*SB0004.2*
Reprinted
January 23, 2024
SENATE BILL No. 4
_____
DIGEST OF SB 4 (Updated January 22, 2024 3:06 pm - DI 92)
Citations Affected: IC 2-5; IC 4-12; IC 4-22; IC 12-15; IC 13-14;
IC 16-21; IC 25-1; noncode.
Synopsis: Fiscal and administrative matters. Specifies that certain
workforce related programs must be reviewed by the legislative
services agency (LSA) at least once rather than every five years.
Requires the LSA to prepare a report on administrative rules oversight
during the 2024 interim. Requires the budget agency to biennially
prepare a list of dedicated funds that have not been used in the previous
two state fiscal years. Makes technical corrections to various statutes
concerning rulemaking. Requires agencies to submit a copy of the
notice of the first public comment period and regulatory analysis to the
small business ombudsman. Provides that the legislative notice
(Continued next page)
Effective: Upon passage; July 1, 2024.
Garten, Mishler, Holdman,
Charbonneau, Brown L, Raatz,
Freeman, Busch, Baldwin, Glick,
Gaskill, Walker K, Koch, Carrasco,
Crane, Johnson T, Bassler, Buchanan,
Byrne, Doriot, Messmer
January 16, 2024, read first time and referred to Committee on Appropriations.
January 18, 2024, amended, reported favorably — Do Pass.
January 22, 2024, read second time, amended, ordered engrossed.
SB 4—LS 6953/DI 92 Digest Continued
required for rule readoptions must be submitted not later than January
1 of the year preceding the year in which the rule expires. Provides that
the publisher assigns a document control number when the agency
submits the legislative notice during rule readoption instead of when
the agency submits the notice of proposed readoption. Provides that an
agency may adopt interim rules to implement a reduction, a full or
partial waiver, or an elimination of a fee, fine, or civil penalty included
in an administrative rule. Requires the budget agency to transfer money
in the phase out trust fund on or before June 30, 2024, to the Medicaid
contingency and reserve account. Expires the phase out trust fund on
July 1, 2024, and makes corresponding changes. Specifies certain
deadlines within the statutes governing an agency's failure to enact
required licensure rules. Requires the LSA to: (1) develop new
templates for creating funds and drafting appropriations; and (2) submit
the templates to the code revision commission before October 1, 2024.
Requires the code revision commission to consider whether to
recommend that the legislative council approve a revised drafting
manual. Provides that if the legislative council approves a revised
drafting manual, the LSA is required to prepare legislation for
introduction in 2026 to conform the Indiana Code to the revised
drafting manual's instructions for creating funds and drafting
appropriations.
SB 4—LS 6953/DI 92SB 4—LS 6953/DI 92 Reprinted
January 23, 2024
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.
SENATE BILL No. 4
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 2-5-42.4-8, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
4 PASSAGE]: Sec. 8. (a) The legislative services agency shall establish
5 and maintain a system for making available to the public information
6 about the amount and effectiveness of workforce related programs.
7 (b) The legislative services agency shall develop and publish on the
8 general assembly's Internet web site website a multiyear schedule that
9 lists all workforce related programs and indicates the year when the
10 report will be published for each workforce related program reviewed.
11 The legislative services agency may revise the schedule as long as the
12 legislative services agency provides for a systematic review, analysis,
13 and evaluation of all workforce related programs and that each
14 workforce related program is reviewed at least once. every five (5)
15 years.
SB 4—LS 6953/DI 92 2
1 SECTION 2. IC 2-5-52.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4 Chapter 52.5. Report on Administrative Rules Oversight
5 Sec. 1. As used in this chapter, "committee" refers to the
6 administrative rules oversight committee established under
7 IC 2-5-18 (before its repeal by P.L.53-2014, SEC. 13).
8 Sec. 2. Before October 1, 2024, the legislative services agency
9 shall prepare a report on administrative rules oversight containing
10 the following information:
11 (1) A history of the committee, including information on the:
12 (A) number of years that the committee existed;
13 (B) number of meetings held by the committee;
14 (C) official actions taken by the committee; and
15 (D) documented reasons, if any, for the general assembly's
16 decision to repeal the committee in 2014.
17 (2) Information on the experience of other states served by
18 part-time legislatures that have committees on administrative
19 rules oversight. The report must include the following:
20 (A) An identification of the best practices of the
21 committees from other states.
22 (B) An estimate of the staff level necessary to implement a
23 new administrative rules oversight committee adhering to
24 the best practices identified under clause (A).
25 (C) An estimate of the amount of additional
26 appropriations, if any, that would be required to support
27 an administrative rules oversight committee in Indiana.
28 Sec. 3. The legislative services agency shall submit the report
29 required by section 2 of this chapter to:
30 (1) the legislative council; and
31 (2) the government reform task force established by
32 IC 2-5-53-5;
33 in an electronic format under IC 5-14-6.
34 Sec. 4. This chapter expires January 1, 2025.
35 SECTION 3. IC 4-12-1-15.5 IS AMENDED TO READ AS
36 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) The
37 Medicaid contingency and reserve account is established within the
38 state general fund for the purpose of providing money for timely
39 payment of Medicaid claims, obligations, and liabilities. Money in the
40 account must be used to pay Medicaid claims, obligations, and
41 liabilities. The account shall be administered by the budget agency.
42 (b) Expenses of administering the account shall be paid from money
SB 4—LS 6953/DI 92 3
1 in the account. The account consists of the following:
2 (1) Appropriations to the account.
3 (2) Other Medicaid appropriations transferred to the account with
4 the approval of the governor and the budget agency.
5 (3) Money transferred to the account from the phase out trust
6 fund established by IC 12-15-44.5-7 (before its expiration).
7 (c) The treasurer of state shall invest the money in the account not
8 currently needed to meet the obligations of the account in the same
9 manner as other public money may be invested.
10 (d) Money in the account at the end of a state fiscal year does not
11 revert.
12 SECTION 4. IC 4-12-1-22 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
14 UPON PASSAGE]: Sec. 22. (a) Except as provided in subsection (b),
15 "dedicated fund", as used in this section, means a fund established
16 separate from the state general fund for:
17 (1) the use of a particular state agency;
18 (2) the deposit of a particular state revenue source; or
19 (3) the purposes of a particular state purpose or a particular
20 state program.
21 (b) The term does not include any of the following:
22 (1) A fund established for the purpose of administering a
23 federal program or a fund established for the deposit of
24 money received from the federal government.
25 (2) The public deposit insurance fund maintained by the
26 board for depositories under IC 5-13.
27 (3) A trust fund.
28 (4) A fund that is subject to a statutorily required minimum
29 balance.
30 (c) Before October 1 of each even-numbered year, the budget
31 agency shall prepare a list of dedicated funds from which no
32 expenditures were made in the previous two (2) state fiscal years.
