Indiana Bills

Requires an insurer, a pharmacy benefit manager, or any other administrator of pharmacy benefits to ensure that a network utilized by the insurer, pharmacy benefit manager, or other administrator is reasonably adequate and accessible and file an annual report regarding the network with the commissioner of the department of insurance (commissioner). Sets forth certain limitations and requirements with respect to the provision of pharmacy or pharmacist services under a health plan. Allows any insured, pharmacy, or pharmacist impacted by an alleged violation to file a complaint with the commissioner. Provides that the commissioner may order reimbursement to any person who has incurred a monetary loss as a result of a violation. Requires, if a pharmacy benefit manger is used with regard to a state employee health plan, the state personnel department to either create a pharmacy benefit manager or contract with an insurer, a pharmacy benefit manager, or other administrator. Prohibits a third party administrator from: (1) requiring, as a condition of a plan sponsor entering into a contract with the third party administrator, that the plan sponsor enter into a contract with a particular pharmacy benefit manager; or (2) charging a different fee for services provided by the third party administrator to a plan sponsor based on the plan sponsor's selection of a particular pharmacy benefit manager. Urges the legislative council to assign to the appropriate study committee the task of studying the topic of contracts for pharmacy benefit coverage under the Medicaid program and a state employee health plan.

Requires an insurer, an administrator, and a pharmacy benefit manager to apply the annual limitation on cost sharing set forth in the federal Patient Protection and Affordable Care Act under 42 U.S.C. 18022(c)(1) to prescription drugs that: (1) are covered under a health plan; (2) are life-saving or intended to manage chronic pain; and (3) do not have an approved generic version. Provides that an insurer, an administrator, and a pharmacy benefit manager may not directly or indirectly set, alter, implement, or condition the terms of health insurance coverage based in part or entirely on information about the availability or amount of financial or product assistance available for a prescription drug. Requires, before December 31 of each year, each insurer and administrator to certify to the insurance commissioner that the insurer or administrator has fully and completely complied with the cost sharing requirements during the previous calendar year. Requires a health plan to credit toward a covered individual's deductible and annual maximum out-of-pocket expenses any amount the covered individual pays directly to any health care provider for a medically necessary covered health care service if a claim for the health care service is not submitted to the health plan and the amount paid by the covered individual to the health care provider is less than the average discounted rate for the health care service paid to a health care provider in the health plan's network. Requires a health plan to: (1) establish a procedure by which a covered individual may claim a credit; and (2) identify documentation necessary to support a claim for a credit.

Provides that, if a school provides instruction on human sexuality or sexually transmitted infections, the instruction must include instruction concerning consent to sexual activity and a presentation on human growth and development during pregnancy. Provides that a school maintained by a school corporation may not use curricular materials to provide instruction on human sexuality that have not been approved by the governing body of a school corporation. Requires a school corporation to include certain information concerning instruction on human sexuality in the written consent forms provided to a parent of a student or a student, if the student is an adult or an emancipated minor, before the student may receive instruction on human sexuality. Requires the governing body of a school corporation to publish a list of materials used in connection with instruction on human sexuality on the school's website and to include a link to the list of materials on electronically formatted written consent forms. Replaces references to "sexually transmitted diseases" with "sexually transmitted infections". Makes conforming changes.

Requires IDEM to: (1) perform a comprehensive evaluation of ambient air quality within nonattainment areas in Indiana; and (2) identify air pollution reduction or regulatory relief strategies that could accomplish certain goals with respect to the federal Clean Air Act.

Requires a petition of nomination for a school board office to state one of the following: (1) The candidate's political party affiliation. (2) That the candidate is an independent candidate. (3) That the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that unless a candidate who states a political party affiliation is challenged, the candidate's statement must be indicated on the ballot. Provides that the name of a candidate for school board office who does not run in affiliation with a political party or as an independent candidate must be printed with a blank space after the candidate's name signifying that the candidate elects not to disclose any affiliation with a political party or that the candidate is not affiliated with a political party and does not identify as an independent candidate. Specifies that a straight party vote does not count for any candidate for a school board office. Requires a school board vacancy to be filled by: (1) a caucus if the vacating member stated an affiliation with a major political party; and (2) the remaining members of the governing body if the vacating member did not state an affiliation with a major political party. Modifies the annual amount that the governing body of a school corporation may pay a member of the governing body from $2,000 (under current law) to an amount not to exceed 10% of the lowest starting salary of a teacher employed by the school corporation.

Provides that a signal jammer may be seized. Provides that a person who knowingly or intentionally manufactures, offers for sale, imports, markets, sells, possesses, uses, or operates a signal jammer commits unlawful use of a signal jammer, a Level 6 felony. Provides that the offense is a Level 5 felony if a signal jammer is used to disrupt a component of a critical infrastructure facility or the communications of a public safety agency. Provides, for purposes of criminal statutes regarding offenses involving critical infrastructure, that a communications services facility includes wires and equipment used to provide communications service to a customer.

