1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 522 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-10-8; IC 5-16-16; IC 11-8; IC 11-10-3.5; |
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7 | 7 | | IC 11-12-4-1; IC 12-15-5; IC 16-18-2; IC 16-35-12; IC 16-41-17.5; |
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8 | 8 | | IC 27-8; IC 27-13-7. |
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9 | 9 | | Synopsis: Maternal health matters. Prohibits step therapy protocol for |
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10 | 10 | | prescription drugs prescribed for the treatment of postpartum mental |
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11 | 11 | | health conditions. Requires a state employee health plan, a policy of |
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12 | 12 | | accident and sickness insurance, and a health maintenance organization |
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13 | 13 | | contract to provide coverage for: (1) postpartum mental health |
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14 | 14 | | conditions; (2) a tubal ligation procedure; and (3) a vasectomy |
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15 | 15 | | procedure; for certain individuals. Establishes a grant program to |
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16 | 16 | | promote the installation of lactation rooms in public buildings. |
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17 | 17 | | Requires the Indiana housing and community development authority |
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18 | 18 | | (IHCDA) to administer the grant program. Authorizes public agencies |
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19 | 19 | | to apply for grants. Establishes the Officer Breann Leath Memorial |
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20 | 20 | | Prison Nursery (nursery) within a correctional facility determined by |
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21 | 21 | | the commissioner of the department of correction (DOC). Specifies the |
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22 | 22 | | criteria for operation, design, and implementation of the nursery and |
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23 | 23 | | minimum standards that govern the nursery. Requires the DOC to |
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24 | 24 | | provide an annual report to the legislative council concerning the |
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25 | 25 | | nursery. Amends the statute requiring the DOC to adopt rules |
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26 | 26 | | governing minimum standards for county jails to include the provision |
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27 | 27 | | of menstrual discharge collection devices to inmates. Establishes the |
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28 | 28 | | incarcerated women's maternal health fund to provide funds to support |
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29 | 29 | | the nursery. Provides for Medicaid reimbursement for certified medical |
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30 | 30 | | interpretation services for Medicaid recipients who have limited |
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31 | 31 | | English proficiency when receiving Medicaid covered services from a |
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32 | 32 | | Medicaid provider. Requires Medicaid pregnancy services to include |
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33 | 33 | | reimbursement for doula services. Establishes the telephone assistance |
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34 | 34 | | line for mothers program for the purpose of providing a telephone |
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35 | 35 | | (Continued next page) |
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36 | 36 | | Effective: July 1, 2025. |
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37 | 37 | | Hunley, Yoder, Jackson L |
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38 | 38 | | January 16, 2025, read first time and referred to Committee on Health and Provider |
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39 | 39 | | Services. |
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40 | 40 | | 2025 IN 522—LS 7371/DI 104 Digest Continued |
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41 | 41 | | assistance line for mothers who are experiencing behavioral health |
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42 | 42 | | issues to connect with health care practitioners to obtain behavioral |
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43 | 43 | | health resources. Establishes the stillbirth prevention through fetal |
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44 | 44 | | movement pilot program (program) for the purpose of providing |
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45 | 45 | | evidence based information on the importance of tracking fetal |
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46 | 46 | | movement in the third trimester of pregnancy to prevent stillbirths, to |
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47 | 47 | | be administered by the Indiana department of health (state department). |
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48 | 48 | | Allows the state department to award grants to increase education and |
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49 | 49 | | the distribution of materials on tracking fetal movement in the third |
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50 | 50 | | trimester of pregnancy. Requires grantees to report specified |
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51 | 51 | | information on a quarterly and annual basis. Creates a fund and |
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52 | 52 | | appropriates $250,000 for the program. Expires the program on |
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53 | 53 | | December 31, 2027. Appropriates $5,000,000 to the IHCDA for |
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54 | 54 | | deposit in the lactation room grant fund. Makes a continuing |
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55 | 55 | | appropriation. |
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56 | 56 | | 2025 IN 522—LS 7371/DI 1042025 IN 522—LS 7371/DI 104 Introduced |
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57 | 57 | | First Regular Session of the 124th General Assembly (2025) |
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58 | 58 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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59 | 59 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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60 | 60 | | additions will appear in this style type, and deletions will appear in this style type. |
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61 | 61 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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62 | 62 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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63 | 63 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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64 | 64 | | a new provision to the Indiana Code or the Indiana Constitution. |
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65 | 65 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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66 | 66 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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67 | 67 | | SENATE BILL No. 522 |
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68 | 68 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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69 | 69 | | health and to make an appropriation. |
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70 | 70 | | Be it enacted by the General Assembly of the State of Indiana: |
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71 | 71 | | 1 SECTION 1. IC 5-10-8-17, AS AMENDED BY THE TECHNICAL |
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72 | 72 | | 2 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS |
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73 | 73 | | 3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: |
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74 | 74 | | 4 Sec. 17. (a) As used in this section, "covered individual" means an |
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75 | 75 | | 5 individual entitled to coverage under a state employee health plan. |
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76 | 76 | | 6 (b) As used in this section, "preceding prescription drug" means a |
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77 | 77 | | 7 prescription drug that, according to a step therapy protocol, must be: |
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78 | 78 | | 8 (1) first used to treat a covered individual's condition; and |
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79 | 79 | | 9 (2) as a result of the treatment under subdivision (1), determined |
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80 | 80 | | 10 to be inappropriate to treat the covered individual's condition; |
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81 | 81 | | 11 as a condition of coverage under a state employee health plan for |
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82 | 82 | | 12 succeeding treatment with another prescription drug. |
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83 | 83 | | 13 (c) As used in this section, "protocol exception" means a |
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84 | 84 | | 14 determination by a state employee health plan that, based on a review |
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85 | 85 | | 15 of a request for the determination and any supporting documentation: |
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86 | 86 | | 2025 IN 522—LS 7371/DI 104 2 |
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87 | 87 | | 1 (1) a step therapy protocol is not medically appropriate for |
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88 | 88 | | 2 treatment of a particular covered individual's condition; and |
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89 | 89 | | 3 (2) the state employee health plan will: |
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90 | 90 | | 4 (A) not require the covered individual's use of a preceding |
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91 | 91 | | 5 prescription drug under the step therapy protocol; and |
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92 | 92 | | 6 (B) provide immediate coverage for another prescription drug |
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93 | 93 | | 7 that is prescribed for the covered individual. |
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94 | 94 | | 8 (d) As used in this section, "state employee health plan" refers to the |
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95 | 95 | | 9 following that provide coverage for prescription drugs: |
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96 | 96 | | 10 (1) A self-insurance program established under section 7(b) of |
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97 | 97 | | 11 this chapter. |
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98 | 98 | | 12 (2) A contract with a prepaid health care delivery plan that is |
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99 | 99 | | 13 entered into or renewed under section 7(c) of this chapter. |
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100 | 100 | | 14 The term includes a person that administers prescription drug benefits |
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101 | 101 | | 15 on behalf of a state employee health plan. |
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102 | 102 | | 16 (e) As used in this section, "step therapy protocol" means a protocol |
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103 | 103 | | 17 that specifies, as a condition of coverage under a state employee health |
