Rep. Matt Lehman

Provides that a Medicare product solicitation may not be made by means of a telephone call to an individual whose principal residence is in Indiana, regardless of where the telephone call originates. Provides an exemption from this prohibition if the solicitor has an existing business relationship with the individual to whom the communication is made. Provides that a violation of this prohibition constitutes an unfair and deceptive act or practice in the business of insurance.

Appropriates $600,000 to the department of transportation (department) for the biennium beginning July 1, 2023, and ending June 30, 2025, to be used by the department to: (1) address the significant nationwide pilot shortage; (2) provide opportunities in the fields of science, technology, engineering, and mathematics (STEM); (3) provide funding to finish the interior of a new building at Indy South Greenwood Airport constructed to be used by youths in educational and training programs designed to promote aviation and careers in aviation; and (4) supply a training center associated with the educational and training programs with necessary equipment and classroom teaching aids.

Provides that a contract, bid specification, or agreement that is entered into, issued, amended, or renewed after June 30, 2023, may not contain a provision requiring an employer to have or maintain a specified experience rating. Requires the worker's compensation rating bureau of Indiana to nominate a president and submit the nominee for approval or denial to the commissioner of the department of insurance. Requires certain insurance companies that make a successful subrogation claim to revise an insured party's prior experience ratings in a specified manner. Provides exceptions. Defines terms and makes a conforming amendment.

Provides that the gasoline use tax rate during the period beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, is capped at $0.295 per gallon. Provides, however, that if the gasoline use tax rate as determined under current law for a month is less than $0.295 per gallon, the lesser tax rate shall apply. Provides a temporary sales tax exemption for six monthly billing cycles during which the sale of utilities to residential customers and the sale of intrastate telecommunication services to residential customers are exempt from the state sales tax. Defines "residential customer" for purposes of the exemption. Requires the power subsidiary or person that furnishes or sells the services to provide to each customer on the customer's billing statement a notice that the state sales tax that otherwise would be applied is not applied in accordance with the enactment of the bill. Freezes the gasoline excise tax and the special fuel tax rates beginning on the first day following the enactment into law of the bill and continuing through June 30, 2023, at the rates that were in effect on June 30, 2022. Eliminates the annual index factor during this period. Specifies that beginning July 1, 2023, the tax rates shall be determined as if the rates had not been frozen during the 2023 state fiscal year. Appropriates $17,700,000 from the state general fund to the auditor of state to make transfers to counties, cities, and towns equal to the amount of gasoline excise tax and special fuel tax that each county, city, and town would have otherwise received if the rates had not been frozen during the 2023 state fiscal year. Requires the revenue transferred to the counties, cities, and towns to be used for the purposes for which revenue from those tax rates may be used under applicable law. Appropriates an amount for transfer to the capital reserve account after June 30, 2023, based on a determination by the budget agency of the difference between: (1) $1,000,000,000; and (2) the actual fiscal impact to the state of Indiana in state fiscal year 2023 as a result of the enactment of certain provisions being proposed in Senate Bill 2 and Senate Bill 3. Appropriates $400,000,000 from the state general fund to the budget agency for transfer to the pension stabilization fund for the purposes of the pension stabilization fund.

Resolves conflicts occurring in the following: (1) SEA 37-2022 and HEA 1075-2022. (2) SEA 37-2022 and SEA 382-2022. (3) SEA 294-2022 and HEA 1296-2022. (4) HEA 1174-2022 and HEA 1314-2022. (5) SEA 119-2022 and HEA 1260-2022. (6) SEA 382-2022 and HEA 1251-2022. (7) SEA 382-2022 and HEA 1002-2022. (8) HEA 1169-2022 and HEA 1245-2022. (9) SEA 37-2022 and HEA 1245-2022. (10) SEA 356-2022 and HEA 1251-2022. (11) SEA 290-2022 and HEA 1093-2022. (12) SEA 80-2022 and HEA 1300-2022. (13) SEA 149-2022 and HEA 1260-2022. Makes technical corrections in various enrolled acts as follows: (1) Removes extraneous provisions inadvertently left in HEA 1262-2022 and HEA 1137-2022. (2) Corrects the name of the International Chiropractors Association in a provision added by SEA 239-2022. (3) Inserts a phrase inadvertently omitted from SEA 388-2022. (4) Corrects cross references in HEA 1003-2022. Specifies the general assembly's intent regarding IC 34-30-2 and conflicts occurring in SEA 5-2022, SEA 80-2022, and HEA 1260-2022.

