Introduced Version






SENATE BILL No. 415

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-12-7; IC 16-38-5.

Synopsis: Department of health matters. Requires local boards of health to apply to the state department of health for funding from the Indiana local health department account (account). Changes distribution of funds from the account to the state department of health. (Current law provides that the auditor of state distributes the funds.) Directs distribution of the payments to the local boards of health. (Current law provides that the funds are distributed to the counties.) Beginning January 1, 2014, requires certain providers to report immunization data to the immunization data registry within 72 hours after giving an immunization, and allows for disciplinary sanctions for failure to report immunization to the registry. (Under current law, reporting is voluntary.)

Effective: July 1, 2013.





Miller Patricia




    January 10, 2013, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 118th General Assembly (2013)


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 this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

SENATE BILL No. 415



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 4-12-7-4; (13)IN0415.1.1. -->     SECTION 1. IC 4-12-7-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) The Indiana local health department account is established within the Indiana tobacco master settlement agreement fund for the purpose of making distributions to each county to provide providing funding for services provided by local boards of health in that each county. The account consists of:
        (1) money required to be distributed to the account under subsection (b);
        (2) additional amounts, if any, that another statute requires to be distributed to the account from the Indiana tobacco master settlement agreement fund;
        (3) appropriations to the account from other sources; and
        (4) grants, gifts, and donations intended for deposit in the account.
    (b) Three million dollars ($3,000,000) of the money received by the state under the master settlement agreement during each calendar year beginning on or after January 1, 2001, shall be distributed to the

account from the Indiana tobacco master settlement agreement fund.
    (c) The account shall be administered by the state department of health. Money in the account at the end of the state fiscal year does not revert to the state general fund but remains available for expenditure.

SOURCE: IC 4-12-7-5; (13)IN0415.1.2. -->     SECTION 2. IC 4-12-7-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) A local board of health seeking to receive funding from the account established by section 4 of this chapter must file an application with the state department of health before October 1 of each year:
        (1) specifying the planned use for the funds; and
        (2) in a manner specified by the state department of health.
The state department of health may extend the deadline for filing the application required by this subsection upon a showing of good cause by the local board of health.

    (a) (b) Subject to subsection (b) (d) and subject to review by the budget committee and approval by the budget agency, on July 1 of each year the auditor of state shall distribute money from the account to each county before June 1 of each year the state department of health shall allocate money in the account to each county that has at least one (1) local board of health that has submitted an application that has been approved by the state department of health.
    (c) The distribution of money allocated for a county described in subsection (b) shall be made to the local board of health not later than January 1 of the year following the year in which the allocation is made under subsection (b). The distribution must be
in the amount determined under STEP FOUR of the following formula:
        STEP ONE: Determine the amount of money, if any, available for distribution from the account.
        STEP TWO: Subtract nine hundred twenty thousand dollars ($920,000) from the amount determined under STEP ONE.
        STEP THREE: Multiply the STEP TWO remainder by a fraction. The numerator of the fraction is the population of the county. The denominator of the fraction is the population of the state.
        STEP FOUR: Add ten thousand dollars ($10,000) to the STEP THREE product.
    (b) (d) If less than nine hundred twenty thousand dollars ($920,000) is available for distribution from the account on July 1 of any year, the amount of the distribution from the account to each county is determined under STEP TWO of the following formula:
        STEP ONE: Determine the amount of money, if any, available for distribution from the account.
        STEP TWO: Multiply the STEP ONE amount by a fraction. The

numerator of the fraction is the population of the county. The denominator of the fraction is the population of the state.

