Bill Text: IN SB0415 | 2013 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 4-12-7; IC 16-38-5.
Synopsis: Department of health matters. Requires local boards of
health to apply to the state department of health for funding from the
Indiana local health department account (account). Changes
distribution of funds from the account to the state department of health.
(Current law provides that the auditor of state distributes the funds.)
Directs distribution of the payments to the local boards of health.
(Current law provides that the funds are distributed to the counties.)
Beginning January 1, 2014, requires certain providers to report
immunization data to the immunization data registry within 72 hours
after giving an immunization, and allows for disciplinary sanctions for
failure to report immunization to the registry. (Under current law,
reporting is voluntary.)
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Health and Provider
Services.
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
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.
(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.
(c) The distribution of money allocated for a county described in subsection (b) shall be made to the local board of health not later than January 1 of the year following the year in which the allocation is made under subsection (b). The distribution must be in 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.
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.
(b) If more than one (1) local board of health
(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.
subsection expires December 31, 2013.
(b) This subsection is effective January 1, 2014. Except as
provided in subsection (c), 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 provide
immunization data to the immunization data registry:
(1) not later than seventy-two (72) hours after providing the
immunization;
(2) in a manner prescribed by the state department; and
(3) for the purposes allowed under this chapter.
(b) An exemption (c) A person is exempt from providing
immunization data to the immunization data registry shall be granted
if:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed a written immunization data exemption form
with either the person who provides the immunization or the state
department.
(c) (d) The state department shall create and provide copies of
immunization data exemption forms to:
(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.
(d) (e) The state department shall distribute, upon request, written
information to be disseminated to patients that describes the
immunization data registry. The written information must include the
following:
(1) That, beginning January 1, 2014, the provider may is
required to report immunization data to the immunization data
registry.
(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.
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform a patient or the child's parent or guardian:
(A) of the patient's or child's immunization status; or
(B) that an immunization is due according to recommended immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses confidential information contained in the immunization data registry in violation of this chapter commits a Class A misdemeanor.
(c) This subsection is effective January 1, 2014. A person who:
(1) is licensed under IC 25 and authorized within the provider's scope of practice to administer immunizations;
(2) administers an immunization to a patient for which the patient or the patient's guardian has not filed a written immunization data exemption form under section 2(c) of this chapter; and
(3) recklessly violates or fails to comply with the reporting requirements of this chapter;
is subject to sanctions under IC 25-1-9-4(a)(3).
