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TITLE 410 INDIANA STATE DEPARTMENT OF HEALTH

Economic Impact Statement
LSA Document #17-445


IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses
Description of the Rule
The proposed rule allows for an individual who has been medically diagnosed with a developmental disability, including autism spectrum disorder, or a parent or guardian acting on behalf of such a person, or a parent or guardian acting on behalf of such a person who is also incapacitated, to obtain a bracelet and identification (ID) card from the Indiana State Department of Health (ISDH) that indicates that the individual has been diagnosed with a developmental disability. The bracelet and/or ID card, along with the individual's state issued driver's license or ID card, may be presented to a law enforcement officer as necessary.

Economic Impact on Small Businesses
1. Estimate of the number of small businesses, classified by industry sector, that will be subject to the proposed rule.
IC 4-22-2.1-4 defines a small business as set forth in IC 5-28-2-6, which defines a small business as a business entity that satisfies the following requirements:
(1) On at least fifty percent (50%) of the working days of the business entity occurring during the preceding calendar year, the business entity employed not more than one hundred fifty (150) employees.
(2) The majority of the employees of the business entity work in Indiana.
There will be no small businesses subject to the proposed rule. Obtaining a bracelet and ID card is a voluntary process that is solely initiated by the individual who is medically diagnosed with a developmental disability or a parent or guardian acting on the individual's behalf. The bracelet and ID card will not be required to be presented in the business sector for any reason.

2. Estimate of the average annual reporting, record keeping, and other administrative costs that small businesses will incur to comply with the proposed rule.
There will be no annual reporting, record keeping, and other administrative costs that small businesses will incur to comply with the proposed rule. Obtaining a bracelet and ID card is a voluntary process that is solely initiated by the individual who is medically diagnosed with a developmental disability or a parent or guardian acting on the individual's behalf.

3. Estimate of the total annual economic impact that compliance with the proposed rule will have on all small businesses subject to the rule.
The proposed rule will have no annual economic impact on small businesses as they are not subject to the rule. Obtaining a bracelet and ID card is a voluntary process that is solely initiated by the individual who is medically diagnosed with a developmental disability or a parent or guardian acting on the individual's behalf.

4. Statement justifying any requirement or cost that is imposed on small businesses by the rule; and not expressly required by the statute authorizing the agency to adopt the rule; or any other state or federal law.
The proposed rule will not impose a cost on small businesses. Any cost associated with obtaining a bracelet and ID card will solely be imposed on the individual who has been medically diagnosed with a developmental disability or a parent or guardian acting on the individual's behalf.

5. Regulatory Flexibility Analysis
Other factors considered:
A. Establishment of less stringent compliance or reporting requirements for small businesses.
This is not applicable as small businesses are not impacted by the proposed rule.
B. Establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses.
This is not applicable as small businesses are not impacted by the proposed rule.
C. Consolidation or simplification of compliance or reporting requirements for small businesses.
This is not applicable as small businesses are not impacted by the proposed rule.
D. Establishment of performance standards for small businesses instead of design or operational standards imposed on other regulated entities by the rule.
This is not applicable as small businesses are not impacted by the proposed rule.
E. Exemption of small businesses from part or all of the requirements or costs imposed by the rule.
This is not applicable as small businesses are not impacted by the proposed rule.

Conclusion
The ISDH has determined that the implementation of the proposed rule does not impact small businesses in any way. The financial cost associated with obtaining a bracelet and ID card is the sole responsibility of the individual requesting them. The bracelet and/or ID card are not required to be presented in the business sector for any reason.

Posted: 06/06/2018 by Legislative Services Agency

DIN: 20180606-IR-410170445EIA
Composed: Apr 28,2024 10:44:58PM EDT
A PDF version of this document.