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104 | 104 | | 18 plan, the order in which certain prescription drugs must be used to treat |
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105 | 105 | | 19 a covered individual's condition. |
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106 | 106 | | 20 (f) As used in this section, "urgent care situation" means a covered |
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107 | 107 | | 21 individual's injury or condition about which the following apply: |
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108 | 108 | | 22 (1) If medical care or treatment is not provided earlier than the |
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109 | 109 | | 23 time frame generally considered by the medical profession to be |
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110 | 110 | | 24 reasonable for a nonurgent situation, the injury or condition could |
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111 | 111 | | 25 seriously jeopardize the covered individual's: |
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112 | 112 | | 26 (A) life or health; or |
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113 | 113 | | 27 (B) ability to regain maximum function; |
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114 | 114 | | 28 based on a prudent layperson's judgment. |
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115 | 115 | | 29 (2) If medical care or treatment is not provided earlier than the |
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116 | 116 | | 30 time frame generally considered by the medical profession to be |
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117 | 117 | | 31 reasonable for a nonurgent situation, the injury or condition could |
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118 | 118 | | 32 subject the covered individual to severe pain that cannot be |
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119 | 119 | | 33 adequately managed, based on the covered individual's treating |
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120 | 120 | | 34 health care provider's judgment. |
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121 | 121 | | 35 (g) A state employee health plan shall publish on the state employee |
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122 | 122 | | 36 health plan's Internet web site, website, and provide to a covered |
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123 | 123 | | 37 individual in writing, a procedure for the covered individual's use in |
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124 | 124 | | 38 requesting a protocol exception. The procedure must include the |
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125 | 125 | | 39 following provisions: |
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126 | 126 | | 40 (1) A description of the manner in which a covered individual |
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127 | 127 | | 41 may request a protocol exception. |
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128 | 128 | | 42 (2) That the state employee health plan shall make a |
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129 | 129 | | 2025 IN 522—LS 7371/DI 104 3 |
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130 | 130 | | 1 determination concerning a protocol exception request, or an |
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131 | 131 | | 2 appeal of a denial of a protocol exception request, not more than: |
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132 | 132 | | 3 (A) in an urgent care situation, one (1) business day after |
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133 | 133 | | 4 receiving the request or appeal; or |
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134 | 134 | | 5 (B) in a nonurgent care situation, three (3) business days after |
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135 | 135 | | 6 receiving the request or appeal. |
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136 | 136 | | 7 (3) That a protocol exception will be granted if any of the |
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137 | 137 | | 8 following apply: |
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138 | 138 | | 9 (A) A preceding prescription drug is contraindicated or will |
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139 | 139 | | 10 likely cause an adverse reaction or physical or mental harm to |
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140 | 140 | | 11 the covered individual. |
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141 | 141 | | 12 (B) A preceding prescription drug is expected to be |
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142 | 142 | | 13 ineffective, based on both of the following: |
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143 | 143 | | 14 (i) The known clinical characteristics of the covered |
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144 | 144 | | 15 individual. |
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145 | 145 | | 16 (ii) Known characteristics of the preceding prescription |
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146 | 146 | | 17 drug, as found in sound clinical evidence. |
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147 | 147 | | 18 (C) The covered individual has previously received: |
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148 | 148 | | 19 (i) a preceding prescription drug; or |
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149 | 149 | | 20 (ii) another prescription drug that is in the same |
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150 | 150 | | 21 pharmacologic class or has the same mechanism of action as |
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151 | 151 | | 22 a preceding prescription drug; |
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152 | 152 | | 23 and the prescription drug was discontinued due to lack of |
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153 | 153 | | 24 efficacy or effectiveness, diminished effect, or an adverse |
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154 | 154 | | 25 event. |
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155 | 155 | | 26 (D) Based on clinical appropriateness, a preceding |
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156 | 156 | | 27 prescription drug is not in the best interest of the covered |
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157 | 157 | | 28 individual because the covered individual's use of the |
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158 | 158 | | 29 preceding prescription drug is expected to: |
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159 | 159 | | 30 (i) cause a significant barrier to the covered individual's |
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160 | 160 | | 31 adherence to or compliance with the covered individual's |
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161 | 161 | | 32 plan of care; |
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162 | 162 | | 33 (ii) worsen a comorbid condition of the covered individual; |
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163 | 163 | | 34 or |
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164 | 164 | | 35 (iii) decrease the covered individual's ability to achieve or |
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165 | 165 | | 36 maintain reasonable functional ability in performing daily |
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166 | 166 | | 37 activities. |
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167 | 167 | | 38 (4) That when a protocol exception is granted, the state employee |
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168 | 168 | | 39 health plan shall notify the covered individual and the covered |
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169 | 169 | | 40 individual's health care provider of the authorization for coverage |
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170 | 170 | | 41 of the prescription drug that is the subject of the protocol |
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171 | 171 | | 42 exception. |
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172 | 172 | | 2025 IN 522—LS 7371/DI 104 4 |
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173 | 173 | | 1 (5) That if: |
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174 | 174 | | 2 (A) a protocol exception request; or |
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175 | 175 | | 3 (B) an appeal of a denied protocol exception request; |
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176 | 176 | | 4 results in a denial of the protocol exception, the state employee |
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177 | 177 | | 5 health plan shall provide to the covered individual and the |
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178 | 178 | | 6 treating health care provider notice of the denial, including a |
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179 | 179 | | 7 detailed, written explanation of the reason for the denial and the |
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180 | 180 | | 8 clinical rationale that supports the denial. |
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181 | 181 | | 9 (6) That the state employee health plan may request a copy of |
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182 | 182 | | 10 relevant documentation from the covered individual's medical |
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183 | 183 | | 11 record in support of a protocol exception. |
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184 | 184 | | 12 (h) A state employee health plan may not require step therapy |
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185 | 185 | | 13 protocol for a prescription drug that is prescribed for the |
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186 | 186 | | 14 treatment of a postpartum mental health condition (as defined in |
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187 | 187 | | 15 section 27 of this chapter). |
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188 | 188 | | 16 SECTION 2. IC 5-10-8-27 IS ADDED TO THE INDIANA CODE |
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189 | 189 | | 17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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190 | 190 | | 18 1, 2025]: Sec. 27. (a) This section applies to a state employee health |
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191 | 191 | | 19 plan that is established, entered into, amended, or renewed after |
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192 | 192 | | 20 June 30, 2025. |
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193 | 193 | | 21 (b) As used in this section, "covered individual" means an |
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194 | 194 | | 22 individual entitled to coverage under a state employee health plan. |
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195 | 195 | | 23 (c) As used in this section, "postpartum mental health |
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196 | 196 | | 24 condition" means a mental health condition that occurs: |
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197 | 197 | | 25 (1) during pregnancy or after childbirth; and |
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198 | 198 | | 26 (2) as a result of pregnancy or childbirth. |
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199 | 199 | | 27 The term includes postpartum depression. |
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200 | 200 | | 28 (d) As used in this section, "state employee health plan" means |
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201 | 201 | | 29 the following: |
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202 | 202 | | 30 (1) A self-insurance program established under section 7(b) of |
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203 | 203 | | 31 this chapter. |
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204 | 204 | | 32 (2) A contract for prepaid health care services entered into |
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205 | 205 | | 33 under section 7(c) of this chapter. |
