17.6-1-5.
35 (6) For purposes of IC 12-21-9, the meaning set forth in
36 IC 12-21-9-5.
37 SECTION 6. IC 12-7-2-151.5 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 151.5. "PTSD", for purposes of
40 IC 12-21-9, has the meaning set forth in IC 12-21-9-6.
41 SECTION 7. IC 12-7-2-154.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2024]: Sec. 154.5. "Qualified critical
2 incident", for purposes of IC 12-21-9, has the meaning set forth in
3 IC 12-21-9-7.
4 SECTION 8. IC 12-21-9 IS ADDED TO THE INDIANA CODE AS
5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]:
7 Chapter 9. Indiana First Responders Mental Health Wellness
8 Fund and Program
9 Sec. 1. As used in this chapter, "critical incident" means an
10 actual or perceived event or situation that involves crisis, disaster,
11 trauma, or emergency.
12 Sec. 2. As used in this chapter, "DSM" refers to the most recent
13 edition of the American Psychiatric Association's Diagnostic and
14 Statistical Manual of Mental Disorders.
15 Sec. 3. As used in this chapter, "fund" refers to the Indiana first
16 responders mental health wellness fund established by section 8 of
17 this chapter.
18 Sec. 4. As used in this chapter, "Indiana first responder" refers
19 to any of the individuals designated under IC 10-10.5-2-1.
20 Sec. 5. As used in this chapter, "program" refers to the Indiana
21 first responders mental health wellness program established by
22 section 9 of this chapter.
23 Sec. 6. As used in this chapter, "PTSD" refers to posttraumatic
24 stress disorder.
25 Sec. 7. As used in this chapter, "qualified critical incident"
26 means a critical incident that results in an Indiana first responder
27 being diagnosed with PTSD. The events may include:
28 (1) a shooting involving the Indiana first responder;
29 (2) a vehicle crash resulting in serious injury or death to an
30 Indiana first responder or citizen;
31 (3) the Indiana first responder being the victim of a felonious
32 assault;
33 (4) the death of the Indiana first responder's colleague or
34 partner;
35 (5) the death of, or serious injury to, a person in the custody
36 or care of the Indiana first responder;
37 (6) the severe injury to, or death of, a child, particularly if the
38 Indiana first responder has a child of or near the same age as
39 the injured or deceased child; or
40 (7) an incident involving multiple deaths or injuries in a short
41 period of time.
42 Sec. 8. (a) The Indiana first responders mental health wellness
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1 fund is established for the purpose of providing benefits payments
2 to Indiana first responders who are eligible to participate in the
3 program. The fund shall be administered by the division.
4 (b) The fund consists of appropriations from the general
5 assembly.
6 (c) The expenses of administering the fund shall be paid from
7 money in the fund.
8 (d) The treasurer of state shall invest the money in the fund not
9 currently needed to meet the obligations of the fund in the same
10 manner as other public money may be invested. Interest that
11 accrues from these investments shall be deposited in the fund.
12 (e) Money in the fund at the end of a state fiscal year does not
13 revert to the state general fund.
14 (f) Money in the fund is continuously appropriated for the
15 purpose of funding the program.
16 Sec. 9. (a) The Indiana first responders mental health wellness
17 program is established to provide benefits to Indiana first
18 responders who are residents of Indiana and who have been
19 diagnosed with PTSD directly related to a qualified critical
20 incident. The program shall be administered by the division.
21 (b) In order for an Indiana first responder to qualify for
22 benefits under the program, the first responder must:
23 (1) be an Indiana resident;
24 (2) be employed as a first responder in Indiana;
25 (3) have been involved in a qualified critical incident in the
26 line of duty;
27 (4) be diagnosed with PTSD by a psychologist or physician
28 treating the Indiana first responder:
29 (A) not later than two (2) years after the date of the
30 qualified critical incident described in subdivision (3); and
31 (B) based on the diagnostic criteria identified in the DSM;
32 and
33 (5) not currently be eligible to receive:
34 (A) worker's compensation under IC 22-3;
35 (B) insurance coverage to treat the PTSD provided by the
36 Indiana first responder's employer; or
37 (C) disability benefits under:
38 (i) the 1977 police officers' and firefighters' pension and
39 disability fund under IC 36-8-8;
40 (ii) a sheriff's pension trust under IC 36-8-10-12;
41 (iii) the state police pre-1987 benefit system under
42 IC 10-12-3 or the state police 1987 benefit system under
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1 IC 10-12-4;
2 (iv) the state excise police, gaming agent, gaming control
3 officer, and conservation enforcement officers'
4 retirement plan under IC 5-10-5.5; or
5 (v) the public employees' retirement fund under
6 IC 5-10.3.
7 (c) An Indiana first responder who meets the requirements
8 described in subsection (b) may apply to the division in a manner
9 prescribed by the division for the following:
10 (1) Costs associated with the Indiana first responder's active
11 participation in a mental health treatment plan as determined
12 by the Indiana first responder's treating psychologist or
13 physician.
14 (2) Subject to subsection (d), if an Indiana first responder's
15 treating psychologist or physician determines that the first
16 responder is unable to work as a result of the first responder's
17 PTSD, a weekly compensation equal to sixty-six and
18 two-thirds percent (66 2/3%) of the Indiana first responder's
19 average weekly wages (as defined in IC 22-3-3-22) for a
20 period not to exceed ten (10) days.
21 (d) If an Indiana first responder's treating psychologist or
22 physician determines that the Indiana first responder is unable to
23 work for a period not to exceed thirty (30) weeks in addition to the
24 period described in subsection (c)(2), the Indiana first responder
25 may apply to the division, in a manner prescribed by the division,
26 for review of the Indiana first responder's application by a mental
27 health review panel established by subsection (e).
28 (e) The division shall establish a mental health review panel
29 consisting of:
30 (1) one (1) psychologist licensed under IC 25-33-1-5.1;
31 (2) one (1) psychiatrist licensed as a physician under
32 IC 25-22.5; and
33 (3) one (1) medical doctor licensed as a physician under
34 IC 25-22.5.
35 The review panel shall review applications submitted under
36 subsection (d) to determine whether an Indiana first responder
37 who meets the qualifications described in subsection (b) is unable
38 to return to work and to determine whether the Indiana first
39 responder may receive a weekly compensation equal to sixty-six
40 and two-thirds percent (66 2/3%) of the Indiana first responder's
41 average weekly wages (as defined in IC 22-3-3-22) for a period not
42 to exceed thirty (30) weeks in addition to the period described in
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1 subsection (c)(2).
2 Sec. 10. If an Indiana first responder receives compensation
3 under section 9(c)(2) or 9(e) of this chapter, the compensation
4 terminates if the first responder subsequently receives benefits
5 described in section 9(b)(5) of this chapter or obtains employment
6 with a different employer.
7 Sec. 11. An Indiana first responder may take unpaid leave for
8 the period the first responder is unable to work and receives
9 compensation under section 9(c)(2) or 9(e) of this chapter. The
10 employer of an Indiana first responder may not retaliate against
11 an Indiana first responder who requests or obtains the qualified
12 critical incident leave described in section 9 of this chapter.
13 Sec. 12. The division shall adopt rules under IC 4-22-2 necessary
14 to administer this chapter.
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