Rep. Becky Cash

Changes the name of the bureau of developmental disabilities services to the bureau of disabilities services. Removes certain members from the 211 advisory committee. Repeals Medicaid copayment provisions that: (1) require the office of the secretary of family and social services (office) to apply a copayment for certain Medicaid services; (2) require a recipient to make a copayment upon the receipt of services and for a provider not to voluntarily waive a copayment; (3) set forth exemptions from copayment requirements; and (4) require the provider to charge the maximum allowable copayment. Allows for an enrollment fee, a premium, a copayment, or a similar charge to be imposed as a condition of an individual's eligibility for the healthy Indiana plan and the children's health insurance program. Removes a prohibition on the office from: (1) requiring certain providers to submit non-Medicaid revenue information in the provider's annual historical financial report; and (2) only requesting balance sheets from certain providers that apply directly to the provider's facility. Allows the office to implement an end of therapy reclassification methodology in a successor of the RUG-IV, 48-Group model for payment of nursing facility services.

Provides that, subject to certain procedures and requirements, the office of the secretary of family and social services may apply to the United States Department of Health and Human Services: (1) for a Medicaid state plan amendment, a waiver, or an amendment to an existing waiver to require reimbursement for eligible certified community behavioral health clinic services; or (2) to participate in the expansion of a community mental health services demonstration program. Requires the division of mental health and addiction to establish and maintain a help line: (1) to provide confidential emotional support and referrals to certain resources to individuals who call the help line; and (2) that is accessible by calling a toll free telephone number. Establishes the Indiana behavioral health commission (commission) and sets forth the commission's membership. Changes the name of the "9-8-8 crisis hotline center" to "9-8-8 crisis response center". Makes conforming changes.

Provides that beginning July 1, 2023, a primary care physician and an employer may not enter into a noncompete agreement. Provides that beginning July 1, 2023, a physician noncompete agreement is not enforceable if any of the following circumstances occur: (1) The employer terminates the physician's employment without cause. (2) The physician terminates the physician's employment for cause. (3) The physician's employment contract has expired and the physician and employer have fulfilled the obligations of the contract. Specifies a process by which a physician or employer may pursue mediation to determine a reasonable price to purchase a release from a noncompete agreement.

Provides that, if a school corporation or qualified school uses a third party vendor in providing certain personal analyses, evaluations, or surveys, the third party vendor and the school corporation or qualified school may not record, collect, or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Provides that, if a school corporation or qualified school uses a third party vendor in providing the personal analysis, evaluation, or survey, the school corporation or qualified school must provide parents or students, as applicable, two requests for written consent before administering the analysis, evaluation, or survey. Provides that the school corporation or qualified school may administer the personal analysis, evaluation, or survey if a parent or student, as applicable, does not decline the analysis, evaluation, or survey. Requires each school corporation or qualified school to: (1) post a copy of a personal analysis, evaluation, or survey on the school corporation's or qualified school's website; and (2) send with each notice an explanation of the reasons that the school corporation or qualified school is administering the personal analysis, evaluation, or survey. Requires each qualified school to establish and maintain a grievance procedure for complaints regarding a violation of this provision. Provides that, if a state agency, school corporation, or qualified school or an employee of a state agency, school corporation, or qualified school requires, makes part of a course, awards a grade or course credit, or otherwise incentivizes a student to engage in: (1) political activism; (2) lobbying; or (3) efforts to persuade members of the legislative or executive branch at the federal, state, or local level; the state agency, school corporation, or qualified school or the employee of the state agency, school corporation, or qualified school shall not require the student to adopt, affirm, affiliate, or take any action that would result in favoring any particular position on the issue or issues involved without offering an alternative option for the student to complete the assignment or receive extra credit or other incentivization that allows for the favoring of an alternative position. After June 30, 2023, requires certain contracts between a school corporation or a qualified school and a third party vendor concerning a personal analysis, survey, or evaluation to contain a breach of contract provision. Requires schools to adopt policies and procedures concerning material alleged to be obscene or harmful to minors. Removes schools from the list of entities eligible for a specified defense to such criminal prosecutions.

Provides that discipline rules adopted by the governing body of a school corporation must include timetables for reporting bullying incidents to parents of both the targeted student and the alleged perpetrator in an expedited manner that is not later than five business days after the incident is reported. (Current law provides that discipline rules adopted by the governing body of a school corporation must include timetables for reporting bullying incidents to parents of both the targeted student and the bully in an expedited manner.) Provides that discipline rules adopted by the governing body of a school corporation: (1) must include provisions that require a school to prioritize the safety of the victim; (2) may include provisions to determine: (A) the severity of an incident of bullying; and (B) whether an incident of bullying may warrant the transfer of the victim or the alleged perpetrator to another school in the school corporation; and (3) must include policies to allow a parent of a child in the school corporation to review any materials used in any bullying prevention or suicide prevention program. Requires public schools to document acts of bullying and abusive behaviors against a victim and committed by a verified perpetrator.