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206 | 206 | | 34 (e) A state employee health plan must provide coverage for: |
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207 | 207 | | 35 (1) a postpartum mental health condition screening for a |
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208 | 208 | | 36 covered individual; and |
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209 | 209 | | 37 (2) postpartum mental health condition treatment for a |
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210 | 210 | | 38 covered individual, which includes prescription drugs used to |
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211 | 211 | | 39 treat a postpartum mental health condition. |
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212 | 212 | | 40 SECTION 3. IC 5-10-8-28 IS ADDED TO THE INDIANA CODE |
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213 | 213 | | 41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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214 | 214 | | 42 1, 2025]: Sec. 28. (a) This section applies to a state employee health |
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215 | 215 | | 2025 IN 522—LS 7371/DI 104 5 |
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216 | 216 | | 1 plan that is established, entered into, amended, or renewed after |
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217 | 217 | | 2 June 30, 2025. |
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218 | 218 | | 3 (b) As used in this section, "covered individual" means an |
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219 | 219 | | 4 individual entitled to coverage under a state employee health plan. |
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220 | 220 | | 5 (c) As used in this section, "state employee health plan" means |
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221 | 221 | | 6 the following: |
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222 | 222 | | 7 (1) A self-insurance program established under section 7(b) of |
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223 | 223 | | 8 this chapter. |
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224 | 224 | | 9 (2) A contract for prepaid health care services entered into |
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225 | 225 | | 10 under section 7(c) of this chapter. |
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226 | 226 | | 11 (d) As used in this section, "tubal ligation procedure" means a |
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227 | 227 | | 12 surgical procedure that involves severing and tying the fallopian |
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228 | 228 | | 13 tubes. |
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229 | 229 | | 14 (e) As used in this section, "vasectomy procedure" means a |
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230 | 230 | | 15 surgical procedure that involves cutting and sealing part of each |
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231 | 231 | | 16 vas deferens. |
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232 | 232 | | 17 (f) A state employee health plan shall provide coverage for a |
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233 | 233 | | 18 tubal ligation procedure for a covered individual. |
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234 | 234 | | 19 (g) A state employee health plan shall provide coverage for a |
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235 | 235 | | 20 vasectomy procedure for a covered individual. |
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236 | 236 | | 21 SECTION 4. IC 5-16-16 IS ADDED TO THE INDIANA CODE AS |
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237 | 237 | | 22 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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238 | 238 | | 23 1, 2025]: |
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239 | 239 | | 24 Chapter 16. Grant Program for the Installation of Lactation |
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240 | 240 | | 25 Rooms in Public Buildings |
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241 | 241 | | 26 Sec. 1. This chapter applies to a public agency. |
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242 | 242 | | 27 Sec. 2. As used in this chapter, "authority" refers to the Indiana |
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243 | 243 | | 28 housing and community development authority created by |
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244 | 244 | | 29 IC 5-20-1-3. |
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245 | 245 | | 30 Sec. 3. As used in this chapter, "fund" refers to the lactation |
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246 | 246 | | 31 room grant fund established by section 10 of this chapter. |
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247 | 247 | | 32 Sec. 4. As used in this chapter, "grant program" refers to the |
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248 | 248 | | 33 grant program for the installation of lactation rooms established |
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249 | 249 | | 34 by section 7 of this chapter. |
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250 | 250 | | 35 Sec. 5. As used in this chapter, "lactation room" means a room |
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251 | 251 | | 36 designated and equipped for the purpose of allowing mothers to |
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252 | 252 | | 37 nurse or express breast milk in a clean and private setting within |
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253 | 253 | | 38 a public building. |
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254 | 254 | | 39 Sec. 6. As used in this chapter, "public agency" has the meaning |
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255 | 255 | | 40 set forth in IC 5-30-1-11. |
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256 | 256 | | 41 Sec. 7. The grant program for the installation of lactation rooms |
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257 | 257 | | 42 is established to provide grants to public agencies to offset costs |
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258 | 258 | | 2025 IN 522—LS 7371/DI 104 6 |
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259 | 259 | | 1 incurred in the installation of lactation rooms when constructing |
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260 | 260 | | 2 or renovating public buildings. |
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261 | 261 | | 3 Sec. 8. (a) The authority shall administer the grant program. |
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262 | 262 | | 4 The authority shall do the following: |
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263 | 263 | | 5 (1) Adopt guidelines to determine standards for awarding |
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264 | 264 | | 6 grants under this chapter, including standards for |
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265 | 265 | | 7 determining whether a lactation room complies with section |
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266 | 266 | | 8 9 of this chapter and any other applicable governmental or |
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267 | 267 | | 9 other nationally recognized standards that apply to the |
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268 | 268 | | 10 provision of lactation rooms in public buildings. |
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269 | 269 | | 11 (2) Prepare and supervise the issuance of public information |
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270 | 270 | | 12 concerning the grant program. |
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271 | 271 | | 13 (3) Prescribe the form for and regulate the submission of |
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272 | 272 | | 14 applications for grants under this chapter. |
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273 | 273 | | 15 (b) A public agency may apply in the manner prescribed by the |
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274 | 274 | | 16 authority for a grant under this chapter to offset costs incurred in |
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275 | 275 | | 17 the installation of a lactation room in a public building managed by |
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276 | 276 | | 18 the public agency. |
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277 | 277 | | 19 Sec. 9. A lactation room installed by a public agency that |
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278 | 278 | | 20 receives a grant under this chapter must meet the following |
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279 | 279 | | 21 standards: |
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280 | 280 | | 22 (1) The space must be shielded from view and free from |
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281 | 281 | | 23 intrusion of others. |
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282 | 282 | | 24 (2) The room must be functional, with a private space with a |
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283 | 283 | | 25 place to sit and a flat surface, other than the floor, on which |
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284 | 284 | | 26 to place a breast pump and other supplies. |
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285 | 285 | | 27 (3) The room must provide the following: |
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286 | 286 | | 28 (A) Access to electricity for the use of a breast pump. |
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287 | 287 | | 29 (B) Good lighting. |
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288 | 288 | | 30 (C) A comfortable temperature. |
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289 | 289 | | 31 (D) Proper ventilation. |
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290 | 290 | | 32 Sec. 10. (a) The lactation room grant fund is established to |
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291 | 291 | | 33 provide grants under this chapter. The authority shall administer |
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292 | 292 | | 34 the fund. |
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293 | 293 | | 35 (b) The fund consists of: |
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294 | 294 | | 36 (1) money appropriated to the fund by the general assembly; |
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295 | 295 | | 37 (2) money received from state or federal grants or programs |
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296 | 296 | | 38 for the purposes of this chapter; and |
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297 | 297 | | 39 (3) donations, gifts, and money received from any other |
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298 | 298 | | 40 source, including transfers from other funds or accounts. |
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299 | 299 | | 41 (c) The treasurer of state shall invest the money in the fund not |
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300 | 300 | | 42 currently needed to meet the obligations of the fund in the same |
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301 | 301 | | 2025 IN 522—LS 7371/DI 104 7 |
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302 | 302 | | 1 manner as other public funds may be invested. |
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303 | 303 | | 2 (d) Money in the fund at the end of a state fiscal year does not |
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304 | 304 | | 3 revert to the state general fund but remains in the fund to be used |
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305 | 305 | | 4 exclusively for purposes of this chapter. |
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306 | 306 | | 5 (e) Money in the fund is continuously appropriated for the |
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307 | 307 | | 6 purposes of this chapter. |
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308 | 308 | | 7 SECTION 5. IC 11-8-1-8.9 IS ADDED TO THE INDIANA |
