*ES0004.1*
February 22, 2024
ENGROSSED
SENATE BILL No. 4
_____
DIGEST OF SB 4 (Updated February 21, 2024 5:50 pm - DI 125)
Citations Affected: IC 2-5; IC 4-12; IC 4-22; IC 12-15; IC 13-14;
IC 16-21; IC 25-1.
Synopsis: Fiscal and administrative matters. Specifies that certain
workforce related programs must be reviewed by the legislative
services agency at least once rather than every five years. 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
(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
(HOUSE SPONSORS — THOMPSON, JORDAN, PIERCE K)
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.
January 23, 2024, engrossed. Read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Ways and Means.
February 22, 2024, amended, reported — Do Pass.
ES 4—LS 6953/DI 92 Digest Continued
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 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.
ES 4—LS 6953/DI 92ES 4—LS 6953/DI 92 February 22, 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.
ENGROSSED
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.
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1 SECTION 2. IC 4-12-1-15.5 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15.5. (a) The
3 Medicaid contingency and reserve account is established within the
4 state general fund for the purpose of providing money for timely
5 payment of Medicaid claims, obligations, and liabilities. Money in the
6 account must be used to pay Medicaid claims, obligations, and
7 liabilities. The account shall be administered by the budget agency.
8 (b) Expenses of administering the account shall be paid from money
9 in the account. The account consists of the following:
10 (1) Appropriations to the account.
11 (2) Other Medicaid appropriations transferred to the account with
12 the approval of the governor and the budget agency.
13 (3) Money transferred to the account from the phase out trust
14 fund established by IC 12-15-44.5-7 (before its expiration).
15 (c) The treasurer of state shall invest the money in the account not
16 currently needed to meet the obligations of the account in the same
17 manner as other public money may be invested.
18 (d) Money in the account at the end of a state fiscal year does not
19 revert.
20 SECTION 3. IC 4-12-1-22 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
22 UPON PASSAGE]: Sec. 22. (a) Except as provided in subsection (b),
23 "dedicated fund", as used in this section, means a fund established
24 separate from the state general fund for:
25 (1) the use of a particular state agency;
26 (2) the deposit of a particular state revenue source; or
27 (3) the purposes of a particular state purpose or a particular
28 state program.
29 (b) The term does not include any of the following:
30 (1) A fund established for the purpose of administering a
31 federal program or a fund established for the deposit of
32 money received from the federal government.
33 (2) The public deposit insurance fund maintained by the
34 board for depositories under IC 5-13.
35 (3) A trust fund.
36 (4) A fund that is subject to a statutorily required minimum
37 balance.
38 (c) Before October 1 of each even-numbered year, the budget
39 agency shall prepare a list of dedicated funds from which no
40 expenditures were made in the previous two (2) state fiscal years.
41 The list must include the following information for each dedicated
42 fund:
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1 (1) The name of the fund.
2 (2) The legal fund balance on June 30 of the previous state
3 fiscal year.
4 (3) Citation of the statute or other authority for establishing
5 the fund.
6 (d) Before October 1 of each even-numbered year, the budget
7 agency shall:
8 (1) make any appropriate recommendations concerning the
9 listed dedicated funds; and
10 (2) submit the list prepared under subsection (c) and any
11 recommendations made under subdivision (1) in an electronic
12 format under IC 5-14-6 to the legislative council and to the
13 budget committee.
14 (e) If the list required by this section is not submitted by
15 October 1 of an even-numbered year, the budget committee may
16 request that the budget agency appear at a public meeting
17 concerning the list.
18 (f) Notwithstanding any other law, any remaining balance in a
19 dedicated fund identified on the list submitted under subsection (d)
20 reverts to the state general fund at the end of the state fiscal year
21 in which the list is submitted.
22 SECTION 4. IC 4-22-2-15, AS AMENDED BY P.L.249-2023,
23 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 15. Any rulemaking action that this chapter allows
25 or requires an agency to perform, other than final adoption of a rule
26 under section 29, 37.1, or 37.2 of this chapter or IC 13-14-9, may be
27 performed by the individual or group of individuals with the statutory
28 authority to adopt rules for the agency, a member of the agency's staff,
29 or another agent of the agency. Final adoption of a rule under section
30 29, 37.1, or 37.2 of this chapter or IC 13-14-9, including readoption of
31 a rule that is subject to sections 24 23 through 36 or to section 37.1 of
32 this chapter and recalled for further consideration under section 40 of
33 this chapter, may be performed only by the individual or group of
34 individuals with the statutory authority to adopt rules for the agency.
35 SECTION 5. IC 4-22-2-28, AS AMENDED BY THE TECHNICAL
36 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
37 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
38 Sec. 28. (a) The following definitions apply throughout As used in this
39 section,
40 (1) "ombudsman" refers to the small business ombudsman
41 designated under IC 5-28-17-6.
42 (2) "Total estimated economic impact" means the direct annual
ES 4—LS 6953/DI 92 4
1 economic impact of a rule on all regulated persons after the rule
2 is fully implemented under subsection (g).
3 (b) The ombudsman:
4 (1) shall review a proposed rule that imposes requirements or
5 costs on small businesses (as defined in IC 4-22-2.1-4); and
6 (2) may review a proposed rule that imposes requirements or
7 costs on businesses other than small businesses (as defined in
8 IC 4-22-2.1-4).
9 After conducting a review under subdivision (1) or (2), the ombudsman
10 may suggest alternatives to reduce any regulatory burden that the
11 proposed rule imposes on small businesses or other businesses. The
12 agency that intends to adopt the proposed rule shall respond in writing
13 to the ombudsman concerning the ombudsman's comments or
14 suggested alternatives before adopting the proposed rule under section
15 29 of this chapter.