Provides a credit against state tax liability for expenses incurred in the manufacture of a small modular nuclear reactor (SMR) in Indiana. Establishes procedures under which certain energy utilities may request approval for one or more of the following from the Indiana utility regulatory commission (IURC): (1) An expedited generation resource plan (EGR plan) to meet customer load growth that exceeds a specified threshold. (2) A generation resource submittal for the acquisition of a specific generation resource in accordance with an approved EGR plan. (3) A project to serve one or more large load customers. Sets forth: (1) the requirements for approval of each of these types of requests; (2) standards for financial assurances by large load customers; and (3) cost recovery mechanisms for certain acquisition costs or project costs incurred by energy utilities. Amends the statute concerning public utilities' annual electric resource planning reports to the IURC to provide that for an annual report submitted after December 31, 2025, a public utility must include information as to the amount of generating resource capacity or energy that the public utility plans to retire or refuel with respect to any electric generation resource of at least 125 megawatts. Provides that for any planned retirement or refueling, the public utility must include, along with other specified information, information as to the public utility's plans with respect to the following: (1) For a retirement, the amount of replacement capacity identified to provide approximately the same accredited capacity within the appropriate regional transmission organization (RTO) as the capacity of the facility to be retired. (2) For a refueling, the extent to which the refueling will maintain or increase the current generating resource accredited capacity or energy that the electric generating facility provides, so as to provide approximately the same accredited capacity within the appropriate RTO. Requires IURC staff to prepare a staff report for each public utility report that includes a planned electric generation resource retirement. Provides that if, after reviewing a public utility's report and any related staff report, the IURC is not satisfied that the public utility can satisfy both its planning reserve margin requirement and the statute's prescribed reliability adequacy metrics, the IURC shall conduct an investigation into the reasons for the public utility's inability to meet these requirements. Provides that if the public utility's report indicates that the public utility plans to retire an electric generating facility within one year of the date of the report, the IURC must conduct such an investigation. Provides that: (1) a public utility may request, not earlier than three years before the planned retirement date of an electric generation facility, that the IURC conduct an investigation into the planned retirement; and (2) if the IURC conducts an investigation at the request of the public utility within that three year period, the IURC may not conduct a subsequent investigation that would otherwise be required under the bill's provisions unless the IURC is not satisfied that the public utility can satisfy both its planning reserve margin requirement and the statutory reliability adequacy metrics as of the time the investigation would otherwise be required. Provides that if a CPCN is granted by the IURC for a facility intended to repower or replace a generation unit that is planned for retirement, and the CPCN includes findings that the project will result in at least equivalent accredited capacity and will provide economic benefit to ratepayers as compared to the continued operation of the generating unit to be retired, the CPCN constitutes approval by the IURC for purposes of an investigation that would otherwise be required. Provides that if, after an investigation, the IURC determines that the capacity resources available to the public utility will not be adequate to allow the public utility to satisfy both its planning reserve margin requirements and the statute's prescribed reliability adequacy metrics, the IURC shall issue an order: (1) directing the public utility to acquire or construct; or (2) prohibiting the retirement or refueling of; such capacity resources that are reasonable and necessary to enable the public utility to meet these requirements. Provides that if the IURC does not issue an order in an investigation within 120 days after the initiation of the investigation, the public utility is considered to be able to satisfy both its planning reserve margin requirement and the statutory reliability adequacy metrics with respect to the retirement of the facility under investigation. Provides that if the IURC issues an order to prohibit the retirement or refueling of an electric generation resource, the IURC shall create a sub-docket to authorize the public utility to recover in rates the costs of the continued operation of the electric generation resource proposed to be retired or refueled, subject to a finding by the IURC that the continued costs of operation are just and reasonable. Makes a technical change to another Indiana Code section to recognize the redesignation of subsections within the section containing these provisions.

Increases the penalty levels of crimes related to fentanyl. Provides that a court shall consider requiring certain persons charged with a crime of domestic violence to wear a monitoring device as a condition of bail. Requires that a bail hearing for a violent arrestee or a repeat violent arrestee be held in open court and provides that before releasing a violent arrestee or a repeat violent arrestee on bail the court must review the probable cause affidavit or arrest warrant and impose money bail payable by surety bond or cash deposit. Provides that in accordance with IC 27-10-2-4.5(g)(2), a charitable bail organization may not pay money bail on behalf of a violent arrestee or a repeat violent arrestee. Makes conforming changes.

Amends the definition of "motor vehicle" for purposes of dealer services provisions governing unfair practices and the succession to franchise by designated family members. Amends the definition of "trailer" for certain instances. Specifies that the requirement that a dealer have an established place of business does not apply to a dealer selling trailers, unless the dealer is required to be licensed for any other purpose. Provides that a dealer selling trailers does not have to file certain information with the secretary of state.

Provides that if a person changes the exterior color or appearance of their passenger vehicle from the color listed in the vehicle's registration through certain methods, the person must apply to amend their vehicle registration, and that a law enforcement officer shall issue a warning to a person who does not update the person's registration to reflect the color changes. Provides that a person commits a Class C misdemeanor if the person changes the color of a passenger vehicle after it was used in the commission of a crime and fails to amend the vehicle registration. Requires the BMV to require a person renewing a registration to indicate if the vehicle's color has changed.

Requires the department of environmental management (department) to conduct an onsite inspection of a confined feeding operation (CFO) once within 45 days of an initial approval and once within 90 days of a renewal of an approval to verify compliance with certain requirements. Allows the department to conduct complaint based onsite inspections of a confined feeding operation at the department's discretion without providing notice. Provides that the department may delay an inspection of a CFO if the department determines that the additional time is needed to comply with the biosecurity procedures developed by the department. Provides that additional onsite inspections of a CFO may be conducted if there is a substantial need for the inspection. Provides that an onsite inspection of a CFO must be conducted in compliance with certain rules and procedures. Makes conforming amendments.

Eliminates certain duplicate section headings. Defines "SECTION". Specifies when a SECTION of an act is effective. Repeals a chapter that concerns the effective date of a bill that is passed by the general assembly over the governor's veto. Removes obsolete provisions and conforms certain statutory provisions to the rules of the house and senate. Specifies that a bill passed during a regular or special legislative session must be presented to the governor within seven days of sine die adjournment. Specifies when bills passed over the governor's veto take effect.