Indiana

Honoring the Hosea Family on the occasion of the 31st Biennial Hosea Family Reunion. A CONCURRENT RESOLUTION honoring the Hosea Family on the occasion of the 31st Biennial Hosea Family Reunion.

Health care matters. Prohibits: (1) the state employee health plan; (2) the Medicaid program; (3) an accident and sickness insurance policy; and (4) a health maintenance organization individual or group contract; from imposing a time limit on the amount of anesthesia time for a medical procedure or otherwise restricting or excluding coverage or payment of anesthesia time. Modifies the definitions of "charity care" and "community benefits" for purposes of certain hospital reporting requirements. Requires additional reporting of information by nonprofit hospitals to the Indiana department of health (state department). Requires the report to be posted on the nonprofit hospital's website and the state department's website. Increases the penalty for failure to file the report and changes the time frame in which the penalty may be assessed. Specifies that any penalty be deposited in the local public health fund. Allows for certain practitioners to provide neuroplastogen treatment concerning qualified patients with life threatening conditions if certain requirements are met. Allows for research to be conducted on neuroplastogen access. Requires reporting of adverse events and annual reporting of patient statistical information concerning the neuroplastogen treatment. Provides for immunity when treating using neuroplastogens. Requires a clinical peer to disclose certain information for a peer to peer review of an adverse determination. Prohibits a utilization review entity from using artificial intelligence as the primary means for making adverse determinations. Prohibits a health insurer from engaging in certain downcoding practices and sets forth conditions for downcoding a claim. Authorizes the department of insurance to enforce the downcoding requirements and impose certain penalties for a violation. Prohibits an insurer, pharmacy benefit manager, or other administrator of pharmacy benefits from designating a prescription drug as a specialty drug unless certain conditions are met.

Accelerated graduate degree programs. Requires each state educational institution that offers a two year graduate degree program in mental or behavioral health to evaluate the graduate degree program to determine the feasibility of providing the program in a specifically structured manner to allow full-time students to complete the program within: (1) one year; or (2) five years if the program is combined with a baccalaureate degree program. Requires certain state educational institutions to offer at least one graduate degree program in one or more certain disciplines that is structured to allow full-time students to complete the program within: (1) one year; or (2) five years if the program is combined with a baccalaureate degree program. Requires certain state educational institutions to report to the commission for higher education (commission) regarding the graduate degree programs. Requires the commission to post the submitted reports on the commission's website.

Police pension matters. Extends eligibility for supplemental pension benefits and incentive increases to employee beneficiaries of the state police 1987 benefit system. (Current law provides eligibility to employee beneficiaries under the state police pre-1987 benefit system.) Modifies the: (1) terms of eligibility for; and (2) calculation of; supplemental pension benefits and incentive increases. Provides that first time payments of and increases to supplemental pension benefits shall be paid or commence beginning in July of each year. Makes changes to the definition of a "school resource officer" for provisions relating to the 1977 police officers' and firefighters' pension and disability fund (1977 fund). Provides that a school police department may participate in the 1977 fund. Establishes requirements for establishing a local board for school police departments. Provides that an appointing authority shall waive the age restriction for a school resource officer for purposes of the 1977 fund if certain conditions are met. Provides that a school corporation or charter school that employs a school resource officer must enter into a contract or memorandum of understanding with a local law enforcement agency for the purpose of complying with the reporting and payment requirements for purposes of the 1977 fund. Makes conforming amendments.

Various mental health and insurance matters. Prohibits the use of an artificial intelligence system to impersonate or act as a substitute for a licensed mental health professional. Requires the department of insurance to contract with an objective third party to verify that health carriers are in compliance with network adequacy standards. Sets forth notice requirements for an amendment to a health provider contract. Prohibits the use of downcoding in a specified manner. Requires an insurer and a health maintenance organization to reimburse providers of mental illness or substance abuse services at rates that are at least as favorable relative to Medicare rates as reimbursement rates are for providers of medical or surgical services relative to Medicare rates. Prohibits an insurer and a health maintenance organization from retroactively auditing a paid claim or seeking recoupment or a refund of a paid claim after a certain time frame. Sets forth a limitation on the amount that an insured or enrollee may be charged for receiving mental and behavioral care services from an out of network provider under certain circumstances.

Student water safety. Requires public schools, including charter schools, to present an informational video on water safety to students enrolled in kindergarten through grade 12. Requires the department of education to approve an informational video on water safety for various grade levels.