33 The list must include the following information for each dedicated
34 fund:
35 (1) The name of the fund.
36 (2) The legal fund balance on June 30 of the previous state
37 fiscal year.
38 (3) Citation of the statute or other authority for establishing
39 the fund.
40 (d) Before October 1 of each even-numbered year, the budget
41 agency shall:
42 (1) make any appropriate recommendations concerning the
SB 4—LS 6953/DI 92 4
1 listed dedicated funds; and
2 (2) submit the list prepared under subsection (c) and any
3 recommendations made under subdivision (1) in an electronic
4 format under IC 5-14-6 to the legislative council and to the
5 budget committee.
6 (e) If the list required by this section is not submitted by
7 October 1 of an even-numbered year, the budget committee may
8 request that the budget agency appear at a public meeting
9 concerning the list.
10 (f) Notwithstanding any other law, any remaining balance in a
11 dedicated fund identified on the list submitted under subsection (d)
12 reverts to the state general fund at the end of the state fiscal year
13 in which the list is submitted.
14 SECTION 5. IC 4-22-2-15, AS AMENDED BY P.L.249-2023,
15 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 15. Any rulemaking action that this chapter allows
17 or requires an agency to perform, other than final adoption of a rule
18 under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be
19 performed by the individual or group of individuals with the statutory
20 authority to adopt rules for the agency, a member of the agency's staff,
21 or another agent of the agency. Final adoption of a rule under section
22 29, 37.1, or 37.2 of this chapter or IC 13-14-9, including readoption of
23 a rule that is subject to sections 24 23 through 36 or to section 37.1 of
24 this chapter and recalled for further consideration under section 40 of
25 this chapter, may be performed only by the individual or group of
26 individuals with the statutory authority to adopt rules for the agency.
27 SECTION 6. IC 4-22-2-28, AS AMENDED BY THE TECHNICAL
28 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY IS
29 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
30 Sec. 28. (a) The following definitions apply throughout As used in this
31 section,
32 (1) "ombudsman" refers to the small business ombudsman
33 designated under IC 5-28-17-6.
34 (2) "Total estimated economic impact" means the direct annual
35 economic impact of a rule on all regulated persons after the rule
36 is fully implemented under subsection (g).
37 (b) The ombudsman:
38 (1) shall review a proposed rule that imposes requirements or
39 costs on small businesses (as defined in IC 4-22-2.1-4); and
40 (2) may review a proposed rule that imposes requirements or
41 costs on businesses other than small businesses (as defined in
42 IC 4-22-2.1-4).
SB 4—LS 6953/DI 92 5
1 After conducting a review under subdivision (1) or (2), the ombudsman
2 may suggest alternatives to reduce any regulatory burden that the
3 proposed rule imposes on small businesses or other businesses. The
4 agency that intends to adopt the proposed rule shall respond in writing
5 to the ombudsman concerning the ombudsman's comments or
6 suggested alternatives before adopting the proposed rule under section
7 29 of this chapter.
8 SECTION 7. IC 4-22-2-31, AS AMENDED BY P.L.249-2023,
9 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 31. After an agency has complied with section 29
11 of this chapter, or adopted the rule in conformity with IC 13-14-9, as
12 applicable, the agency shall submit its rule to the attorney general for
13 approval. The agency shall submit the following to the attorney
14 general:
15 (1) The rule in the form required by section 20 of this chapter.
16 (2) The documents required by section 21 of this chapter.
17 (3) Written or an electronic mail authorization to proceed issued
18 by the publisher under sections 23 and 24 of this chapter or
19 IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable.
20 (4) Any other documents specified by the attorney general.
21 The attorney general may require the agency to submit any supporting
22 documentation that the attorney general considers necessary for the
23 attorney general's review under section 32 of this chapter. The agency
24 may submit any additional supporting documentation the agency
25 considers necessary.
26 SECTION 8. IC 4-22-2-37.1, AS AMENDED BY P.L.249-2023,
27 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 37.1. (a) The following do not apply to a rule
29 adopted under this section:
30 (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
31 applicable).
32 (2) Sections 28 through 36 of this chapter.
33 The amendments to this section made in the 2023 regular session of the
34 general assembly apply to provisional rules that are accepted for filing
35 by the publisher of the Indiana Register after June 30, 2023, regardless
36 of whether the adopting agency initiated official action to adopt the rule
37 by the name of emergency rule or provisional rule before July 1, 2023.
38 An action taken before July 1, 2023, in conformity with this section (as
39 effective after June 30, 2023) is validated to the same extent as if the
40 action was taken after June 30, 2023.
41 (b) An agency may adopt a rule on a subject for which the agency
42 has rulemaking authority using the procedures in this section if the
SB 4—LS 6953/DI 92 6
1 governor finds that the agency proposing to adopt the rule has
2 demonstrated to the satisfaction of the governor that use of provisional
3 rulemaking procedures under this section is necessary to avoid:
4 (1) an imminent and a substantial peril to public health, safety, or
5 welfare;
6 (2) an imminent and a material loss of federal funds for an agency
7 program;
8 (3) an imminent and a material deficit;
9 (4) an imminent and a substantial violation of a state or federal
10 law or the terms of a federal agreement or program;
11 (5) injury to the business or interests of the people or any public
12 utility of Indiana as determined under IC 8-1-2-113;
13 (6) an imminent and a substantial peril to:
14 (A) wildlife; or
15 (B) domestic animal;
16 health, safety, or welfare; or
17 (7) the spread of invasive species, pests, or diseases affecting
18 plants.
19 To obtain a determination from the governor, an agency must submit
20 to the governor the text of the proposed provisional rule, a statement
21 justifying the need for provisional rulemaking procedures, and any
22 additional information required by the governor in the form and in the
23 manner required by the governor. The governor may not approve
24 provisional rulemaking for any part of a proposed provisional rule that
25 adds or amends language to increase or expand application of a fee,
26 fine, or civil penalty or a schedule of fees, fines, or civil penalties
27 before submitting the proposal to the budget committee for review. A
28 notice of determination by the governor shall include findings that
29 explain the basis for the determination. The notice of determination
30 shall be provided to the agency in an electronic format. Approval of a
31 request shall be treated as a determination that the rule meets the
32 criteria in this subsection.
33 (c) After the governor approves provisional rulemaking procedures
34 for a rule but before the agency adopts the provisional rule, the agency
35 shall obtain a document control number from the publisher. The
36 publisher shall determine the documents and the format of the
37 documents that must be submitted to the publisher to obtain a
38 document control number. The agency must submit at least the
39 following:
40 (1) The full text of the proposed provisional rule in the form
41 required by section 20 of this chapter.
42 (2) A statement justifying the need for provisional rulemaking.