16 SECTION 6. IC 4-22-2-31, AS AMENDED BY P.L.249-2023,
17 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 31. After an agency has complied with section 29
19 of this chapter, or adopted the rule in conformity with IC 13-14-9, as
20 applicable, the agency shall submit its rule to the attorney general for
21 approval. The agency shall submit the following to the attorney
22 general:
23 (1) The rule in the form required by section 20 of this chapter.
24 (2) The documents required by section 21 of this chapter.
25 (3) Written or an electronic mail authorization to proceed issued
26 by the publisher under sections 23 and 24 of this chapter or
27 IC 13-14-9-4, IC 13-14-9-5, or IC 13-14-9-14, as applicable.
28 (4) Any other documents specified by the attorney general.
29 The attorney general may require the agency to submit any supporting
30 documentation that the attorney general considers necessary for the
31 attorney general's review under section 32 of this chapter. The agency
32 may submit any additional supporting documentation the agency
33 considers necessary.
34 SECTION 7. IC 4-22-2-37.1, AS AMENDED BY P.L.249-2023,
35 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 37.1. (a) The following do not apply to a rule
37 adopted under this section:
38 (1) Sections 23 through 27 of this chapter or IC 13-14-9 (as
39 applicable).
40 (2) Sections 28 through 36 of this chapter.
41 The amendments to this section made in the 2023 regular session of the
42 general assembly apply to provisional rules that are accepted for filing
ES 4—LS 6953/DI 92 5
1 by the publisher of the Indiana Register after June 30, 2023, regardless
2 of whether the adopting agency initiated official action to adopt the rule
3 by the name of emergency rule or provisional rule before July 1, 2023.
4 An action taken before July 1, 2023, in conformity with this section (as
5 effective after June 30, 2023) is validated to the same extent as if the
6 action was taken after June 30, 2023.
7 (b) An agency may adopt a rule on a subject for which the agency
8 has rulemaking authority using the procedures in this section if the
9 governor finds that the agency proposing to adopt the rule has
10 demonstrated to the satisfaction of the governor that use of provisional
11 rulemaking procedures under this section is necessary to avoid:
12 (1) an imminent and a substantial peril to public health, safety, or
13 welfare;
14 (2) an imminent and a material loss of federal funds for an agency
15 program;
16 (3) an imminent and a material deficit;
17 (4) an imminent and a substantial violation of a state or federal
18 law or the terms of a federal agreement or program;
19 (5) injury to the business or interests of the people or any public
20 utility of Indiana as determined under IC 8-1-2-113;
21 (6) an imminent and a substantial peril to:
22 (A) wildlife; or
23 (B) domestic animal;
24 health, safety, or welfare; or
25 (7) the spread of invasive species, pests, or diseases affecting
26 plants.
27 To obtain a determination from the governor, an agency must submit
28 to the governor the text of the proposed provisional rule, a statement
29 justifying the need for provisional rulemaking procedures, and any
30 additional information required by the governor in the form and in the
31 manner required by the governor. The governor may not approve
32 provisional rulemaking for any part of a proposed provisional rule that
33 adds or amends language to increase or expand application of a fee,
34 fine, or civil penalty or a schedule of fees, fines, or civil penalties
35 before submitting the proposal to the budget committee for review. A
36 notice of determination by the governor shall include findings that
37 explain the basis for the determination. The notice of determination
38 shall be provided to the agency in an electronic format. Approval of a
39 request shall be treated as a determination that the rule meets the
40 criteria in this subsection.
41 (c) After the governor approves provisional rulemaking procedures
42 for a rule but before the agency adopts the provisional rule, the agency
ES 4—LS 6953/DI 92 6
1 shall obtain a document control number from the publisher. The
2 publisher shall determine the documents and the format of the
3 documents that must be submitted to the publisher to obtain a
4 document control number. The agency must submit at least the
5 following:
6 (1) The full text of the proposed provisional rule in the form
7 required by section 20 of this chapter.
8 (2) A statement justifying the need for provisional rulemaking.
9 (3) The approval of the governor to use provisional rulemaking
10 procedures required by law.
11 (4) The documents required by section 21 of this chapter.
12 An agency may not adopt a proposed provisional rule until after the
13 publisher notifies the agency that the publisher has complied with
14 subsection (d). At least ten (10) regular business days must elapse after
15 the publisher has complied with subsection (d) before the department
16 of natural resources, the natural resources commission, the department
17 of environmental management, or a board that has rulemaking authority
18 under IC 13 adopts a provisional rule.
19 (d) Upon receipt of documents described in subsection (c), the
20 publisher shall distribute the full text of the proposed provisional rule
21 to legislators and legislative committees in the manner and the form
22 specified by the legislative council or the personnel subcommittee of
23 the legislative council acting for the legislative council. After
24 distribution has occurred, the publisher shall notify the agency of the
25 date that distribution under this subsection has occurred.
26 (e) After the document control number has been assigned and the
27 agency adopts the provisional rule, the agency shall submit the
28 following to the publisher for filing:
29 (1) The text of the adopted provisional rule. The agency shall
30 submit the provisional rule in the form required by section 20 of
31 this chapter.
32 (2) A signature page that indicates that the agency has adopted the
33 provisional rule in conformity with all procedures required by
34 law.