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309 | 309 | | 8 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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310 | 310 | | 9 [EFFECTIVE JULY 1, 2025]: Sec. 8.9. "Nursery" has the meaning |
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311 | 311 | | 10 set forth in IC 11-10-3.5-1. |
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312 | 312 | | 11 SECTION 6. IC 11-8-2-16 IS ADDED TO THE INDIANA CODE |
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313 | 313 | | 12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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314 | 314 | | 13 1, 2025]: Sec. 16. (a) As used in this section, "fund" refers to the |
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315 | 315 | | 14 incarcerated women's maternal health fund established by |
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316 | 316 | | 15 subsection (b). |
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317 | 317 | | 16 (b) The incarcerated women's maternal health fund is |
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318 | 318 | | 17 established to provide funds to support the Officer Breann Leath |
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319 | 319 | | 18 Memorial Prison Nursery established by IC 11-10-3.5-5. |
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320 | 320 | | 19 (c) The fund consists of the following: |
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321 | 321 | | 20 (1) Appropriations made by the general assembly. |
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322 | 322 | | 21 (2) Gifts, bequests, donations, contributions, and grants from |
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323 | 323 | | 22 any public or private source. |
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324 | 324 | | 23 (d) The department shall administer the fund. |
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325 | 325 | | 24 (e) The expenses of administering the fund shall be paid from |
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326 | 326 | | 25 money in the fund. |
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327 | 327 | | 26 (f) The treasurer of state shall invest the money in the fund not |
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328 | 328 | | 27 currently needed to meet the obligations of the fund in the same |
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329 | 329 | | 28 manner as other public money may be invested. Interest that |
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330 | 330 | | 29 accrues from these investments shall be deposited in the fund. |
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331 | 331 | | 30 (g) Money in the fund at the end of a state fiscal year does not |
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332 | 332 | | 31 revert to the state general fund. |
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333 | 333 | | 32 (h) Money in the fund is continuously appropriated to carry out |
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334 | 334 | | 33 the purposes of the fund. |
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335 | 335 | | 34 SECTION 7. IC 11-10-3.5-1, AS ADDED BY P.L.78-2022, |
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336 | 336 | | 35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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337 | 337 | | 36 JULY 1, 2025]: Sec. 1. The following definitions apply throughout this |
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338 | 338 | | 37 chapter: |
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339 | 339 | | 38 (1) "Correctional facility" has the meaning set forth in |
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340 | 340 | | 39 IC 5-1.2-2-11. |
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341 | 341 | | 40 (2) "Nursery" means the Officer Breann Leath Memorial |
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342 | 342 | | 41 Prison Nursery established by section 5 of this chapter. |
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343 | 343 | | 42 (2) (3) "Pregnant inmate" means a confined person who is |
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344 | 344 | | 2025 IN 522—LS 7371/DI 104 8 |
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345 | 345 | | 1 pregnant. |
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346 | 346 | | 2 (3) (4) "Restraints" means any mechanical device used to control |
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347 | 347 | | 3 the movement of a pregnant inmate's body or limbs, including |
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348 | 348 | | 4 handcuffs, leg shackles, and belly chains. |
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349 | 349 | | 5 SECTION 8. IC 11-10-3.5-5 IS ADDED TO THE INDIANA CODE |
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350 | 350 | | 6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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351 | 351 | | 7 1, 2025]: Sec. 5. (a) The Officer Breann Leath Memorial Prison |
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352 | 352 | | 8 Nursery is established within a correctional facility determined by |
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353 | 353 | | 9 the commissioner. |
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354 | 354 | | 10 (b) The department shall operate the nursery and shall ensure |
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355 | 355 | | 11 that the operation, design, and implementation of the nursery is |
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356 | 356 | | 12 undertaken with the consultation and guidance of subject matter |
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357 | 357 | | 13 experts, who are not employed by the department or a vendor of |
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358 | 358 | | 14 the department, from the following fields: |
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359 | 359 | | 15 (1) Maternal health. |
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360 | 360 | | 16 (2) Public health. |
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361 | 361 | | 17 (3) Pediatrics. |
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362 | 362 | | 18 (4) Child development. |
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363 | 363 | | 19 (c) To implement this section, the department shall adopt rules |
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364 | 364 | | 20 under IC 4-22-2 that contain the following minimum standards: |
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365 | 365 | | 21 (1) Policies and procedures to augment the operation, design, |
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366 | 366 | | 22 and implementation criteria established with subject matter |
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367 | 367 | | 23 experts under subsection (a). |
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368 | 368 | | 24 (2) Policies and procedures that require the nursery to be |
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369 | 369 | | 25 made available to appropriate inmates to facilitate the care of |
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370 | 370 | | 26 an inmate's child up to the age of thirty (30) months. |
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371 | 371 | | 27 (3) Policies and procedures that prohibit the use of an |
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372 | 372 | | 28 incarcerated mother's parenting style as grounds for |
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373 | 373 | | 29 punishment or discipline. This subdivision does not prohibit |
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374 | 374 | | 30 the imposition of discipline or punishment if an incarcerated |
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375 | 375 | | 31 mother's conduct is reasonably likely to: |
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376 | 376 | | 32 (A) cause harm or injury to the child; or |
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377 | 377 | | 33 (B) pose a threat to or endanger the well-being of the child. |
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378 | 378 | | 34 (d) Before September 30 of each year, the department shall |
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379 | 379 | | 35 report to the legislative council, in an electronic format under |
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380 | 380 | | 36 IC 5-14-6, the following information for the preceding state fiscal |
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381 | 381 | | 37 year: |
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382 | 382 | | 38 (1) The number of pregnant inmates in custody of the |
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383 | 383 | | 39 department. |
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384 | 384 | | 40 (2) The number of inmates considered for placement, and the |
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385 | 385 | | 41 number of inmates actually placed, in the nursery. |
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386 | 386 | | 42 SECTION 9. IC 11-12-4-1, AS AMENDED BY P.L.56-2023, |
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387 | 387 | | 2025 IN 522—LS 7371/DI 104 9 |
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388 | 388 | | 1 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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389 | 389 | | 2 JULY 1, 2025]: Sec. 1. (a) As used in this section, "menstrual |
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390 | 390 | | 3 discharge collection devices" means: |
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391 | 391 | | 4 (1) tampons; |
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392 | 392 | | 5 (2) panty liners; |
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393 | 393 | | 6 (3) menstrual cups; |
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394 | 394 | | 7 (4) sanitary napkins; and |
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395 | 395 | | 8 (5) other similar tangible personal property designed to |
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396 | 396 | | 9 promote hygiene in connection with the human menstrual |
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397 | 397 | | 10 cycle. |
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398 | 398 | | 11 (b) The department shall adopt under IC 4-22-2 minimum standards |
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399 | 399 | | 12 for county jails governing the following: |
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400 | 400 | | 13 (1) General physical and environmental conditions. |
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401 | 401 | | 14 (2) Services and programs to be provided to confined persons. |
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402 | 402 | | 15 (3) Procedures for the care and control of confined persons that |
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403 | 403 | | 16 are necessary to ensure the health and safety of confined persons, |
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404 | 404 | | 17 the security of the jail, and public safety. and |
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405 | 405 | | 18 (4) The restraint of pregnant inmates. Rules adopted under this |
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406 | 406 | | 19 subdivision must be consistent with IC 11-10-3.5. |
---|
407 | 407 | | 20 (5) The provision of menstrual discharge collection devices to |
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408 | 408 | | 21 inmates who menstruate. Rules adopted under this |
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409 | 409 | | 22 subdivision must require the provision of menstrual discharge |
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410 | 410 | | 23 collection devices, in an appropriate quantity and at no cost, |
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411 | 411 | | 24 to an inmate that seeks a menstrual discharge collection |
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412 | 412 | | 25 device. |