SB 4—LS 6953/DI 92 7
1 (3) The approval of the governor to use provisional rulemaking
2 procedures required by law.
3 (4) The documents required by section 21 of this chapter.
4 An agency may not adopt a proposed provisional rule until after the
5 publisher notifies the agency that the publisher has complied with
6 subsection (d). At least ten (10) regular business days must elapse after
7 the publisher has complied with subsection (d) before the department
8 of natural resources, the natural resources commission, the department
9 of environmental management, or a board that has rulemaking authority
10 under IC 13 adopts a provisional rule.
11 (d) Upon receipt of documents described in subsection (c), the
12 publisher shall distribute the full text of the proposed provisional rule
13 to legislators and legislative committees in the manner and the form
14 specified by the legislative council or the personnel subcommittee of
15 the legislative council acting for the legislative council. After
16 distribution has occurred, the publisher shall notify the agency of the
17 date that distribution under this subsection has occurred.
18 (e) After the document control number has been assigned and the
19 agency adopts the provisional rule, the agency shall submit the
20 following to the publisher for filing:
21 (1) The text of the adopted provisional rule. The agency shall
22 submit the provisional rule in the form required by section 20 of
23 this chapter.
24 (2) A signature page that indicates that the agency has adopted the
25 provisional rule in conformity with all procedures required by
26 law.
27 (3) If the provisional rule adds or amends language to increase or
28 expand application of a fee, fine, or civil penalty or a schedule of
29 fees, fines, or civil penalties, the agenda of the budget committee
30 meeting at which the rule was scheduled for review.
31 (4) The documents required by section 21 of this chapter.
32 The publisher shall determine the format of the provisional rule and
33 other documents to be submitted under this subsection. The substantive
34 text of the adopted provisional rule must be substantially similar to the
35 text of the proposed provisional rule submitted to the governor. A
36 provisional rule may suspend but not repeal a rule approved by the
37 governor under section 34 of this chapter.
38 (f) Subject to subsections (c) and (e) and section 39 of this chapter,
39 the publisher shall:
40 (1) accept the provisional rule for filing;
41 (2) electronically record the date and time that the provisional
42 rule is accepted; and
SB 4—LS 6953/DI 92 8
1 (3) publish the text of the adopted provisional rule and the
2 governor's approval in the Indiana Register.
3 (g) A provisional rule adopted by an agency under this section takes
4 effect on the latest of the following dates:
5 (1) The effective date of the statute delegating authority to the
6 agency to adopt the provisional rule.
7 (2) The date and time that the provisional rule is accepted for
8 filing under subsection (f).
9 (3) The effective date stated by the adopting agency in the
10 provisional rule.
11 (4) The date of compliance with every requirement established by
12 law as a prerequisite to the adoption or effectiveness of the
13 provisional rule.
14 (5) The statutory effective date for a provisional rule set forth in
15 law.
16 (h) An agency may amend a provisional rule with another
17 provisional rule by following the procedures in this section for the
18 amended provisional rule. However, unless otherwise provided by
19 IC 4-22-2.3, a provisional rule and all amendments of a provisional rule
20 by another provisional rule expire not later than one hundred eighty
21 (180) days after the initial provisional rule is accepted for filing under
22 subsection (f). Unless otherwise provided by IC 4-22-2.3-2, the
23 subject of the provisional rule, including all amendments to the
24 provisional rule, may not be subsequently extended under this section
25 or section 37.2 of this chapter. If the governor determines that the
26 circumstance that is the basis for using the procedures under this
27 section ceases to exist, the governor may terminate the provisional rule
28 before the lapse of one hundred eighty (180) days. The termination is
29 effective when filed with the publisher. The publisher shall publish the
30 termination notice in the Indiana Register.
31 (i) Subject to subsection (j), the attorney general or the governor
32 may file an objection to a provisional rule that is adopted under this
33 section not later than forty-five (45) days after the date that a
34 provisional rule or amendment to a provisional rule is accepted for
35 filing under subsection (f). The objection must cite the document
36 control number for the affected provisional rule and state the basis for
37 the objection. When filed with the publisher, the objection has the
38 effect of invalidating the provisional rule or amendment to a
39 provisional rule. The publisher shall publish the objection in the
40 Indiana Register.
41 (j) The attorney general may file a written objection to a provisional
42 rule under subsection (i) only if the attorney general determines that the
SB 4—LS 6953/DI 92 9
1 provisional rule has been adopted:
2 (1) without statutory authority; or
3 (2) without complying with this section.
4 A notice of objection to a provisional rule by the attorney general must
5 include findings that explain the basis for the determination. The notice
6 of objection shall be provided to the agency in an electronic format.
7 SECTION 9. IC 4-22-2-38, AS AMENDED BY P.L.249-2023,
8 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 38. (a) This section applies to a rulemaking action
10 resulting in any of the following rules:
11 (1) A rule that brings another rule into conformity with section 20
12 of this chapter.
13 (2) A rule that amends another rule to replace an inaccurate
14 reference to a statute, rule, regulation, other text, governmental
15 entity, or location with an accurate reference, when the inaccuracy
16 is the result of the rearrangement of a federal or state statute, rule,
17 or regulation under a different citation number, a federal or state
18 transfer of functions from one (1) governmental entity to another,
19 a change in the name of a federal or state governmental entity, or
20 a change in the address of an entity.
21 (3) A rule correcting any other typographical, clerical, or spelling
22 error in another rule.
23 (b) Sections 24 23 through 37.2 of this chapter do not apply to rules
24 described in subsection (a).
25 (c) Notwithstanding any other statute, an agency may adopt a rule
26 described by subsection (a) without complying with any statutory
27 notice, hearing, adoption, or approval requirement. In addition, the
28 governor may adopt a rule described in subsection (a) for an agency
29 without the agency's consent or action.
30 (d) A rule described in subsection (a) shall be submitted to the
31 publisher for the assignment of a document control number. The
32 agency (or the governor, for the agency) shall submit the rule in the
33 form required by section 20 of this chapter and with the documents
34 required by section 21 of this chapter. The publisher shall determine
35 the number of copies of the rule and other documents to be submitted
36 under this subsection.
37 (e) After a document control number is assigned, the agency (or the
38 governor, for the agency) shall submit the rule to the publisher for
39 filing. The agency (or the governor, for the agency) shall submit the
40 rule in the form required by section 20 of this chapter and with the
41 documents required by section 21 of this chapter. The publisher shall
42 determine the format of the rule and other documents to be submitted
SB 4—LS 6953/DI 92 10
1 under this subsection.
2 (f) Subject to section 39 of this chapter, the publisher shall:
3 (1) accept the rule for filing; and
4 (2) electronically record the date and time that it is accepted.
5 (g) Subject to subsection (h), a rule described in subsection (a) takes
6 effect on the latest of the following dates:
7 (1) The date that the rule being corrected by a rule adopted under
8 this section becomes effective.