35 (3) If the provisional rule adds or amends language to increase or
36 expand application of a fee, fine, or civil penalty or a schedule of
37 fees, fines, or civil penalties, the agenda of the budget committee
38 meeting at which the rule was scheduled for review.
39 (4) The documents required by section 21 of this chapter.
40 The publisher shall determine the format of the provisional rule and
41 other documents to be submitted under this subsection. The substantive
42 text of the adopted provisional rule must be substantially similar to the
ES 4—LS 6953/DI 92 7
1 text of the proposed provisional rule submitted to the governor. A
2 provisional rule may suspend but not repeal a rule approved by the
3 governor under section 34 of this chapter.
4 (f) Subject to subsections (c) and (e) and section 39 of this chapter,
5 the publisher shall:
6 (1) accept the provisional rule for filing;
7 (2) electronically record the date and time that the provisional
8 rule is accepted; and
9 (3) publish the text of the adopted provisional rule and the
10 governor's approval in the Indiana Register.
11 (g) A provisional rule adopted by an agency under this section takes
12 effect on the latest of the following dates:
13 (1) The effective date of the statute delegating authority to the
14 agency to adopt the provisional rule.
15 (2) The date and time that the provisional rule is accepted for
16 filing under subsection (f).
17 (3) The effective date stated by the adopting agency in the
18 provisional rule.
19 (4) The date of compliance with every requirement established by
20 law as a prerequisite to the adoption or effectiveness of the
21 provisional rule.
22 (5) The statutory effective date for a provisional rule set forth in
23 law.
24 (h) An agency may amend a provisional rule with another
25 provisional rule by following the procedures in this section for the
26 amended provisional rule. However, unless otherwise provided by
27 IC 4-22-2.3, a provisional rule and all amendments of a provisional rule
28 by another provisional rule expire not later than one hundred eighty
29 (180) days after the initial provisional rule is accepted for filing under
30 subsection (f). Unless otherwise provided by IC 4-22-2.3-2, the
31 subject of the provisional rule, including all amendments to the
32 provisional rule, may not be subsequently extended under this section
33 or section 37.2 of this chapter. If the governor determines that the
34 circumstance that is the basis for using the procedures under this
35 section ceases to exist, the governor may terminate the provisional rule
36 before the lapse of one hundred eighty (180) days. The termination is
37 effective when filed with the publisher. The publisher shall publish the
38 termination notice in the Indiana Register.
39 (i) Subject to subsection (j), the attorney general or the governor
40 may file an objection to a provisional rule that is adopted under this
41 section not later than forty-five (45) days after the date that a
42 provisional rule or amendment to a provisional rule is accepted for
ES 4—LS 6953/DI 92 8
1 filing under subsection (f). The objection must cite the document
2 control number for the affected provisional rule and state the basis for
3 the objection. When filed with the publisher, the objection has the
4 effect of invalidating the provisional rule or amendment to a
5 provisional rule. The publisher shall publish the objection in the
6 Indiana Register.
7 (j) The attorney general may file a written objection to a provisional
8 rule under subsection (i) only if the attorney general determines that the
9 provisional rule has been adopted:
10 (1) without statutory authority; or
11 (2) without complying with this section.
12 A notice of objection to a provisional rule by the attorney general must
13 include findings that explain the basis for the determination. The notice
14 of objection shall be provided to the agency in an electronic format.
15 SECTION 8. IC 4-22-2-38, AS AMENDED BY P.L.249-2023,
16 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 38. (a) This section applies to a rulemaking action
18 resulting in any of the following rules:
19 (1) A rule that brings another rule into conformity with section 20
20 of this chapter.
21 (2) A rule that amends another rule to replace an inaccurate
22 reference to a statute, rule, regulation, other text, governmental
23 entity, or location with an accurate reference, when the inaccuracy
24 is the result of the rearrangement of a federal or state statute, rule,
25 or regulation under a different citation number, a federal or state
26 transfer of functions from one (1) governmental entity to another,
27 a change in the name of a federal or state governmental entity, or
28 a change in the address of an entity.
29 (3) A rule correcting any other typographical, clerical, or spelling
30 error in another rule.
31 (b) Sections 24 23 through 37.2 of this chapter do not apply to rules
32 described in subsection (a).
33 (c) Notwithstanding any other statute, an agency may adopt a rule
34 described by subsection (a) without complying with any statutory
35 notice, hearing, adoption, or approval requirement. In addition, the
36 governor may adopt a rule described in subsection (a) for an agency
37 without the agency's consent or action.
38 (d) A rule described in subsection (a) shall be submitted to the
39 publisher for the assignment of a document control number. The
40 agency (or the governor, for the agency) shall submit the rule in the
41 form required by section 20 of this chapter and with the documents
42 required by section 21 of this chapter. The publisher shall determine
ES 4—LS 6953/DI 92 9
1 the number of copies of the rule and other documents to be submitted
2 under this subsection.
3 (e) After a document control number is assigned, the agency (or the
4 governor, for the agency) shall submit the rule to the publisher for
5 filing. The agency (or the governor, for the agency) shall submit the
6 rule in the form required by section 20 of this chapter and with the
7 documents required by section 21 of this chapter. The publisher shall
8 determine the format of the rule and other documents to be submitted
9 under this subsection.
10 (f) Subject to section 39 of this chapter, the publisher shall:
11 (1) accept the rule for filing; and
12 (2) electronically record the date and time that it is accepted.
13 (g) Subject to subsection (h), a rule described in subsection (a) takes
14 effect on the latest of the following dates:
15 (1) The date that the rule being corrected by a rule adopted under
16 this section becomes effective.
