I move that House Bill 1306 be amended to read as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
health and to make and appropriation.
SOURCE: Page 1, line 1; (06)MO120901.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 12-15-1-20; (06)MO120901.1. -->
"SECTION 1. IC 12-15-1-20 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 20. (a) As used in this section,
"fund" refers to the health care fund established under subsection
(b).
(b) The health care fund is established for the purpose of
supporting the operations of the Medicaid program. The fund shall
be administered by the office of the secretary. The office of the
secretary may spend the money in the fund in accordance with this
subsection.
(c) The fund consists of money received from payments by
employers under IC 22-2-13.
(d) The expenses of administering the fund shall be paid from
money in the fund.
(e) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(f) The money in the fund at the end of a state fiscal year does
not revert to the state general fund.
(g) Money in the fund is continuously appropriated for the
purposes described in subsection (b).".
SOURCE: Page 2, line 6; (06)MO120901.2. -->
Page 2, after line 6, begin a new paragraph and insert:
SOURCE: IC 22-2-13; (06)MO120901.3. -->
"SECTION 3. IC 22-2-13 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 13. Employer Health Care Contributions
Sec. 1. As used in this chapter, "commissioner" refers to the
commissioner appointed under IC 22-1-1-2.
Sec. 2. As used in this chapter, "employer" means a private
employer that employs at least five thousand (5,000) full time and
part time employees.
Sec. 3. As used in this chapter, "health care costs" means the
amount paid by an employer to provide coverage for health care
services (as defined in IC 27-13-1-18) to employees in Indiana to the
extent the costs are deductible under federal tax law.
Sec. 4. (a) On January 1 of each year an employer shall submit
to the commissioner, on a form and in a manner approved by the
commissioner, the:
(1) number of employees in Indiana on one (1) day,
determined by the employer, during the immediately
preceding calendar year;
(2) amount spent by the employer during the immediately
preceding calendar year on health care costs in Indiana; and
(3) percentage of payroll that was spent by the employer
during the immediately preceding calendar year on health
care costs in Indiana.
(b) The information submitted under subsection (a) must:
(1) be signed by the principal executive officer or an
individual performing a similar function; and
(2) include an affidavit under penalty of perjury that the
information submitted:
(A) was reviewed by the individual signing the
information under subdivision (1); and
(B) is true to the best of the individual's knowledge,
information, and belief.
Sec. 5. When calculating the percentage of payroll under
section 4(a)(3) of this chapter, an employer may exclude:
(1) wages paid to an employee in excess of the median
household income in Indiana as published by the United
States Census Bureau; and
(2) wages paid to an employee who is eligible for Medicare.
Sec. 6. (a) An employer shall do either of the following:
(1) Spend on health care costs an amount equal to at least
eight percent (8%) of the total wages paid by the employer to
employees in Indiana.
(2) If the employer spends less than the amount specified
under subdivision (1), pay to the health care fund established
by IC 12-15-1-20 an amount equal to the difference between
the amount the employer spends and an amount equal to
eight percent (8%) of the total wages paid by the employer to
employees in Indiana.
(b) The difference paid to the health care fund under
subsection (a)(2) must be paid on a periodic basis determined by
the commissioner.
(c) An employer shall not deduct any payment made under
subsection (a) from the wages of an employee.
Sec. 7. The commissioner shall impose on an employer that
violates:
(1) section 4(a) of this chapter a civil penalty of two hundred
fifty dollars ($250) for each day of noncompliance; and
(2) section 6 of this chapter a civil penalty of two hundred
fifty thousand dollars ($250,000).
Sec. 8. Not later than March 15 of each year, the commissioner
shall obtain and report to the governor and the legislative council
in an electronic format under IC 5-14-6 the:
(1) name of each employer in Indiana;
(2) definition of "full time" and "part time" employee used
by each employer;
(3) number of full time employees:
(A) employed;
(B) eligible to receive health insurance benefits
provided; and
(C) receiving health insurance benefits provided;
by each employer;
(4) source of health insurance benefits for full time employees
not receiving health insurance benefits provided by each
employer;
(5) number of part time employees:
(A) employed;
(B) eligible to receive health insurance benefits
provided; and
(C) receiving health insurance benefits provided;
by each employer; and
(6) source of health insurance benefits for part time
employees not receiving health insurance benefits provided
by each employer;
as of the day specified in section 4(a)(1) of this chapter.
Sec. 9. The commissioner shall annually, based on the
information submitted under section 4 of this chapter:
(1) verify the identity of employers in Indiana; and
(2) ensure that employers in Indiana are in compliance with
section 4 of this chapter.
Sec. 10. The commissioner shall adopt rules under IC 4-22-2
to implement this chapter.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1306 as printed January 24, 2006.)