9 (2) The date that is forty-five (45) days from the date and time
10 that the rule adopted under this section is accepted for filing
11 under subsection (f).
12 (h) The governor or the attorney general may file an objection to a
13 rule that is adopted under this section before the date that is forty-five
14 (45) days from the date and time that the rule is accepted for filing
15 under subsection (f). When filed with the publisher, the objection has
16 the effect of invalidating the rule.
17 SECTION 10. IC 4-22-2.1-5, AS AMENDED BY P.L.249-2023,
18 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 5. (a) If an agency intends to adopt a rule under
20 IC 4-22-2 that will impose requirements or costs on small businesses,
21 the agency shall prepare a statement that describes the annual
22 economic impact of a rule on all small businesses after the rule is fully
23 implemented. The statement required by this section must include the
24 following:
25 (1) An estimate of the number of small businesses, classified by
26 industry sector, that will be subject to the proposed rule.
27 (2) An estimate of the average annual reporting, record keeping,
28 and other administrative costs that small businesses will incur to
29 comply with the proposed rule.
30 (3) An estimate of the total annual economic impact that
31 compliance with the proposed rule will have on all small
32 businesses subject to the rule.
33 (4) A statement justifying any requirement or cost that is:
34 (A) imposed on small businesses by the rule; and
35 (B) not expressly required by:
36 (i) the statute authorizing the agency to adopt the rule; or
37 (ii) any other state or federal law.
38 The statement required by this subdivision must include a
39 reference to any data, studies, or analyses relied upon by the
40 agency in determining that the imposition of the requirement or
41 cost is necessary.
42 (5) A regulatory flexibility analysis that considers any less
SB 4—LS 6953/DI 92 11
1 intrusive or less costly alternative methods of achieving the
2 purpose of the proposed rule. The analysis under this subdivision
3 must consider the following methods of minimizing the economic
4 impact of the proposed rule on small businesses:
5 (A) The establishment of less stringent compliance or
6 reporting requirements for small businesses.
7 (B) The establishment of less stringent schedules or deadlines
8 for compliance or reporting requirements for small businesses.
9 (C) The consolidation or simplification of compliance or
10 reporting requirements for small businesses.
11 (D) The establishment of performance standards for small
12 businesses instead of design or operational standards imposed
13 on other regulated entities by the rule.
14 (E) The exemption of small businesses from part or all of the
15 requirements or costs imposed by the rule.
16 If the agency has made a preliminary determination not to
17 implement one (1) or more of the alternative methods considered,
18 the agency shall include a statement explaining the agency's
19 reasons for the determination, including a reference to any data,
20 studies, or analyses relied upon by the agency in making the
21 determination.
22 (b) The agency shall submit a copy of the notice of the first
23 public comment period and regulatory analysis published under
24 IC 4-22-2-23 to the small business ombudsman not later than the
25 publication of the notice of the first public comment period.
26 SECTION 11. IC 4-22-2.1-6, AS AMENDED BY P.L.249-2023,
27 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 6. (a) Not later than seven (7) days before the date
29 of the public hearing set forth in the agency's notice under
30 IC 4-22-2-24, IC 4-22-2-23, the small business ombudsman shall do
31 the following:
32 (1) Review the proposed rule contained within the notice of the
33 first public comment period and economic impact statement
34 contained within the regulatory analysis submitted to the small
35 business ombudsman by the agency under section 5 of this
36 chapter.
37 (2) Submit written comments to the agency on the proposed rule
38 and the economic impact statement prepared by the agency under
39 section 5 of this chapter. The small business ombudsman's
40 comments may:
41 (A) recommend that the agency implement one (1) or more of
42 the regulatory alternatives considered by the agency under
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1 section 5 of this chapter;
2 (B) suggest regulatory alternatives not considered by the
3 agency under section 5 of this chapter;
4 (C) recommend any other changes to the proposed rule that
5 would minimize the economic impact of the proposed rule on
6 small businesses; or
7 (D) recommend that the agency abandon or delay the
8 rulemaking action until:
9 (i) more data on the impact of the proposed rule on small
10 businesses can be gathered and evaluated; or
11 (ii) less intrusive or less costly alternative methods of
12 achieving the purpose of the proposed rule can be effectively
13 implemented with respect to small businesses.
14 (b) Upon receipt of the small business ombudsman's written
15 comments under subsection (a), the agency shall make the comments
16 available:
17 (1) for public inspection and copying at the offices of the agency
18 under IC 5-14-3;
19 (2) electronically through the electronic gateway administered
20 under IC 4-13.1-2-2(a)(6) by the office of technology; and
21 (3) for distribution at the public hearing required by IC 4-22-2-26.
22 (c) Before finally adopting a rule under IC 4-22-2-29, and in the
23 same manner that the agency considers public comments under
24 IC 4-22-2-27, the agency must fully consider the comments submitted
25 by the small business ombudsman under subsection (a). After
26 considering the comments under this subsection, the agency may:
27 (1) adopt any version of the rule permitted under IC 4-22-2-29; or
28 (2) abandon or delay the rulemaking action as recommended by
29 the small business ombudsman under subsection (a)(2)(D), if
30 applicable.
31 SECTION 12. IC 4-22-2.3-6, AS ADDED BY P.L.249-2023,
32 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 6. The following apply to the department of
34 financial institutions:
35 (1) The department of financial institutions shall adopt rules
36 under the interim rule procedures in IC 4-22-2-37.2 announcing:
37 (A) sixty (60) days before January 1 of each odd-numbered
38 year in which dollar amounts under IC 24-4.5 (Uniform
39 Consumer Credit Code) are to change, the changes in dollar
40 amounts required by IC 24-4.5-1-106(2);
41 (B) promptly after the changes occur, changes in the Index
42 required by IC 24-4.5-1-106(3), including, when applicable,
SB 4—LS 6953/DI 92 13
1 the numerical equivalent of the Reference Base Index under a
2 revised Reference Base Index and the designation or title of
3 any index superseding the Index;
4 (C) the adjustments required under IC 24-9-2-8 concerning
5 high cost home loans; and
6 (D) the adjustments required under IC 34-55-10-2 (bankruptcy
7 exemptions; limitations) or IC 34-55-10-2.5.
8 A rule described in this subdivision expires not later than January
9 of the next odd-numbered year after the department of financial
10 institutions is required to issue the rule.
11 (2) The department of financial institutions may adopt a rule
12 under the interim rule procedures in IC 4-22-2-37.2 for a rule
13 permitted under IC 24-4.4-1-101 (licensing system for creditors
14 and mortgage loan originators) or IC 24-4.5 (Uniform Consumer
15 Credit Code) if the department of financial institutions declares
16 an emergency. A rule described in this subdivision expires not
17 later than two (2) years after the rule is effective.