17 (2) The date that is forty-five (45) days from the date and time
18 that the rule adopted under this section is accepted for filing
19 under subsection (f).
20 (h) The governor or the attorney general may file an objection to a
21 rule that is adopted under this section before the date that is forty-five
22 (45) days from the date and time that the rule is accepted for filing
23 under subsection (f). When filed with the publisher, the objection has
24 the effect of invalidating the rule.
25 SECTION 9. IC 4-22-2.1-5, AS AMENDED BY P.L.249-2023,
26 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 5. (a) If an agency intends to adopt a rule under
28 IC 4-22-2 that will impose requirements or costs on small businesses,
29 the agency shall prepare a statement that describes the annual
30 economic impact of a rule on all small businesses after the rule is fully
31 implemented. The statement required by this section must include the
32 following:
33 (1) An estimate of the number of small businesses, classified by
34 industry sector, that will be subject to the proposed rule.
35 (2) An estimate of the average annual reporting, record keeping,
36 and other administrative costs that small businesses will incur to
37 comply with the proposed rule.
38 (3) An estimate of the total annual economic impact that
39 compliance with the proposed rule will have on all small
40 businesses subject to the rule.
41 (4) A statement justifying any requirement or cost that is:
42 (A) imposed on small businesses by the rule; and
ES 4—LS 6953/DI 92 10
1 (B) not expressly required by:
2 (i) the statute authorizing the agency to adopt the rule; or
3 (ii) any other state or federal law.
4 The statement required by this subdivision must include a
5 reference to any data, studies, or analyses relied upon by the
6 agency in determining that the imposition of the requirement or
7 cost is necessary.
8 (5) A regulatory flexibility analysis that considers any less
9 intrusive or less costly alternative methods of achieving the
10 purpose of the proposed rule. The analysis under this subdivision
11 must consider the following methods of minimizing the economic
12 impact of the proposed rule on small businesses:
13 (A) The establishment of less stringent compliance or
14 reporting requirements for small businesses.
15 (B) The establishment of less stringent schedules or deadlines
16 for compliance or reporting requirements for small businesses.
17 (C) The consolidation or simplification of compliance or
18 reporting requirements for small businesses.
19 (D) The establishment of performance standards for small
20 businesses instead of design or operational standards imposed
21 on other regulated entities by the rule.
22 (E) The exemption of small businesses from part or all of the
23 requirements or costs imposed by the rule.
24 If the agency has made a preliminary determination not to
25 implement one (1) or more of the alternative methods considered,
26 the agency shall include a statement explaining the agency's
27 reasons for the determination, including a reference to any data,
28 studies, or analyses relied upon by the agency in making the
29 determination.
30 (b) The agency shall submit a copy of the notice of the first
31 public comment period and regulatory analysis published under
32 IC 4-22-2-23 to the small business ombudsman not later than the
33 publication of the notice of the first public comment period.
34 SECTION 10. IC 4-22-2.1-6, AS AMENDED BY P.L.249-2023,
35 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 6. (a) Not later than seven (7) days before the date
37 of the public hearing set forth in the agency's notice under
38 IC 4-22-2-24, IC 4-22-2-23, the small business ombudsman shall do
39 the following:
40 (1) Review the proposed rule contained within the notice of the
41 first public comment period and economic impact statement
42 contained within the regulatory analysis submitted to the small
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1 business ombudsman by the agency under section 5 of this
2 chapter.
3 (2) Submit written comments to the agency on the proposed rule
4 and the economic impact statement prepared by the agency under
5 section 5 of this chapter. The small business ombudsman's
6 comments may:
7 (A) recommend that the agency implement one (1) or more of
8 the regulatory alternatives considered by the agency under
9 section 5 of this chapter;
10 (B) suggest regulatory alternatives not considered by the
11 agency under section 5 of this chapter;
12 (C) recommend any other changes to the proposed rule that
13 would minimize the economic impact of the proposed rule on
14 small businesses; or
15 (D) recommend that the agency abandon or delay the
16 rulemaking action until:
17 (i) more data on the impact of the proposed rule on small
18 businesses can be gathered and evaluated; or
19 (ii) less intrusive or less costly alternative methods of
20 achieving the purpose of the proposed rule can be effectively
21 implemented with respect to small businesses.
22 (b) Upon receipt of the small business ombudsman's written
23 comments under subsection (a), the agency shall make the comments
24 available:
25 (1) for public inspection and copying at the offices of the agency
26 under IC 5-14-3;
27 (2) electronically through the electronic gateway administered
28 under IC 4-13.1-2-2(a)(6) by the office of technology; and
29 (3) for distribution at the public hearing required by IC 4-22-2-26.
30 (c) Before finally adopting a rule under IC 4-22-2-29, and in the
31 same manner that the agency considers public comments under
32 IC 4-22-2-27, the agency must fully consider the comments submitted
33 by the small business ombudsman under subsection (a). After
34 considering the comments under this subsection, the agency may:
35 (1) adopt any version of the rule permitted under IC 4-22-2-29; or
36 (2) abandon or delay the rulemaking action as recommended by
37 the small business ombudsman under subsection (a)(2)(D), if
38 applicable.
