Introduced Version
HOUSE BILL No. 1324
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-8-15; IC 22-2-13.
Synopsis: Disclosure of employer health care spending. Requires an
applicant for or recipient of medical assistance administered by the
state to provide information concerning the applicant's or recipient's
employer or the employer of each person who is responsible for
providing any portion of the applicant's or recipient's support. Requires
the office of the secretary of family and social services to submit a
report annually to the legislative council that provides certain
information about employers identified by at least 50 recipients of
medical assistance. Requires an employer that employs at least 1,000
employees in Indiana to file an annual report with the commissioner of
the Indiana department of labor that provides certain information
concerning the employer's spending during the preceding calendar year
for health care benefits for its employees in Indiana. Provides that the
report is a public record. Requires the commissioner to assess a civil
penalty not to exceed $500 against an employer that fails to file an
annual report or files a report the commissioner determines is
substantially and materially insufficient or incorrect. Provides that each
day an annual report is late is a separate violation for purposes of
assessing a civil penalty.
Effective: July 1, 2006.
Dickinson
January 10, 2006, read first time and referred to Committee on Employment and Labor.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1324
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-7-2-15; (06)IN1324.1.1. -->
SECTION 1. IC 12-7-2-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 15. "Applicant" means
the following:
(1) For purposes of the following statutes, a person who has
applied for assistance for the applicant or another person under
any of the following statutes:
(A) IC 12-8-15.
(A) (B) IC 12-10-6.
(B) (C) IC 12-10-12.
(C) (D) IC 12-13.
(D) (E) IC 12-14.
(E) (F) IC 12-15.
(F) (G) IC 12-17-1.
(G) (H) IC 12-17-2.
(H) (I) IC 12-17-3.
(I) (J) IC 12-17-9.
(J) (K) IC 12-17-10.
(K) (L) IC 12-17-11.
(L) (M) IC 12-19.
(2) For purposes of IC 12-17-12, the meaning set forth in
IC 12-17-12-1.
(3) For purposes of IC 12-17-13, the meaning set forth in
IC 12-17-13-1.
(4) For the purposes of IC 12-17.2, a person who seeks a license
to operate a child care center or child care home.
(5) For purposes of IC 12-17.4, a person who seeks a license to
operate a child caring institution, foster family home, group home,
or child placing agency.
SOURCE: IC 12-7-2-128.3; (06)IN1324.1.2. -->
SECTION 2. IC 12-7-2-128.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 128.3. "Medical assistance", for
purposes of IC 12-8-15, has the meaning set forth in IC 12-8-15-3.
SOURCE: IC 12-7-2-147.3; (06)IN1324.1.3. -->
SECTION 3. IC 12-7-2-147.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 147.3. "Proposed beneficiary",
for purposes of IC 12-8-15, has the meaning set forth in
IC 12-8-15-4.
SOURCE: IC 12-7-2-158; (06)IN1324.1.4. -->
SECTION 4. IC 12-7-2-158, AS AMENDED BY P.L.73-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 158. "Recipient" means the following:
(1) For purposes of the following statutes, a person who has
received or is receiving assistance for the person or another
person under any of the following statutes:
(A) IC 12-8-15.
(A) (B) IC 12-10-6.
(B) (C) IC 12-13.
(C) (D) IC 12-14.
(D) (E) IC 12-15.
(E) (F) IC 12-17-1.
(F) (G) IC 12-17-2.
(G) (H) IC 12-17-3.
(H) (I) IC 12-17-9.
(I) (J) IC 12-17-10.
(J) (K) IC 12-17-11.
(K) (L) IC 12-19.
(2) For purposes of IC 12-20-10 and IC 12-20-11:
(A) a single individual receiving township assistance; or
(B) if township assistance is received by a household with at
least two (2) individuals, the member of the household most
suited to perform available work.
SOURCE: IC 12-8-15; (06)IN1324.1.5. -->
SECTION 5. IC 12-8-15 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 15. Disclosure of Employers of Medical Assistance
Recipients
Sec. 1. This chapter applies to all programs administered by the
state providing health care or hospital benefits under any of the
following:
(1) IC 12-10-10 (community and home options to institutional
care for the elderly and disabled program).
(2) IC 12-15 (Medicaid).
(3) IC 12-17.6 (children's health insurance program).
(4) Any other program that provides health care or hospital
benefits and is administered by the state.
Sec. 2. As used in this chapter, "applicant" means a person who
has applied for medical assistance for the applicant or another
person.
Sec. 3. As used in this chapter, "medical assistance" means
health care or hospital benefits received under any of the following
programs:
(1) IC 12-10-10 (community and home options to institutional
care for the elderly and disabled program).
(2) IC 12-15 (Medicaid).
(3) IC 12-17.6 (children's health insurance program).
(4) Any other program providing health care or hospital
benefits that is administered by the state.
Sec. 4. As used in this chapter, "proposed beneficiary" means a
person who, if an application is approved, will receive medical
assistance.