18 (3) The department of financial institutions may adopt a rule
19 described in IC 34-55-10-2 (bankruptcy exemptions; limitations)
20 or IC 34-55-10-2.5 in conformity with the procedures in
21 IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures
22 in IC 4-22-2-37.2. A rule described in this subdivision adopted
23 under IC 4-22-2-37.2 expires not later than two (2) years after the
24 rule is accepted for filing by the publisher of the Indiana Register.
25 A rule described in this section may be continued in another interim
26 rule only if the governor determines under section IC 4-22-2-37.2(c)
27 that the policy options available to the agency are so limited that use of
28 the additional notice, comment, and review procedures in IC 4-22-2-23
29 through IC 4-22-2-36 would provide no benefit to persons regulated or
30 otherwise affected by the rule.
31 SECTION 13. IC 4-22-2.3-10 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) An agency may adopt
34 interim rules under IC 4-22-2-37.2 to implement a reduction, a full
35 or partial waiver, or an elimination of a fee, fine, or civil penalty
36 included in a rule adopted under IC 4-22-2.
37 (b) An interim rule authorized under this section expires not
38 later than January 1 of the fifth year after the year in which the
39 rule is accepted for filing by the publisher of the Indiana Register.
40 (c) A rule described in this section may be continued:
41 (1) if the agency readopts the rule:
42 (A) without changes in conformity with the procedures in
SB 4—LS 6953/DI 92 14
1 IC 4-22-2.6-3 through IC 4-22-2.6-9; or
2 (B) with or without changes in conformity with the
3 procedures in IC 4-22-2-23 through IC 4-22-2-36; or
4 (2) in another interim rule only if the governor determines
5 under IC 4-22-2-37.2(c) that the policy options available to the
6 agency are so limited that the use of the additional notice,
7 comment, and review procedures in IC 4-22-2-23 through
8 IC 4-22-2-36 would provide no benefit to persons regulated or
9 otherwise affected by the rule.
10 SECTION 14. IC 4-22-2.6-1, AS ADDED BY P.L.249-2023,
11 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 1. (a) Except as provided in this section and
13 section 10 of this chapter, a rule adopted under IC 4-22-2-23 through
14 IC 4-22-2-36 expires January 1 of the fifth year after the year in which
15 the rule takes effect, unless the rule expires or is repealed on an earlier
16 date. Except for an amendment made under IC 4-22-2-38, the
17 expiration date of a rule under this section is extended each time that
18 a rule:
19 (1) amending under IC 4-22-2-23 through IC 4-22-2-36;
20 (2) continuing under IC 4-22-2.3-10; or
21 (3) readopting;
22 an unexpired rule takes effect. The rule, as amended or readopted,
23 expires on January 1 of the fifth year after the year in which the
24 amendment or readoption takes effect.
25 (b) If the latest version of a rule became effective:
26 (1) in calendar year 2017, the rule expires not later than January
27 1, 2024;
28 (2) in calendar year 2018, the rule expires not later than January
29 1, 2025;
30 (3) in calendar year 2019, the rule expires not later than January
31 1, 2026; or
32 (4) in calendar year 2020, the rule expires not later than January
33 1, 2027.
34 (c) If the latest version of a rule became effective before January 1,
35 2017, and:
36 (1) the rule was adopted by an agency established under IC 13,
37 the rule expires not later than January 1, 2025;
38 (2) the rule was adopted by an agency established under IC 16,
39 the rule expires not later than January 1, 2026; or
40 (3) the rule was adopted by an agency not described in
41 subdivision (1) or (2), the rule expires not later than January 1,
42 2027.
SB 4—LS 6953/DI 92 15
1 (d) A readoption rulemaking action under IC 4-22-2.5 (before its
2 repeal) or IC 13-14-9.5 (before its repeal) that became effective before
3 July 1, 2023, is validated to the same extent as if the rulemaking action
4 had been conducted under the procedures in this chapter.
5 (e) The determination of whether an administrative rule expires
6 under this chapter shall be applied at the level of an Indiana
7 Administrative Code section.
8 SECTION 15. IC 4-22-2.6-3, AS ADDED BY P.L.249-2023,
9 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if an
11 agency intends to readopt a rule, the agency shall, not later than
12 January 1 of the fourth year after preceding the year in which the rule
13 takes effect, expires under this chapter, provide an initial notice of
14 the intended readoption in an electronic format designated by the
15 publisher to legislators and legislative committees in the manner and
16 on the schedule specified by the legislative council or the personnel
17 subcommittee of the legislative council acting for the legislative
18 council.
19 (b) An agency is not required to provide the initial notice under
20 subsection (a) for a rule described in section 1(b)(1) of this chapter.
21 (c) After receiving the material as required by this section, the
22 publisher shall assign a document control number.
23 SECTION 16. IC 4-22-2.6-5, AS ADDED BY P.L.249-2023,
24 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 5. (a) If an agency elects to readopt a rule under
26 this chapter, the agency shall submit a notice of proposed readoption
27 to the publisher not later than the first regular business day in
28 September of the year preceding the year in which the rule expires
29 under this chapter for publication in the Indiana Register. A separate
30 notice must be published for each board or other person or entity with
31 rulemaking authority.
32 (b) The notice must include the following:
33 (1) A general description of the subject matter of all rules
34 proposed to be readopted.
35 (2) A listing of rules that are proposed to be readopted, listed by
36 their titles and subtitles only.
37 (3) A written public comment period of thirty (30) days and
38 instructions on how to submit written comments to the agency.
39 (4) A request for comments on whether specific rules should be
40 reviewed through the regular rulemaking process under
41 IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
42 when applicable).
SB 4—LS 6953/DI 92 16
1 (5) A summary of the agency's findings under section 4 of this
2 chapter.
3 (6) Any other information required by the publisher.
4 (c) The agency shall submit the material in the form required by
5 IC 4-22-2-20. The agency need not resubmit the documents required by
6 IC 4-22-2-21 if the publisher received a copy of the documents when
7 the rule was previously adopted or amended. The publisher shall
8 review the material submitted under this section and determine the date
9 that the publisher intends to include the material in the Indiana
10 Register. After:
11 (1) establishing the intended publication date; and
12 (2) receiving the material as required by this section;
13 the publisher shall assign a document control number, provide an
14 electronic mail authorization to proceed to the agency and publish the
15 material on the intended publication date.
16 SECTION 17. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
17 SECTION 198, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For a state fiscal year
19 beginning July 1, 2018, or thereafter, and before July 1, 2024, the
20 office, after review by the state budget committee, may determine that
21 no incremental fees collected under IC 16-21-10-13.3 are required to
22 be deposited into the phase out trust fund established under section 7
23 of this chapter. This subsection expires July 1, 2024.