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413 | 413 | | 26 However, the department may not adopt any standard that prohibits the |
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414 | 414 | | 27 placement of more than one (1) prisoner in a prisoner cell that has |
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415 | 415 | | 28 thirty-five (35) square feet or more of floor space per prisoner. |
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416 | 416 | | 29 (b) (c) The standards must be sufficiently flexible to foster the |
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417 | 417 | | 30 development of new and improved practices and to accommodate local |
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418 | 418 | | 31 needs and circumstances. The standards must be consistent with the |
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419 | 419 | | 32 laws of Indiana and the rules of the Indiana department of health and |
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420 | 420 | | 33 the fire prevention and building safety commission. |
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421 | 421 | | 34 (c) (d) The commissioner shall select a committee of not less than |
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422 | 422 | | 35 five (5) county sheriffs to consult with the department before and |
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423 | 423 | | 36 during the drafting of the proposed minimum standards. County |
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424 | 424 | | 37 sheriffs shall be selected from the various classes of counties to ensure |
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425 | 425 | | 38 that densely, moderately, and sparsely populated counties are |
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426 | 426 | | 39 represented. Each county sheriff is entitled to the minimum salary per |
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427 | 427 | | 40 diem as provided in IC 4-10-11-2.1 for each day engaged in the official |
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428 | 428 | | 41 business of the committee and to reimbursement for traveling and other |
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429 | 429 | | 42 expenses, as provided in the state travel policies and procedures |
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430 | 430 | | 2025 IN 522—LS 7371/DI 104 10 |
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431 | 431 | | 1 established by the Indiana department of administration and approved |
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432 | 432 | | 2 by the budget agency. |
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433 | 433 | | 3 (d) (e) At least sixty (60) days before setting the date for a public |
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434 | 434 | | 4 hearing under IC 4-22-2, the department shall forward copies of the |
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435 | 435 | | 5 proposed minimum standards to each county sheriff and each board of |
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436 | 436 | | 6 county commissioners and shall solicit their views and suggestions. |
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437 | 437 | | 7 SECTION 10. IC 12-15-5-7, AS ADDED BY P.L.35-2019, |
---|
438 | 438 | | 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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439 | 439 | | 9 JULY 1, 2025]: Sec. 7. (a) Pregnancy services provided under this |
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440 | 440 | | 10 article may shall include reimbursement for doula services. |
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441 | 441 | | 11 (b) The office may shall apply for any state plan amendment or |
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442 | 442 | | 12 waiver necessary to implement this section. |
---|
443 | 443 | | 13 (c) The office may shall adopt rules under IC 4-22-2 to implement |
---|
444 | 444 | | 14 this section. |
---|
445 | 445 | | 15 SECTION 11. IC 12-15-5-16.5 IS ADDED TO THE INDIANA |
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446 | 446 | | 16 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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447 | 447 | | 17 [EFFECTIVE JULY 1, 2025]: Sec. 16.5. (a) As used in this section, |
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448 | 448 | | 18 "certified medical interpretation services" does not include sign |
---|
449 | 449 | | 19 language interpretation services. |
---|
450 | 450 | | 20 (b) Subject to the approval under subsection (e), the office of the |
---|
451 | 451 | | 21 secretary shall reimburse for the provision of certified medical |
---|
452 | 452 | | 22 interpretation services for Medicaid recipients who have limited |
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453 | 453 | | 23 English proficiency when receiving Medicaid covered services from |
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454 | 454 | | 24 a Medicaid provider. |
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455 | 455 | | 25 (c) The office of the secretary shall ensure that any contract for |
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456 | 456 | | 26 the provision of certified medical interpretation services allows a |
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457 | 457 | | 27 Medicaid provider to access scheduling for the service. |
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458 | 458 | | 28 (d) The office of the secretary shall establish a community |
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459 | 459 | | 29 advisory committee to advise on the provision of certified medical |
---|
460 | 460 | | 30 interpretation services. The advisory committee must consist of |
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461 | 461 | | 31 stakeholders and Medicaid health care providers. |
---|
462 | 462 | | 32 (e) The office of the secretary shall apply to the United States |
---|
463 | 463 | | 33 Department of Health and Human Services for any state plan |
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464 | 464 | | 34 amendment or waiver necessary to implement this section. |
---|
465 | 465 | | 35 SECTION 12. IC 16-18-2-294.5, AS AMENDED BY P.L.208-2015, |
---|
466 | 466 | | 36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
467 | 467 | | 37 JULY 1, 2025]: Sec. 294.5. (a) "Program", for purposes of |
---|
468 | 468 | | 38 IC 16-35-12, has the meaning set forth in IC 16-35-12-1. |
---|
469 | 469 | | 39 (a) (b) "Program", for purposes of IC 16-40-4, has the meaning set |
---|
470 | 470 | | 40 forth in IC 16-40-4-3. |
---|
471 | 471 | | 41 (b) (c) "Program", for purposes of IC 16-41-7.5, has the meaning set |
---|
472 | 472 | | 42 forth in IC 16-41-7.5-2. |
---|
473 | 473 | | 2025 IN 522—LS 7371/DI 104 11 |
---|
474 | 474 | | 1 (d) "Program", for purposes of IC 16-41-17.5, has the meaning |
---|
475 | 475 | | 2 set forth in IC 16-41-17.5-1. |
---|
476 | 476 | | 3 (c) (e) "Program", for purposes of IC 16-47-1, has the meaning set |
---|
477 | 477 | | 4 forth in IC 16-47-1-3. |
---|
478 | 478 | | 5 SECTION 13. IC 16-18-2-341, AS AMENDED BY P.L.31-2019, |
---|
479 | 479 | | 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
480 | 480 | | 7 JULY 1, 2025]: Sec. 341. "Stillbirth", for purposes of IC 16-37, |
---|
481 | 481 | | 8 IC 16-41-17.5, and IC 16-49-6, means a birth after twenty (20) weeks |
---|
482 | 482 | | 9 of gestation that is not a live birth. |
---|
483 | 483 | | 10 SECTION 14. IC 16-35-12 IS ADDED TO THE INDIANA CODE |
---|
484 | 484 | | 11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
485 | 485 | | 12 JULY 1, 2025]: |
---|
486 | 486 | | 13 Chapter 12. Telephone Assistance Line for Mothers |
---|
487 | 487 | | 14 Sec. 1. As used in this chapter, "program" refers to the |
---|
488 | 488 | | 15 telephone assistance line for mothers program established under |
---|
489 | 489 | | 16 section 2 of this chapter. |
---|
490 | 490 | | 17 Sec. 2. (a) The state department shall establish and administer |
---|
491 | 491 | | 18 the telephone assistance line for mothers program for the purpose |
---|
492 | 492 | | 19 of helping mothers who are experiencing behavioral health issues |
---|
493 | 493 | | 20 to connect with health care providers to obtain behavioral health |
---|
494 | 494 | | 21 resources. |
---|
495 | 495 | | 22 (b) The state department shall employ at least the following for |
---|
496 | 496 | | 23 the program: |
---|
497 | 497 | | 24 (1) A psychiatrist licensed under IC 25-22.5. |
---|
498 | 498 | | 25 (2) A psychologist licensed under IC 25-33. |
---|
499 | 499 | | 26 Sec. 3. The program must include the operation of a dedicated |
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500 | 500 | | 27 telephone number Monday through Friday from at least 8 a.m. |
---|
501 | 501 | | 28 until 5 p.m. that serves as the entry point to the program for health |
---|
502 | 502 | | 29 care providers to be able to connect available services to a mother |
---|
503 | 503 | | 30 with behavioral health concerns. Services must include the |
---|
504 | 504 | | 31 following: |
---|
505 | 505 | | 32 (1) An immediate clinical consultation over the telephone. |
---|
506 | 506 | | 33 (2) An expedited face-to-face behavioral health consultation. |
---|
507 | 507 | | 34 (3) Care coordination for assistance with referrals to |
---|
508 | 508 | | 35 community behavioral health services. |
---|
509 | 509 | | 36 Sec. 4. The state department shall provide professional |
---|
510 | 510 | | 37 continuing education on behavioral health matters for health care |
---|
511 | 511 | | 38 providers employed by the program. |
---|
512 | 512 | | 39 SECTION 15. IC 16-41-17.5 IS ADDED TO THE INDIANA |
---|
513 | 513 | | 40 CODE AS A NEW CHAPTER TO READ AS FOLLOWS |
---|
514 | 514 | | 41 [EFFECTIVE JULY 1, 2025]: |
---|
515 | 515 | | 42 Chapter 17.5. Prevention and Treatment Programs: Stillbirth |
---|
516 | 516 | | 2025 IN 522—LS 7371/DI 104 12 |
---|
517 | 517 | | 1 Prevention Through Fetal Movement Pilot Program |
---|
518 | 518 | | 2 Sec. 1. As used in this chapter, "program" refers to the stillbirth |
---|
519 | 519 | | 3 prevention through fetal movement pilot program established by |
---|
520 | 520 | | 4 section 2 of this chapter. |
---|
521 | 521 | | 5 Sec. 2. The stillbirth prevention through fetal movement pilot |
---|
522 | 522 | | 6 program is established for the purpose of providing evidence based |
---|
523 | 523 | | 7 information on the importance of tracking fetal movement in the |
---|
524 | 524 | | 8 third trimester of pregnancy to prevent stillbirths in Indiana. |
---|
525 | 525 | | 9 Sec. 3. (a) The state department shall establish a grant as part |
---|
526 | 526 | | 10 of the program. The state department may award a grant to be |
---|
527 | 527 | | 11 used for the following: |
---|
528 | 528 | | 12 (1) Developing and distributing evidence based education |
---|
529 | 529 | | 13 materials about the importance of tracking fetal movement in |
---|
530 | 530 | | 14 the third trimester of pregnancy to the following that provide |
---|
531 | 531 | | 15 education to maternal health providers: |
---|
532 | 532 | | 16 (A) Community organizations. |
---|
533 | 533 | | 17 (B) Hospitals. |
---|
534 | 534 | | 18 (C) Birthing centers. |
---|
535 | 535 | | 19 (D) Maternal health providers. |
---|
536 | 536 | | 20 (E) State educational institutions that educate maternal |
---|
537 | 537 | | 21 health providers. |
---|
538 | 538 | | 22 (2) Providing maternal health providers and expectant |
---|
539 | 539 | | 23 parents in Indiana with access to free evidence based |
---|
540 | 540 | | 24 educational materials on fetal movement tracking, including |
---|
541 | 541 | | 25 brochures, posters, continuing education materials, and |
---|
542 | 542 | | 26 digital resources. |
---|
543 | 543 | | 27 (3) Assisting in raising awareness with health care providers |
---|
544 | 544 | | 28 concerning the following: |
---|
545 | 545 | | 29 (A) Materials described in subdivisions (1) and (2). |
---|
546 | 546 | | 30 (B) The importance of tracking fetal movement in the third |
---|
547 | 547 | | 31 trimester of pregnancy through an education campaign |
---|
548 | 548 | | 32 and by offering at least three (3) webinars or conferences |
---|
549 | 549 | | 33 per year. |
