Rep. Matt Lehman

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.

Amends the requirements for a physician to provide office based opioid treatment. Provides that the attorney general may issue a request for proposal to audit the prescription drug programs within the state employee health plan and the Medicaid program. Provides that the attorney general may evaluate and determine whether to include specified metrics in the request for proposal. Provides that the audit look back period must be the previous five state fiscal years. Provides that the results of the audits must be provided to the interim study committee on public health, behavioral health, and human services before September 1, 2024. Provides that a practitioner is not required to obtain information about a patient from the Indiana scheduled prescription electronic collection and tracking program (INSPECT) data base or through the patient's integrated health record before prescribing certain medications if the patient is enrolled in a hospice program.

Establishes the state and local tax review task force (task force). Specifies the membership of the task force and the topics the task force is required to review. Provides that the member of the task force who is an economist is appointed jointly by the president pro tempore of the senate and the speaker of the house of representatives. Provides for the selection of the chairperson and vice chairperson of the task force.

Amends the law regarding transportation network companies (TNC) to provide that, after June 30, 2024, the primary motor vehicle liability insurance coverage requirement while a TNC driver is logged on to the TNC's digital network, but is not engaged in a prearranged ride, is at least $50,000 per incident for property damage. (Under current law, the coverage requirement is at least $25,000 per incident for property damage.) Provides that, after June 30, 2024: (1) a delivery network company (DNC) driver who connects to a DNC's digital network is an independent contractor of the DNC, and the DNC is not considered to control or manage the DNC driver or to own or manage the personal vehicle used by the DNC driver to provide delivery services; but (2) the DNC driver, or the DNC on the DNC driver's behalf, is required to maintain primary motor vehicle insurance meeting certain requirements on the DNC driver's personal vehicle. Establishes different minimum insurance coverage requirements for a delivery available period than for a delivery service period. Provides that if motor vehicle insurance maintained by a DNC driver lapses or does not provide the required coverage: (1) motor vehicle insurance maintained by the DNC must provide the required coverage beginning with the first dollar of a claim; and (2) the DNC's insurer has a duty to defend the claim. Provides that coverage under a DNC insurer's policy may not be dependent on the denial of a claim by the DNC driver's insurer. Requires a DNC driver, in the event of an accident, upon request, to provide proof of required insurance coverage and to disclose whether the accident occurred during a delivery available period or a delivery service period. Requires a DNC to make certain disclosures in writing to a prospective DNC driver. Authorizes an insurer writing motor vehicle insurance in Indiana to exclude coverage on a personal vehicle owned or operated by a DNC driver for loss or injury occurring during a delivery available period or a delivery service period. Requires a DNC's insurer to assume primary liability for a claim arising from an accident when: (1) a dispute arises as to whether the accident occurred during a delivery available period or a delivery service period; and (2) the DNC does not have, did not retain, or fails to provide precise information on when the delivery available period or delivery service period began or ended.

Establishes the health care cost oversight task force and sets forth duties of the task force. Provides a credit against state tax liability to certain physicians who have an ownership interest in a physician practice and meet other eligibility criteria. Allows a credit against the state tax liability of an employer with fewer than 50 employees if the employer has adopted a health reimbursement arrangement in lieu of a traditional employer provided health insurance plan and if the employer's contribution toward the health reimbursement arrangement meets a certain standard. Requires the office of the secretary of family and social services to research and compile data concerning Medicaid reimbursement rates for Indiana and all other states and the national reimbursement rate average. Requires the submission of a report to the health care cost oversight task force and the general assembly. Establishes the payer affordability penalty fund. Specifies additional information that a hospital must report to the Indiana department of health in the hospital's annual report and establishes a fine for a hospital that fails to timely file the report. Provides that a bill for health care services provided by certain qualified providers in an office setting must be submitted on an individual provider form. Prohibits an insurer, health maintenance organization, employer, or other person responsible for the payment of the cost of health care services from accepting a bill that is submitted on an institutional provider form. Repeals language requiring a hospital to hold a public forum. Requires the department of insurance to contract with a third party to calculate an Indiana nonprofit hospital system's prices from certain health plans for specified calendar years. Before November 1, 2024, and before November 1 each subsequent year, requires the department's third party contractor to compare certain Indiana nonprofit hospital system facility pricing information with 285% of Medicare. Requires the calculations to be submitted as a report for review. Provides that a health care provider that enters into: (1) a value-based health care reimbursement agreement; and (2) an electronic medical records access agreement; with a health plan may qualify to participate in the health plan's program to reduce or eliminate prior authorization requirements. Requires a health plan that establishes a program to reduce or eliminate prior authorization requirements to provide certain information to health care providers concerning the program. Requires a third party administrator, insurer, or health maintenance organization that has contracted with a person to administer a self-funded insurance plan or a fully insured group plan to provide claims data to the person not later than 15 days from a request for the data. Specifies certain claims data to be provided and establishes a fine for a failure to timely provide the claims data. Requires the all payer claims data base advisory board to discuss specified issues concerning reimbursement rates. Allows for the provisional credentialing of physicians who establish or join an independent primary care practice.

Allows a city or town to designate an outdoor location as a refreshment area with the approval of the alcohol and tobacco commission (commission). Provides that if a refreshment area is approved, the commission designates retailer permittees that may sell alcoholic beverages for consumption within the refreshment area. Prohibits a refreshment area from being located near a school or church unless the school or church does not object. Allows a minor to be within the refreshment area. Adds language providing that a person entering a licensed premises within a refreshment area with an alcoholic beverage is not subject to criminal penalties. Makes it a Class C infraction for a participating retailer permittee or vendor to sell a person more than two alcoholic beverages at a time or an open container of an alcoholic beverage that exceeds the volume limitations. Allows a restaurant to sell or dispense alcoholic beverages from a bar located on the licensed premises that opens to an outside patio or terrace that is contiguous to the main building.

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.)

Establishes a new article in the Indiana Code concerning consumer data protection, to take effect January 1, 2026. Sets forth the following within the new article: (1) Definitions of various terms that apply throughout the article. (2) Exemptions from the bill's requirements concerning the responsibilities of controllers of consumers' personal data. (3) The rights of an Indiana consumer to do the following: (A) Confirm whether or not a controller is processing the consumer's personal data. (B) Correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller. (C) Delete the consumer's personal data held by a controller. (D) Obtain a copy or representative summary of the consumer's personal data that the consumer previously provided to the controller. (E) Opt out of the processing of the consumer's personal data for certain purposes. (4) The responsibilities of controllers of consumers' personal data. (5) The roles of controllers and processors with respect to a consumer's personal data. (6) Requirements for data protection impact assessments by controllers of consumers' personal data. (7) Requirements for processing de-identified data or pseudonymous data. (8) Limitations as to the scope of the new article. (9) The authority of the attorney general to investigate and enforce suspected or actual violations of the new article. (10) The preemption of local rules, regulations, and laws regarding the processing of personal data. Allows the attorney general to publish certain resources on the attorney general's website.

Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) "covered establishment" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) "third party food delivery service" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees.

A CONCURRENT RESOLUTION congratulating Tara Cocanower for being named the 2023 Indiana Teacher of the Year.