LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7490 NOTE PREPARED: Feb 11, 2025
BILL NUMBER: HB 1457 BILL AMENDED: Feb 11, 2025
SUBJECT: Indiana Department of Health.
FIRST AUTHOR: Rep. Barrett BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) Administrative Law Proceedings: This bill specifies that provisions
of law governing the Office of Administrative Law Proceedings apply to the Indiana Department of Health
(IDOH) in matters concerning the involuntary transfer or discharge of a resident of a health facility.
Licensure and Compliance: This bill provides that in regulating the licensure of hospitals and ambulatory
outpatient surgical centers, the IDOH may use the most recent version of specified publications for purposes
of enforcement. It requires the IDOH to list the version of each publication being utilized by the IDOH on
its website. It requires the IDOH to, before utilizing a new version of a publication, publish a notice at least
180 days before the IDOH may take action using the new version.
Home Health Employment and Penalty Provision: This bill amends the list of crimes or acts that preclude
a home health aide, nurse aide, or other unlicensed employee from employment at a home health agency and
certain health care facilities. It amends the list of crimes that preclude a person from operating a home health
agency or personal services agency. It requires the IDOH to: (1) investigate any report that a nurse aide or
home health aide has been convicted of a certain crime; and (2) remove the individual from the state Nurse
Aide Registry. It makes it a Class A infraction for a person convicted of a certain crime to knowingly or
intentionally apply for a job as a home health aide or other unlicensed employee at a home health agency or
certain health care facilities.
WIC Program: For provisions concerning the Women, Infants, and Children Nutrition Program (WIC
program), this bill defines "WIC vendor agreement". It requires the IDOH to: (1) select WIC program
vendors based on selection criteria set forth in federal regulations; (2) review the selection criteria annually;
(3) include the selection criteria in the WIC state plan; and (4) publish the selection criteria on the IDOH
website.
Death Records: For purposes of submitting a death record of a stillborn, this bill requires the physician,
physician assistant, or advanced practice registered nurse (APRN) last in attendance to initiate the document
process unless the physician, physician assistant, or APRN was not present upon the deceased.
HB 1457 1 Fatality Review Teams and Committees: This bill includes reporting to Local Child Fatality Review teams,
the Statewide Child Fatality Review Committee, Local Fetal-infant Mortality Review teams, and Suicide and
Overdose Fatality Review teams for the release of mental health records without the consent of the patient.
It amends the membership of the Statewide Child Fatality Review Committee.
Auto-Injectable Epinephrine Courses: This bill requires the IDOH to: (1) approve courses concerning
auto-injectable epinephrine that meet criteria established by the IDOH (rather than courses offered by an
approved organization as defined in current law); and (2) publish the criteria on its website. It also removes
a provision allowing the IDOH to contract with a third party to create a certificate of completion for a course.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Indiana Department of Health (IDOH): The bill’s various requirements
will increase workload for the IDOH but should be able to be implemented using existing staffing and
resources. [The IDOH’s administrative expenditures are currently paid from the Tobacco Master Settlement
Fund, a dedicated fund.]
Administrative Law Proceedings: The bill will increase workload for the Office of Administrative Law
Proceedings for administrative law judges to preside over administrative appeals filed within the IDOH, but
this should be able to be implemented using existing staffing and resources.
Death Records: If a physician, physician assistant, or advanced practice registered nurse is found by the
appropriate board to be in violation of the bill's requirement regarding stillbirth death record filing, the board
may issue the following disciplinary actions: revoke or suspend a practitioner's license, assess a fine of up
to $1,000 for each violation, censure a practitioner, issue a letter of reprimand, or place a practitioner on
probation. It is likely this provision would have a minimal impact on the workload of affected boards.
Additional Information: The bill requires the IDOH to investigate any report that a home health aide or nurse
aide has been convicted of a crime, as prescribed in the bill, and if required, remove such aides from the State
Nurse Aide Registry.
The bill requires the IDOH to enter into a Women, Infants, and Children Nutrition Program (WIC program)
vendor agreement with each WIC program vendor, and include in the agreement a list of sanctions for failing
to comply with the agreement. Also, the IDOH must update, review annually, post on their website, and
include in the WIC State Plan, their criteria for selecting a WIC program vendor.
The bill requires the IDOH to establish the criteria for organizations to be eligible to offer a course
concerning allergies and the administration of auto-injectable epinephrine. [The bill also requires the course
provider to issue the required certificate of completion for individuals completing the course. Current law
requires the IDOH to contract with a third-party entity to issue the certificates.]
Explanation of State Revenues: Home Health Employment and Penalty Provision: The bill modifies the
criminal history criteria for when a person may legally operate a home health agency or a personal services
agency, which carries a penalty of a Class A misdemeanor for violations. It also creates a Class A infraction
for a person convicted of certain crimes to knowingly or intentionally apply for a job as a home health aide
or other unlicensed employee at a home health agency or at certain health care facilities.
The maximum fine for a Class A misdemeanor is $5,000 and the maximum judgment for a Class A infraction
HB 1457 2 is $10,000, which would be deposited in the state General Fund. The total court fee revenue per case would
range between $113 and $138 for a Class A misdemeanor and between $85.50 and $103 for a Class A
infraction. The amount of court fees deposited will vary depending on whether the case is filed in a court of
record or a municipal court. The following linked document describes the fees and distribution of the
revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Home Health Employment and Penalty Provision: A Class A
misdemeanor is punishable by up to one year in jail.
If a health care facility has knowledge of a conviction of an employee, as prescribed in the bill, the facility
must report the information to the State Nurse Aide Registry or the appropriate licensing authority. This is
within a health care facility’s routine administrative functions.
Explanation of Local Revenues: Home Health Employment and Penalty Provision: If additional court
actions occur and a judgement is entered, more revenue will be collected by certain local units. If the case
is filed in a court of record, the county will receive $47.40 and qualifying municipalities will receive a share
of $3.60 for a Class A misdemeanor, while a Class A infraction will result in the county receiving$33.90 and
qualifying municipalities receiving a share of $2.10. If the case is filed in a municipal court, for a Class A
misdemeanor the county receives $30 and the municipality receives $46, while for a Class A infraction the
county receives $20 and the municipality receives $33.50. The following linked document describes the fees
and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected: Indiana Department of Health; Office of Administrative Law Proceedings;
Professional Licensing Agency; Statewide Child Fatality Review Committee.
Local Agencies Affected: Locally-owned health facilities; Local Child Fatality Review teams; Local
Fetal-Infant Mortality Review teams; Suicide and Overdose Fatality Review teams; trial courts, local law
enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1457 3