39 SECTION 11. IC 4-22-2.3-6, AS ADDED BY P.L.249-2023,
40 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 6. The following apply to the department of
42 financial institutions:
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1 (1) The department of financial institutions shall adopt rules
2 under the interim rule procedures in IC 4-22-2-37.2 announcing:
3 (A) sixty (60) days before January 1 of each odd-numbered
4 year in which dollar amounts under IC 24-4.5 (Uniform
5 Consumer Credit Code) are to change, the changes in dollar
6 amounts required by IC 24-4.5-1-106(2);
7 (B) promptly after the changes occur, changes in the Index
8 required by IC 24-4.5-1-106(3), including, when applicable,
9 the numerical equivalent of the Reference Base Index under a
10 revised Reference Base Index and the designation or title of
11 any index superseding the Index;
12 (C) the adjustments required under IC 24-9-2-8 concerning
13 high cost home loans; and
14 (D) the adjustments required under IC 34-55-10-2 (bankruptcy
15 exemptions; limitations) or IC 34-55-10-2.5.
16 A rule described in this subdivision expires not later than January
17 of the next odd-numbered year after the department of financial
18 institutions is required to issue the rule.
19 (2) The department of financial institutions may adopt a rule
20 under the interim rule procedures in IC 4-22-2-37.2 for a rule
21 permitted under IC 24-4.4-1-101 (licensing system for creditors
22 and mortgage loan originators) or IC 24-4.5 (Uniform Consumer
23 Credit Code) if the department of financial institutions declares
24 an emergency. A rule described in this subdivision expires not
25 later than two (2) years after the rule is effective.
26 (3) The department of financial institutions may adopt a rule
27 described in IC 34-55-10-2 (bankruptcy exemptions; limitations)
28 or IC 34-55-10-2.5 in conformity with the procedures in
29 IC 4-22-2-23 through IC 4-22-2-36 or the interim rule procedures
30 in IC 4-22-2-37.2. A rule described in this subdivision adopted
31 under IC 4-22-2-37.2 expires not later than two (2) years after the
32 rule is accepted for filing by the publisher of the Indiana Register.
33 A rule described in this section may be continued in another interim
34 rule only if the governor determines under section IC 4-22-2-37.2(c)
35 that the policy options available to the agency are so limited that use of
36 the additional notice, comment, and review procedures in IC 4-22-2-23
37 through IC 4-22-2-36 would provide no benefit to persons regulated or
38 otherwise affected by the rule.
39 SECTION 12. IC 4-22-2.3-10 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 10. (a) An agency may adopt
42 interim rules under IC 4-22-2-37.2 to implement a reduction, a full
ES 4—LS 6953/DI 92 13
1 or partial waiver, or an elimination of a fee, fine, or civil penalty
2 included in a rule adopted under IC 4-22-2.
3 (b) An interim rule authorized under this section expires not
4 later than January 1 of the fifth year after the year in which the
5 rule is accepted for filing by the publisher of the Indiana Register.
6 (c) A rule described in this section may be continued:
7 (1) if the agency readopts the rule:
8 (A) without changes in conformity with the procedures in
9 IC 4-22-2.6-3 through IC 4-22-2.6-9; or
10 (B) with or without changes in conformity with the
11 procedures in IC 4-22-2-23 through IC 4-22-2-36; or
12 (2) in another interim rule only if the governor determines
13 under IC 4-22-2-37.2(c) that the policy options available to the
14 agency are so limited that the use of the additional notice,
15 comment, and review procedures in IC 4-22-2-23 through
16 IC 4-22-2-36 would provide no benefit to persons regulated or
17 otherwise affected by the rule.
18 SECTION 13. IC 4-22-2.6-1, AS ADDED BY P.L.249-2023,
19 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 1. (a) Except as provided in this section and
21 section 10 of this chapter, a rule adopted under IC 4-22-2-23 through
22 IC 4-22-2-36 expires January 1 of the fifth year after the year in which
23 the rule takes effect, unless the rule expires or is repealed on an earlier
24 date. Except for an amendment made under IC 4-22-2-38, the
25 expiration date of a rule under this section is extended each time that
26 a rule:
27 (1) amending under IC 4-22-2-23 through IC 4-22-2-36;
28 (2) continuing under IC 4-22-2.3-10; or
29 (3) readopting;
30 an unexpired rule takes effect. The rule, as amended or readopted,
31 expires on January 1 of the fifth year after the year in which the
32 amendment or readoption takes effect.
33 (b) If the latest version of a rule became effective:
34 (1) in calendar year 2017, the rule expires not later than January
35 1, 2024;
36 (2) in calendar year 2018, the rule expires not later than January
37 1, 2025;
38 (3) in calendar year 2019, the rule expires not later than January
39 1, 2026; or
40 (4) in calendar year 2020, the rule expires not later than January
41 1, 2027.
42 (c) If the latest version of a rule became effective before January 1,
ES 4—LS 6953/DI 92 14
1 2017, and:
2 (1) the rule was adopted by an agency established under IC 13,
3 the rule expires not later than January 1, 2025;
4 (2) the rule was adopted by an agency established under IC 16,
5 the rule expires not later than January 1, 2026; or
6 (3) the rule was adopted by an agency not described in
7 subdivision (1) or (2), the rule expires not later than January 1,
8 2027.
9 (d) A readoption rulemaking action under IC 4-22-2.5 (before its
10 repeal) or IC 13-14-9.5 (before its repeal) that became effective before
11 July 1, 2023, is validated to the same extent as if the rulemaking action
12 had been conducted under the procedures in this chapter.