24 (b) If the plan is to be terminated for any reason, the office shall:
25 (1) if required, provide notice of termination of the plan to the
26 United States Department of Health and Human Services and
27 begin the process of phasing out the plan; or
28 (2) if notice and a phase out plan is not required under federal
29 law, notify the hospital assessment fee committee (IC 16-21-10)
30 of the office's intent to terminate the plan and the plan shall be
31 phased out under a procedure approved by the hospital
32 assessment fee committee.
33 The office may not submit any phase out plan to the United States
34 Department of Health and Human Services or accept any phase out
35 plan proposed by the Department of Health and Human Services
36 without the prior approval of the hospital assessment fee committee.
37 (c) Before submitting:
38 (1) an extension of; or
39 (2) a material amendment to;
40 the plan to the United States Department of Health and Human
41 Services, the office shall inform the Indiana Hospital Association of the
42 extension or material amendment to the plan.
SB 4—LS 6953/DI 92 17
1 SECTION 18. IC 12-15-44.5-7, AS ADDED BY P.L.213-2015,
2 SECTION 136, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The phase out trust fund
4 is established for the purpose of holding the money needed during a
5 phase out period of the plan. Funds deposited under this section shall
6 be used only:
7 (1) to fund the state share of the expenses described in
8 IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F)
9 incurred during a phase out period of the plan;
10 (2) after funds from the healthy Indiana trust fund
11 (IC 12-15-44.2-17) are exhausted; and
12 (3) to refund hospitals in the manner described in subsection (h).
13 The fund is separate from the state general fund.
14 (b) The fund shall be administered by the office.
15 (c) The expenses of administering the fund shall be paid from
16 money in the fund.
17 (d) The trust fund must consist of:
18 (1) the funds described in section 6 of this chapter; and
19 (2) any interest accrued under this section.
20 (e) The treasurer of state shall invest the money in the fund not
21 currently needed to meet the obligations of the fund in the same
22 manner as other public money may be invested. Interest that accrues
23 from these investments shall be deposited in the fund.
24 (f) Money in the fund does not revert to the state general fund at the
25 end of any fiscal year. However, the budget agency shall transfer all
26 money in the trust fund to the Medicaid contingency and reserve
27 account established by IC 4-12-1-15.5 on or before June 30, 2024.
28 (g) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
29 Money may not be transferred, assigned, or otherwise removed from
30 the fund by the state board of finance, the budget agency, or any other
31 state agency unless specifically authorized under this chapter.
32 (h) At the end of the phase out period, any remaining funds and
33 accrued interest shall be distributed to the hospitals on a pro rata basis
34 based on the fees authorized by IC 16-21-10 that were paid by each
35 hospital for the state fiscal year that ended immediately before the
36 beginning of the phase out period.
37 (i) This section expires July 1, 2024.
38 SECTION 19. IC 13-14-9-4, AS AMENDED BY P.L.249-2023,
39 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 4. (a) In addition to the requirements of
41 IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public
42 comment period submitted by the department to the publisher must do
SB 4—LS 6953/DI 92 18
1 the following:
2 (1) Contain a summary of the response of the department to
3 written comments submitted under section 3 of this chapter, if
4 applicable.
5 (2) Request the submission of comments, including suggestions
6 of specific amendments to the language contained in the proposed
7 rule.
8 (3) Identify each element of the proposed rule that imposes a
9 restriction or requirement on persons to whom the proposed rule
10 applies that:
11 (A) is more stringent than a restriction or requirement imposed
12 under federal law; or
13 (B) applies in a subject area in which federal law does not
14 impose a restriction or requirement.
15 (4) With respect to each element identified under subdivision (3),
16 identify:
17 (A) the environmental circumstance or hazard that dictates the
18 imposition of the proposed restriction or requirement to
19 protect human health and the environment;
20 (B) examples in which federal law is inadequate to provide the
21 protection referred to in clause (A); and
22 (C) the:
23 (i) estimated fiscal impact; and
24 (ii) expected benefits;
25 based on the extent to which the proposed rule is more
26 stringent than the restrictions or requirements of federal law,
27 or on the creation of restrictions or requirements in a subject
28 area in which federal law does not impose restrictions or
29 requirements.
30 (5) For any element of the proposed rule that imposes a restriction
31 or requirement that is more stringent than a restriction or
32 requirement imposed under federal law or that applies in a subject
33 area in which federal law does not impose restrictions or
34 requirements, describe the availability for public inspection of all
35 materials relied upon by the department in the development of the
36 proposed rule, including, if applicable:
37 (A) health criteria;
38 (B) analytical methods;
39 (C) treatment technology;
40 (D) economic impact data;
41 (E) environmental assessment data;
42 (F) analyses of methods to effectively implement the proposed
SB 4—LS 6953/DI 92 19
1 rule; and
2 (G) other background data.
3 (b) If the notice provided by the department concerning a proposed
4 rule identifies an element of the proposed rule that imposes a restriction
5 or requirement more stringent than a restriction or requirement
6 imposed under federal law, the proposed rule shall not become
7 effective under this chapter until the adjournment sine die of the
8 regular session of the general assembly that begins after the department
9 provides the notice.
10 (c) Subsection (b) does not prohibit or restrict the commissioner, the
11 department, or the board from:
12 (1) adopting provisional rules under IC 4-22-2-37.1;
13 (2) taking emergency action under IC 13-14-10; or
14 (3) temporarily:
15 (A) altering ordinary operating policies or procedures; or
16 (B) implementing new policies or procedures;
17 in response to an emergency situation.
18 SECTION 20. IC 16-21-10-13.3, AS AMENDED BY P.L.201-2023,
19 SECTION 147, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 13.3. (a) This section is effective
21 beginning February 1, 2015. As used in this section, "plan" refers to the
22 healthy Indiana plan established in IC 12-15-44.5.
23 (b) Subject to subsections (c) through (e), the incremental fee under
24 this section may be used to fund the state share of the expenses
25 specified in this subsection if, after January 31, 2015, but before the
26 collection of the fee under this section, the following occur:
27 (1) The committee establishes a fee formula to be used to fund the
28 state share of the following expenses described in this
29 subdivision:
30 (A) The state share of the capitated payments made to a
31 managed care organization that contracts with the office to
32 provide health coverage under the plan to plan enrollees other
33 than plan enrollees who are eligible for the plan under Section
34 1931 of the federal Social Security Act.
35 (B) The state share of capitated payments described in clause
36 (A) for plan enrollees who are eligible for the plan under
37 Section 1931 of the federal Social Security Act that are limited
38 to the difference between:
39 (i) the capitation rates effective September 1, 2014,
40 developed using Medicaid reimbursement rates; and
41 (ii) the capitation rates applicable for the plan developed
42 using the plan's Medicare reimbursement rates described in
SB 4—LS 6953/DI 92 20
1 IC 12-15-44.5-5(a)(2).
2 (C) The state share of the state's contributions to plan enrollee
3 accounts.
