June 18, 2018

On behalf of the Indiana State Department of Health (ISDH), I am submitting this notice in compliance with IC 4-22-2-19, which requires an agency to begin the rulemaking process for new rules not later than 60 days after the effective date of the statutes that authorize the rule, unless a notice is filed with the Publisher that includes the reasons why rulemaking began more than 60 days after the effective date.

The statutory authority for rulemaking that requires ISDH to promulgate rules to implement a program for grants for veterans' services concerning hyperbaric oxygen treatment is IC 10-17-13.5-6.

ISDH did not begin the formal rulemaking process within 60 days of the authorizing statute because ISDH needed time to thoughtfully develop the pilot program required by the legislation. The proposed rule was submitted to the Office of Management and Budget on September 29, 2017, to obtain an exception to the rulemaking moratorium before ISDH could begin the rulemaking process. We received moratorium approval November 21, 2017.

ISDH began the rulemaking process by publishing a Notice of Intent on November 29, 2017 (DIN: 20171129-IR-410170564NIA), and anticipates the rule to be approved within the one year deadline under IC 4-22-2-25(a).

Kelly MacKinnon

Deputy Director, Office of Legal Affairs

Indiana State Department of Health