---|
550 | 550 | | 34 (C) The availability of free education materials described |
---|
551 | 551 | | 35 in this subsection. |
---|
552 | 552 | | 36 (b) A grant recipient shall provide the state department with the |
---|
553 | 553 | | 37 following information on at least a quarterly basis: |
---|
554 | 554 | | 38 (1) The number of educational materials distributed by the |
---|
555 | 555 | | 39 grantee, broken down by ZIP code and type of facility or |
---|
556 | 556 | | 40 organization that received the materials within Indiana. |
---|
557 | 557 | | 41 (2) The number of fetal movement tracking application |
---|
558 | 558 | | 42 downloads attributed to the program, broken down by ZIP |
---|
559 | 559 | | 2025 IN 522—LS 7371/DI 104 13 |
---|
560 | 560 | | 1 code within Indiana. |
---|
561 | 561 | | 2 (3) The number of health care providers that participated in |
---|
562 | 562 | | 3 any training program, webinar, conference, or other |
---|
563 | 563 | | 4 awareness events provided by the grantee. |
---|
564 | 564 | | 5 (c) A grant recipient shall provide the state department with the |
---|
565 | 565 | | 6 following information on an annual basis concerning how the pilot |
---|
566 | 566 | | 7 program has affected the fetal death rates in Indiana, dividing the |
---|
567 | 567 | | 8 information of the rates by race and ZIP code within Indiana. |
---|
568 | 568 | | 9 Sec. 4. (a) The stillbirth prevention through fetal movement |
---|
569 | 569 | | 10 pilot program fund is established for the purpose of providing |
---|
570 | 570 | | 11 evidence based information on the importance of tracking fetal |
---|
571 | 571 | | 12 movement in the third trimester of pregnancy to prevent stillbirths |
---|
572 | 572 | | 13 in Indiana. The fund shall be administered by the state department. |
---|
573 | 573 | | 14 (b) The expenses of administering the fund shall be paid from |
---|
574 | 574 | | 15 money in the fund. |
---|
575 | 575 | | 16 (c) The treasurer of state shall invest money in the fund not |
---|
576 | 576 | | 17 currently needed to meet the obligations of the fund in the same |
---|
577 | 577 | | 18 manner as other public money may be invested. Interest that |
---|
578 | 578 | | 19 accrues from these investments shall be deposited in the fund. |
---|
579 | 579 | | 20 (d) Money in the fund consists of appropriations, gifts, grants, |
---|
580 | 580 | | 21 and donations from public or private sources. Money in the fund |
---|
581 | 581 | | 22 at the end of a state fiscal year does not revert to the state general |
---|
582 | 582 | | 23 fund. |
---|
583 | 583 | | 24 Sec. 5. This chapter expires December 31, 2027. |
---|
584 | 584 | | 25 SECTION 16. IC 27-8-5-30, AS ADDED BY P.L.19-2016, |
---|
585 | 585 | | 26 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
586 | 586 | | 27 JULY 1, 2025]: Sec. 30. (a) As used in this section, "insured" means an |
---|
587 | 587 | | 28 individual who is entitled to coverage under a policy of accident and |
---|
588 | 588 | | 29 sickness insurance. |
---|
589 | 589 | | 30 (b) As used in this section, "insurer" refers to an insurer that issues |
---|
590 | 590 | | 31 a policy of accident and sickness insurance. The term includes a person |
---|
591 | 591 | | 32 that administers prescription drug benefits on behalf of an insurer. |
---|
592 | 592 | | 33 (c) As used in this section, "policy of accident and sickness |
---|
593 | 593 | | 34 insurance" means a policy of accident and sickness insurance that |
---|
594 | 594 | | 35 provides coverage for prescription drugs. |
---|
595 | 595 | | 36 (d) As used in this section, "preceding prescription drug" means a |
---|
596 | 596 | | 37 prescription drug that, according to a step therapy protocol, must be: |
---|
597 | 597 | | 38 (1) first used to treat an insured's condition; and |
---|
598 | 598 | | 39 (2) as a result of the treatment under subdivision (1), determined |
---|
599 | 599 | | 40 to be inappropriate to treat the insured's condition; |
---|
600 | 600 | | 41 as a condition of coverage under a policy of accident and sickness |
---|
601 | 601 | | 42 insurance for succeeding treatment with another prescription drug. |
---|
602 | 602 | | 2025 IN 522—LS 7371/DI 104 14 |
---|
603 | 603 | | 1 (e) As used in this section, "protocol exception" means a |
---|
604 | 604 | | 2 determination by an insurer that, based on a review of a request for the |
---|
605 | 605 | | 3 determination and any supporting documentation: |
---|
606 | 606 | | 4 (1) a step therapy protocol is not medically appropriate for |
---|
607 | 607 | | 5 treatment of a particular insured's condition; and |
---|
608 | 608 | | 6 (2) the insurer will: |
---|
609 | 609 | | 7 (A) not require the insured's use of a preceding prescription |
---|
610 | 610 | | 8 drug under the step therapy protocol; and |
---|
611 | 611 | | 9 (B) provide immediate coverage for another prescription drug |
---|
612 | 612 | | 10 that is prescribed for the insured. |
---|
613 | 613 | | 11 (f) As used in this section, "step therapy protocol" means a protocol |
---|
614 | 614 | | 12 that specifies, as a condition of coverage under a policy of accident and |
---|
615 | 615 | | 13 sickness insurance, the order in which certain prescription drugs must |
---|
616 | 616 | | 14 be used to treat an insured's condition. |
---|
617 | 617 | | 15 (g) As used in this section, "urgent care situation" means an |
---|
618 | 618 | | 16 insured's injury or condition about which the following apply: |
---|
619 | 619 | | 17 (1) If medical care or treatment is not provided earlier than the |
---|
620 | 620 | | 18 time frame generally considered by the medical profession to be |
---|
621 | 621 | | 19 reasonable for a nonurgent situation, the injury or condition could |
---|
622 | 622 | | 20 seriously jeopardize the insured's: |
---|
623 | 623 | | 21 (A) life or health; or |
---|
624 | 624 | | 22 (B) ability to regain maximum function; |
---|
625 | 625 | | 23 based on a prudent layperson's judgment. |
---|
626 | 626 | | 24 (2) If medical care or treatment is not provided earlier than the |
---|
627 | 627 | | 25 time frame generally considered by the medical profession to be |
---|
628 | 628 | | 26 reasonable for a nonurgent situation, the injury or condition could |
---|
629 | 629 | | 27 subject the insured to severe pain that cannot be adequately |
---|
630 | 630 | | 28 managed, based on the insured's treating health care provider's |
---|
631 | 631 | | 29 judgment. |
---|
632 | 632 | | 30 (h) An insurer shall publish on the insurer's Internet web site, |
---|
633 | 633 | | 31 website, and provide to an insured in writing, a procedure for the |
---|
634 | 634 | | 32 insured's use in requesting a protocol exception. The procedure must |
---|
635 | 635 | | 33 include the following provisions: |
---|
636 | 636 | | 34 (1) A description of the manner in which an insured may request |
---|
637 | 637 | | 35 a protocol exception. |
---|
638 | 638 | | 36 (2) That the insurer shall make a determination concerning a |
---|
639 | 639 | | 37 protocol exception request, or an appeal of a denial of a protocol |
---|
640 | 640 | | 38 exception request, not more than: |
---|
641 | 641 | | 39 (A) in an urgent care situation, one (1) business day after |
---|
642 | 642 | | 40 receiving the request or appeal; or |
---|
643 | 643 | | 41 (B) in a nonurgent care situation, three (3) business days after |
---|
644 | 644 | | 42 receiving the request or appeal. |
---|
645 | 645 | | 2025 IN 522—LS 7371/DI 104 15 |
---|
646 | 646 | | 1 (3) That a protocol exception will be granted if any of the |
---|
647 | 647 | | 2 following apply: |
---|
648 | 648 | | 3 (A) A preceding prescription drug is contraindicated or will |
---|
649 | 649 | | 4 likely cause an adverse reaction or physical or mental harm to |
---|
650 | 650 | | 5 the insured. |
---|
651 | 651 | | 6 (B) A preceding prescription drug is expected to be |
---|
652 | 652 | | 7 ineffective, based on both of the following: |
---|
653 | 653 | | 8 (i) The known clinical characteristics of the insured. |
---|
654 | 654 | | 9 (ii) Known characteristics of the preceding prescription |
---|
655 | 655 | | 10 drug, as found in sound clinical evidence. |
---|
656 | 656 | | 11 (C) The insured has previously received: |
---|
657 | 657 | | 12 (i) a preceding prescription drug; or |
---|
658 | 658 | | 13 (ii) another prescription drug that is in the same |
---|
659 | 659 | | 14 pharmacologic class or has the same mechanism of action as |
---|
660 | 660 | | 15 a preceding prescription drug; |
---|
661 | 661 | | 16 and the prescription drug was discontinued due to lack of |
---|
662 | 662 | | 17 efficacy or effectiveness, diminished effect, or an adverse |
---|
663 | 663 | | 18 event. |
---|
664 | 664 | | 19 (D) Based on clinical appropriateness, a preceding |
---|
665 | 665 | | 20 prescription drug is not in the best interest of the insured |
---|
666 | 666 | | 21 because the insured's use of the preceding prescription drug is |
---|
667 | 667 | | 22 expected to: |
---|
668 | 668 | | 23 (i) cause a significant barrier to the insured's adherence to or |
---|
669 | 669 | | 24 compliance with the insured's plan of care; |
---|
670 | 670 | | 25 (ii) worsen a comorbid condition of the insured; or |
---|
671 | 671 | | 26 (iii) decrease the insured's ability to achieve or maintain |
---|
672 | 672 | | 27 reasonable functional ability in performing daily activities. |
---|
673 | 673 | | 28 (4) That when a protocol exception is granted, the insurer shall |
---|
674 | 674 | | 29 notify the insured and the insured's health care provider of the |
---|
675 | 675 | | 30 authorization for coverage of the prescription drug that is the |
---|
676 | 676 | | 31 subject of the protocol exception. |
---|
677 | 677 | | 32 (5) That if: |
---|
678 | 678 | | 33 (A) a protocol exception request; or |
---|
679 | 679 | | 34 (B) an appeal of a denied protocol exception request; |
---|
680 | 680 | | 35 results in a denial of the protocol exception, the insurer shall |
---|
681 | 681 | | 36 provide to the insured and the treating health care provider notice |
---|
682 | 682 | | 37 of the denial, including a detailed, written explanation of the |
---|
683 | 683 | | 38 reason for the denial and the clinical rationale that supports the |
---|
684 | 684 | | 39 denial. |
---|
685 | 685 | | 40 (6) That the insurer may request a copy of relevant documentation |
---|
686 | 686 | | 41 from the insured's medical record in support of a protocol |
---|
687 | 687 | | 42 exception. |
---|
688 | 688 | | 2025 IN 522—LS 7371/DI 104 16 |
---|
689 | 689 | | 1 (i) An insurer may not require step therapy protocol for a |
---|
690 | 690 | | 2 prescription drug that is prescribed for the treatment of a |
---|
691 | 691 | | 3 postpartum mental health condition (as defined in IC 27-8-41-4). |
---|
692 | 692 | | 4 SECTION 17. IC 27-8-40 IS ADDED TO THE INDIANA CODE |
---|
693 | 693 | | 5 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
---|
694 | 694 | | 6 JULY 1, 2025]: |
---|
695 | 695 | | 7 Chapter 40. Coverage for Tubal Ligation and Vasectomy |
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696 | 696 | | 8 Procedures |
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697 | 697 | | 9 Sec. 1. This chapter applies to a policy of accident and sickness |
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698 | 698 | | 10 insurance that is issued, delivered, amended, or renewed after June |
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699 | 699 | | 11 30, 2025. |
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700 | 700 | | 12 Sec. 2. As used in this chapter, "insured" means an individual |
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701 | 701 | | 13 entitled to coverage under a policy of accident and sickness |
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702 | 702 | | 14 insurance. |
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703 | 703 | | 15 Sec. 3. As used in this chapter, "policy of accident and sickness |
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704 | 704 | | 16 insurance" has the meaning set forth in IC 27-8-5-1. |
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705 | 705 | | 17 Sec. 4. As used in this chapter, "tubal ligation procedure" |
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706 | 706 | | 18 means a surgical procedure that involves severing and tying the |
