LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6712 NOTE PREPARED: Dec 26, 2024
BILL NUMBER: HB 1384 BILL AMENDED:
SUBJECT: Public Defender Benefits.
FIRST AUTHOR: Rep. Bascom BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: The bill allows an attorney who: (1) performs court appointed legal services on
a full-time or full-time equivalent basis; and (2) is not employed by the state or a local unit; to join the State
Employee Health Plan (SEHP). The bill also establishes eligibility, enrollment, and coverage requirements.
It provides that the cost of coverage shall be shared between the Indiana Commission on Court Appointed
Attorneys (CCAA) and the eligible attorney. It makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Indiana Commission on Court Appointed Attorneys (CCAA): The bill
increases expenditures at the CCAA to share the costs of newly eligible attorneys covered by the State
Employee Health Plan (SEHP). The costs of coverage are to be divided between the participating attorney
and the CCAA. In 2024, the employer paid portion of benefits for members of the SEHP ranged from $7,125
for single coverage on the CDHP 1, to $23,433 for a family traditional plan.
Data from the Indiana Public Defender Council indicates that approximately 427 current public defenders
may be working on contract on a full-time equivalent basis and could be potentially eligible for coverage
under this bill. If all 427 were deemed eligible by CCAA for SEHP coverage and all enrolled in single
coverage CDHP1, CCAA expenditures could increase by an estimated $3.04 M per year; however, the actual
impact of this bill would depend on the number of eligible attorneys certified by CCAA, enrollee utilization
and the chosen health care plan. The bill would also impact workload at the CCAA to establish when an
attorney performs court appointed legal services on a full-time or equivalent basis, and to certify these
individuals with SPD.
State Personnel Department (SPD and the SEHP: The bill would increase workload for the SPD to adopt
rules and allow for two periods of open enrollment for attorneys as prescribed by the bill. Any change or
increase in SEHP costs or premiums due to increased enrollees, may be mitigated with adjustments to other
benefits or to employee compensation packages.
Additional Information: The Public Defender Commission’s annual appropriation during the FY 2023-2025
HB 1384 1 biennium was $34.1 M from the state General Fund, and $7.4 M was annually dedicated from court fees to
the Public Defense Fund.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: State Personnel Department; Indiana Commission on Court Appointed Attorneys.
Local Agencies Affected:
Information Sources: Indiana Public Defender Council, State Budget Agency, IC 33-40-6.
Fiscal Analyst: Allison Leeuw, 317-234-9465; Corrin Harvey, 317-234-9438.
HB 1384 2