4 (D) The state share of amounts used to pay premiums for a
5 premium assistance plan implemented under
6 IC 12-15-44.2-20.
7 (E) The state share of the costs of increasing reimbursement
8 rates for physician services provided to individuals enrolled in
9 Medicaid programs other than the plan, but not to exceed the
10 difference between the Medicaid fee schedule for a physician
11 service that was in effect before the implementation of the plan
12 and the amount equal to seventy-five percent (75%) of the
13 previous year federal Medicare reimbursement rate for a
14 physician service. The incremental fee may not be used for the
15 amount that exceeds seventy-five percent (75%) of the federal
16 Medicare reimbursement rate for a physician service.
17 (F) The state share of the state's administrative costs that, for
18 purposes of this clause, may not exceed one hundred seventy
19 dollars ($170) per person per plan enrollee per year, and
20 adjusted annually by the Consumer Price Index.
21 (G) The money described in IC 12-15-44.5-6(a) for the phase
22 out period of the plan.
23 (2) The committee approves a process to be used for reconciling:
24 (A) the state share of the costs of the plan;
25 (B) the amounts used to fund the state share of the costs of the
26 plan; and
27 (C) the amount of fees assessed for funding the state share of
28 the costs of the plan.
29 For purposes of this subdivision, "costs of the plan" includes the
30 costs of the expenses listed in subdivision (1)(A) through (1)(G).
31 (1)(F).
32 The fees collected under subdivision (1)(A) through (1)(F) shall be
33 deposited into the incremental hospital fee fund established by section
34 13.5 of this chapter. Fees described in subdivision (1)(G) shall be
35 deposited into the phase out trust fund described in IC 12-15-44.5-7.
36 The fees used for purposes of funding the state share of expenses listed
37 in subdivision (1)(A) through (1)(F) may not be used to fund expenses
38 incurred on or after the commencement of a phase out period of the
39 plan.
40 (c) For each state fiscal year for which the fee authorized by this
41 section is used to fund the state share of the expenses described in
42 subsection (b)(1), the amount of fees shall be reduced by:
SB 4—LS 6953/DI 92 21
1 (1) the amount of funds annually designated by the general
2 assembly to be deposited in the healthy Indiana plan trust fund
3 established by IC 12-15-44.2-17; less
4 (2) the annual cigarette tax funds annually appropriated by the
5 general assembly for childhood immunization programs under
6 IC 12-15-44.2-17(a)(3).
7 (d) The incremental fee described in this section may not:
8 (1) be assessed before July 1, 2016; and
9 (2) be assessed or collected on or after the beginning of a phase
10 out period of the plan.
11 (e) This section is not intended to and may not be construed to
12 change or affect any component of the programs established under
13 section 8 of this chapter.
14 SECTION 21. IC 25-1-5.3-1, AS ADDED BY P.L.249-2023,
15 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
17 chapter:
18 (1) "Agency" has the meaning set forth in IC 25-1-5-2.
19 (2) "Applicant" has the meaning set forth in IC 25-1-5-11.
20 (3) "Board" has the meaning set forth in IC 25-1-5-2.
21 (4) "Compliant", with respect to a licensure rule, means a
22 licensure rule that the agency or a board has adopted.
23 (5) "Enactment date" means the date on which a statute that
24 requires rulemaking for a licensure rule to become becomes
25 effective or otherwise requires rulemaking to commence.
26 (6) "Executive director" refers to the individual described in
27 IC 25-1-5-5.
28 (7) "Licensee" has the meaning set forth in IC 25-1-5-11.
29 (8) "Licensure rule" means a rule that:
30 (A) relates to the issuance of a license, certificate, registration,
31 or permit, or a requirement or prerequisite for obtaining a
32 license, or keeping a license in good standing; and
33 (B) is required by statute with an enactment date after January
34 1, 2023, to be adopted by the agency or a board.
35 (9) "Material detriment" means:
36 (A) an inability to obtain a license, certification, permit, or
37 other credential from the agency or a board;
38 (B) an inability to:
39 (i) practice;
40 (ii) perform a procedure; or
41 (iii) engage in a particular professional activity in Indiana or
42 another jurisdiction; or
SB 4—LS 6953/DI 92 22
1 (C) any other substantial burden to professional or business
2 interests.
3 (10) "Noncompliant", with respect to a licensure rule, means a
4 licensure rule that the agency or a board has not adopted as a
5 permanent rule under the procedures in IC 4-22-2-23 through
6 IC 4-22-2-36 or an interim rule under IC 4-22-2-37.2 within on
7 or before the later of the following:
8 (A) Six (6) months of from the enactment date.
9 (B) The date provided in a statute that requires
10 rulemaking for a licensure rule to become effective.
11 SECTION 22. IC 25-1-5.3-2, AS ADDED BY P.L.249-2023,
12 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 2. (a) If a licensee or applicant believes that the
14 agency or a board has failed to adopt a licensure rule within six (6)
15 months of the enactment date or by the date provided in a statute
16 that requires rulemaking for a licensure rule to become effective,
17 whichever is later, an applicant or licensee who has suffered a
18 material detriment as a result of a noncompliant licensure rule may
19 seek damages from the agency or board by bringing an action in a court
20 of competent jurisdiction.
21 (b) A court shall not certify a class in any matter seeking damages
22 under this section.
23 (c) In a matter seeking damages under this section, a court may
24 order the following:
25 (1) An injunction requiring adoption of a compliant interim
26 licensure rule not earlier than six (6) months from the date of the
27 order.
28 (2) Damages equal to the amount of the material detriment caused
29 by the noncompliant licensure rule, including prospective
30 damages through the date established under subdivision (1).
31 (3) Court costs and attorney's fees.
32 (d) IC 34-13-3 applies to an action brought under this section.
33 SECTION 23. [EFFECTIVE UPON PASSAGE] (a) As used in this
34 SECTION, "drafting manual" refers to the Drafting Manual for
35 the Indiana General Assembly, as approved by the legislative
36 council from time to time.
37 (b) During the 2024 interim and in consultation with the budget
38 agency and the state comptroller, the legislative services agency
39 shall develop new templates for creating funds and drafting
40 appropriations. The legislative services agency shall submit the
41 templates developed under this SECTION to the code revision
42 commission before October 1, 2024. The code revision commission
SB 4—LS 6953/DI 92 23
1 shall consider whether to recommend that the legislative council
2 approve a revised drafting manual containing the new templates
3 for creating funds and drafting appropriations.
4 (c) This SECTION expires January 1, 2026.
5 SECTION 24. [EFFECTIVE UPON PASSAGE] (a) As used in this
6 SECTION, "drafting manual" refers to the Drafting Manual for
7 the Indiana General Assembly, as approved by the legislative
8 council from time to time.