Local public work project bidding. Provides additional considerations that a local public works board may consider in determining the lowest responsible and responsive bidder for a public work project costing at least $300,000.

Funding of prosecuting attorney operations. Establishes the public prosecution fund and a prosecuting attorney compensation fee (a court fee) of $10 for certain actions and $50 for certain actions which will be deposited in the state general fund. Provides that a county may be reimbursed for certain prosecutorial expenses from the fund, unless the prosecuting attorney in the county is a noncompliant prosecuting attorney. Requires the Indiana prosecuting attorney's council to set standards for reimbursement.

Various public safety matters. Provides that the law enforcement training board (board) shall select an executive director to serve at the pleasure of the board. Provides that a person confined to a county jail may be required to make a copayment in an amount of not more than $30 (current law is $15). Provides that a person confined to a county jail is not required to make a certain copayment if, among other things, the person does not have funds in the person's commissary account or trust account within 180 days after the service is provided (current law is 60 days). Provides that a correctional professional is considered a public safety officer for purposes of determining eligibility for line of duty death benefits. (Current law provides that a correctional officer is considered a public safety officer for determining eligibility for line of duty death benefits.) Provides a process for certain sex and sex or violent offenders to submit certain information to the department of correction (department) regarding sex offender status in other states or jurisdictions. Provides that a person who is a: (1) sex offender; or (2) sex or violent offender; shall register for the period required by another jurisdiction or the period in Indiana, whichever is longer. Repeals the integrated public safety commission. Establishes the Indiana department of emergency communications. Changes the name of the "integrated public safety communications fund" to the "emergency communications fund". Provides that if: (1) the department releases a child who is a ward of the department; and (2) the child is less than 18 years of age; the department's wardship of the child ends. Provides that if a child who is a ward of the department is released and no parent or guardian allows the child to live with them, the department must immediately notify a certain court that the child needs to be a ward of the department of child services. Provides that the department is not required to send certain notices sent by offenders within the jurisdiction of the department by registered or certified mail. Makes it a Class B misdemeanor for a person to knowingly or intentionally possess an imitation firearm: (1) in or on school property; or (2) on a school bus. Provides that the department of emergency communications shall issue a request for proposals (RFP) for the purchase, or before issuing a change order, of any communications systems and equipment by the department that may be made available to public safety agencies. Provides that the communications equipment must be compatible with existing communications equipment used by public safety agencies. Provides that proposals shall be evaluated and awarded on a competitive basis using a scoring rubric established by the department. Makes conforming changes.

Physical examinations in CHINS investigations. Provides that if the department of child services (department) receives a report of known or suspected abuse of a child who is less than five years of age, a department caseworker: (1) shall physically examine the child's head, face, arms, legs, chest, and back for bruises or contusions; and (2) if the caseworker finds evidence of abuse, shall: (A) immediately take the child into custody; (B) cause color photographs to be taken of the areas of trauma visible on the child, unless a law enforcement agency is obligated to do so; (C) cause a medical examination of the child to be performed; and (D) if medically indicated, cause a radiological examination of the child to be performed. Provides that if the department receives a report of known or suspected abuse of a child who is not less than five years of age, the department may have a: (1) health screening; or (2) medical examination; of the child conducted. Provides that the department is responsible for the cost of the health screening or medical examination.

Plug-in home solar units. Provides that electricity generated by a plug-in home solar unit is exempt from Indiana law regarding distributed generation. Prohibits an electricity supplier from requiring a customer to: (1) obtain the electricity supplier's approval before installing or using; (2) pay any fee or charge related to the customer's use of; (3) make modifications to; or (4) install additional equipment as a result of the customer's installation or use of; a plug-in home solar unit that meets specified requirements. Requires a plug-in home solar unit to incorporate functionality that, in the event of a power outage, disconnects the plug-in home solar unit from the electrical system of the building to which the plug-in home solar unit is connected. Provides that an electricity supplier is not liable for any injury or damages caused to a customer by a plug-in home solar unit.

