Sen. Ronald Grooms

Maddy summaryThis is a ceremonial Senate Resolution (SR 1) honoring Senator Brandt Hershman for his retirement after serving District 7 in the Indiana State Senate since 2000. The resolution formally expresses the Senate's gratitude for his service, highlighting his leadership roles (including Majority Floor Leader and Committee Chair) and his work on tax policy improvements. The key mechanism is directing the Senate Secretary to send a copy of the resolution to Senator Hershman and his wife. It does not create new laws or affect any policy, as it is purely a symbolic gesture of appreciation.

Provides that if a local order addresses an aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order. Provides that if a local order addresses an aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved by the county legislative body (in the case of a county health department) or by an ordinance adopted by the city legislative body and approved by the mayor (in the case of a city health department). Provides that the appointment of a county health officer is subject to the approval of the county legislative body. Adds other good cause to the reasons for which a local health officer may be removed in counties other than Marion County. Specifies that a local health officer serves until a successor is appointed and qualified. Establishes an appeals process before legislative bodies of enforcement actions taken by local boards of health and local health officers in response to declared state and local public health emergencies.

Establishes the interim study committee on child services (committee). Provides that the committee: (1) shall review the annual reports submitted by local child fatality review teams and by the statewide child fatality review committee and shall report to the legislative council regarding the committee's review of the reports; and (2) may make recommendations regarding changes in policy or statutes to improve child safety; in addition to reporting to the legislative council regarding any other issue assigned to the committee by the legislative council. Provides that a local child fatality committee may meet at the call of members of the local child fatality committee other than the county prosecutor for purposes of the first meeting of the local child fatality committee. Requires the summary information included in the department's annual report regarding child fatalities to indicate, with regard to a child fatality that was the result of abuse or neglect, whether the child was a ward of the department at the time of the event that led to the child's death. Requires the department to provide the annual report to the committee. Urges the legislative council to assign the following topics to the committee, or to another appropriate study committee, for study during the 2021 legislative interim: (1) Amending the Indiana Code to provide for a structured, limited, confidential process by which members of the general assembly may, in the regular course of legislative duties, individually request and view reports and other materials regarding cases of child abuse or neglect and child fatalities resulting from abuse or neglect, while protecting personally identifying information and confidentiality. (2) The child fatality review process, including recommendations from the department and the state department of health with regard to improving reporting and data collection. Requires a local child fatality review committee that has not held its first meeting as of the effective date of the bill to hold its first meeting not later than December 31, 2021.

Provides that an interview or negotiation conducted between the Indiana White River state park development commission (commission) and an industrial or commercial prospect may be held as an executive session. Provides that certain records related to negotiations conducted between the commission and an industrial, research, or commercial prospect are exempt from public disclosure under the Access to Public Records Act at the discretion of the commission. Provides that application information declared confidential by the Indiana economic development corporation (IEDC) is exempt from public disclosure under the Access to Public Records Act. (Under current law, only application information relating to the Indiana twenty-first century research and technology fund is exempt from public disclosure if declared confidential by the IEDC.) Removes the responsibility of the governor to appoint a president of the IEDC and provides instead that the secretary of commerce is also the president of the IEDC. Requires the IEDC to post to a transparency portal on the IEDC's Internet web site: (1) final offer of public financial resources to which the IEDC is a party; and (2) reports submitted by the IEDC to the general assembly. Provides that the IEDC acts as the small business ombudsman. (Under current law, the IEDC designates a single IEDC employee as the small business ombudsman.) Amends the definition of "lender" for purposes of the capital access program. Provides that the chairman and treasurer of the commission serve until replaced by the governor or when the member's term expires, whichever occurs earlier. Provides that the executive director of the commission is the chief administrative officer of the commission and specifies certain duties and powers of the executive officer. Deletes language concerning the composition of the real estate commission.