SOURCE: IC 4-12-7-6; (13)IN0415.1.3. -->     SECTION 3. IC 4-12-7-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) If only one (1) local board of health exists in a county the county fiscal body shall appropriate all has an application approved by the state department of health under this chapter, the state department of health shall make the distributions received by for the county under this chapter to that local board of health.
     (b) If more than one (1) local board of health exists in a county has an application approved by the state department of health under this chapter, the county fiscal body state department of health shall appropriate all make the distributions received by for the county under this chapter to those local boards of health in amounts determined by the county fiscal body. state department of health based on the population of the county served by the local boards of health.
SOURCE: IC 16-38-5-1; (13)IN0415.1.4. -->     SECTION 4. IC 16-38-5-1, AS AMENDED BY P.L.122-2012, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. (a) The state department may develop and shall maintain an immunization data registry to collect, store, analyze, release, and report immunization data.
    (b) Data in the immunization data registry may be used only for the following purposes:
        (1) To assure that necessary immunizations are provided and overimmunization is avoided.
        (2) To assess immunization coverage rates.
        (3) To determine areas of underimmunization and other epidemiological research for disease control purposes.
        (4) To document that required immunizations have been provided as required for school or child care admission.
        (5) To accomplish other public health purposes as determined by the state department.
    (c) The state department may adopt rules under IC 4-22-2 concerning who may input and retrieve information from the immunization data registry.
SOURCE: IC 16-38-5-2; (13)IN0415.1.5. -->     SECTION 5. IC 16-38-5-2, AS AMENDED BY P.L.122-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a) Except as provided in subsection (c), a provider, a physician's designee, a pharmacist's designee, or a person approved by the state department may provide immunization data to the immunization data registry in a manner prescribed by the state department and for the purposes allowed under this chapter. This

subsection expires December 31, 2013.
    (b) This subsection is effective January 1, 2014. Except as provided in subsection (c), a provider who is licensed under IC 25 and who is authorized within the provider's scope of practice to administer immunizations or the provider's designee shall provide immunization data to the immunization data registry:
        (1) not later than seventy-two (72) hours after providing the immunization;
        (2) in a manner prescribed by the state department; and
        (3) for the purposes allowed under this chapter.

    (b) An exemption (c) A person is exempt from providing immunization data to the immunization data registry shall be granted if:
        (1) the patient; or
        (2) the patient's parent or guardian, if the patient is less than eighteen (18) years of age;
has completed and filed a written immunization data exemption form with either the person who provides the immunization or the state department.
    (c) (d) The state department shall create and provide copies of immunization data exemption forms to:
        (1) providers who are:
            (A) licensed under IC 25; and
            (B) authorized within the provider's scope of practice to administer immunizations; and
        (2) individuals;
who request the form.
    (d) (e) The state department shall distribute, upon request, written information to be disseminated to patients that describes the immunization data registry. The written information must include the following:
        (1) That, beginning January 1, 2014, the provider may is required to report immunization data to the immunization data registry.
        (2) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18) years of age, has a right to exempt disclosure of immunization data to the registry and may prevent disclosure by signing an immunization data exemption form.
        (3) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18) years of age, may have the individual's information removed from the immunization data

registry.
        (4) Instructions on how to have the information removed.

SOURCE: IC 16-38-5-4; (13)IN0415.1.6. -->     SECTION 6. IC 16-38-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) An entity described in section 3(c) of this chapter, the state department, or an agent of the state department who in good faith provides or receives immunization information is immune from civil and criminal liability for the following:
        (1) Providing information to the immunization data registry.
        (2) Using the immunization data registry information to verify that a patient or child has received proper immunizations.
        (3) Using the immunization data registry information to inform a patient or the child's parent or guardian:
            (A) of the patient's or child's immunization status; or
            (B) that an immunization is due according to recommended immunization schedules.
    (b) A person who knowingly, intentionally, or recklessly discloses confidential information contained in the immunization data registry in violation of this chapter commits a Class A misdemeanor.
     (c) This subsection is effective January 1, 2014. A person who:
        (1) is licensed under IC 25
and authorized within the provider's scope of practice to administer immunizations;
        (2) administers an immunization to a patient for which the patient or the patient's guardian has not filed a written immunization data exemption form under section 2(c) of this chapter; and
        (3) recklessly violates or fails to comply with the reporting requirements of this chapter;
is subject to sanctions under IC 25-1-9-4(a)(3).