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Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

21

                                                        NO:
5

MR. SPEAKER:
    Your Committee on       Ways and Means     , to which was referred       House Bill 1140     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning health and to make an appropriation.

SOURCE: Page 1, line 1; (03)AM114002.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 16-18-2-163; (03)AM114002.1. -->     "SECTION 1. IC  16-18-2-163 , AS AMENDED BY P.L.148-1999, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 163. (a) "Health care provider", for purposes of IC  16-21 and IC  16-41 , means any of the following:
        (1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3),

a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, or an advanced emergency technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
        (2) A college, university, or junior college that provides health care to a student, a faculty member, or an employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
        (3) A blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.
        (4) A home health agency (as defined in IC  16-27-1-2 ).
        (5) A health maintenance organization (as defined in IC  27-13-1-19 ).
        (6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
        (7) A corporation, partnership, or professional corporation not otherwise qualified under this subsection that:
            (A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
            (B) is organized or registered under state law; and
            (C) is determined to be eligible for coverage as a health care provider under IC  34-18 for the corporation's, partnership's, or professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is limited to the health care provider's health care functions and does not extend to other causes of action.
    (b) "Health care provider", for purposes of IC 16-19-1-4 and IC  16-35 , has the meaning set forth in subsection (a). However, for purposes of IC 16-19-1-4 and IC  16-35 , the term also includes a health facility (as defined in section 167 of this chapter).
    (c) "Health care provider", for purposes of IC  16-36-5 , means an individual licensed or authorized by this state to provide health care or

professional services as:
        (1) a licensed physician;
        (2) a registered nurse;
        (3) a licensed practical nurse;
        (4) an advanced practice nurse;
        (5) a licensed nurse midwife;
        (6) a paramedic;
        (7) an emergency medical technician;
        (8) an advanced emergency medical technician; or
        (9) a first responder, as defined under IC  16-18-2-131 .
The term includes an individual who is an employee or agent of a health care provider acting in the course and scope of the individual's employment.

SOURCE: IC 16-19-1-4; (03)AM114002.2. -->     SECTION 2. IC 16-19-1-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) As used in this section, "augmentation allowed" means the governor and the budget agency are authorized to add to any appropriation from revenues accruing to the fund from which the appropriation was made.
    (b) As used in this section, "personal services" includes payments for salaries and wages to officers and employees of the state (either regular or temporary), payments for compensation awards, and the employer's share of Social Security, health insurance, life insurance, and disability and retirement fund contributions.
    (c) In addition to any other appropriation, augmentation is allowed for any appropriation made for any state fiscal year to the department for personal services in amounts not to exceed the additional revenue derived from the sum of:
        (1) the increase in the health facility licensing fee under IC 16-28-2-7, as enacted in the 2003 session of the general assembly; and
        (2) any increase in the fees on health care providers (as defined in IC 16-18-2-163(b)) that are:
            (A) enacted; or
            (B) adopted by the executive board under IC 16-19-3;
        after December 31, 2002.
The amount of augmentation allowed is annually appropriated to the department for personal services.
    (d) This section expires June 30, 2008.
".
SOURCE: Page 1, line 7; (03)AM114002.1. -->     Page 1, delete lines 7 through 16.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1140 as printed February 11, 2003.)

and when so amended that said bill do pass.

__________________________________

Representative Crawford


AM114002/DI 51    2003