Repeals the law that requires a person to obtain a license to carry a handgun in Indiana. Specifies that certain persons who are not otherwise prohibited from carrying or possessing a handgun are not required to obtain or possess a license or permit from the state to carry a handgun in Indiana. Prohibits certain individuals from knowingly or intentionally carrying a handgun. Creates the crime of "unlawful carrying of a handgun" and specifies the penalties for committing this crime. Allows particular individuals who do not meet the requirements to receive a handgun license and are not otherwise prohibited to carry a handgun in limited places. Allows a resident of Indiana to obtain in certain circumstances a license to carry a handgun in Indiana. Makes theft of a firearm a Level 5 felony. Defines certain terms. Makes conforming amendments and repeals obsolete provisions.

Provides that if, after the occurrence of an accident, compensation is paid for temporary total disability or temporary partial disability, then the two year limitation period to file an application for adjustment of claim begins to run on the last date for which the compensation was paid. Increases benefits for injuries and disablements by 3% each year for four years, beginning on July 1, 2023. Adds an ambulatory outpatient surgical center to the definition of "medical service facility" under the worker's compensation law. Makes certain changes to the definition of "pecuniary liability". Establishes clean claim payment requirements related to worker's compensation claims. Removes outdated language. Makes conforming amendments.

Specifies that the compliance of a practitioner and facility with federal law meets the good faith estimate requirements concerning health service costs. Reduces, from 1% to 0.15%, the lowest interest rate that an insurer may use in determining the minimum nonforfeiture amounts for an annuity contract. Provides that, as a condition of license renewal, a limited lines producer with a title insurance qualification must complete at least seven hours of continuing education in any combination of the following subjects: (1) Ethical practices in the marketing and selling of title insurance, including provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. (2) Title insurance underwriting. (3) Escrow matters. (4) Matters concerning regulation by the department of insurance. (5) Marketing and selling of title insurance. Allows a property and casualty insurance company to offer property and casualty insurance on a group basis to ten or more commercial, business, or not-for-profit entities that have a preexisting relationship to one another through a common trade, an association, an affiliation, or another organizational relationship that is separate and distinct from any group insurance arrangement of the group. Amends the definition of "health payer" for the all payer claims data base. Provides that an insurer, to operate as a farm mutual insurance company, may not have annual direct written premiums of more than $15,000,000 (instead of $10,000,000). Provides that, except for grandfathered health plans, an accident and sickness insurance policy or health maintenance organization contract must cover or provide: (1) a colorectal cancer screening test assigned either an "A" or "B" grade by the United States Preventive Services Task Force; and (2) a follow-up colonoscopy.

Amends the statute governing certificates of public convenience and necessity (certificates) that are issued by the Indiana utility regulatory commission (IURC) for the construction, lease, or purchase of electric generation facilities to require the IURC, in consultation with the department of environmental management (department), to adopt rules concerning the granting of certificates for the construction, purchase, or lease of small modular nuclear reactors: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011. Requires the IURC to adopt the rules not later than July 1, 2023. Provides that the rules adopted by the IURC must provide that in acting on a public utility's petition for a certificate for one or more small modular nuclear reactors, the IURC shall consider the following: (1) Whether, and to what extent, the one or more small modular nuclear reactors proposed by the public utility will replace a loss of generating capacity in the public utility's portfolio resulting from the retirement or planned retirement of one or more of existing electric generating facilities that: (A) are located in Indiana; and (B) use coal or natural gas as a fuel source. (2) Whether one or more of the small modular nuclear reactors will be located on the same site as or near the facility to be retired and, if so, potential opportunities for the public utility to: (A) make use of any land and existing infrastructure or facilities already owned or under the control of the public utility; or (B) create new employment opportunities for workers who have been, or would be, displaced as a result of the retirement of the existing facility. Provides that the IURC's rules must provide that the IURC may grant a certificate under circumstances and for locations other than these. Sets forth additional requirements for small modular nuclear reactors that must be included in the IURC's rules, including the requirement that the owner or operator of a proposed small modular nuclear reactor must provide evidence of a plan to apply for all licenses or permits to construct or operate the proposed small modular nuclear reactor required by the United States Nuclear Regulatory Commission, the department, or any other relevant state or federal regulatory agency. Amends the statute providing certain financial incentives for energy utilities that invest in clean energy projects by providing that, for purposes of the statute, a "clean energy project" and a "nuclear energy production or generating facility" include a small modular nuclear reactor that is constructed after June 30, 2023: (1) in Indiana for the generation of electricity to be used to furnish public utility service to Indiana customers; or (2) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011; under the rules adopted by the IURC under the bill. Defines "small modular nuclear reactor" for purposes of the bill's provisions.

