IN
Indiana House Bill HB1352

Indiana 2025 Regular Session

Indiana House Bill HB1352 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1352
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 12-7-2; IC 12-21-10.
77 Synopsis: Mental health care for first responders. Establishes the
88 Indiana first responders mental health wellness fund and program (fund
99 and program). Provides that the division of mental health and addiction
1010 of the office of the secretary of family and social services (division)
1111 shall administer the fund and program. Provides that a first responder
1212 who meets certain requirements may apply to the division for: (1) costs
1313 associated with the first responder's active participation in a mental
1414 health treatment plan as determined by a psychologist or physician
1515 treating the first responder; and (2) compensation if the first responder
1616 is unable to work. Establishes requirements for obtaining
1717 compensation. Makes a continuous appropriation.
1818 Effective: July 1, 2025.
1919 Jackson C, Pressel, Harris
2020 January 13, 2025, read first time and referred to Committee on Veterans Affairs and Public
2121 Safety.
2222 2025 IN 1352—LS 6100/DI 116 Introduced
2323 First Regular Session of the 124th General Assembly (2025)
2424 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2525 Constitution) is being amended, the text of the existing provision will appear in this style type,
2626 additions will appear in this style type, and deletions will appear in this style type.
2727 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2828 provision adopted), the text of the new provision will appear in this style type. Also, the
2929 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3030 a new provision to the Indiana Code or the Indiana Constitution.
3131 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3232 between statutes enacted by the 2024 Regular Session of the General Assembly.
3333 HOUSE BILL No. 1352
3434 A BILL FOR AN ACT to amend the Indiana Code concerning
3535 human services and to make an appropriation.
3636 Be it enacted by the General Assembly of the State of Indiana:
3737 1 SECTION 1. IC 12-7-2-51.3 IS ADDED TO THE INDIANA CODE
3838 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3939 3 1, 2025]: Sec. 51.3. "Critical incident", for purposes of IC 12-21-10,
4040 4 has the meaning set forth in IC 12-21-10-1.
4141 5 SECTION 2. IC 12-7-2-73.8 IS ADDED TO THE INDIANA CODE
4242 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4343 7 1, 2025]: Sec. 73.8. "DSM", for purposes of IC 12-21-10, has the
4444 8 meaning set forth in IC 12-21-10-2.
4545 9 SECTION 3. IC 12-7-2-91, AS AMENDED BY P.L.152-2024,
4646 10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4747 11 JULY 1, 2025]: Sec. 91. "Fund" means the following:
4848 12 (1) For purposes of IC 12-12-1-9, the fund described in
4949 13 IC 12-12-1-9.
5050 14 (2) For purposes of IC 12-15-20, the meaning set forth in
5151 15 IC 12-15-20-1.
5252 16 (3) For purposes of IC 12-17-12, the meaning set forth in
5353 17 IC 12-17-12-4.
5454 2025 IN 1352—LS 6100/DI 116 2
5555 1 (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
5656 2 IC 12-17.2-7.2-4.7.
5757 3 (5) For purposes of IC 12-17.6, the meaning set forth in
5858 4 IC 12-17.6-1-3.
5959 5 (6) For purposes of IC 12-21-9, the meaning set forth in
6060 6 IC 12-21-9-1.
6161 7 (7) For purposes of IC 12-21-10, the meaning set forth in
6262 8 IC 12-21-10-3.
6363 9 (7) (8) For purposes of IC 12-23-2, the meaning set forth in
6464 10 IC 12-23-2-1.
6565 11 (8) (9) For purposes of IC 12-23-18, the meaning set forth in
6666 12 IC 12-23-18-4.
6767 13 (9) (10) For purposes of IC 12-24-6, the meaning set forth in
6868 14 IC 12-24-6-1.
6969 15 (10) (11) For purposes of IC 12-24-14, the meaning set forth in
7070 16 IC 12-24-14-1.
7171 17 (11) (12) For purposes of IC 12-30-7, the meaning set forth in
7272 18 IC 12-30-7-3.
7373 19 SECTION 4. IC 12-7-2-115.5 IS ADDED TO THE INDIANA
7474 20 CODE AS A NEW SECTION TO READ AS FOLLOWS
7575 21 [EFFECTIVE JULY 1, 2025]: Sec. 115.5. "Indiana first responder",
7676 22 for purposes of IC 12-21-10, has the meaning set forth in
7777 23 IC 12-21-10-4.
7878 24 SECTION 5. IC 12-7-2-146, AS AMENDED BY P.L.146-2023,
7979 25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8080 26 JULY 1, 2025]: Sec. 146. "Program" refers to the following:
8181 27 (1) For purposes of IC 12-10-5.7, the meaning set forth in
8282 28 IC 12-10-5.7-2.