Battery recycling. Provides that a retailer may not sell, offer for sale, or distribute for sale a covered battery or battery containing product unless: (1) the producer joins a battery stewardship organization; and (2) the battery is approved under a battery stewardship plan. Provides that a battery stewardship organization shall submit a battery stewardship plan (plan) to the Indiana department of environmental management (department) for approval. Sets out certain requirements with respect to a plan. Establishes the battery stewardship fund to cover the department's expenses in administering this act. Requires the department to publish certain information regarding battery recycling on the department's website. Provides that a battery stewardship organization may recover, under certain circumstances, all costs associated with collecting a covered battery from the producer. Allows fee based and nonfee based collection and recycling programs to operate under certain conditions. Prohibits a person from improperly recycling a covered battery. Defines certain terms. Provides that a producer and battery stewardship organization are exempt from state antitrust law with respect to planning, reporting, or operating a battery stewardship program.

Nonprofit hospital property taxes. Provides that real property purchased before July 1, 2026, directly or indirectly owned by a nonprofit hospital (other than a critical access hospital or a county hospital) is not exempt from property taxation if, after 10 years from the date of purchase of the property by the nonprofit hospital, the property directly or indirectly owned by the nonprofit hospital is not being used for the performance of revenue producing health care services by the nonprofit hospital that directly or indirectly owns the property. Provides that real property directly or indirectly owned by a nonprofit hospital purchased after June 30, 2026, is not exempt from property taxation if the property directly or indirectly owned by the nonprofit hospital is not being used for the performance of revenue producing health care services by the nonprofit hospital that directly or indirectly owns the property. Provides that the disallowance of an exemption does not apply to a parking garage, parking lot, equipment facility area, or any other similar property that actively serves a nonprofit hospital. Provides that a determination as to whether a parking garage, parking lot, equipment facility area, or any other similar property actively serves a nonprofit hospital shall be made by the board of zoning appeals with jurisdiction over the property.

Indiana emergency efficiency and resilience task force. Establishes the Indiana emergency efficiency and resilience task force (task force). Provides that the task force shall study certain topics related to disaster resilience. Requires the task force to submit a written report with specific findings and recommendations to the legislative council not later than December 1, 2026.

Public depositories. Provides that if two or fewer financial institutions that have a branch or principal office in a county or in a county contiguous to the county that is located in Indiana are willing to accept public funds, the board of finance for the county may: (1) treat the financial institutions that are located within the county or a county contiguous to the county that is located in Indiana as if the financial institutions were not located within the county or a county contiguous to the county; and (2) designate certain financial institutions to receive public funds. Makes conforming changes.

Limits on nuisance actions against racetracks. Provides that a racing facility or racetrack or any of its appurtenances is not and does not become a nuisance, public or private, within the area of the racing facility or racetrack, in an action brought by a person who purchased or improved property within the area of the racing facility or racetrack or its appurtenances after the racing facility or racetrack initially commenced operation as a racing facility or racetrack.

Retention of IURC commissioners. Provides that a commissioner of the Indiana utility regulatory commission (IURC) may serve an additional term as a commissioner only if the commissioner's retention for an additional term is approved by voters at a general election.

Criminal law matters. Provides that a person who commits a criminal offense commits a separate offense for each victim of the offense. Requires the department of correction to weekly transport sentenced offenders from the Marion County adult detention center to the appropriate correctional facility. Removes a provision allowing an automatic change of judge when a judge rejects a plea agreement in a misdemeanor case. Allows the state to appeal a sentence in a criminal case. Makes sentences nonsuspendible for: (1) crimes of violence; and (2) persons charged with a felony who have a prior felony conviction. Provides that an inmate may earn not more than six months of educational credit for participating in an individualized case management plan. Increases the penalty for invasion of privacy if the crime is committed by a person against whom domestic battery charges are pending. Provides that crimes committed against different victims during the same episode of criminal conduct do not count against the sentencing cap that applies to crimes committed as part of the same episode of criminal conduct. Specifies that persons convicted of certain crimes may not participate in a community corrections program. Increases the penalty for: (1) reckless homicide; (2) involuntary manslaughter; and (3) reckless supervision; to a Level 4 felony. Establishes the public prosecution fund and a prosecuting attorney compensation fee of $40, which will be deposited in the public prosecution fund. Provides that a county may be reimbursed for certain prosecutorial expenses from the fund, unless the prosecuting attorney in the county is a noncompliant prosecuting attorney. Requires the Indiana prosecuting attorney's council to set standards for reimbursement. Makes it malicious littering, a Class A misdemeanor, for a person to place refuse on the property of another person with the intent to cause the owner or occupant of the property to reasonably fear for their physical safety.