9 (b) If the legislative council approves a revised drafting manual
10 containing the templates developed under SECTION 20 of this act,
11 the legislative services agency shall prepare legislation for
12 introduction in 2026 to conform the Indiana Code to the revised
13 drafting manual's instructions for creating funds and drafting
14 appropriations.
15 (c) The budget agency shall provide a suggested list of statutes
16 for amendment to the legislative services agency before September
17 1, 2025.
18 (d) This SECTION expires June 30, 2026.
19 SECTION 25. An emergency is declared for this act.
SB 4—LS 6953/DI 92 24
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 4, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 2, line 33, delete "IC 12-15-44.5-7." and insert "IC
12-15-44.5-7 (before its expiration).".
Page 15, after line 42, begin a new paragraph and insert:
"SECTION 15. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
SECTION 198, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For a state fiscal year
beginning July 1, 2018, or thereafter, and before July 1, 2024, the
office, after review by the state budget committee, may determine that
no incremental fees collected under IC 16-21-10-13.3 are required to
be deposited into the phase out trust fund established under section 7
of this chapter. This subsection expires July 1, 2024.
(b) If the plan is to be terminated for any reason, the office shall:
(1) if required, provide notice of termination of the plan to the
United States Department of Health and Human Services and
begin the process of phasing out the plan; or
(2) if notice and a phase out plan is not required under federal
law, notify the hospital assessment fee committee (IC 16-21-10)
of the office's intent to terminate the plan and the plan shall be
phased out under a procedure approved by the hospital
assessment fee committee.
The office may not submit any phase out plan to the United States
Department of Health and Human Services or accept any phase out
plan proposed by the Department of Health and Human Services
without the prior approval of the hospital assessment fee committee.
(c) Before submitting:
(1) an extension of; or
(2) a material amendment to;
the plan to the United States Department of Health and Human
Services, the office shall inform the Indiana Hospital Association of the
extension or material amendment to the plan.".
Page 16, between lines 36 and 37, begin a new paragraph and insert:
"(i) This section expires July 1, 2024.".
Page 18, between lines 16 and 17, begin a new paragraph and insert:
"SECTION 19. IC 16-21-10-13.3, AS AMENDED BY
P.L.201-2023, SECTION 147, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 13.3. (a) This section
SB 4—LS 6953/DI 92 25
is effective beginning February 1, 2015. As used in this section, "plan"
refers to the healthy Indiana plan established in IC 12-15-44.5.
(b) Subject to subsections (c) through (e), the incremental fee under
this section may be used to fund the state share of the expenses
specified in this subsection if, after January 31, 2015, but before the
collection of the fee under this section, the following occur:
(1) The committee establishes a fee formula to be used to fund the
state share of the following expenses described in this
subdivision:
(A) The state share of the capitated payments made to a
managed care organization that contracts with the office to
provide health coverage under the plan to plan enrollees other
than plan enrollees who are eligible for the plan under Section
1931 of the federal Social Security Act.
(B) The state share of capitated payments described in clause
(A) for plan enrollees who are eligible for the plan under
Section 1931 of the federal Social Security Act that are limited
to the difference between:
(i) the capitation rates effective September 1, 2014,
developed using Medicaid reimbursement rates; and
(ii) the capitation rates applicable for the plan developed
using the plan's Medicare reimbursement rates described in
IC 12-15-44.5-5(a)(2).
(C) The state share of the state's contributions to plan enrollee
accounts.
(D) The state share of amounts used to pay premiums for a
premium assistance plan implemented under
IC 12-15-44.2-20.
(E) The state share of the costs of increasing reimbursement
rates for physician services provided to individuals enrolled in
Medicaid programs other than the plan, but not to exceed the
difference between the Medicaid fee schedule for a physician
service that was in effect before the implementation of the plan
and the amount equal to seventy-five percent (75%) of the
previous year federal Medicare reimbursement rate for a
physician service. The incremental fee may not be used for the
amount that exceeds seventy-five percent (75%) of the federal
Medicare reimbursement rate for a physician service.
(F) The state share of the state's administrative costs that, for
purposes of this clause, may not exceed one hundred seventy
dollars ($170) per person per plan enrollee per year, and
adjusted annually by the Consumer Price Index.
SB 4—LS 6953/DI 92 26
(G) The money described in IC 12-15-44.5-6(a) for the phase
out period of the plan.
(2) The committee approves a process to be used for reconciling:
(A) the state share of the costs of the plan;
(B) the amounts used to fund the state share of the costs of the
plan; and
(C) the amount of fees assessed for funding the state share of
the costs of the plan.
For purposes of this subdivision, "costs of the plan" includes the
costs of the expenses listed in subdivision (1)(A) through (1)(G).
(1)(F).
The fees collected under subdivision (1)(A) through (1)(F) shall be
deposited into the incremental hospital fee fund established by section
13.5 of this chapter. Fees described in subdivision (1)(G) shall be
deposited into the phase out trust fund described in IC 12-15-44.5-7.
The fees used for purposes of funding the state share of expenses listed
in subdivision (1)(A) through (1)(F) may not be used to fund expenses
incurred on or after the commencement of a phase out period of the
plan.
(c) For each state fiscal year for which the fee authorized by this
section is used to fund the state share of the expenses described in
subsection (b)(1), the amount of fees shall be reduced by:
(1) the amount of funds annually designated by the general
assembly to be deposited in the healthy Indiana plan trust fund
established by IC 12-15-44.2-17; less
(2) the annual cigarette tax funds annually appropriated by the
general assembly for childhood immunization programs under
IC 12-15-44.2-17(a)(3).
(d) The incremental fee described in this section may not:
(1) be assessed before July 1, 2016; and
(2) be assessed or collected on or after the beginning of a phase
out period of the plan.
(e) This section is not intended to and may not be construed to
change or affect any component of the programs established under
section 8 of this chapter.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 4 as introduced.)
MISHLER, Chairperson
SB 4—LS 6953/DI 92 27
Committee Vote: Yeas 13, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 4 be amended to read as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 2-5-42.4-8, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. (a) The legislative services agency shall
establish and maintain a system for making available to the public
information about the amount and effectiveness of workforce related
programs.
(b) The legislative services agency shall develop and publish on the
general assembly's Internet web site website a multiyear schedule that
lists all workforce related programs and indicates the year when the
report will be published for each workforce related program reviewed.
The legislative services agency may revise the schedule as long as the
legislative services agency provides for a systematic review, analysis,
and evaluation of all workforce related programs and that each
workforce related program is reviewed at least once. every five (5)
years.".
Renumber all SECTIONS consecutively.
(Reference is to SB 4 as printed January 19, 2024.)
GARTEN
SB 4—LS 6953/DI 92