8383 29 (2) For purposes of IC 12-10-7, the adult guardianship services
8484 30 program established by IC 12-10-7-5.
8585 31 (3) For purposes of IC 12-10-10, the meaning set forth in
8686 32 IC 12-10-10-5.
8787 33 (4) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
8888 34 IC 12-17.2-2-14.2(a).
8989 35 (5) For purposes of IC 12-17.6, the meaning set forth in
9090 36 IC 12-17.6-1-5.
9191 37 (6) For purposes of IC 12-21-10, the meaning set forth in
9292 38 IC 12-21-10-5.
9393 39 SECTION 6. IC 12-7-2-151.5 IS ADDED TO THE INDIANA
9494 40 CODE AS A NEW SECTION TO READ AS FOLLOWS
9595 41 [EFFECTIVE JULY 1, 2025]: Sec. 151.5. "PTSD", for purposes of
9696 42 IC 12-21-10, has the meaning set forth in IC 12-21-10-6.
9797 2025 IN 1352—LS 6100/DI 116 3
9898 1 SECTION 7. IC 12-7-2-154.5 IS ADDED TO THE INDIANA
9999 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
100100 3 [EFFECTIVE JULY 1, 2025]: Sec. 154.5. "Qualified critical
101101 4 incident", for purposes of IC 12-21-10, has the meaning set forth
102102 5 in IC 12-21-10-7.
103103 6 SECTION 8. IC 12-21-10 IS ADDED TO THE INDIANA CODE
104104 7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
105105 8 JULY 1, 2025]:
106106 9 Chapter 10. Indiana First Responders Mental Health Wellness
107107 10 Fund and Program
108108 11 Sec. 1. As used in this chapter, "critical incident" means an
109109 12 actual or perceived event or situation that involves crisis, disaster,
110110 13 trauma, or emergency.
111111 14 Sec. 2. As used in this chapter, "DSM" refers to the most recent
112112 15 edition of the American Psychiatric Association's Diagnostic and
113113 16 Statistical Manual of Mental Disorders.
114114 17 Sec. 3. As used in this chapter, "fund" refers to the Indiana first
115115 18 responders mental health wellness fund established by section 8 of
116116 19 this chapter.
117117 20 Sec. 4. As used in this chapter, "Indiana first responder" refers
118118 21 to any of the individuals designated under IC 10-10.5-2-1.
119119 22 Sec. 5. As used in this chapter, "program" refers to the Indiana
120120 23 first responders mental health wellness program established by
121121 24 section 9 of this chapter.
122122 25 Sec. 6. As used in this chapter, "PTSD" refers to posttraumatic
123123 26 stress disorder.
124124 27 Sec. 7. As used in this chapter, "qualified critical incident"
125125 28 means a critical incident that results in an Indiana first responder
126126 29 being diagnosed with PTSD. The events may include:
127127 30 (1) a shooting involving the Indiana first responder;
128128 31 (2) a vehicle crash resulting in serious injury or death to an
129129 32 Indiana first responder or citizen;
130130 33 (3) the Indiana first responder being the victim of a felonious
131131 34 assault;
132132 35 (4) the death of the Indiana first responder's colleague or
133133 36 partner;
134134 37 (5) the death of, or serious injury to, a person in the custody
135135 38 or care of the Indiana first responder;
136136 39 (6) the severe injury to, or death of, a child, particularly if the
137137 40 Indiana first responder has a child of or near the same age as
138138 41 the injured or deceased child; or
139139 42 (7) an incident involving multiple deaths or injuries in a short
140140 2025 IN 1352—LS 6100/DI 116 4
141141 1 period of time.
142142 2 Sec. 8. (a) The Indiana first responders mental health wellness
143143 3 fund is established for the purpose of providing benefits payments
144144 4 to Indiana first responders who are eligible to participate in the
145145 5 program. The fund shall be administered by the division.
146146 6 (b) The fund consists of appropriations from the general
147147 7 assembly.
148148 8 (c) The expenses of administering the fund shall be paid from
149149 9 money in the fund.
150150 10 (d) The treasurer of state shall invest the money in the fund not
151151 11 currently needed to meet the obligations of the fund in the same
152152 12 manner as other public money may be invested. Interest that
153153 13 accrues from these investments shall be deposited in the fund.
154154 14 (e) Money in the fund at the end of a state fiscal year does not
155155 15 revert to the state general fund.
156156 16 (f) Money in the fund is continuously appropriated for the
157157 17 purpose of funding the program.
158158 18 Sec. 9. (a) The Indiana first responders mental health wellness
159159 19 program is established to provide benefits to Indiana first
160160 20 responders who are residents of Indiana and who have been
161161 21 diagnosed with PTSD directly related to a qualified critical
162162 22 incident. The program shall be administered by the division.