Requires the office of the secretary of family and social services (office) to apply for a Medicaid state plan amendment or Medicaid waiver for the following: (1) Reimbursement of Medicaid rehabilitation option services for a Medicaid eligible recipient who is undertaking an initial assessment, intake, or counseling in a community mental health center. (2) Reimbursement for Medicaid rehabilitation option services concurrently with reimbursement under the residential addiction treatment program. Requires a community mental health center to commence a plan of treatment within two weeks for a Medicaid recipient who receives services after the office has amended the state plan. Specifies that for purposes of a community mental health center, telehealth services satisfy any face to face meeting requirement between a clinician and consumer. Requires at least two members of the division of mental health and addiction planning and advisory council to be community mental health center chief executive officers or designees. Specifies that the division of mental health and addiction (division) has primary oversight over suicide prevention and crisis services activities and coordination and designation of the 9-8-8 crisis hotline centers. Sets forth requirements to be designated as a 9-8-8 crisis hotline center. Establishes the statewide 9-8-8 trust fund. Allows advanced practice registered nurses and physician assistants to perform certain duties that are performed by a physician under the home health agencies laws. Allows a nonprofit association of cities and towns to participate in the state aggregate prescription drug purchasing program. Requires a public school that issues, after June 30, 2022, a student identification card to a student in grade 6, 7, 8, 9, 10, 11, or 12 to include on the student identification card the 9-8-8 crisis hotline and other crisis hotline phone numbers. Delays the requirement that a prescription for a controlled substance be in an electronic format until January 1, 2022. Allows for an exemption from the requirement of issuing a controlled substance prescription in an electronic format if the dispensing pharmacy or provider is unable to receive or process an electronically transmitted prescription. Requires certain rules adopted by the Indiana board of pharmacy (board) to be substantially similar to certain federal regulations. Adds behavior analysts to the definition of "practitioner" for purposes of the telehealth laws. Amends the definition of "telehealth". Amends the required graduate level courses and clinical experience that an applicant is required to obtain for a license as a clinical addiction counselor. Allows a pharmacist and pharmacy technician to administer an immunization for coronavirus disease. Allows a registered nurse to provide for the direct supervision of a pharmacist intern or pharmacist student who administers an immunization. Changes references of the "pharmacist in charge" to the "pharmacist on duty". Allows a pharmacist to supervise eight pharmacy interns. Allows a pharmacy technician to work remotely to perform specified responsibilities. Provides that the board shall hold the pharmacy permit holder accountable, rather than the qualifying pharmacy, for staffing violations if the qualifying pharmacist does not have the authority to make staffing determinations. Specifies that a transfer of a prescription includes a schedule II controlled substance. Removes the requirement that a pharmacist provide a patient with a written advance beneficiary notice that states that the patient may not be eligible for reimbursement for the device or supply. Changes remote dispensing facility requirements concerning location of the facility. Changes how long a remote dispensing facility must retain a surveillance recording from 45 days to 30 days. Removes specified physical requirements that a video monitor being used by the remote facility must meet. Adds therapeutic substitution to the definition of "protocol" for purposes of drug regimen adjustments and defines "therapeutic alternative" and specifies use of therapeutic alternative requirements for protocols. Removes a requirement for drug protocols concerning availability of medical records. Allows for physician assistants and advanced practice registered nurses to make referrals to pharmacists. Removes the requirement that the executive director of the Indiana professional licensing agency provide advice and consent before a majority of the members of the physical therapist committee may call a meeting. Requires the medical licensing board to adopt rules before January 1, 2022, that are required under the laws concerning physician assistants. Adds any plan or program that provides payment, reimbursement, or indemnification for the cost of prescription drugs to the definition of a "health plan". Adds two members to the justice reinvestment advisory council.

Increases the state earned income tax credit to an amount equal to 10% (instead of 9%) of the federal earned income tax credit that an individual claimed for a taxable year. Provides that for purposes of the Temporary Assistance for Needy Families program, income earned by a certain individual in the household who is participating in or pursuing a postsecondary degree, a workforce certificate, a pre-apprenticeship, or an apprenticeship may not disqualify an eligible household from receiving benefits, and may not be considered in determining the amount of assistance.

Allows a person admitted as a patient to a hospital or ambulatory outpatient surgical center (facility) to receive visitation by specified individuals during a declared emergency or public health emergency. Requires visitors to comply with applicable disease control or prevention guidelines issued by the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention when visiting a patient. Requires a facility to permit the visitation of a person admitted as a patient in a facility during specified compassionate care scenarios. Allows a facility to limit visitation in certain instances. Provides certain civil immunity for a facility, its employees, and contractors for an injury or harm caused by or resulting from: (1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency; or (2) acts or omissions by visitors who are present in the facility; as a result of the implementation of the required protocols. Requires health facilities and residential care facilities (health facilities) to allow visitation of a resident in a compassionate care situation. Requires the state department of health to adopt standards and guidelines concerning the essential family caregiver program during a declared emergency or public health emergency and requires facilities to participate in the program. Allows for the designation of an essential family caregiver for a resident of a health facility and allows for visitation during restricted visitation at the health facility. Specifies requirements for an individual to be designated as an essential family caregiver and allows for the reconsideration and reporting of a denial of a request for designation. Allows the state department of health to adopt certain rules concerning the program. Provides certain civil immunity for a health facility, its employees, and contractors for an injury or harm caused by or resulting from: (1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency; or (2) acts or omissions by visitors who are present in the health facility; as a result of the implementation of the required protocols.