13 (e) The determination of whether an administrative rule expires
14 under this chapter shall be applied at the level of an Indiana
15 Administrative Code section.
16 SECTION 14. IC 4-22-2.6-3, AS ADDED BY P.L.249-2023,
17 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b), if an
19 agency intends to readopt a rule, the agency shall, not later than
20 January 1 of the fourth year after preceding the year in which the rule
21 takes effect, expires under this chapter, provide an initial notice of
22 the intended readoption in an electronic format designated by the
23 publisher to legislators and legislative committees in the manner and
24 on the schedule specified by the legislative council or the personnel
25 subcommittee of the legislative council acting for the legislative
26 council.
27 (b) An agency is not required to provide the initial notice under
28 subsection (a) for a rule described in section 1(b)(1) of this chapter.
29 (c) After receiving the material as required by this section, the
30 publisher shall assign a document control number.
31 SECTION 15. IC 4-22-2.6-5, AS ADDED BY P.L.249-2023,
32 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 5. (a) If an agency elects to readopt a rule under
34 this chapter, the agency shall submit a notice of proposed readoption
35 to the publisher not later than the first regular business day in
36 September of the year preceding the year in which the rule expires
37 under this chapter for publication in the Indiana Register. A separate
38 notice must be published for each board or other person or entity with
39 rulemaking authority.
40 (b) The notice must include the following:
41 (1) A general description of the subject matter of all rules
42 proposed to be readopted.
ES 4—LS 6953/DI 92 15
1 (2) A listing of rules that are proposed to be readopted, listed by
2 their titles and subtitles only.
3 (3) A written public comment period of thirty (30) days and
4 instructions on how to submit written comments to the agency.
5 (4) A request for comments on whether specific rules should be
6 reviewed through the regular rulemaking process under
7 IC 4-22-2-23 through IC 4-22-2-36 (as modified by IC 13-14-9,
8 when applicable).
9 (5) A summary of the agency's findings under section 4 of this
10 chapter.
11 (6) Any other information required by the publisher.
12 (c) The agency shall submit the material in the form required by
13 IC 4-22-2-20. The agency need not resubmit the documents required by
14 IC 4-22-2-21 if the publisher received a copy of the documents when
15 the rule was previously adopted or amended. The publisher shall
16 review the material submitted under this section and determine the date
17 that the publisher intends to include the material in the Indiana
18 Register. After:
19 (1) establishing the intended publication date; and
20 (2) receiving the material as required by this section;
21 the publisher shall assign a document control number, provide an
22 electronic mail authorization to proceed to the agency and publish the
23 material on the intended publication date.
24 SECTION 16. IC 12-15-44.5-6, AS AMENDED BY P.L.108-2019,
25 SECTION 198, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) For a state fiscal year
27 beginning July 1, 2018, or thereafter, and before July 1, 2024, the
28 office, after review by the state budget committee, may determine that
29 no incremental fees collected under IC 16-21-10-13.3 are required to
30 be deposited into the phase out trust fund established under section 7
31 of this chapter. This subsection expires July 1, 2024.
32 (b) If the plan is to be terminated for any reason, the office shall:
33 (1) if required, provide notice of termination of the plan to the
34 United States Department of Health and Human Services and
35 begin the process of phasing out the plan; or
36 (2) if notice and a phase out plan is not required under federal
37 law, notify the hospital assessment fee committee (IC 16-21-10)
38 of the office's intent to terminate the plan and the plan shall be
39 phased out under a procedure approved by the hospital
40 assessment fee committee.
41 The office may not submit any phase out plan to the United States
42 Department of Health and Human Services or accept any phase out
ES 4—LS 6953/DI 92 16
1 plan proposed by the Department of Health and Human Services
2 without the prior approval of the hospital assessment fee committee.
3 (c) Before submitting:
4 (1) an extension of; or
5 (2) a material amendment to;
6 the plan to the United States Department of Health and Human
7 Services, the office shall inform the Indiana Hospital Association of the
8 extension or material amendment to the plan.
9 SECTION 17. IC 12-15-44.5-7, AS ADDED BY P.L.213-2015,
10 SECTION 136, IS AMENDED TO READ AS FOLLOWS
11 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The phase out trust fund
12 is established for the purpose of holding the money needed during a
13 phase out period of the plan. Funds deposited under this section shall
14 be used only:
15 (1) to fund the state share of the expenses described in
16 IC 16-21-10-13.3(b)(1)(A) through IC 16-21-10-13.3(b)(1)(F)
17 incurred during a phase out period of the plan;
18 (2) after funds from the healthy Indiana trust fund
19 (IC 12-15-44.2-17) are exhausted; and
20 (3) to refund hospitals in the manner described in subsection (h).
21 The fund is separate from the state general fund.
22 (b) The fund shall be administered by the office.
23 (c) The expenses of administering the fund shall be paid from
24 money in the fund.
25 (d) The trust fund must consist of:
26 (1) the funds described in section 6 of this chapter; and
27 (2) any interest accrued under this section.
28 (e) The treasurer of state shall invest the money in the fund not
29 currently needed to meet the obligations of the fund in the same
30 manner as other public money may be invested. Interest that accrues
31 from these investments shall be deposited in the fund.
32 (f) Money in the fund does not revert to the state general fund at the
33 end of any fiscal year. However, the budget agency shall transfer all
34 money in the trust fund to the Medicaid contingency and reserve
35 account established by IC 4-12-1-15.5 on or before June 30, 2024.
36 (g) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
37 Money may not be transferred, assigned, or otherwise removed from
38 the fund by the state board of finance, the budget agency, or any other
39 state agency unless specifically authorized under this chapter.