163163 23 (b) In order for an Indiana first responder to qualify for
164164 24 benefits under the program, the Indiana first responder must:
165165 25 (1) be an Indiana resident;
166166 26 (2) be employed as a first responder in Indiana;
167167 27 (3) have been involved in a qualified critical incident in the
168168 28 line of duty;
169169 29 (4) be diagnosed with PTSD by a psychologist or physician
170170 30 treating the Indiana first responder:
171171 31 (A) not later than two (2) years after the date of the
172172 32 qualified critical incident described in subdivision (3); and
173173 33 (B) based on the diagnostic criteria identified in the DSM;
174174 34 and
175175 35 (5) not currently be eligible to receive:
176176 36 (A) worker's compensation under IC 22-3;
177177 37 (B) insurance coverage to treat the PTSD provided by the
178178 38 Indiana first responder's employer; or
179179 39 (C) disability benefits under:
180180 40 (i) the 1977 police officers' and firefighters' pension and
181181 41 disability fund under IC 36-8-8;
182182 42 (ii) a sheriff's pension trust under IC 36-8-10-12;
183183 2025 IN 1352—LS 6100/DI 116 5
184184 1 (iii) the state police pre-1987 benefit system under
185185 2 IC 10-12-3 or the state police 1987 benefit system under
186186 3 IC 10-12-4;
187187 4 (iv) the state excise police, gaming agent, gaming control
188188 5 officer, and conservation enforcement officers'
189189 6 retirement plan under IC 5-10-5.5; or
190190 7 (v) the public employees' retirement fund under
191191 8 IC 5-10.3.
192192 9 (c) An Indiana first responder who meets the requirements
193193 10 described in subsection (b) may apply to the division in a manner
194194 11 prescribed by the division for the following:
195195 12 (1) Costs associated with the Indiana first responder's active
196196 13 participation in a mental health treatment plan as determined
197197 14 by the Indiana first responder's treating psychologist or
198198 15 physician.
199199 16 (2) Subject to subsection (d), if an Indiana first responder's
200200 17 treating psychologist or physician determines that the Indiana
201201 18 first responder is unable to work as a result of the Indiana
202202 19 first responder's PTSD, a weekly compensation equal to
203203 20 sixty-six and two-thirds percent (66 2/3%) of the Indiana first
204204 21 responder's average weekly wages (as defined in IC 22-3-3-22)
205205 22 for a period not to exceed ten (10) days.
206206 23 (d) If an Indiana first responder's treating psychologist or
207207 24 physician determines that the Indiana first responder is unable to
208208 25 work for a period not to exceed thirty (30) weeks in addition to the
209209 26 period described in subsection (c)(2), the Indiana first responder
210210 27 may apply to the division, in a manner prescribed by the division,
211211 28 for review of the Indiana first responder's application by a mental
212212 29 health review panel established by subsection (e).
213213 30 (e) The division shall establish a mental health review panel
214214 31 consisting of:
215215 32 (1) one (1) psychologist licensed under IC 25-33-1-5.1;
216216 33 (2) one (1) psychiatrist licensed as a physician under
217217 34 IC 25-22.5; and
218218 35 (3) one (1) medical doctor licensed as a physician under
219219 36 IC 25-22.5.
220220 37 The review panel shall review applications submitted under
221221 38 subsection (d) to determine whether an Indiana first responder
222222 39 who meets the qualifications described in subsection (b) is unable
223223 40 to return to work and to determine whether the Indiana first
224224 41 responder may receive a weekly compensation equal to sixty-six
225225 42 and two-thirds percent (66 2/3%) of the Indiana first responder's
226226 2025 IN 1352—LS 6100/DI 116 6
227227 1 average weekly wages (as defined in IC 22-3-3-22) for a period not
228228 2 to exceed thirty (30) weeks in addition to the period described in
229229 3 subsection (c)(2).
230230 4 Sec. 10. If an Indiana first responder receives compensation
231231 5 under section 9(c)(2) or 9(e) of this chapter, the compensation
232232 6 terminates if the Indiana first responder subsequently receives
233233 7 benefits described in section 9(b)(5) of this chapter or obtains
234234 8 employment with a different employer.
235235 9 Sec. 11. An Indiana first responder may take unpaid leave for
236236 10 the period the Indiana first responder is unable to work and
237237 11 receives compensation under section 9(c)(2) or 9(e) of this chapter.
238238 12 The employer of an Indiana first responder may not retaliate
239239 13 against an Indiana first responder who requests or obtains the
240240 14 qualified critical incident benefits described in section 9 of this
241241 15 chapter.
242242 16 Sec. 12. The division shall adopt rules under IC 4-22-2 necessary
243243 17 to administer this chapter.
244244 2025 IN 1352—LS 6100/DI 116