Prohibits certain health insurance plans from requiring authorization for covered early intervention services under an individualized family service plan signed by an advanced practice registered nurse (APRN) or a physician assistant (PA). Changes the composition and duties of the division of disability and rehabilitative services advisory council. Repeals and relocates laws concerning: (1) rules regulating the sanitary operation of tattoo parlors and body piercing facilities; (2) allowing the executive board of the state department of health (board) to adopt rules on behalf of the state department of health (department); (3) allowing the board to adopt emergency rules; (4) sanitation of public buildings and institutions; and (5) authority to adopt rules concerning the federal Clinical Laboratory Improvement Amendments. Repeals laws concerning: (1) safety guidelines for children during bad weather conditions; (2) automated external defibrillator rules in health clubs; (3) requiring the state health commissioner (commissioner) to comment on certain rules; (4) fees for serological tests; (5) the administrative unit for special institutions; (6) protection and regulation of department property; and (7) the registry of blind persons. Removes intemperance as a reason to remove a local health officer. Specifies that the department may request the office of administrative law proceedings to designate a person to administer a proceeding. Requires the department to provide facilities and disseminate information to the public concerning oral public health. Allows the department to have a designee to maintain a 24 hour poisons answering service. Adds information on prenatal care to the department's telephone information service concerning children with long term health care needs. Changes the reference from "illegal drug use" to "substance abuse disorder" for purposes of partnership and joint ventures with the department. Requires the department to employ a licensed physician as the chief medical officer. Allows the chief medical officer to perform the functions of the commissioner when the commissioner is not available. Specifies that the state health laboratory (laboratory) must be used to support public health. Changes the title of the person who manages the laboratory. Removes certain requirements concerning the appointment of the laboratory director and chemist. Removes a requirement that a director must report to the commissioner. Requires holders of a certificate of public advantage to pay for reasonable charges incurred by the department. Provides that home health agencies may enter into cooperative agreements to carry out the following activities for the Hoosier Care Connect program: (1) To form and operate, either directly or indirectly, one or more networks of home health agencies to arrange for the provision of health care services through such networks. (2) To contract, either directly or through such networks, with the office of the secretary of family and social services, or the office's contractors, to provide: (A) services to Medicaid beneficiaries; and (B) health care services in an efficient and cost effective manner on a prepaid, capitation, or other reimbursement basis. (3) To undertake other managed health care activities. Provides that a home health agency may authorize an association, corporation, or other person to undertake or effectuate any of these activities. Requires the secretary of family and social services to oversee and supervise these activities. Changes the requirement that the department "shall" to "may" use information compiled by a public or private entity to the greatest extent possible to develop a chronic disease registry. Allows the department to issue a certificate of free sale to a business that meets certain requirements. Amends the definition of "person" for purposes of the state health improvement plan and grant program. Amends the definition of "deaf or hard of hearing" for purposes of the laws governing language development for children who are deaf or hard of hearing. Changes the membership on the Indiana board of pharmacy. Removes the requirement that a qualifying pharmacist is responsible for the legal operations of a pharmacy. Amends references to certain pharmacy school accreditation organizations. Specifies responsibilities of pharmacists concerning duties previously responsible by a qualifying pharmacist. Allows a qualified pharmacy technician to administer immunizations delegated by the pharmacist. (Current law allows pharmacy technicians to administer influenza and coronavirus disease immunizations.) Amends requirements for remote pharmacies. Adds an exception to the definition of "wholesale distribution" for prescription drugs. Authorizes an APRN to sign an order or referral for physical therapy. Requires a health insurance plan to provide coverage for diabetes self-management training ordered by an APRN or PA. Provides that a county coroner may not certify the cause of death for certain infants as a sudden unexplained infant death until a comprehensive death investigation is performed. Makes conforming changes.