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707 | 707 | | 19 fallopian tubes. |
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708 | 708 | | 20 Sec. 5. As used in this chapter, "vasectomy procedure" means |
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709 | 709 | | 21 a surgical procedure that involves cutting and sealing part of each |
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710 | 710 | | 22 vas deferens. |
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711 | 711 | | 23 Sec. 6. A policy of accident and sickness insurance shall provide |
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712 | 712 | | 24 coverage for a tubal ligation procedure for an insured. |
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713 | 713 | | 25 Sec. 7. A policy of accident and sickness insurance shall provide |
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714 | 714 | | 26 coverage for a vasectomy procedure for an insured. |
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715 | 715 | | 27 SECTION 18. IC 27-8-41 IS ADDED TO THE INDIANA CODE |
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716 | 716 | | 28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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717 | 717 | | 29 JULY 1, 2025]: |
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718 | 718 | | 30 Chapter 41. Coverage for Postpartum Mental Health Condition |
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719 | 719 | | 31 Screening and Treatment |
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720 | 720 | | 32 Sec. 1. This chapter applies to a policy of accident and sickness |
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721 | 721 | | 33 insurance that is issued, delivered, amended, or renewed after June |
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722 | 722 | | 34 30, 2025. |
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723 | 723 | | 35 Sec. 2. As used in this chapter, "insured" means an individual |
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724 | 724 | | 36 entitled to coverage under a policy of accident and sickness |
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725 | 725 | | 37 insurance. |
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726 | 726 | | 38 Sec. 3. As used in this chapter, "policy of accident and sickness |
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727 | 727 | | 39 insurance" has the meaning set forth in IC 27-8-5-1. |
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728 | 728 | | 40 Sec. 4. As used in this chapter, "postpartum mental health |
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729 | 729 | | 41 condition" means a mental health condition that occurs: |
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730 | 730 | | 42 (1) during pregnancy or after childbirth; and |
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731 | 731 | | 2025 IN 522—LS 7371/DI 104 17 |
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732 | 732 | | 1 (2) as a result of pregnancy or childbirth. |
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733 | 733 | | 2 The term includes postpartum depression. |
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734 | 734 | | 3 Sec. 5. A policy of accident and sickness insurance must provide |
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735 | 735 | | 4 coverage for: |
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736 | 736 | | 5 (1) a postpartum mental health condition screening for an |
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737 | 737 | | 6 insured; and |
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738 | 738 | | 7 (2) postpartum mental health condition treatment for an |
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739 | 739 | | 8 insured, which includes prescription drugs used to treat a |
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740 | 740 | | 9 postpartum mental health condition. |
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741 | 741 | | 10 SECTION 19. IC 27-13-7-23, AS ADDED BY P.L.19-2016, |
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742 | 742 | | 11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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743 | 743 | | 12 JULY 1, 2025]: Sec. 23. (a) As used in this section, "group contract" |
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744 | 744 | | 13 refers to a group contract that provides coverage for prescription drugs. |
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745 | 745 | | 14 (b) As used in this section, "health maintenance organization" refers |
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746 | 746 | | 15 to a health maintenance organization that provides coverage for |
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747 | 747 | | 16 prescription drugs. The term includes the following: |
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748 | 748 | | 17 (1) A limited service health maintenance organization. |
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749 | 749 | | 18 (2) A person that administers prescription drug benefits on behalf |
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750 | 750 | | 19 of a health maintenance organization or a limited service health |
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751 | 751 | | 20 maintenance organization. |
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752 | 752 | | 21 (c) As used in this section, "individual contract" refers to an |
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753 | 753 | | 22 individual contract that provides coverage for prescription drugs. |
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754 | 754 | | 23 (d) As used in this section, "preceding prescription drug" means a |
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755 | 755 | | 24 prescription drug that, according to a step therapy protocol, must be: |
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756 | 756 | | 25 (1) first used to treat an enrollee's condition; and |
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757 | 757 | | 26 (2) as a result of the treatment under subdivision (1), determined |
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758 | 758 | | 27 to be inappropriate to treat the enrollee's condition; |
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759 | 759 | | 28 as a condition of coverage under an individual contract or a group |
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760 | 760 | | 29 contract for succeeding treatment with another prescription drug. |
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761 | 761 | | 30 (e) As used in this section, "protocol exception" means a |
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762 | 762 | | 31 determination by a health maintenance organization that, based on a |
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763 | 763 | | 32 review of a request for the determination and any supporting |
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764 | 764 | | 33 documentation: |
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765 | 765 | | 34 (1) a step therapy protocol is not medically appropriate for |
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766 | 766 | | 35 treatment of a particular enrollee's condition; and |
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767 | 767 | | 36 (2) the health maintenance organization will: |
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768 | 768 | | 37 (A) not require the enrollee's use of a preceding prescription |
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769 | 769 | | 38 drug under the step therapy protocol; and |
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770 | 770 | | 39 (B) provide immediate coverage for another prescription drug |
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771 | 771 | | 40 that is prescribed for the enrollee. |
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772 | 772 | | 41 (f) As used in this section, "step therapy protocol" means a protocol |
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773 | 773 | | 42 that specifies, as a condition of coverage under an individual contract |
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774 | 774 | | 2025 IN 522—LS 7371/DI 104 18 |
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775 | 775 | | 1 or a group contract, the order in which certain prescription drugs must |
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776 | 776 | | 2 be used to treat an enrollee's condition. |
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777 | 777 | | 3 (g) As used in this section, "urgent care situation" means an |
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778 | 778 | | 4 enrollee's injury or condition about which the following apply: |
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779 | 779 | | 5 (1) If medical care or treatment is not provided earlier than the |
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780 | 780 | | 6 time frame generally considered by the medical profession to be |
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781 | 781 | | 7 reasonable for a nonurgent situation, the injury or condition could |
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782 | 782 | | 8 seriously jeopardize the enrollee's: |
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783 | 783 | | 9 (A) life or health; or |
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784 | 784 | | 10 (B) ability to regain maximum function; |
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785 | 785 | | 11 based on a prudent layperson's judgment. |
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786 | 786 | | 12 (2) If medical care or treatment is not provided earlier than the |
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787 | 787 | | 13 time frame generally considered by the medical profession to be |
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788 | 788 | | 14 reasonable for a nonurgent situation, the injury or condition could |
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789 | 789 | | 15 subject the enrollee to severe pain that cannot be adequately |
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790 | 790 | | 16 managed, based on the enrollee's treating health care provider's |
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791 | 791 | | 17 judgment. |
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792 | 792 | | 18 (h) A health maintenance organization shall publish on the health |
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793 | 793 | | 19 maintenance organization's Internet web site, website, and provide to |
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794 | 794 | | 20 an enrollee in writing, a procedure for the enrollee's use in requesting |
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795 | 795 | | 21 a protocol exception. The procedure must include the following |
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796 | 796 | | 22 provisions: |
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797 | 797 | | 23 (1) A description of the manner in which an enrollee may request |
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798 | 798 | | 24 a protocol exception. |
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799 | 799 | | 25 (2) That the health maintenance organization shall make a |
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800 | 800 | | 26 determination concerning a protocol exception request, or an |
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801 | 801 | | 27 appeal of a denial of a protocol exception request, not more than: |
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802 | 802 | | 28 (A) in an urgent care situation, one (1) business day after |
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803 | 803 | | 29 receiving the request or appeal; or |
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804 | 804 | | 30 (B) in a nonurgent care situation, three (3) business days after |
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805 | 805 | | 31 receiving the request or appeal. |
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806 | 806 | | 32 (3) That a protocol exception will be granted if any of the |