Specifies certain entities, actions taken, or factors considered to which the ESG commitment provisions do not apply. Provides that if the treasurer of state concludes that the service provider has made an ESG commitment, the treasurer of state shall provide the name of the service provider and research supporting the conclusion to the board of trustees of the Indiana public retirement system (board). Prohibits the board from making an investment decision with the purpose of influencing any social or environmental policy or attempting to influence the governance of any corporation for nonfinancial purposes. Prohibits the Indiana public retirement system (system) from making an ESG commitment with respect to system assets. Provides that in making and supervising investments of the system, the board shall discharge its duties solely in the financial interest of the participants and beneficiaries of the system for the exclusive purposes of providing financial benefits to participants and beneficiaries and defraying reasonable expenses of administering the system. Provides that the board, in accordance with certain fiduciary duties, shall make investment decisions with the primary purpose of maximizing the target rate of return on the board's investments. Prohibits the board from entering a contract or modifying, amending, or continuing a contract with a service provider that has made an ESG commitment unless taking the action violates the board's fiduciary duty to the system's participants and beneficiaries. Requires the board to continue contracting with a service provider that has made an ESG commitment if the board determines that there is not a comparable service provider to replace the service provider. Requires the board to, at least annually, tabulate and report all proxy votes made by a service provider that is not a private market fund in relation to the administration of the system. Specifies certain persons and entities that are immune from civil liability and entitled to indemnification. Requires the board to: (1) ensure that reasonable efforts are made during the due diligence process before an investment is made and in monitoring investments in the public employees' defined contribution plan, an annuity savings account for the public employees' retirement fund or the Indiana state teachers' retirement fund, the teachers' defined contribution plan, the legislators' defined contribution plan, and a private market fund to determine whether any investments would violate the requirement that the board discharge its duties solely in the financial interest of the participants and beneficiaries of the system; and (2) take appropriate action, if necessary, consistent with the board's fiduciary duties. Defines terms and makes conforming amendments.

Exempts military pay for members of a reserve component of the armed forces of the United States or the national guard from the individual income tax. (Current law provides an individual income tax exemption for members of a reserve component of the armed forces of the United States or the national guard for the period the member is mobilized and deployed.) Exempts military pay earned by members of an active component of the armed forces of the United States from the individual income tax. (Current law exempts from the individual income tax the military pay earned by members of the National Guard and reserve components of the armed forces of the United States while serving on active duty.)

Requires a school corporation, charter school, or nonpublic school to consider using a more comprehensive expanded criminal history background check for employment. Repeals current law concerning a school corporation or charter school's employment of, or contracting with, certain individuals, and establishes a new section that: (1) prohibits a school corporation, charter school, or state accredited nonpublic school from employing or contracting with specified individuals; (2) after June 30, 2023, allows a school corporation, charter school, or state accredited nonpublic school to employ or contract with certain other individuals with a majority vote of the school board, or the equivalent for a charter school, or with a notification of the appointing authority. Specifies that "misconduct" includes certain specified acts. Requires a school corporation, charter school, or state accredited nonpublic school that receives a reference request from another school to disclose specified incidents to the requesting school. Makes conforming changes.

Amends the statute prohibiting the use of public funds to purchase equipment or services produced or provided by certain prohibited persons determined to be a national security threat to communications networks or supply chains to also prohibit the use of public funds to purchase communications equipment or service that is: (1) determined under specified federal regulations to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons; and (2) included on the covered list published, maintained, and updated by the federal Public Safety and Homeland Security Bureau on the website of the Federal Communications Commission. Provides that the governor may, at any time, and in consultation with the executive director of the department of homeland security, designate a country as a threat to certain critical infrastructure located in Indiana. Provides that after June 30, 2023, a specified qualified entity may not enter into an agreement relating to critical infrastructure with a company if: (1) under the agreement, the company would be able to directly or remotely access or control of a critical infrastructure or a cybersecurity system of a critical infrastructure; and (2) the company is: (A) owned or controlled by citizens of (or a company or entity owned or controlled by citizens or the government of) China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor; or (B) headquartered in China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor. Provides that after June 30, 2023, a prohibited person may not purchase, lease, or acquire a parcel of real property that is directly adjacent to a military installation. Provides that the attorney general may investigate the purchase, lease, or acquisition of real property upon receipt of a complaint. Provides that the attorney general shall enforce a violation by commencing a receivership proceeding and selling the property through the receivership.

Provides that a unit may not regulate behavioral health and human services that are: (1) licensed or certified; or (2) exempted from licensure or certification; by the behavioral health and human services licensing board.