Bill Text: IN SB0415 | 2013 | Regular Session | Enrolled
Bill Title: Department of health matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 191 [SB0415 Detail]
Download: Indiana-2013-SB0415-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning health.
(1) money required to be distributed to the account under subsection (b);
(2) additional amounts, if any, that another statute requires to be distributed to the account from the Indiana tobacco master settlement agreement fund;
(3) appropriations to the account from other sources; and
(4) grants, gifts, and donations intended for deposit in the account.
(b) Three million dollars ($3,000,000) of the money received by the state under the master settlement agreement during each calendar year beginning on or after January 1, 2001, shall be distributed to the account from the Indiana tobacco master settlement agreement fund.
(c) The account shall be administered by the state department of health. Money in the account at the end of the state fiscal year does not revert to the state general fund but remains available for expenditure.
[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Except as provided in
subsection (e), a local board of health seeking to receive funding
from the account established by section 4 of this chapter must file
an application with the state department of health before October
1 of each year:
(1) specifying the planned use for the funds; and
(2) in a manner specified by the state department of health.
The state department of health may extend the deadline for filing
the application required by this subsection upon a showing of good
cause by the local board of health.
(a) (b) Subject to subsection (b) (d) and subject to review by the
budget committee and approval by the budget agency, on July 1 of each
year the auditor of state shall distribute money from the account to each
county before June 1 of each year the state department of health
shall allocate money in the account to each county that has at least
one (1) local board of health that has submitted an application that
has been approved by the state department of health.
(c) The state department of health shall make two (2)
distributions of the money allocated for a county described in
subsection (b) to the local board of health not later than January
1 and July 1 of the year following the year in which the allocation
is made under subsection (b). in Each distribution must be one-half
(1/2) of the amount determined under STEP FOUR of the following
formula:
STEP ONE: Determine the amount of money, if any, available for
distribution from the account.
STEP TWO: Subtract nine hundred twenty thousand dollars
($920,000) from the amount determined under STEP ONE.
STEP THREE: Multiply the STEP TWO remainder by a fraction.
The numerator of the fraction is the population of the county. The
denominator of the fraction is the population of the state.
STEP FOUR: Add ten thousand dollars ($10,000) to the STEP
THREE product.
(b) (d) If less than nine hundred twenty thousand dollars ($920,000)
is available for distribution from the account on July 1 of any year, the
amount of the each distribution from the account to each county is
must be one-half (1/2) of the amount determined under STEP TWO
of the following formula:
STEP ONE: Determine the amount of money, if any, available for
distribution from the account.
STEP TWO: Multiply the STEP ONE amount by a fraction. The
numerator of the fraction is the population of the county. The
denominator of the fraction is the population of the state.
(e) Notwithstanding subsection (a), the application due in 2013
covers a period of eighteen (18) months starting July 1, 2013, and
must be submitted by a local board of health by June 1, 2013,
instead of October 1, 2013. The state department of health may
extend the deadline described in this subsection upon a showing of
good cause by the local board of health. Distribution for
applications described in this subsection that are approved by the
state department of health shall be made as follows:
(1) An amount equal to one-half (1/2) of the amount
determined under STEP FOUR of the formula in subsection
(c), not later than July 1, 2013.
(2) An amount equal to one-half (1/2) of the amount
determined under STEP FOUR of the formula in subsection
(c), not later than January 1, 2014.
(3) An amount equal to one-half (1/2) of the amount
determined under STEP FOUR of the formula in subsection
(c), not later than July 1, 2014.
(b) If more than one (1) local board of health
(b) A subsidiary corporation established under this section:
(1) shall use money received under subsection (a) to carry out in any manner the purposes and programs of the state
department, which may include programs intended to reduce
infant mortality, increase childhood immunizations, reduce
obesity, and reduce smoking rates;
(2) shall report to the budget committee each year
concerning:
(A) the use of money received under subsection (a); and
(B) the balances in any accounts or funds established by
the subsidiary corporation; and
(3) may deposit money received under subsection (a) in an
account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(c) A subsidiary corporation established under this section is
governed by a board of directors comprised of members appointed
by the governor. Employees of the state department may serve on
the board of directors.
(d) Employees of the state department shall provide
administrative support for a subsidiary corporation established
under this section. Employees of the state department directly
involved in the subsidiary corporation established under this
section may engage in fundraising activities on behalf of the
subsidiary corporation.
(e) The state board of accounts shall annually audit a subsidiary
corporation established under this section.
(b) Data in the immunization data registry may be used only for the following purposes:
(1) To assure that necessary immunizations are provided and overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other epidemiological research for disease control purposes.
(4) To document that required immunizations have been provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined by the state department.
(c) The state department may adopt rules under IC 4-22-2 concerning who may input and retrieve information from the
immunization data registry.
(b) This subsection takes effect July 1, 2015. Except as provided in subsections (c) and (e), a provider who is licensed under IC 25 and who is authorized within the provider's scope of practice to administer immunizations or the provider's designee shall electronically provide immunization data to the immunization data registry for all immunizations administered to individuals who are less than nineteen (19) years of age:
(1) not later than seven (7) business days after providing the immunization;
(2) in a manner prescribed by the state department, after reasonable notice; and
(3) for the purposes allowed under this chapter.
(1) the patient or
(2) the patient is a resident of or is receiving services from a facility licensed under IC 16-28.
(d) The minimum immunization data that must be provided under subsection (b) is:
(1) Patient identification number.
(2) Patient first and last name.
(3) Patient date of birth.
(4) Patient address.
(5) Patient race.
(6) Patient gender.
(7) Vaccine for Children program eligibility, if the patient is eligible for the Vaccine for Children program.
(8) Dose at the administration level under the Vaccine for Children program, if the patient is eligible for the Vaccine for Children program.
(9) Vaccination presentation or vaccination code using approved Immunization Information System (IIS) code type.
(10) Vaccination date administered.
(11) Lot number of the administered vaccine.
The state department may expand or modify the list of minimum immunization data that must be provided under this section based on Centers for Disease Control Immunization Information System (IIS) minimum field requirements.
(e) A provider who is unable to electronically provide immunization data to the immunization registry by July 1, 2015, shall submit a detailed plan for compliance with the requirements of subsection (b) to the state department no later than March 31, 2015. The state department will assist the provider so the provider is able to electronically provide immunization data in a reasonable amount of time.
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to administer immunizations; and
(2) individuals;
who request the form.
(1) That, beginning July 1, 2015, the provider
(2) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18) years of age, has a right to exempt disclosure of immunization data to the registry and may prevent disclosure by signing an immunization data exemption form.
(3) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18) years of age, may have the individual's information removed from the immunization data registry.
(4) Instructions on how to have the information removed.
immunization data as described in IC 16-38-5-2, as amended by
this act, considering:
(1) necessary improvements to the immunization registry
system for providers who manually enter immunization data
into the immunization registry portal, and ways to identify
and reduce errors and inaccuracies between the immunization
registry system and interfaced electronic medical record
systems; and
(2) the progress in improving the interoperability of the
immunization registry system and electronic medical record
systems.
(b) The commission shall submit a report to the legislative
council in a format required under IC 2-5-23-14 that includes the
commission's findings and recommendations of topics studied
under subsection (a).
(c) This SECTION expires January 1, 2015.
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