Sec. 5. As used in this chapter, "recipient"means a person who
has received or is receiving medical assistance for the person or
another person.
Sec. 6. An applicant or a recipient shall identify the employer of
the proposed beneficiary or recipient of the medical assistance. If
the proposed beneficiary or recipient is not employed, the
applicant shall identify the employer of each person who is
responsible for providing any portion of the proposed beneficiary's
or recipient's support.
Sec. 7. (a) Not later than October 1 each year, the office of the
secretary shall submit to the legislative council a report listing the
employers identified by at least fifty (50) recipients who received
medical assistance during any part of the preceding fiscal year.
(b) The report required by subsection (a) must include at least
the following information for each employer:
(1) The name of the employer, including all subsidiaries of the
employer that employed at least one (1) recipient or person
who was responsible for providing any portion of a recipient's
support.
(2) The address of each location of the employer where at
least one (1) recipient or person who was responsible for
providing any portion of a recipient's support was employed.
(3) For each program of medical assistance, the number of
recipients who were:
(A) employees; or
(B) children or other dependents who identified an
employee as responsible for providing any portion of the
recipient's support.
(4) The total cost to the state of the medical assistance
provided to the recipients described in subdivision (3).
(c) The report must be submitted in an electronic format under
IC 5-14-6.
(d) The report:
(1) may not disclose any information from which the identity
of an individual recipient may be ascertained; and
(2) is subject to:
(A) the privacy standards established under the federal
Medicaid regulations; and
(B) the confidentiality provisions of the federal Health
Insurance Portability and Accountability Act of 1996 (P.L.
104-191).
(e) A report submitted under this section is a public record
subject to public inspection under IC 5-14-3. The office of the
secretary shall make the reports submitted under this section
available to the public through all appropriate means, including
the Internet.
SOURCE: IC 22-2-13; (06)IN1324.1.6. -->
SECTION 6. IC 22-2-13 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 13. Disclosure of Employer Health Care Spending
Sec. 1. This chapter applies to an employer that employs at least
one thousand (1,000) employees in Indiana.
Sec. 2. As used in this chapter, "commissioner" means the
commissioner of the department of labor created by IC 22-1-1-1.
Sec. 3. (a) As used in this chapter, "employee" means a person
employed or permitted to work or perform services for
remuneration under a contract of hire, written or oral, by an
employer, including a person who works at least half of the hours
or schedule worked by a person who is employed full-time by the
employer.
(b) The term does not include a person who works on a
temporary or seasonal basis.
Sec. 4. As used in this chapter, "employer" means an individual,
a corporation, a partnership, a limited liability company, or any
other legal entity that is legally doing business in Indiana and that
has employees.
Sec. 5. As used in this chapter, "health care benefits" means
employer provided health coverage, including coverage for medical
care, prescription drugs, vision care, medical savings accounts, or
any other health related benefit.
Sec. 6. (a) Not later than March 1 each year, an employer shall
file with the commissioner a report providing at least the
information listed in subsection (b) concerning the employer's
spending during the preceding calendar year for health care
benefits for its employees in Indiana.
(b) The report required by subsection (a) must include at least
the following information:
(1) The employer's name and address.
(2) The total dollar amount the employer spent on health care
benefits for its employees employed in Indiana during the
preceding calendar year.
(3) The amount reported under subdivision (2) expressed as
a percentage of the employer's payroll in Indiana during the
preceding calendar year.
(4) The amount reported under subdivision (2) expressed as
the average amount spent per employee employed in Indiana
during the preceding calendar year.
(c) The report may not disclose any information from which the
identity of an individual employee may be ascertained.
(d) A report submitted under this section is a public record
subject to public inspection under IC 5-14-3. The commissioner
shall make the reports submitted under this section available to the
public through all appropriate means, including the Internet.
Sec. 7. (a) The commissioner shall assess a civil penalty in an
amount not to exceed five hundred dollars ($500) against an
employer who:
(1) fails to file the report required under section 6 of this
chapter; or
(2) files a report the commissioner determines is substantially
and materially insufficient or incorrect.
(b) Each day that the report required under section 6 of this
chapter is late is considered a separate violation for purposes of
assessing a civil penalty under this section.
(c) Civil penalties collected under this section shall be deposited
in the state general fund.
SOURCE: ; (06)IN1324.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2006] (a) Notwithstanding
IC 12-8-15-7 as added by this act, the office of the secretary of
family and social services established by IC 12-8-1-1 shall submit
the first report under IC 12-8-15-7(a), as added by this act, not
later than October 1, 2007.
(b) This SECTION expires December 31, 2007.
SOURCE: ; (06)IN1324.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2006]
(a) Notwithstanding
IC 22-2-13-6, as added by this act, an employer shall submit the
first report under IC 22-2-13-6(a), as added by this act, not later
than March 1, 2007.
(b) This SECTION expires June 30, 2007.