TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH
Final Rule
LSA Document #07-488(F)
DIGEST
Adds
410 IAC 31 to establish minimum standards for use by a small employer in establishing a wellness program to improve the health of employees of the small employer and to establish criteria and a process for certification and recertification of a small employer's wellness program for purposes of
IC 6-3.1-31.2. Effective 30 days after filing with the Publisher.
SECTION 1.
410 IAC 31 IS ADDED TO READ AS FOLLOWS:
ARTICLE 31. SMALL EMPLOYER QUALIFIED WELLNESS PROGRAM
Rule 1. Definitions
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 1. The definitions in this rule apply throughout this article.
(Indiana State Department of Health; 410 IAC 31-1-1; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 2. "Certification" means the approval of a wellness program by the state department.
(Indiana State Department of Health; 410 IAC 31-1-2; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 3. "Employee" means a full-time employee who is employed to work at least thirty (30) hours each week.
(Indiana State Department of Health; 410 IAC 31-1-3; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
(Indiana State Department of Health; 410 IAC 31-1-4; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 5. "State department" refers to the state department of health.
(Indiana State Department of Health; 410 IAC 31-1-5; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
410 IAC 31-1-6 "State health commissioner" defined
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 6. "State health commissioner" means the state health commissioner of the state department.
(Indiana State Department of Health; 410 IAC 31-1-6; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 7. "Wellness program" means a plan designed to improve the health of employees of a small employer that addresses the following:
(1) Appropriate weight loss.
(2) Smoking cessation.
(3) The pursuit of preventative health care services.
(Indiana State Department of Health; 410 IAC 31-1-7; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Rule 2. Wellness Program Certification
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 1. The state department may organize an advisory committee for the purpose of advising the state health commissioner on the certification of wellness programs. The state health commissioner or a designee will serve as an ex officio member.
(Indiana State Department of Health; 410 IAC 31-2-1; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
410 IAC 31-2-2 Written description of wellness program
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 2. Before the state department may consider a wellness program for certification, a written description must be submitted electronically to the state department that includes detailed information about each of the following required components of a wellness program:
(1) Educational materials that provide information to employees about the following health topics:
(A) Appropriate weight loss.
(B) Smoking cessation.
(C) Preventative health care services.
(2) Assessments that serve as a means of evaluating the health status of employees in each of the following areas:
(A) Appropriate weight loss.
(B) Smoking cessation.
(C) The pursuit of preventative health care services.
(3) A rewards program that provides incentives for motivating employees in each of the following areas:
(A) Appropriate weight loss.
(B) Smoking cessation.
(C) The pursuit of preventative health care services.
(4) A measurement tool that evaluates the success and validity of the wellness program in each of the following areas:
(A) Appropriate weight loss.
(B) Smoking cessation.
(C) Preventative health care services.
(Indiana State Department of Health; 410 IAC 31-2-2; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-19-5-1;
IC 16-46-13
Sec. 3. The state department may request supporting documentation to be submitted either with the written description or after reviewing the written description. The state department will not certify a wellness program until all such documentation is submitted to the satisfaction of the state department.
(Indiana State Department of Health; 410 IAC 31-2-3; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
410 IAC 31-2-4 Wellness program submission deadline
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 4. Wellness programs must be submitted to the state department by October 1 to be considered for certification in the year of submission. Wellness programs submitted after October 1 will be considered for certification in the year following submission.
(Indiana State Department of Health; 410 IAC 31-2-4; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
410 IAC 31-2-5 Recertification of wellness program
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 5. To maintain certification of a wellness program, small employers must recertify annually by October 1 that the wellness program is the same program that was certified by the state department in the prior year. The state department may request supporting documentation before recertifying a wellness program.
(Indiana State Department of Health; 410 IAC 31-2-5; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 6. After a wellness program is certified by the state department, if the submitting business or organization is a small employer, the state department shall issue a written certificate for purposes of IC 6-3.1-31.2-9. The written certificate expires on December 31 of the calendar year in which it is issued.
(Indiana State Department of Health; 410 IAC 31-2-6; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
410 IAC 31-2-7 Cooperation with department of state revenue
Authority:
IC 16-19-3-5;
IC 16-46-13
Sec. 7. The statement department may provide a list of all small employers that have received certification to the department of state revenue.
(Indiana State Department of Health; 410 IAC 31-2-7; filed Oct 30, 2008, 4:04 p.m.: 20081126-IR-410070488FRA)
Hearing Held: June 19, 2008
Approved by Attorney General: October 28, 2008
Approved by Governor: October 30, 2008
Filed with Publisher: October 30, 2008, 4:04 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Jamie Delaney, Assistant Director, Indiana Governor's Council for Physical Fitness & Sports, 2 N. Meridian St., 5M, Indianapolis, IN 46204, (317) 234-2923, jdelaney@isdh.in.gov
Posted: 11/26/2008 by Legislative Services Agency
DIN: 20081126-IR-410070488FRA
Composed: May 03,2024 2:28:27AM EDT
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