Bill Text: IN SB0128 | 2010 | Regular Session | Engrossed
Bill Title: Emergency management.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [SB0128 Detail]
Download: Indiana-2010-SB0128-Engrossed.html
Citations Affected: IC 10-14; noncode.
Synopsis: Emergency management. Includes fire protection districts
and fire protection territories as units for purposes of participation in
the statewide emergency mutual aid program under certain
circumstances. Provides that a county, municipality, township, fire
protection district, or fire protection territory that participates in the
program and that receives disaster assistance from another participating
unit shall reimburse the assisting unit for certain expenses to the extent
the expenses are not covered by reimbursements. Provides that the
office of Medicaid policy and planning shall apply, before September
1, 2010, to the United States Department of Health and Human
Services for approval to include, as part of the state's Medicaid state
plan, authorization to temporarily place certain special needs
individuals in a health facility without performing a health facility
preadmission screening test during an emergency. Provides that if the
office of Medicaid policy and planning receives approval from the
United States Department of Health and Human Services the office
shall include language in the state's Medicaid plan to allow for the
temporary placement of certain special needs individuals.
Effective: Upon passage; July 1, 2010.
(HOUSE SPONSORS _ TINCHER, RUPPEL, BARNES)
January 5, 2010, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 12, 2010, reported favorably _ Do Pass.
January 19, 2010, read second time, amended, ordered engrossed.
January 20, 2010, engrossed.
January 21, 2010, read third time, passed. Yeas 50, nays 0.
February 2, 2010, read first time and referred to Committee on Veterans Affairs and Public Safety.
February 22, 2010, amended, reported _ Do Pass.
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
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
(b) As used in this section, "unit"
(1) A unit (as defined in IC 36-1-2-23).
(2) A fire protection district established under IC 36-8-11.
(3) A provider unit (as defined in IC 36-8-19-3) acting on behalf of a fire protection territory established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutual aid program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit will not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization that serves
the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster or an emergency.
(e) A participating unit may request the assistance of at least one (1)
other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises,
testing, or training.
(f) A request for assistance to a participating unit under subsection
(e) shall be made by and to the executive of the unit or the executive's
authorized representative. A request may be oral or in writing. A
written request shall be made on forms developed by the department.
An oral request shall be confirmed in writing not later than twenty-four
(24) hours after the oral request is made.
(g) A request must include the following information:
(1) A description of the disaster response and recovery functions
for which assistance is needed, including the following:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support.
(K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,
materials, personnel, and other resources needed and a reasonable
estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting
participating unit's provision of assistance and a point of contact
at that location.
(h) A participating unit that is requested to render assistance shall
take the necessary action to provide and make available the requested
services, equipment, supplies, materials, personnel, and other
resources.
(i) A participating unit's obligation to provide assistance is subject
to the following restrictions:
(1) A participating unit's request to receive assistance is effective
only:
(A) upon declaration of a local disaster emergency by the
executive officer of the unit under section 23 29 of this
chapter; or
(B) upon the commencement of the exercises, testing, or
training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned
resources are required by the receiving participating unit or the
loaned resources remain in the receiving participating unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold
resources or recall loaned resources to the extent necessary to
provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under
the command and control of their regular leaders, but
operationally those forces shall be under the control of the
incident commander or unified commander designated by the
requesting participating unit.
(b) Each participating unit shall provide for the payment of compensation and benefits to:
(1) an injured member; and
(2) a representative of a deceased member;
of the participating unit's emergency forces if the member is injured or killed while rendering assistance under section 10.6 of this chapter in the same manner and on the same terms as if the injury or death were sustained while the member was rendering assistance for or within the member's own unit. Expenses incurred under this subsection are not reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster response or recovery to another participating unit under section 10.6 of this chapter shall be reimbursed by the participating unit receiving the assistance for the following:
(1) A loss of, damage to, or expense incurred in the operation of any equipment in answering the request for assistance, to the extent the loss, damage, or expense is not covered by a
reimbursement from insurance to the participating unit
rendering assistance.
(2) An expense incurred in the provision of a service in answering
the request for assistance, to the extent the expense is not
covered by a reimbursement from insurance to the
participating unit rendering assistance.
(3) An expense incurred in answering the request for assistance,
to the extent the expense is not covered by a reimbursement
from insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance
policy used to reimburse all or part of an expense or other
cost described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement rates
apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the responding
personnel if it is the normal practice of the requesting unit to
pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering
assistance to another participating unit under this section shall be
considered agents of the requesting participating unit for the purpose
of tort liability and immunity.
(g) This section does not prevent any participating unit from
entering into a mutual aid or other agreement with another unit, fire
protection district, or provider unit (as defined in IC 36-8-19-3)
acting on behalf of a fire protection territory, or affect any other
agreement to which a unit, a fire protection district, or a fire
protection territory is a party, including an agreement entered into
under this chapter or IC 36-1-7.
(b) As used in this SECTION, "special needs individual" means an individual who has a disability due to a health impairment that substantially affects at least one (1) major life activity of the individual and that makes the individual dependent on assistance by another person.
(c) Before September 1, 2010, the office shall apply to the United States Department of Health and Human Services for approval to include, as part of the state's Medicaid state plan, authorization to temporarily place a special needs individual in a health facility without performing a health facility preadmission screening test during an emergency.
(d) If the office receives approval from the United States Department of Health and Human Services under subsection (b), the office shall file an affidavit with the governor attesting that the application submitted under this SECTION has been approved and is in effect. The office shall file the affidavit under this subsection not later than five (5) days after the office is notified of the approval.
(e) If the office receives approval from the United States Department of Health and Human Services for the request made under this SECTION and the office has filed that affidavit under subsection (d), the office shall include language in the state's Medicaid plan to allow for the temporary placement described in subsection (c).
(f) This SECTION expires December 31, 2010.