Income tax deduction for health insurance premiums. Provides that a taxpayer who is covered by a health insurance plan may deduct from the taxpayer's adjusted gross income an amount equal to the total amount of premiums on the health insurance plan the taxpayer paid for coverage during the taxable year.

Unmanned aerial vehicles. Makes repeated operation of an unmanned aerial vehicle (UAV) over private real property a nuisance, with both civil and criminal penalties, including an increased penalty for nuisances involving agricultural property. Provides that operating a UAV not more than 100 feet above private real property or landing the UAV on private real property is a civil trespass, with civil penalties, including an increased penalty for trespasses involving agricultural property. Creates various crimes for operating a UAV over certain places, people, or animals such as livestock. Provides that operating a UAV to collect certain data, recordings, or photographs of an individual or area of real property is a Class A misdemeanor. Provides, however, that the violation is a Level 6 felony if the subject of the data, recordings, or photographs involves certain critical infrastructure. Requires a person who operates a UAV that is at least 55 pounds to carry liability insurance, and requires the department of homeland security to develop and administer a program to verify UAV insurance compliance. Makes conforming changes.

Youth peer support program. Permits a school corporation to establish a youth peer support program (program). Requires a program to: (1) be developed in consultation with one or more local mental health organizations serving the school's geographic area; (2) utilize evidence based training models approved by the department of education; (3) include written referral protocols to school based and community based mental health services; (4) provide ongoing supervision by a school counselor, school social worker, licensed mental health professional, or qualified community partner; and (5) include safeguards to protect student confidentiality and well-being. Provides that a program may not: (1) provide clinical diagnosis or treatment; (2) be established to replace school counselors or mental health professionals; or (3) require participation by a student. Requires a school corporation to provide certain students voluntary, online mental health screenings. Establishes parameters for certain partnerships between school corporations and local mental health organizations participating in the school corporation's program. Creates the youth peer support advisory committee.

Use of SNAP benefits. Prohibits Supplemental Nutrition Assistance Program (SNAP) benefits recipients from using SNAP benefits to purchase accessory foods, including: (1) energy drinks; (2) sweetened beverages; (3) soft drinks; (4) corn or potato chips; and (5) prepared desserts, including cookies, candy, ice cream, cakes, and pies. Allows SNAP recipients to purchase hot prepared chicken that is not fried or breaded using SNAP benefits. Requires the office of the secretary of family and social services to apply for a waiver or authorization to implement the prohibition and allowance if a waiver or authorization from a federal agency is required, and allows a delay in implementation until the waiver or authorization is received. Requires the Indiana department of health (department) to include promotion of healthy eating as part of the department's promotion of health and wellness activities, including by developing and making available materials that provide guidance on purchasing and preparing healthy foods on a limited budget.

Private credit funds. Provides that after June 30, 2026, the responsible party or fund manager for a private credit fund (fund) shall deliver to: (1) an Indiana investor that has invested capital in the fund; and (2) the securities commissioner (commissioner); an investor report on at least a quarterly basis. Sets forth certain disclosures that an investor report must include. Provides that any investment information that is delivered or communicated to an Indiana investor after June 30, 2026, may not include language that positively describes the fund's risk profile unless a disclaimer is provided or the fund's assets are rated by an outside credit rating agency. Provides that the responsible party or fund manager for a fund shall, upon the written request of an Indiana investor or the commissioner, make available in writing the fund manager's policies with respect to specified investment and management practices. Requires the commissioner to adopt rules to implement and administer these provisions. Authorizes the commissioner to use any lawful means within the commissioner's authority to enforce these provisions.

Collateral recovery services. Renames the private investigator and security guard licensing board as the private investigator, security guard, and collateral recovery agency licensing board, and adds two additional members to the board. Establishes licensure for a collateral recovery agency. Requires a person to be licensed as a collateral recovery agency to repossess collateral, attempt to repossess collateral, hold one's self out as being in the business of repossessing collateral, or use license plate recognition. Provides certain requirements: (1) for an applicant seeking licensure as a collateral recovery agency; (2) for a licensee to maintain licensure; and (3) for a legal owner when personal effects are in or on the collateral at the time of repossession. Requires equipment used to repossess collateral to meet certain criteria. Makes conforming changes.

Transit development district license. Allows the alcohol and tobacco commission to issue new three-way permits: (1) that are not subject to the permit quota; and (2) within a transit development district. Requires the maximum number of new permits issued within a district to be determined by written agreement of the legislative body of the municipality within the district and the northwest Indiana regional development authority board.