40 (h) At the end of the phase out period, any remaining funds and
41 accrued interest shall be distributed to the hospitals on a pro rata basis
42 based on the fees authorized by IC 16-21-10 that were paid by each
ES 4—LS 6953/DI 92 17
1 hospital for the state fiscal year that ended immediately before the
2 beginning of the phase out period.
3 (i) This section expires July 1, 2024.
4 SECTION 18. IC 13-14-9-4, AS AMENDED BY P.L.249-2023,
5 SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 4. (a) In addition to the requirements of
7 IC 4-22-2-23 and (if applicable) IC 4-22-2-24, the notice of public
8 comment period submitted by the department to the publisher must do
9 the following:
10 (1) Contain a summary of the response of the department to
11 written comments submitted under section 3 of this chapter, if
12 applicable.
13 (2) Request the submission of comments, including suggestions
14 of specific amendments to the language contained in the proposed
15 rule.
16 (3) Identify each element of the proposed rule that imposes a
17 restriction or requirement on persons to whom the proposed rule
18 applies that:
19 (A) is more stringent than a restriction or requirement imposed
20 under federal law; or
21 (B) applies in a subject area in which federal law does not
22 impose a restriction or requirement.
23 (4) With respect to each element identified under subdivision (3),
24 identify:
25 (A) the environmental circumstance or hazard that dictates the
26 imposition of the proposed restriction or requirement to
27 protect human health and the environment;
28 (B) examples in which federal law is inadequate to provide the
29 protection referred to in clause (A); and
30 (C) the:
31 (i) estimated fiscal impact; and
32 (ii) expected benefits;
33 based on the extent to which the proposed rule is more
34 stringent than the restrictions or requirements of federal law,
35 or on the creation of restrictions or requirements in a subject
36 area in which federal law does not impose restrictions or
37 requirements.
38 (5) For any element of the proposed rule that imposes a restriction
39 or requirement that is more stringent than a restriction or
40 requirement imposed under federal law or that applies in a subject
41 area in which federal law does not impose restrictions or
42 requirements, describe the availability for public inspection of all
ES 4—LS 6953/DI 92 18
1 materials relied upon by the department in the development of the
2 proposed rule, including, if applicable:
3 (A) health criteria;
4 (B) analytical methods;
5 (C) treatment technology;
6 (D) economic impact data;
7 (E) environmental assessment data;
8 (F) analyses of methods to effectively implement the proposed
9 rule; and
10 (G) other background data.
11 (b) If the notice provided by the department concerning a proposed
12 rule identifies an element of the proposed rule that imposes a restriction
13 or requirement more stringent than a restriction or requirement
14 imposed under federal law, the proposed rule shall not become
15 effective under this chapter until the adjournment sine die of the
16 regular session of the general assembly that begins after the department
17 provides the notice.
18 (c) Subsection (b) does not prohibit or restrict the commissioner, the
19 department, or the board from:
20 (1) adopting provisional rules under IC 4-22-2-37.1;
21 (2) taking emergency action under IC 13-14-10; or
22 (3) temporarily:
23 (A) altering ordinary operating policies or procedures; or
24 (B) implementing new policies or procedures;
25 in response to an emergency situation.
26 SECTION 19. IC 16-21-10-13.3, AS AMENDED BY P.L.201-2023,
27 SECTION 147, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2024]: Sec. 13.3. (a) This section is effective
29 beginning February 1, 2015. As used in this section, "plan" refers to the
30 healthy Indiana plan established in IC 12-15-44.5.
31 (b) Subject to subsections (c) through (e), the incremental fee under
32 this section may be used to fund the state share of the expenses
33 specified in this subsection if, after January 31, 2015, but before the
34 collection of the fee under this section, the following occur:
35 (1) The committee establishes a fee formula to be used to fund the
36 state share of the following expenses described in this
37 subdivision:
38 (A) The state share of the capitated payments made to a
39 managed care organization that contracts with the office to
40 provide health coverage under the plan to plan enrollees other
41 than plan enrollees who are eligible for the plan under Section
42 1931 of the federal Social Security Act.
ES 4—LS 6953/DI 92 19
1 (B) The state share of capitated payments described in clause
2 (A) for plan enrollees who are eligible for the plan under
3 Section 1931 of the federal Social Security Act that are limited
4 to the difference between:
5 (i) the capitation rates effective September 1, 2014,
6 developed using Medicaid reimbursement rates; and
7 (ii) the capitation rates applicable for the plan developed
8 using the plan's Medicare reimbursement rates described in
9 IC 12-15-44.5-5(a)(2).
10 (C) The state share of the state's contributions to plan enrollee
11 accounts.
12 (D) The state share of amounts used to pay premiums for a
13 premium assistance plan implemented under
14 IC 12-15-44.2-20.
15 (E) The state share of the costs of increasing reimbursement
16 rates for physician services provided to individuals enrolled in
17 Medicaid programs other than the plan, but not to exceed the
18 difference between the Medicaid fee schedule for a physician
19 service that was in effect before the implementation of the plan
20 and the amount equal to seventy-five percent (75%) of the
21 previous year federal Medicare reimbursement rate for a
22 physician service. The incremental fee may not be used for the
23 amount that exceeds seventy-five percent (75%) of the federal
24 Medicare reimbursement rate for a physician service.
25 (F) The state share of the state's administrative costs that, for
26 purposes of this clause, may not exceed one hundred seventy
27 dollars ($170) per person per plan enrollee per year, and
28 adjusted annually by the Consumer Price Index.
29 (G) The money described in IC 12-15-44.5-6(a) for the phase
30 out period of the plan.