Specifies that it is the policy of the state to recognize the parenting rights of a parent regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Provides that: (1) a court, in: (A) considering the appointment of a person as a guardian; (B) hearing an action to modify custody or an action to determine or modify parenting time; or (C) determining whether to grant a petition for adoption; and (2) the department of child services, in determining whether to grant a person a license to operate a foster family home; may not discriminate against, and shall take into consideration the provision of reasonable accommodations to, a person with a disability.

Establishes the Indiana broadband connectivity program (program) for the purpose of expanding availability of broadband Internet connectivity throughout Indiana. Provides that as part of the program, the office must establish a public broadband portal through which an individual may report that minimum broadband Internet (defined as a connection to the Internet at an actual speed of at least 25 megabits per second downstream and at least three megabits per second upstream) is unavailable at the individual's residential or business address. Provides that a broadband Internet provider may: (1) register with the program; (2) receive, at least every three months, listings of addresses submitted to the office as addresses at which minimum broadband Internet is unavailable; (3) report to the office any listed address at which the provider's minimum broadband Internet service is already available; and (4) bid for an award of a grant for purposes of extending connectivity to broadband Internet service (defined as a connection to the Internet at an actual speed of at least 50 megabits per second downstream and at least five megabits per second upstream) to an address at which minimum broadband Internet is unavailable. Provides that in evaluating any bids received under the program, the office shall select the provider whose bid presents the lowest cost to the state. Provides that a grant awarded to a provider under the program may not exceed the following: (1) A per-line extension amount that exceeds $25,000, regardless of the number of addresses served by the line extension. (2) A per-passing amount that exceeds the state's cost per passing for all rural broadband grants awarded from the fund as of the last day of the immediately preceding state fiscal year. Requires the office to provide to the general assembly an annual report containing specified data regarding the program. Provides that the office may maintain a geographic information system (GIS) or similar data base that contains spatial data regarding the availability of broadband Internet service in Indiana. Provides that the office may evaluate the broadband Internet coverage map created by the Federal Communications Commission under the Broadband Deployment Accuracy and Technological Availability Act (FCC map) and: (1) if the office finds that the FCC map: (A) provides address level broadband Internet coverage information; or (B) provides a greater level of detail than the office's broadband Internet coverage map; use the FCC map to update the office's broadband Internet coverage map; or (2) if the office finds that the FCC map does not: (A) provide address level broadband Internet coverage information; or (B) provide a greater level of detail than the office's broadband Internet coverage map; report that finding to the interim study committee on energy, utilities, and telecommunications during the 2022 legislative interim.

Removes the list of commodities and the specific weight limitations for certain commodities from the definition of "overweight divisible load". Provides that the Indiana department of transportation (department) may issue an overweight permit for transporting overweight vehicles and loads carrying resources on certain highways in the state highway system. Provides that a deviation from an approved route constitutes a violation subject to a civil penalty. Provides that not more than 8,500 single trip permits may be issued annually for applicants with a total equivalent single axle load calculation of more than 2.40 equivalent single axle load credit. Provides that the trip permit limit and trip weight limit do not include overweight divisible load permits obtained by shippers and carriers that obtained permits before January 1, 2021. Provides that the department may temporarily increase the number of overweight divisible load permits issued by order of the commissioner in response to an emergency or changes in market conditions. Provides that the department may limit the number of overweight divisible load permits issued to an individual applicant. Requires the department to adopt rules due to lack of transportation options for certain resources, supply chain interruptions, or supply dock backlogs. Provides that the department shall issue a report to the legislative council and the interim study committee on roads and transportation regarding the fee structure of overweight divisible load permits, and regarding the impact of overweight divisible loads on roads and highways by July 1, 2023. Provides that the department shall issue an annual report to the legislative council and the interim study committee on roads and transportation regarding market fluctuation in the number of overweight divisible load permits issued during the previous year. Provides that the Indiana state police department shall issue an annual report to the legislative council and the interim study committee on roads and transportation regarding the number of accidents involving applicants permitted for overweight divisible loads. Provides that a local authority may grant permits for transporting overweight divisible loads on local streets under the control of the local authority. Makes conforming changes.