February 15, 2005
SENATE BILL No. 538
DIGEST OF SB 538
(Updated February 14, 2005 2:26 pm - DI 77)
Citations Affected: IC 12-15; IC 16-41.
Synopsis: Lead poisoning. Requires the office of Medicaid policy and
planning to develop: (1) measures to evaluate Medicaid managed care
organizations in screening children for lead poisoning; (2) a system to
maintain the results of the evaluation in written form; and (3) a
performance incentive program. Removes a reference to the lead
poisoning program from a communicable disease law. Requires the
state department of health to adopt rules for case management of
children with lead poisoning. Allows the state department of health to
coordinate lead poisoning outreach programs with social service
organizations. Requires reporting, monitoring, and preventive
procedures to protect children from lead poisoning. Requires certain
persons to submit lead testing reports to the state department of health
in an electronic format. Allows certain governmental agencies to share
lead testing information with each other.
Effective: July 1, 2005.
Gard, Sipes, Lawson C, Simpson,
January 20, 2005, read first time and referred to Committee on Health and Provider
February 3, 2005, reported favorably _ Do Pass.
February 14, 2005, read second time, amended, ordered engrossed.
February 15, 2005
First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE BILL No. 538
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-15-12-20; (05)SB0538.2.1. -->
SECTION 1. IC 12-15-12-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 20. The office shall develop the
(1) A measure to evaluate the performance of a Medicaid
managed care organization in screening a child who is less
than six (6) years of age for lead poisoning.
(2) A system to maintain the results of an evaluation under
subdivision (1) in written form.
(3) A performance incentive program for Medicaid managed
care organizations evaluated under subdivision (1).
SOURCE: IC 16-41-8-1; (05)SB0538.2.2. -->
SECTION 2. IC 16-41-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in subsections (d) and (e),
and IC 16-41-39.4-4, a person may
not disclose or be compelled to disclose medical or epidemiological
information involving a communicable disease or other disease that is
a danger to health (as defined under rules adopted under IC 16-41-2-1).
This information may not be released or made public upon subpoena
or otherwise, except under the following circumstances:
(1) Release may be made of medical or epidemiologic information
for statistical purposes if done in a manner that does not identify
(2) Release may be made of medical or epidemiologic information
with the written consent of all individuals identified in the
(3) Release may be made of medical or epidemiologic information
to the extent necessary to enforce public health laws, laws
described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
IC 35-38-1-7.1, and IC 35-42-1-7, or to protect the health or life
of a named party.
(b) Except as provided in subsection (a), a person responsible for
recording, reporting, or maintaining information required to be reported
under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
or fails to protect medical or epidemiologic information classified as
confidential under this section commits a Class A misdemeanor.
(c) In addition to subsection (b), a public employee who violates this
section is subject to discharge or other disciplinary action under the
personnel rules of the agency that employs the employee.
(d) Release shall be made of the medical records concerning an
(1) the individual;
(2) a person authorized in writing by the individual to receive the
medical records; or
(3) a coroner under IC 36-2-14-21.
(e) An individual may voluntarily disclose information about the
individual's communicable disease.
(f) The provisions of this section regarding confidentiality apply to
information obtained under IC 16-41-1 through IC 16-41-16.
SOURCE: IC 16-41-39.4-1; (05)SB0538.2.3. -->
SECTION 3. IC 16-41-39.4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) The state
department may adopt rules under IC 4-22-2 to implement this chapter.
(b) The state department shall adopt rules under IC 4-22-2 for
the case management of a child with lead poisoning.
SOURCE: IC 16-41-39.4-2; (05)SB0538.2.4. -->
SECTION 4. IC 16-41-39.4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) The state
department may do the following:
(1) Determine the magnitude of lead poisoning in Indiana's
(2) Provide consultation and education to a medical provider
network that screens for lead poisoning throughout Indiana.
(3) Receive and analyze blood samples or assist regional lab sites
to receive and analyze blood samples for lead poisoning.
(4) Develop and maintain a data base of unduplicated children
with lead poisoning.
(5) Provide consultation to local health departments regarding
medical case follow-up and environmental inspections connected
to reducing the incidence of lead poisoning.
(6) Coordinate lead exposure detection activities with local health
(7) Coordinate with
the Indiana Minority Health Coalition social
service organizations for outreach programs regarding lead
(8) Notify and update pediatricians and family practice physicians
of lead hazards in a timely fashion.
(9) Provide consumer alerts and consumer education regarding
including those associated with mini-blinds.
(b) The state department shall establish reporting, monitoring,
and preventive procedures to protect from lead poisoning.
SOURCE: IC 16-41-39.4-3; (05)SB0538.2.5. -->
SECTION 5. IC 16-41-39.4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a)
A person that
examines the blood of an individual described in section 2 of this
chapter for the presence of lead must report to the state department the
results of the examination not later than one (1) week after completing
the examination. The report must include at least the following:
(1) With respect to the individual whose blood is examined:
(A) the name;
(B) the date of birth;
(C) the gender;
(D) the race; and
(E) any other information that is required to be included to
qualify to receive federal funding.
(2) With respect to the examination:
(A) the date;
(B) the type of blood test performed;
(C) the person's normal limits for the test;
(D) the results of the test; and
(E) the person's interpretation of the results of the test.
(3) The names, addresses, and telephone numbers of:
(A) the person; and
(B) the attending physician, hospital, clinic, or other specimen
(b) If a person required to report under subsection (a) has
submitted more than fifty (50) results in the previous calendar
year, the person must submit subsequent reports in an electronic
format determined by the state department.
SOURCE: IC 16-41-39.4-4; (05)SB0538.2.6. -->
SECTION 6. IC 16-41-39.4-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a)
IC 16-41-8-1, The state department, the office of the secretary of family
and social services, and local health departments shall share among
themselves and with the United States Department of Health and
Human Services and the United States Department of Housing and
Urban Development information, including a child's name, address,
and demographic information, that is gathered after January 1, 1990,
concerning the concentration of lead in the blood of a child less than
seven (7) years of age to the extent necessary to determine the
prevalence and distribution of lead poisoning in children less than
seven (7) years of age.
Notwithstanding IC 16-41-8-1, The state department, the office
of the secretary of family and social services, and local health
departments shall share information described in subsection (a) that is
gathered after July 1, 2002, among themselves and with organizations
that administer federal, state, and local programs covered by the
United States Department of Housing and Urban Development
regulations concerning lead-based paint poisoning prevention in certain
residential structures under 24 CFR Subpart A, Part 35 to the extent
necessary to ensure that children potentially affected by lead-based
paint and lead hazards are adequately protected from lead poisoning.
(c) A person who shares data under this section is not liable for any
damages caused by compliance with this section.