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807 | 807 | | 33 following apply: |
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808 | 808 | | 34 (A) A preceding prescription drug is contraindicated or will |
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809 | 809 | | 35 likely cause an adverse reaction or physical or mental harm to |
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810 | 810 | | 36 the enrollee. |
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811 | 811 | | 37 (B) A preceding prescription drug is expected to be |
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812 | 812 | | 38 ineffective, based on both of the following: |
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813 | 813 | | 39 (i) The known clinical characteristics of the enrollee. |
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814 | 814 | | 40 (ii) Known characteristics of the preceding prescription |
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815 | 815 | | 41 drug, as found in sound clinical evidence. |
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816 | 816 | | 42 (C) The enrollee has previously received: |
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817 | 817 | | 2025 IN 522—LS 7371/DI 104 19 |
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818 | 818 | | 1 (i) a preceding prescription drug; or |
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819 | 819 | | 2 (ii) another prescription drug that is in the same |
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820 | 820 | | 3 pharmacologic class or has the same mechanism of action as |
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821 | 821 | | 4 a preceding prescription drug; |
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822 | 822 | | 5 and the prescription drug was discontinued due to lack of |
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823 | 823 | | 6 efficacy or effectiveness, diminished effect, or an adverse |
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824 | 824 | | 7 event. |
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825 | 825 | | 8 (D) Based on clinical appropriateness, a preceding |
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826 | 826 | | 9 prescription drug is not in the best interest of the enrollee |
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827 | 827 | | 10 because the enrollee's use of the preceding prescription drug |
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828 | 828 | | 11 is expected to: |
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829 | 829 | | 12 (i) cause a significant barrier to the enrollee's adherence to |
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830 | 830 | | 13 or compliance with the enrollee's plan of care; |
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831 | 831 | | 14 (ii) worsen a comorbid condition of the enrollee; or |
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832 | 832 | | 15 (iii) decrease the enrollee's ability to achieve or maintain |
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833 | 833 | | 16 reasonable functional ability in performing daily activities. |
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834 | 834 | | 17 (4) That when a protocol exception is granted, the health |
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835 | 835 | | 18 maintenance organization shall notify the enrollee and the |
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836 | 836 | | 19 enrollee's health care provider of the authorization for coverage |
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837 | 837 | | 20 of the prescription drug that is the subject of the protocol |
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838 | 838 | | 21 exception. |
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839 | 839 | | 22 (5) That if: |
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840 | 840 | | 23 (A) a protocol exception request; or |
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841 | 841 | | 24 (B) an appeal of a denied protocol exception request; |
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842 | 842 | | 25 results in a denial of the protocol exception, the health |
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843 | 843 | | 26 maintenance organization shall provide to the enrollee and the |
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844 | 844 | | 27 treating health care provider notice of the denial, including a |
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845 | 845 | | 28 detailed, written explanation of the reason for the denial and the |
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846 | 846 | | 29 clinical rationale that supports the denial. |
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847 | 847 | | 30 (6) That the insurer may request a copy of relevant documentation |
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848 | 848 | | 31 from the insured's medical record in support of a protocol |
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849 | 849 | | 32 exception. |
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850 | 850 | | 33 (i) A health maintenance organization may not require step |
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851 | 851 | | 34 therapy protocol for a prescription drug that is prescribed for the |
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852 | 852 | | 35 treatment of a postpartum mental health condition (as defined in |
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853 | 853 | | 36 section 29(b) of this chapter). |
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854 | 854 | | 37 SECTION 20. IC 27-13-7-29 IS ADDED TO THE INDIANA |
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855 | 855 | | 38 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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856 | 856 | | 39 [EFFECTIVE JULY 1, 2025]: Sec. 29. (a) This section applies to an |
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857 | 857 | | 40 individual contract and a group contract that is entered into, |
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858 | 858 | | 41 delivered, amended, or renewed after June 30, 2025. |
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859 | 859 | | 42 (b) As used in this section, "postpartum mental health |
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860 | 860 | | 2025 IN 522—LS 7371/DI 104 20 |
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861 | 861 | | 1 condition" means a mental health condition that occurs: |
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862 | 862 | | 2 (1) during pregnancy or after childbirth; and |
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863 | 863 | | 3 (2) as a result of pregnancy or childbirth. |
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864 | 864 | | 4 The term includes postpartum depression. |
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865 | 865 | | 5 (c) An individual contract or a group contract must provide |
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866 | 866 | | 6 coverage for: |
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867 | 867 | | 7 (1) a postpartum mental health condition screening for an |
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868 | 868 | | 8 enrollee; and |
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869 | 869 | | 9 (2) postpartum mental health condition treatment for an |
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870 | 870 | | 10 enrollee, which includes prescription drugs used to treat a |
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871 | 871 | | 11 postpartum mental health condition. |
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872 | 872 | | 12 SECTION 21. IC 27-13-7-30 IS ADDED TO THE INDIANA |
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873 | 873 | | 13 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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874 | 874 | | 14 [EFFECTIVE JULY 1, 2025]: Sec. 30. (a) This section applies to an |
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875 | 875 | | 15 individual contract and a group contract that is entered into, |
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876 | 876 | | 16 delivered, amended, or renewed after June 30, 2025. |
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877 | 877 | | 17 (b) As used in this section, "tubal ligation procedure" means a |
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878 | 878 | | 18 surgical procedure that involves severing and tying the fallopian |
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879 | 879 | | 19 tubes. |
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880 | 880 | | 20 (c) As used in this section, "vasectomy procedure" means a |
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881 | 881 | | 21 surgical procedure that involves cutting and sealing part of each |
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882 | 882 | | 22 vas deferens. |
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883 | 883 | | 23 (d) An individual contract or a group contract shall provide |
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884 | 884 | | 24 coverage for a tubal ligation procedure for an enrollee. |
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885 | 885 | | 25 (e) An individual contract or a group contract shall provide |
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886 | 886 | | 26 coverage for a vasectomy procedure for an enrollee. |
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887 | 887 | | 27 SECTION 22. [EFFECTIVE JULY 1, 2025] (a) There is |
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888 | 888 | | 28 appropriated to the stillbirth prevention through fetal movement |
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889 | 889 | | 29 pilot program fund established by IC 16-41-17.5-4, as added by this |
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890 | 890 | | 30 act: |
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891 | 891 | | 31 (1) for the state fiscal year beginning July 1, 2025, and ending |
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892 | 892 | | 32 June 30, 2026, one hundred twenty-five thousand dollars |
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893 | 893 | | 33 ($125,000); and |
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894 | 894 | | 34 (2) for the state fiscal year beginning July 1, 2026, and ending |
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895 | 895 | | 35 June 30, 2027, one hundred twenty-five thousand dollars |
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896 | 896 | | 36 ($125,000); |
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897 | 897 | | 37 from the state general fund for use by the Indiana department of |
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898 | 898 | | 38 health to carry out the purposes of IC 16-41-17.5, as added by this |
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899 | 899 | | 39 act. |
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900 | 900 | | 40 (b) This SECTION expires July 1, 2027. |
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901 | 901 | | 41 SECTION 23. [EFFECTIVE JULY 1, 2025] (a) There is |
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902 | 902 | | 42 appropriated from the state general fund five million dollars |
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903 | 903 | | 2025 IN 522—LS 7371/DI 104 21 |
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904 | 904 | | 1 ($5,000,000) to the Indiana housing and community development |
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905 | 905 | | 2 authority for deposit in the lactation room grant fund established |
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906 | 906 | | 3 by IC 5-16-16-10, as added by this act, for the period beginning |
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907 | 907 | | 4 July 1, 2025, and ending June 30, 2026. |
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908 | 908 | | 5 (b) This SECTION expires January 1, 2027. |
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909 | 909 | | 2025 IN 522—LS 7371/DI 104 |
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