31 (2) The committee approves a process to be used for reconciling:
32 (A) the state share of the costs of the plan;
33 (B) the amounts used to fund the state share of the costs of the
34 plan; and
35 (C) the amount of fees assessed for funding the state share of
36 the costs of the plan.
37 For purposes of this subdivision, "costs of the plan" includes the
38 costs of the expenses listed in subdivision (1)(A) through (1)(G).
39 (1)(F).
40 The fees collected under subdivision (1)(A) through (1)(F) shall be
41 deposited into the incremental hospital fee fund established by section
42 13.5 of this chapter. Fees described in subdivision (1)(G) shall be
ES 4—LS 6953/DI 92 20
1 deposited into the phase out trust fund described in IC 12-15-44.5-7.
2 The fees used for purposes of funding the state share of expenses listed
3 in subdivision (1)(A) through (1)(F) may not be used to fund expenses
4 incurred on or after the commencement of a phase out period of the
5 plan.
6 (c) For each state fiscal year for which the fee authorized by this
7 section is used to fund the state share of the expenses described in
8 subsection (b)(1), the amount of fees shall be reduced by:
9 (1) the amount of funds annually designated by the general
10 assembly to be deposited in the healthy Indiana plan trust fund
11 established by IC 12-15-44.2-17; less
12 (2) the annual cigarette tax funds annually appropriated by the
13 general assembly for childhood immunization programs under
14 IC 12-15-44.2-17(a)(3).
15 (d) The incremental fee described in this section may not:
16 (1) be assessed before July 1, 2016; and
17 (2) be assessed or collected on or after the beginning of a phase
18 out period of the plan.
19 (e) This section is not intended to and may not be construed to
20 change or affect any component of the programs established under
21 section 8 of this chapter.
22 SECTION 20. IC 25-1-5.3-1, AS ADDED BY P.L.249-2023,
23 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 1. The following definitions apply throughout this
25 chapter:
26 (1) "Agency" has the meaning set forth in IC 25-1-5-2.
27 (2) "Applicant" has the meaning set forth in IC 25-1-5-11.
28 (3) "Board" has the meaning set forth in IC 25-1-5-2.
29 (4) "Compliant", with respect to a licensure rule, means a
30 licensure rule that the agency or a board has adopted.
31 (5) "Enactment date" means the date on which a statute that
32 requires rulemaking for a licensure rule to become becomes
33 effective or otherwise requires rulemaking to commence.
34 (6) "Executive director" refers to the individual described in
35 IC 25-1-5-5.
36 (7) "Licensee" has the meaning set forth in IC 25-1-5-11.
37 (8) "Licensure rule" means a rule that:
38 (A) relates to the issuance of a license, certificate, registration,
39 or permit, or a requirement or prerequisite for obtaining a
40 license, or keeping a license in good standing; and
41 (B) is required by statute with an enactment date after January
42 1, 2023, to be adopted by the agency or a board.
ES 4—LS 6953/DI 92 21
1 (9) "Material detriment" means:
2 (A) an inability to obtain a license, certification, permit, or
3 other credential from the agency or a board;
4 (B) an inability to:
5 (i) practice;
6 (ii) perform a procedure; or
7 (iii) engage in a particular professional activity in Indiana or
8 another jurisdiction; or
9 (C) any other substantial burden to professional or business
10 interests.
11 (10) "Noncompliant", with respect to a licensure rule, means a
12 licensure rule that the agency or a board has not adopted as a
13 permanent rule under the procedures in IC 4-22-2-23 through
14 IC 4-22-2-36 or an interim rule under IC 4-22-2-37.2 within on
15 or before the later of the following:
16 (A) Six (6) months of from the enactment date.
17 (B) The date provided in a statute that requires
18 rulemaking for a licensure rule to become effective.
19 SECTION 21. IC 25-1-5.3-2, AS ADDED BY P.L.249-2023,
20 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 2. (a) If a licensee or applicant believes that the
22 agency or a board has failed to adopt a licensure rule within six (6)
23 months of the enactment date or by the date provided in a statute
24 that requires rulemaking for a licensure rule to become effective,
25 whichever is later, an applicant or licensee who has suffered a
26 material detriment as a result of a noncompliant licensure rule may
27 seek damages from the agency or board by bringing an action in a court
28 of competent jurisdiction.
29 (b) A court shall not certify a class in any matter seeking damages
30 under this section.
31 (c) In a matter seeking damages under this section, a court may
32 order the following:
33 (1) An injunction requiring adoption of a compliant interim
34 licensure rule not earlier than six (6) months from the date of the
35 order.
36 (2) Damages equal to the amount of the material detriment caused
37 by the noncompliant licensure rule, including prospective
38 damages through the date established under subdivision (1).
39 (3) Court costs and attorney's fees.
40 (d) IC 34-13-3 applies to an action brought under this section.
41 SECTION 22. An emergency is declared for this act.
ES 4—LS 6953/DI 92 22
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
ES 4—LS 6953/DI 92 23
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.
ES 4—LS 6953/DI 92 24
(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
ES 4—LS 6953/DI 92 25
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
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Senate Bill 4, has had the same under consideration and begs
leave to report the same back to the House with the recommendation
that said bill be amended as follows:
Page 2, delete lines 1 through 34.
Page 4, line 28, after "ASSEMBLY" insert ",".
Page 22, delete lines 33 through 42.
ES 4—LS 6953/DI 92 26
Page 23, delete lines 1 through 18.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 4 as reprinted January 23, 2024.)
THOMPSON
Committee Vote: yeas 20, nays 0.
ES 4—LS 6953/DI 92